[Federal Register Volume 85, Number 136 (Wednesday, July 15, 2020)]
[Rules and Regulations]
[Pages 42687-42689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15133]



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 Rules and Regulations
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  Federal Register / Vol. 85, No. 136 / Wednesday, July 15, 2020 / 
Rules and Regulations  

[[Page 42687]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0644; Product Identifier 2019-CE-057-AD; Amendment 
39-21160; AD 2020-14-06]
RIN 2120-AA64


Airworthiness Directives; Diamond Aircraft Industries Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
Diamond Aircraft Industries Models DA 40, DA 40 F, and DA 40 NG 
airplanes. This AD results from mandatory continuing airworthiness 
information (MCAI) issued by the aviation authority of another country 
to identify and correct an unsafe condition on an aviation product. The 
MCAI describes the unsafe condition as deterioration of the fuel tank 
connection hoses that could result in restriction of fuel flow leading 
to fuel starvation and reduced control of the airplane. The FAA is 
issuing this AD to require actions to address the unsafe condition on 
these products.

DATES: This AD is effective August 4, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of August 4, 
2020.
    The FAA must receive comments on this AD by August 31, 2020.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to https://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 AD, contact Customer 
Support, Diamond Aircraft Industries, Inc., 1560 Crumlin Sideroad, 
London, Ontario, Canada, N5V 1S2; Phone: (519) 457-4041, Fax: (519) 
457-4045; Email: [email protected]. You may view this 
referenced service information at the FAA, Airworthiness Products 
Section, Operational Safety Branch, 901 Locust, Kansas City, Missouri 
64106. For information on the availability of this material at the FAA, 
call (816) 329-4148. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0644.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0644; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this AD, the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations is listed above. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Joseph Catanzaro, Aerospace Engineer, 
FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, New 
York 11590; telephone: (516) 287-7366; fax: (516) 794-5531; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    Transport Canada, which is the aviation authority for Canada, has 
issued AD No. CF-2019-39, dated October 31, 2019 (referred to after 
this as ``the MCAI''), to correct an unsafe condition for Diamond 
Aircraft Industries Models DA 40, DA 40 D, DA 40 F, and DA 40 NG 
airplanes. The MCAI states:

    Diamond Aircraft Industries (DAI) has received reports of fuel 
tank connection hose deterioration on the DA 40 aeroplanes. In a 
number of cases, rubber parts from the hoses were found in the fuel 
tank and gascolator. Investigation determined that the affected 
connection hoses originated from two isolated batches. Some of the 
affected hoses were installed on aeroplanes during production, while 
others were sold as replacement parts.
    Deterioration of fuel tank connection hoses, if not corrected, 
could result in contamination of the fuel system and restriction of 
fuel flow, leading to fuel starvation and reduced control of the 
aeroplane.
    To address this unsafe condition, DAI issued Mandatory Service 
Bulletins (MSBs) to provide instructions for identifying and 
replacing the affected parts. The MSBs also provide instructions to 
inspect the fuel tank chambers and remove rubber parts that have 
detached from the hoses. This AD mandates replacement of the 
affected parts, associated inspections and corrective actions 
detailed in the MSBs.

    You may examine the MCAI on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0644.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed the following Diamond Aircraft Industries 
Mandatory Service Bulletins: MSB 40-087, Revision 3, dated November 5, 
2019, for the Model DA 40 airplanes; MSB F4-037, Revision 3, dated 
November 5, 2019, for the Model DA 40 F airplanes; and MSB 40NG-064, 
Revision 2, dated August 29, 2019, for the Model DA 40 NG airplanes. 
The FAA also reviewed the following Diamond Aircraft Industries Work 
Instructions: WI-MSB 40-087, Revision 0, dated July 1, 2019, for the 
Model DA 40 airplanes; WI-MSB F4-037, Revision 0, dated July 1, 2019, 
for the Model DA 40 F airplanes; and WI-MSB 40NG-064, Revision 0, dated 
July 1, 2019, for the Model DA 40 NG airplanes. In combination for the 
applicable model airplane, the service bulletins and work instructions 
contain procedures for identifying and replacing affected parts, 
inspecting the fuel tank chambers, and removing rubber material that 
has detached from the hoses. This service information is reasonably 
available because the interested parties have access to it through 
their normal

[[Page 42688]]

course of business or by the means identified in the ADDRESSES section.

FAA's Determination and Requirements of the 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, it has 
notified the FAA of the unsafe condition described in the MCAI and 
service information referenced above. The FAA is issuing this AD 
because the FAA evaluated all information provided by the State of 
Design Authority and determined the unsafe condition exists and is 
likely to exist or develop on other products of the same type design.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because 
deterioration of fuel tank connection hoses could result in 
contamination of the fuel system and restriction of fuel flow, 
resulting in fuel starvation and reduced control of the airplane. 
Additionally, the compliance time for the required actions is shorter 
than the time necessary for the public to comment and for publication 
of the final rule. Therefore, the FAA finds good cause that notice and 
opportunity for prior public comment are impracticable. In addition, 
for the reasons stated above, the FAA finds that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and the FAA did not precede it by notice and opportunity for 
public comment. The FAA invites you to send any written relevant data, 
views, or arguments about this AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2020-0644; 
Product Identifier 2019-CE-057-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this AD. The FAA will 
consider all comments received by the closing date and may amend this 
AD because of those comments.
    The FAA will post all comments it receives, without change, to 
https://www.regulations.gov, including any personal information you 
provide. The FAA will also post a report summarizing each substantive 
verbal contact it receives about this AD.

Costs of Compliance

    The FAA estimates that this AD will affect 737 products of U.S. 
registry. The FAA also estimates that it would take about 16 work-hours 
per product to comply with the requirements of this AD. The average 
labor rate is $85 per work-hour. Required parts would cost about $48 
per product.
    Based on these figures, the FAA estimates the cost of the AD on 
U.S. operators to be $1,408 per airplane, or $1,037,696 for the U.S. 
fleet.

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.
    The FAA is 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 Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not 
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt 
a rule without prior notice and comment. Because the FAA has determined 
that it has good cause to adopt this rule without notice and comment, 
RFA analysis is not required.

Regulatory Findings

    The FAA determined that this proposed 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 that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

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 adding the following new airworthiness 
directive (AD):

2020-14-06 Diamond Aircraft Industries Inc.: Amendment 39-21160; 
Docket No. FAA-2020-0644; Product Identifier 2019-CE-057-AD.

(a) Effective Date

    This AD becomes effective August 4, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Diamond Aircraft Industries Inc. Models DA 
40, DA 40 F, and DA 40 NG airplanes (including Model DA 40 NG 
airplanes that have been converted from the Model DA 40 D), all 
serial numbers, certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 28: Fuel System.

(e) Reason

    This AD was prompted by deterioration of the fuel tank 
connection hoses, which if not addressed, could result in 
contamination of the fuel system and restriction of fuel flow. The 
FAA is issuing this AD to detect and prevent fuel starvation and 
reduced control of the airplane.

(f) Actions and Compliance

    (1) For purposes of this AD, ``affected part'' means a fuel tank 
connection hose that meets the criteria in paragraph (f)(1)(i), 
(ii), or (iii) of this AD.
    (i) Part number (P/N) D4D-2817-10-70 installed during production 
on Model DA 40 NG airplanes with a serial number listed in Section 
I.2. of Diamond Aircraft Industries Mandatory Service Bulletin No. 
MSB 40NG-064, Revision 2, dated August 29, 2019; or
    (ii) P/N D4D-2817-10-70 or BENOLPRESS (no part number) purchased 
between July 13, 2017, and February 26, 2019, as listed in Section 
I.11 of Diamond Aircraft Industries Mandatory Service Bulletin No. 
MSB 40-087, Revision 3, dated November 5, 2019;

[[Page 42689]]

Diamond Aircraft Industries Mandatory Service Bulletin No. MSB 40NG-
064, Revision 2, dated August 29, 2019; or Diamond Aircraft 
Industries Mandatory Service Bulletin No. MSB F4-037, Revision 3, 
dated November 5, 2019; or
    (iii) P/N D4D-2817-10-70 installed as a replacement part on or 
after July 13, 2017, if it is unknown whether the part meets the 
criteria in paragraph (f)(1)(i) or (ii) of this AD.
    (2) Unless already done, within 100 hours time-in-service (TIS) 
after August 4, 2020 or within 2 months after August 4, 2020, 
whichever occurs first, replace each affected part, inspect the main 
fuel tank chambers, and remove any detached rubber material in 
accordance with Sections III.1 and III.2 of the Instructions in 
Diamond Aircraft Industries Work Instruction WI-MSB 40-087, Revision 
0, dated July 1, 2019; Diamond Aircraft Industries Work Instruction 
WI-MSB F4-037, Revision 0, dated July 1, 2019; or Diamond Aircraft 
Industries Work Instruction WI-MSB 40NG-064, Revision 0, dated July 
1, 2019; as applicable to your model airplane, except you are not 
required to report information to the manufacturer.
    (3) As of August 4, 2020, do not install an affected part on any 
airplane.

(g) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, New York ACO Branch, FAA, has the authority to 
approve AMOCs for this AD, if requested using the procedures found 
in 14 CFR 39.19. Send your request to your principal inspector (PI) 
or local Flight Standards District Office, as appropriate. If 
sending information directly to the manager of the certification 
office, send it to Joseph Catanzaro, Aerospace Engineer, FAA, New 
York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, New York 
11590; telephone: (516) 287-7366; fax: (516) 794-5531; email: 
[email protected].
    (2) Before using any approved AMOC, notify your appropriate PI, 
or lacking a PI, the manager of the local Flight Standards District 
Office.

(h) Related Information

    Refer to Transport Canada AD No. CF-2019-39, dated October 31, 
2019. You may examine the Transport Canada AD on the internet at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2020-0644.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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.
    (i) Diamond Aircraft Industries Mandatory Service Bulletin No. 
MSB 40-087, Revision 3, dated November 5, 2019.
    (ii) Diamond Aircraft Industries Mandatory Service Bulletin No. 
MSB 40NG-064, Revision 2, dated August 29, 2019.
    (iii) Diamond Aircraft Industries Mandatory Service Bulletin No. 
MSB F4-037, Revision 3, dated November 5, 2019.
    (iv) Diamond Aircraft Industries Work Instruction WI-MSB 40-087, 
Revision 0, dated July 1, 2019.
    (v) Diamond Aircraft Industries Work Instruction WI-MSB 40NG-
064, Revision 0, dated July 1, 2019.
    (vi) Diamond Aircraft Industries Work Instruction WI-MSB F4-037, 
Revision 0, dated July 1, 2019.
    (3) For Diamond Aircraft Industries, Inc. service information 
identified in this AD, contact Customer Support, Diamond Aircraft 
Industries, Inc., 1560 Crumlin Sideroad, London, Ontario, Canada, 
N5V 1S2; Phone: (519) 457-4041, Fax: (519) 457-4045; Email: [email protected].
    (4) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 901 
Locust, Kansas City, Missouri 64106. For information on the 
availability of this material at the FAA, call (816) 329-4148. It is 
also available on the internet at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2020-0644.
    (5) 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, email [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on July 1, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-15133 Filed 7-14-20; 8:45 am]
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