[Federal Register Volume 74, Number 29 (Friday, February 13, 2009)]
[Proposed Rules]
[Pages 7196-7198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3117]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0125; Directorate Identifier 2009-CE-002-AD]
RIN 2120-AA64


Airworthiness Directives; Diamond Aircraft Industries GmbH Models 
DA 40 and DA 40F Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed AD results from mandatory 
continuing airworthiness information (MCAI) originated by an aviation 
authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as:

    A number of wings manufactured by Diamond Aircraft Industries 
Inc. in Canada have been found to exhibit voids in the adhesive 
joint between the main spar caps and the upper wing skins. The 
available information indicates that wings with voids continue to 
meet the certification design limits, provided the voids are within 
established criteria. However, to detect any wings that may have 
voids exceeding these criteria, Diamond has issued Mandatory Service 
Bulletin MSB-40-060 and MSB-F4-016 (single document) that describes 
instructions for inspection of the aircraft that had these wings 
installed during manufacture. Aircraft that have voids within the 
inspection criteria may continue to operate without restriction, 
pending the outcome of ongoing investigations. Aircraft that have 
voids exceeding the inspection criteria must be repaired.

The proposed AD would require actions that are intended to address the 
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by March 16, 2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (telephone (800) 647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

FOR FURTHER INFORMATION CONTACT: Sarjapur Nagarajan, Aerospace 
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas 
City, Missouri 64106; telephone: (816) 329-4145; fax: (816) 329-4090.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0125; 
Directorate Identifier 2009-CE-002-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
AD No.: 2008-0224, dated December 16, 2008 (referred to after this as 
``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    A number of wings manufactured by Diamond Aircraft Industries 
Inc. in Canada have been found to exhibit voids in the adhesive 
joint between the main spar caps and the upper wing skins. The 
available information indicates that wings with voids continue to 
meet the certification design limits, provided the voids are within 
established criteria. However, to detect any wings that may have 
voids exceeding these criteria, Diamond has issued Mandatory Service 
Bulletin MSB-40-060 and MSB-F4-016 (single document) that describes 
instructions for inspection of the aircraft that had these wings 
installed during manufacture. Aircraft that have voids within the 
inspection criteria may continue to operate without restriction, 
pending the outcome of ongoing investigations. Aircraft that have 
voids exceeding the inspection criteria must be repaired.
    For the reasons described above, this EASA AD requires the 
inspection of the affected aircraft to measure the voids in the 
adhesive joint between the main spar caps and the upper wing skin, 
the reporting of all findings to Diamond Aircraft Industries and the 
repair of any voids exceeding the criteria as specified in the MSB.

Relevant Service Information

    Diamond Aircraft Industries GmbH has issued Mandatory Service 
Bulletins No. MSB-40-060 and No. MSB-F4-016 (single document), dated 
October 20, 2008. The actions described in this service information are 
intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of the Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with this State of Design Authority, they 
have notified us of the unsafe condition described in the MCAI and 
service information referenced above. We are proposing this AD because 
we evaluated all information and determined the unsafe condition exists 
and is likely to exist or develop on other products of the same type 
design.

Differences Between This Proposed AD and the MCAI or Service 
Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.

[[Page 7197]]

    We might also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a Note within the proposed AD.

Costs of Compliance

    We estimate that this proposed AD will affect 649 products of U.S. 
registry. We also estimate that it would take about 2 work-hours per 
product to comply with the basic requirements of this proposed AD. The 
average labor rate is $80 per work-hour.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $103,840, or $160 per product.
    Because a permanent resolution to this action has not yet been 
determined, we have no way of determining the cost of any necessary 
repairs or parts that may be required as a result of any proposed 
inspection.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect 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.
    For the reasons discussed above, I certify this proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by adding the following new AD:

Diamond Aircraft Industries GmbH: Docket No. FAA-2009-0125; 
Directorate Identifier 2009-CE-002-AD.

Comments Due Date

    (a) We must receive comments by March 16, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the following model and serial number 
airplanes, certificated in any category: DA 40 airplanes serial 
numbers 40.377, 40.420, 40.422, 40.644 through 40.693, 40.695 
through 40.842, 40.844, 40.846 through 40.887, 40.889 through 
40.912, 40.915 through 40.917, 40.919 through 40.929, 40.931, 
40.932, 40.934 through 40.940, 40.944 through 40.949, 40.951 through 
40.953, 40.955 through 40.957, 40.961, 40.964, and 40.971; and DA 
40F airplanes, serial numbers 40.FC007 through 40.FC029.

Subject

    (d) Air Transport Association of America (ATA) Code 57: Wings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    A number of wings manufactured by Diamond Aircraft Industries 
Inc. in Canada have been found to exhibit voids in the adhesive 
joint between the main spar caps and the upper wing skins. The 
available information indicates that wings with voids continue to 
meet the certification design limits, provided the voids are within 
established criteria. However, to detect any wings that may have 
voids exceeding these criteria, Diamond has issued Mandatory Service 
Bulletin MSB-40-060 and MSB-F4-016 (single document) that describes 
instructions for inspection of the aircraft that had these wings 
installed during manufacture. Aircraft that have voids within the 
inspection criteria may continue to operate without restriction, 
pending the outcome of ongoing investigations. Aircraft that have 
voids exceeding the inspection criteria must be repaired.
    For the reasons described above, this EASA AD requires the 
inspection of the affected aircraft to measure the voids in the 
adhesive joint between the main spar caps and the upper wing skin, 
the reporting of all findings to Diamond Aircraft industries and the 
repair of any voids exceeding the criteria as specified in the MSB.

Actions and Compliance

    (f) Unless already done, do the following actions following 
Diamond Aircraft Industries GmbH Mandatory Service Bulletins No. 
MSB-40-060 and No. MSB-F4-016 (single document), dated October 20, 
2008:
    (1) Within the next 100 hours time-in-service (TIS) after the 
effective date of this AD or within the next 3 months after the 
effective date of this AD, whichever occurs first, inspect the 
adhesive joint between the wing main spar caps and the upper wing 
skin for adhesive voids.
    (2) Within the next 30 days after the inspection required in 
paragraph (f)(1) of this AD or within 30 days after the effective 
date of this AD, whichever occurs later, report the results to 
Diamond Aircraft Industries following the instructions in Diamond 
Aircraft Industries GmbH Mandatory Service Bulletins No. MSB-40-060 
and No. MSB-F4-016 (single document), dated October 20, 2008.
    (3) If, as a result of the inspection required by paragraph 
(f)(1) of this AD, an adhesive void is found that exceeds the 
criteria specified in the service information, before further 
flight, contact Diamond Aircraft Industries at Diamond Aircraft 
Industries GmbH, N.A. Otto-Stra[beta]e 5, A-2700 Wiener Neustadt; 
telephone: +43 2622 26700; fax: +43 2622 26780; email: 
[email protected], for approved repair instructions and 
accomplish the repair accordingly.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Office, FAA, has the authority to approve AMOCs for this 
AD, if requested using the procedures found in 14 CFR 39.19. Send 
information to ATTN: Sarjapur Nagarajan, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4145; fax: (816) 329-4090. 
Before using any approved AMOC on any airplane to which the AMOC 
applies,

[[Page 7198]]

notify your appropriate principal inspector (PI) in the FAA Flight 
Standards District Office (FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency (EASA) AD No.: 
2008-0224, dated December 16, 2008; and Diamond Aircraft Industries 
GmbH Mandatory Service Bulletins No. MSB-40-060 and No. MSB-F4-016 
(single document), dated October 20, 2008, for related information.

    Issued in Kansas City, Missouri, on February 6, 2009.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
 [FR Doc. E9-3117 Filed 2-12-09; 8:45 am]
BILLING CODE 4910-13-P