[Federal Register Volume 62, Number 128 (Thursday, July 3, 1997)]
[Rules and Regulations]
[Pages 35959-35961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17450]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 97-CE-36-AD; Amendment 39-10062; AD 97-13-02]
RIN 2120-AA64
Airworthiness Directives; Diamond Aircraft Industries, Inc. Model
DA 20-A1 Airplanes, Serial Numbers 10002 Through 10287
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
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SUMMARY: This document publishes in the Federal Register an amendment
adopting Airworthiness Directive (AD) 97-13-02, which was sent
previously to all known U.S. owners and operators of Diamond Aircraft
Industries, Inc. (Diamond) Model DA 20-A1 airplanes. This AD requires
fabricating and installing a placard and inserting limitations into the
airplane's flight manual limitations section prohibiting spin maneuvers
until a modification is installed. This AD results from an occurrence
where a pilot's shoe jammed between the rudder control pedal and the
firewall during a spin recovery in a Canadian registered HOAC-Austria
Model DV 20 KATANA airplane. The actions specified by this AD are
intended to prevent the pilot's shoe from becoming jammed between the
rudder pedal and firewall which could result in loss of control of the
airplane.
DATES: Effective July 14 1997, to all persons except those to whom it
was made immediately effective by priority letter AD 97-13-02, issued
June 12, 1997, which contained the requirements of this amendment.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of July 14, 1997.
Comments for inclusion in the Rules Docket must be received on or
before August 14, 1997.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Central Region, Office of the Assistant Chief
Counsel, Attention: Rules Docket 97-CE-36-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., 1560 Crumlin Sideroad, London,
Ontario, Canada N5V 1S2; telephone (519) 457-4041; facsimile (519) 457-
4045. This information may also be examined at the Rules Docket at the
address above, or at the Office of the Federal Register, 800 North
Capitol Street, NW., 7th Floor, suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Gregory J. Michalik, Senior Aerospace
Engineer, Chicago Aircraft Certification Office, 2300 East Devon Ave.,
Des Plaines, Illinois 60018, telephone (847) 294-7135; facsimile (847)
294-7834
SUPPLEMENTARY INFORMATION:
Discussion
On June 12, 1997, the FAA issued priority letter AD 97-13-02, which
applies to Diamond Model DA 20-A1 airplanes. That AD resulted from an
occurrence where a pilot's shoe jammed between the rudder control pedal
and the firewall during a spin recovery in a Canadian registered HOAC-
Austria Model DV 20 KATANA airplane. Investigation of the occurrence by
Transport Canada, which is the airworthiness authority for Canada,
revealed that the pilot's shoe caught on the head of a screw protruding
from the firewall just above the rudder control pedals. There are two
screws in this area
[[Page 35960]]
that secure the battery box to the firewall.
Further examination of the design of the HOAC-Austria Model DV 20
KATANA airplane indicates that the potential for jamming of a pilot's
shoe between the rudder pedal and the firewall also exists for Diamond
Model DA 20-A1 airplanes. The Model DV 20 KATANA is manufactured in
Austria, and is of similar design to the Model DA 20-A1 which is
manufactured in Canada. The situation can develop when aggressive full
rudder is applied such as in a spin entry, with simultaneous placement
of the pilot's feet high on the toe brakes. The pilot's shoe can become
jammed between the rudder pedal and firewall which could result in loss
of control of the airplane.
Relevant Service Information
Diamond Aircraft has issued Alert Service Bulletin No. DA 20-53-
01A, which specifies procedures for modifying the rudder control pedal
area with skid plates and countersunk screws to preclude the pilot's
shoe from catching on the battery box mounting screws and thus
restricting the movement of the rudder pedals.
In order to assure the continued airworthiness of these airplanes
in Canada, Transport Canada has classified this service bulletin as
mandatory and issued Canadian AD No. CF-97-09, applicable to Diamond
Model DA 20-A1 airplanes, which requires fabricating and installing a
placard and inserting limitations into the airplane's flight manual
limitations (AFM) section prohibiting spin maneuvers until the above
modification is installed.
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.
The FAA's Determination and Explanation of the AD
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, the FAA issued priority letter AD 97-13-02 to prevent the
pilot's shoe from jamming between the rudder pedal and firewall which
could result in loss of control of the airplane. The AD requires
fabricating and installing a placard (with \1/8\-inch letters) in the
clear view of the pilot that reads: ``SPINS PROHIBITED'', and amending
the airplane flight manual (AFM) limitations section to indicate that
spinning is not permitted.
The placard fabrication and AFM insertion can be accomplished by an
owner/operator holding at least a private pilot certificate as
authorized by section 43.7 of the Federal Aviation Regulations (14 CFR
43.7).
In addition, this AD requires accomplishing a modification to the
rudder control pedal area with skid plates and countersunk screws at
which time the AFM limitation and the placard can be removed. The
modification is to be done in accordance with the instructions in
Diamond Alert Service Bulletin No. DA 20-53-01A, Rev. 0, dated June 5,
1997.
Determination of the Effective Date of the AD
Since it was found that immediate corrective action was required,
notice and opportunity for prior public comment thereon were
impracticable and contrary to the public interest, and good cause
existed to make the AD effective immediately by individual letters
issued on June 12, 1997 to all known U.S. operators of Diamond Model DA
20-A1 airplanes. These conditions still exist, and the AD is hereby
published in the Federal Register as an amendment to section 39.13 of
the Federal Aviation Regulations (14 CFR 39.13) to make it effective as
to all persons.
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.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this rule must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket No. 97-CE-13-AD.'' The postcard will be date stamped and
returned to the commenter.
Regulatory Impact
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 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. A copy of it, if filed, may
be obtained from the Rules Docket at the location provided under the
caption ADDRESSES.
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 USC 106(g), 40113, 44701.
[[Page 35961]]
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding a new airworthiness directive
(AD) to read as follows:
97-13-02 Diamond Aircraft Industries, Inc.: Amendment 39-10062;
Docket 97-CE-36-AD.
Applicability: Model DA 20-A1 airplanes, serial numbers 10002
through 10287, 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 (g) 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 as indicated in the body of this AD, unless
already accomplished, except to those operators receiving this
action by priority letter issued June 12, 1997, which made these
actions effective immediately upon receipt.
To prevent the pilot's shoe from becoming jammed between the
rudder pedal and firewall which could result in loss of control of
the airplane, accomplish the following:
(a) Prior to further flight after the effective date of this AD,
fabricate a placard in \1/8\-inch letters with the words ``SPINS
PROHIBITED'', and install this placard in the airplane cabin within
the pilot's clear view.
(b) Prior to further flight after the effective date of this AD,
insert a copy of this priority letter AD into the limitations
section of the Airplane Flight Manual (AFM).
(c) Fabricating and installing the placard and inserting a copy
of this AD into the AFM limitations section may be performed by the
owner/operator holding at least a private pilot certificate as
authorized by section 43.7 of the Federal Aviation Regulations (14
CFR 43.7), and must be entered into the airplane's records showing
compliance with this AD in accordance with section 43.9 of the
Federal Aviation Regulations.
(d) Within the next 30 days after the effective date of this AD,
modify the rudder control pedal area in accordance with the
ACCOMPLISHMENT INSTRUCTIONS section of Diamond Alert Service
Bulletin No. DA20-53-01A, Rev. 0, dated June 5, 1997.
(e) Accomplishing the modification in paragraph (d) of this AD
eliminates the need for the placard and AFM limitations requirements
specified in paragraphs (a) and (b) of this AD.
(f) 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.
(g) An alternative method of compliance or adjustment of the
compliance times that provides an equivalent level of safety may be
approved by the Manager, Chicago Aircraft Certification Office, 2300
East Devon Ave., 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 Aircraft
Certification Office.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from Chicago Aircraft Certification Office.
(h) The modification required by this AD shall be done in
accordance with Diamond Aircraft Alert Service Bulletin No. DA20-53-
01A, Rev. 0, dated June 5, 1997. 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., 1560 Crumlin Sideroad, London,
Ontario, Canada N5V 1S2. 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, suite 700, Washington, DC.
(i) This amendment (39-10062) becomes effective on July 14, 1997
to all persons except those persons to whom it was made immediately
effective by priority letter AD 97-13-02, issued June 12, 1997,
which contained the requirements of this amendment.
Issued in Kansas City, Missouri, on June 26, 1997.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 97-17450 Filed 7-2-97; 8:45 am]
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