[Federal Register Volume 79, Number 141 (Wednesday, July 23, 2014)]
[Rules and Regulations]
[Pages 42647-42649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-15551]



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  Federal Register / Vol. 79, No. 141 / Wednesday, July 23, 2014 / 
Rules and Regulations  

[[Page 42647]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0226; Directorate Identifier 2014-CE-009-AD; 
Amendment 39-17884; AD 2014-13-08]
RIN 2120-AA64


Airworthiness Directives; Diamond Aircraft Industries GmbH 
Airplanes

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are superseding Airworthiness Directive (AD) 2013-24-14 for 
Diamond Aircraft Industries GmbH Models DA40 and DA40F airplanes. This 
AD results from mandatory continuing airworthiness information (MCAI) 
issued 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 AD to require actions to address the unsafe condition on these 
products.

DATES: This AD is effective August 27, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of August 27, 
2014.
    The Director of the Federal Register approved the incorporation by 
reference of certain other publications listed in this AD as of January 
7, 2014 (78 FR 72568; December 3, 2013).

ADDRESSES: 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, U.S. Department 
of Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.
    For service information identified in 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 view this 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.

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:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to add an AD that would apply to Diamond Aircraft Industries 
GmbH Model DA 40 airplanes. That NPRM was published in the Federal 
Register on April 14, 2014 (79 FR 20827), and proposed to supersede AD 
2013-24-14, Amendment 39-17689 (78 FR 72568; December 3, 2013) (``AD 
2013-24-14'').
    Since we issued AD 2013-24-14, the inspections required by AD 2013-
24-14 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.
    The NPRM proposed to correct an unsafe condition for the specified 
products and was based on MCAI originated by an aviation authority of 
another country. The MCAI states that:

    Structural fatigue testing of the DA 40 aeroplane carried out 
for an extension of the Major Structural Inspection (MSI) interval 
has shown that the fatigue strength of the aft main spar in the 
cabin area does not ensure unlimited lifetime.
    This condition, if not corrected, could adversely affect the 
structural integrity of the aeroplane.
    Diamond Aircraft Industries (DAI) issued Mandatory Service 
Bulletin (MSB) 40-074/MSB D4-094/MSB F4-028, including Work 
Instruction (WI) WI-MSB 40-074/WI-MSB D4-094/WI-MSB F4-028 
(published as a single document), providing instructions to 
reinforce the aft main spar in the cabin area.
    For the reasons described above, this AD requires modification 
of the aft main spar in the cabin area.

The MCAI can be found in the AD docket on the Internet at: http://www.regulations.gov/#!documentDetail;D=FAA-2014-0226-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (79 FR 20827, April 14, 
2014) or on the determination of the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting the AD as proposed except for 
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (79 FR 20827, April 14, 2014) for correcting the unsafe condition; 
and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (79 FR 20827, April 14, 2014).

Costs of Compliance

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

[[Page 42648]]

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 AD will not have federalism implications 
under Executive Order 13132. This AD will 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 AD:
    (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.

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 the NPRM, 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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 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:

2014-13-08 Diamond Aircraft Industries GmbH: Amendment 39-17884; 
Docket No. FAA-2014-0226; Directorate Identifier 2014-CE-009-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective August 27, 
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. 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 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 time-in-service 
(TIS): At or before 2,000 hours TIS after August 27, 2014 (the 
effective date of this AD) or within the next 114 months after 
August 27, 2014 (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 
August 27, 2014 (the effective date of this AD) or within the next 
114 months after August 27, 2014 (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 
August 27, 2014 (the effective date of this AD) or within the next 
48 months after August 27, 2014 (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 August 27, 2014 (the effective 
date of this AD) or within the next 12 months after August 27, 2014 
(the effective date of this AD), whichever occurs first, visually 
inspect the aft spar center section following page 11, Inspection 
Item 31 in Section 05-28-50, Maintenance Checklist Airframe, of 
Chapter 5, Time Limits and Maintenance Checks, in DIAMOND AIRCRAFT 
INDUSTRIES DA 40 SERIES AIRPLANE MAINTENANCE MANUAL (AMM), Revision 
7, dated April 1, 2013. If any damage is found during this 
inspection, before further flight, do all necessary 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 August 27, 2014 (the effective date of this AD) 
or within the next 48 months after August 27, 2014 (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 
August 27, 2014 (the effective date of this AD) or within the next 
12 months after August 27, 2014 (the effective date of this AD), 
whichever occurs first.

[[Page 42649]]

(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. The MCAI 
can be found in the AD docket on the Internet at: http://www.regulations.gov/#!documentDetail;D=FAA-2014-0226-0002.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on 
August 27, 2014.
    (i) Page 11, Inspection Item 31 in Section 05-28-50, Maintenance 
Checklist Airframe, of Chapter 5, Time Limits and Maintenance 
Checks, in DIAMOND AIRCRAFT INDUSTRIES DA 40 SERIES AIRPLANE 
MAINTENANCE MANUAL (AMM), Revision 7, dated April 1, 2013.
    (ii) Reserved.
    (4) The following service information was approved for IBR on 
January 7, 2014 (78 FR 72568; December 3, 2013).
    (i) Diamond Aircraft Industries GmbH Mandatory Service Bulletin 
40-074, dated May 10, 2013.
    (ii) Diamond Aircraft Industries GmbH Mandatory Service Bulletin 
D4-094, dated May 10, 2013.
    (iii) Diamond Aircraft Industries GmbH Mandatory Service 
Bulletin F4-028, dated May 10, 2013.

     Note 1 to paragraphs (i)(4)(i) through (i)(4)(iii) of this AD:  
Diamond Aircraft Industries GmbH Mandatory Service Bulletin 40-074, 
dated May 10, 2013; Diamond Aircraft Industries GmbH Mandatory 
Service Bulletin D4-094, dated May 10, 2013; Diamond Aircraft 
Industries GmbH Mandatory Service Bulletin F4-028, dated May 10, 
2013; are co-published as one document.

    (iv) Diamond Aircraft Industries GmbH Work Instruction WI-MSB 
40-074, dated May 10, 2013.
    (v) Diamond Aircraft Industries GmbH Work Instruction WI-MSB D4-
094, dated May 10, 2013.
    (vi) Diamond Aircraft Industries GmbH Work Instruction WI-MSB 
F4-028, dated May 10, 2013.

    Note 2 to paragraphs (i)(4)(iv) through (i)(4)(vi) of this AD: 
Diamond Aircraft Industries GmbH Work Instruction WI-MSB 40-074; 
Diamond Aircraft Industries GmbH Work Instruction WI-MSB F4-028; 
dated May 10, 2013; and Diamond Aircraft Industries GmbH Work 
Instruction WI-MSB F4-028 dated May 10, 2013; are co-published as 
one document.

    (5) For Diamond Aircraft Industries GmbH service information 
identified in 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.
    (6) You may view this 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.
    (7) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on June 24, 2014.
Timothy Smyth,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-15551 Filed 7-22-14; 8:45 am]
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