[Federal Register Volume 79, Number 71 (Monday, April 14, 2014)]
[Proposed Rules]
[Pages 20827-20829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-08312]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0226; Directorate Identifier 2014-CE-009-AD]
RIN 2120-AA64


Airworthiness Directives; Diamond Aircraft Industries GmbH 
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 
Diamond Aircraft Industries GmbH Models DA40 and DA40F airplanes that 
would supersede AD 2013-24-14, which resulted 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 the 
fatigue strength found in the aft main spar not ensuring unlimited 
lifetime structural integrity. We are issuing this proposed AD to 
require actions to address the unsafe condition on these products and 
to change the compliance time to coincide with other regulatory 
requirements.

DATES: We must receive comments on this proposed AD by May 29, 2014.

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.
    For service information identified in this proposed AD, contact 
Diamond Aircraft Industries GmbH, N.A. Otto-Str.5, A-2700 Wiener 
Neustadt, Austria; telephone: +43 2622 26700; fax: +43 2622 26780; 
email: [email protected]; Internet: http://www.diamondaircraft.com/contact/technical.php. You may review copies of the referenced service 
information at the FAA, Small Airplane Directorate, 901 Locust, Kansas 
City, Missouri 64106. For information on the availability of this 
material at the FAA, call (816) 329-4148.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0226; 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: Mike Kiesov, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4144; fax: (816) 329-4090; email: 
[email protected].

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-2014-0226; 
Directorate Identifier 2014-CE-009-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://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.

[[Page 20828]]

Discussion

    On November 22, 2013, we issued AD 2013-24-14, Amendment 39-17689 
(78 FR 72568; December 3, 2013). That AD required actions intended to 
address an unsafe condition on Diamond Aircraft Industries GmbH Models 
DA40 and DA40F airplanes and was based on mandatory continuing 
airworthiness information (MCAI) originated by an aviation authority of 
another country.
    The inspections required by AD 2013-24-13 are tied to calendar time 
and the Major Structural Inspection (MSI) identified in Chapter 5 of 
the airplane maintenance manual (AMM). This compliance time mirrors the 
mandatory continuing airworthiness information (MCAI) issued by the 
State of Design for these products.
    However, U.S. operators are not required to comply with the 
requirement to inspect before the next MSI since the Limitations in 
Chapter 4 of the AMM are mandatory and the MSI in Chapter 5 of the AMM 
is not mandatory.

Relevant Service Information

    Diamond Aircraft Industries GmbH has issued Mandatory Service 
Bulletin MSB 40-074, MSB D4-094, and MSB F4-028 (co-published as a 
single document), dated May 10, 2013; Diamond Aircraft Industries GmbH 
Work Instructions WI-MSB 40-074, WI-MSB D4-094, and WI-MSB F4-028, (co-
published as a single document), dated May 10, 2013; and DA 40 Series 
AMM, Chapter Section 05-28-50, Section 2 (Cockpit), page 11, Item 31, 
sub-item ``The rear main bulkhead,'' Rev. 7, dated April 1, 2013. 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.

Costs of Compliance

    We estimate that this proposed AD will affect 747 products of U.S. 
registry. We also estimate that it would take about 6 work-hours per 
product to comply with the basic requirements of this proposed AD. The 
average labor rate is $85 per work-hour. Required parts would cost 
about $100 per product.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $455,670, or $610 per product.

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 proposed 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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

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

0
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]

0
2. The FAA amends Sec.  39.13 by removing Amendment 39-17689 (78 FR 
72568; December 3, 2013), and adding the following new AD:

Diamond Aircraft Industries GmbH: Docket No. FAA-2014-0226; 
Directorate Identifier 2014-CE-009-AD.

(a) Comments Due Date

    We must receive comments by May 29, 2014.

(b) Affected ADs

    This AD supersedes AD 2013-24-14, Amendment 39-17689 (78 FR 
72568; December 3, 2013).

(c) Applicability

    This AD applies to Diamond Aircraft Industries Model DA 40 
airplanes, serial numbers 40.006 through 40.009, 40.011 through 
40.1071, and 40.1073 through 40.1077; and Model DA 40 F airplanes, 
serial numbers 40.FC001 through 40.FC029; certificated in any 
category.

(d) Subject

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

(e) Reason

    This AD was prompted by mandatory continuing airworthiness 
information (MCAI) originated by an aviation authority of another 
country to identify and correct an unsafe condition on an aviation 
product. We are issuing this proposed AD to correct an incorrect 
compliance time and to modify the aft main spar in the cabin area to 
ensure the structural integrity of the airplane.

(f) Actions and Compliance

    Comply with this AD within the compliance times specified in 
paragraphs (f)(1) through (f)(4) of this AD, unless already done.
    (1) For airplanes with less than 1,500 hours TIS: At or before 
2,000 hours time-in-service (TIS) after the effective date of this 
AD or within the next 114 months after the effective date of this 
AD, whichever occurs first, modify the aft main spar in the cabin 
area following the INSTRUCTIONS section of Diamond Aircraft 
Industries GmbH Work Instructions WI-MSB 40-074, WI-MSB D4-094, and 
WI-MSB F4-028 (co-published as a single document), dated May 10, 
2013, as specified in Diamond Aircraft Industries GmbH Mandatory 
Service Bulletins (MSB) 40-074, D4-094, and F4-028 (co-published as 
a single document), dated May 10, 2013.
    (2) For airplanes with 1,500 hours or more than 1,500 hours TIS 
but less than 2,000 hours TIS: At or before 500 hours TIS after

[[Page 20829]]

the effective date of this AD or within the next 114 months after 
the effective date of this AD, whichever occurs first, modify the 
aft main spar in the cabin area following the INSTRUCTIONS section 
of Diamond Aircraft Industries GmbH Work Instructions WI-MSB 40-074, 
WI-MSB D4-094, and WI-MSB F4-028 (co-published as a single 
document), dated May 10, 2013, as specified in Diamond Aircraft 
Industries GmbH Mandatory Service Bulletins (MSB) 40-074, D4-094, 
and F4-028 (co-published as a single document), dated May 10, 2013.
    (3) For airplanes with 2,000 hours or more than 2,000 hours TIS 
but less than 2,500 hours TIS: At or before 500 hours TIS after the 
effective date of this AD or within the next 48 months after the 
effective date of this AD, whichever occurs first, modify the aft 
main spar in the cabin area following the INSTRUCTIONS section of 
Diamond Aircraft Industries GmbH Work Instructions WI-MSB 40-074, 
WI-MSB D4-094, and WI-MSB F4-028 (co-published as a single 
document), dated May 10, 2013, as specified in Diamond Aircraft 
Industries GmbH Mandatory Service Bulletins (MSB) 40-074, D4-094, 
and F4-028 (co-published as a single document), dated May 10, 2013.
    (4) For airplanes with 2,500 hours or more than 2,500 hours TIS: 
Within the next 100 hours TIS after the effective date of this AD or 
within the next 12 months after the effective date of this AD, 
whichever occurs first, inspect the aft spar center section 
following DIAMOND AIRCRAFT INDUSTRIES DA 40 SERIES AIRPLANE 
MAINTENANCE MANUAL (AMM), Chapter Section 05-28-50, Section 2 
(Cockpit), Item 31, sub-item ``The rear main bulkhead,'' page 11, 
Rev. 7, dated April 1, 2013, and perform any applicable corrective 
actions.
    (i) After doing the inspection required by paragraph (f)(4) of 
this AD including any applicable corrective actions, at or before 
500 hours TIS after the effective date of this AD or within the next 
48 months after the effective date of this AD, whichever occurs 
first, modify the aft main spar in the cabin area following the 
INSTRUCTIONS section of Diamond Aircraft Industries GmbH Work 
Instructions WI-MSB 40-074, WI-MSB D4-094, and WI-MSB F4-028 (co-
published as a single document), dated May 10, 2013, as specified in 
Diamond Aircraft Industries GmbH Mandatory Service Bulletins (MSB) 
40-074, D4-094, and F4-028 (co-published as a single document), 
dated May 10, 2013.
    (ii) The modification required in paragraph (f)(4)(i) of this AD 
may be done instead of the inspection required by paragraph (f)(4) 
of this AD provided it is done within the next 100 hours TIS after 
the effective date of this AD or within the next 12 months after the 
effective date of this AD, whichever occurs first.

(g) Other FAA AD Provisions

    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: Mike Kiesov, Aerospace Engineer, FAA, Small 
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4144; fax: (816) 329-4090; email: 
[email protected]. Before using any approved AMOC on any airplane 
to which the AMOC applies, 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.

(h) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) AD No.: 
2013-0145, dated July 15, 2013, for related information. You may 
examine the MCAI on the Internet at http://www.regulations.gov by 
searching for and locating Docket No. FAA-2014-0226. For service 
information related to this AD, contact Diamond Aircraft Industries 
GmbH, N.A. Otto-Str.5, A-2700 Wiener Neustadt, Austria; telephone: 
+43 2622 26700; fax: +43 2622 26780; email: [email protected]; 
Internet: http://www.diamondaircraft.com/contact/technical.php. You 
may review copies of the referenced service information at the FAA, 
Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. 
For information on the availability of this material at the FAA, 
call (816) 329-4148.

    Issued in Kansas City, Missouri, on April 8, 2014.
Timothy Smyth,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-08312 Filed 4-11-14; 8:45 am]
BILLING CODE 4910-13-P