[Federal Register Volume 61, Number 83 (Monday, April 29, 1996)]
[Rules and Regulations]
[Pages 18670-18671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10306]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 96-CE-21-AD; Amendment 39-9579; AD 96-09-05]
RIN 2120-AA65


Airworthiness Directives; Diamond Aircraft Industries Model DA 
20-A1 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to Diamond Aircraft Industries (Diamond) Model DA 20-A1 
airplanes. This action requires inspecting the aft wing cavities for 
manufacturing debris, removing any debris found, and modifying the 
aileron pushrod fairings to allow them to flex. Several reports of the 
aileron controls becoming blocked because of manufacturing debris 
getting jammed between the short aileron pushrod and the pushrod exit 
fairing on both left and right wings prompted this action. The actions 
specified by this AD are intended to prevent the aileron controls from 
becoming blocked causing jamming between the short aileron pushrod and 
the pushrod fairing exit, which, if not detected and corrected, could 
cause loss of control of the airplane.

DATES: Effective May 17, 1996.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of May 17, 1996.
    Comments for inclusion in the Rules Docket must be received on or 
before June 17, 1996.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Assistant Chief 
Counsel, Attention: Rules Docket 96-CE-21-AD, Room 1558, 601 E. 12th 
Street, Kansas City, Missouri 64106.
    Service information that applies to this AD may be obtained from 
Diamond Aircraft Industries, Inc., 690 Crumlin Sideroad, Ontario, 
Canada N5V 1S2; telephone (519) 457-4000; facsimile (519) 457-4037. 
This information may also be examined at the Federal Aviation 
Administration (FAA), Central Region, Office of the Assistant Chief 
Counsel, Attention: Rules Docket 96-CE-21-AD, Room 1558, 601 E. 12th 
Street, Kansas City, Missouri 64106; or at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mr. Gregory J. Michalik, Senior 
Aerospace Engineer, FAA, Chicago Aircraft Certification Office, 2300 E. 
Devon, Des Plaines, Illinois 60018; telephone (847) 294-7135; facsimile 
(847) 294-7834.

SUPPLEMENTARY INFORMATION: Transport Canada, which is the airworthiness 
authority for Canada, recently notified the FAA that an unsafe 
condition may exist on Diamond Model DA 20-A1 airplanes. Transport 
Canada advises that partial blockage of the aileron controls because of 
manufacturing debris jamming between the short aileron pushrod and 
pushrod exit fairing has occurred in several of these airplanes.
    Diamond Aircraft Industries has issued service bulletin (SB) No. 
DA20-57-02, Rev. 0, Date Issued: March 7, 1996, which specifies 
procedures for inspecting the inside of the wings for debris, removing 
any debris, and modifying the aileron pushrod fairings.
    Transport Canada classified this service bulletin as mandatory and 
issued Emergency AD CF-96-07, dated March 15, 1996 in order to assure 
the continued airworthiness of these airplanes in Canada.
    This airplane model is manufactured in Canada and is type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, Transport Canada has kept the FAA 
informed of the situation described above.
    After examining the circumstances and reviewing all available 
information related to the incidents described above including that 
received from Transport Canada, the FAA has determined that AD action 
should be taken in order to prevent the aileron controls from becoming 
blocked causing jamming between the short aileron pushrod and the 
pushrod fairing exit, which, if not detected and corrected, could cause 
loss of control of the airplane.
    Since an unsafe condition has been identified that is likely to 
exist or develop in other Diamond Model DA 20-A1 airplanes of the same 
type design registered for operation in the United States, this AD 
requires visually inspecting the aft wing cavities (both wings) for any 
manufacturing debris or foreign objects, removing any debris found, and 
modifying the aileron pushrod fairings in both wings. The actions are 
to be accomplished in accordance with the instructions in Diamond SB 
No. DA20-57-02, Rev. 0, Date Issued: March 7, 1996.
    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for public 
prior comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting immediate flight safety and, thus, was not 
preceded by notice and opportunity to comment, comments are invited on 
this rule. Interested persons are invited to comment on this rule by 
submitting such written data, views, or arguments as they may desire. 
Communications should identify the Rules Docket number and be submitted 
in triplicate to the address specified above. All communications 
received on or before the closing date for comments will be considered, 
and this rule may be amended in light of the comments received. Factual 
information that supports the commenter's ideas and suggestions is 
extremely helpful in evaluating the effectiveness of the AD action and 
determining whether additional rulemaking action would be needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.

[[Page 18671]]

    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 96-CE-21-AD.'' The postcard will be date stamped and 
returned to the commenter.
    The regulations adopted herein will not have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    The FAA has determined that this regulation is an emergency 
regulation and that must be issued immediately to correct an unsafe 
condition in aircraft, and is not a significant regulatory action under 
Executive Order 12866. It has been determined further that this action 
involves an emergency regulation under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979). If it is determined that 
this emergency regulation otherwise would be significant under DOT 
Regulatory Policies and Procedures, a final regulatory evaluation will 
be prepared and placed in the Rules Docket (otherwise, an evaluation is 
not required). A copy of it, if filed, may be obtained from the Rules 
Docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (14 CFR part 39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec. 39.13   [Amended]

    2. Section 39.13 is amended by adding a new airworthiness directive 
(AD) to read as follows:

96-09-05 Diamond Aircraft Industries: Amendment 39- 9579 ; Docket 
No. 96-CE-21-AD.
    Applicability: Model DA 20-A1 airplanes (serial numbers 10002 
through 10110), certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (d) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required within the next 10 hours time-in-service 
(TIS), unless already accomplished.
    To prevent the aileron controls from becoming blocked causing 
jamming between the short aileron pushrod and the pushrod fairing 
exit, which, if not detected and corrected, could cause loss of 
control of the airplane, accomplish the following:
    (a) Visually inspect the aft wing cavities (both wings) for any 
manufacturing debris or foreign objects and remove any debris found 
in accordance with the ACCOMPLISHMENT INSTRUCTIONS: ``-Inspection'' 
section of Diamond Alert Service Bulletin (SB) No. DA20-57-02, Rev. 
0, Date Issued: March 7, 1996.
    (b) Modify the aileron pushrod fairings (both wings) in 
accordance with the ACCOMPLISHMENT INSTRUCTIONS: ``-Modification of 
Fairing'' section of Diamond Alert SB No. DA20-57-02, Rev. 0, Date 
Issued: March 7, 1996.
    (c) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.
    (d) An alternative method of compliance or adjustment of the 
initial or repetitive compliance times that provides an equivalent 
level of safety may be approved by the Manager, Chicago Aircraft 
Certification Office (ACO), 2300 E. Devon, Des Plaines, Illinois 
60018. The request shall be forwarded through an appropriate FAA 
Maintenance Inspector, who may add comments and then send it to the 
Manager, Chicago ACO.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Chicago Aircraft Certification Office.

    (e) The inspection and modification required by this AD shall be 
done in accordance with Diamond Aircraft Industries Alert Service 
Bulletin No. DA20-57-02, Rev. 0, Date Issued: March 7, 1996. This 
incorporation by reference was approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. Copies may be obtained from Diamond Aircraft Industries, Inc., 
690 Crumlin Sideroad, Ontario, Canada N5V 1S2; telephone (519) 457-
4000; facsimile (519) 457-4037. Copies may be inspected at the FAA, 
Central Region, Office of the Assistant Chief Counsel, Room 1558, 
601 E. 12th Street, Kansas City, Missouri, or at the Office of the 
Federal Register, 800 North Capitol Street, NW., 7th Floor, suite 
700, Washington, DC.
    (f) This amendment (39-9579) becomes effective on May 17, 1996.

    Issued in Kansas City, Missouri, on April 18, 1996.
Henry A. Armstrong,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-10306 Filed 4-26-96; 8:45 am]
BILLING CODE 4910-13-P