[Federal Register Volume 88, Number 169 (Friday, September 1, 2023)]
[Proposed Rules]
[Pages 60406-60409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18827]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1812; Project Identifier MCAI-2023-00726-A]
RIN 2120-AA64


Airworthiness Directives; Diamond Aircraft Industries Inc. 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Diamond Aircraft Industries Inc. Model DA 62 airplanes. This 
proposed AD was prompted by reports of baggage nets installed with 
defective buckles, which may result in failure of the baggage net to 
restrain the baggage or cargo, which could lead to injury to the 
occupants in the case of an emergency landing. This proposed AD would 
require identifying and replacing the affected part. The FAA is 
proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this NPRM by October 16, 2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to 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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1812; 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 NPRM, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For service information identified in this NPRM, contact 
Diamond Aircraft Industries Inc., Att: Thit Tun, 1560 Crumlin Road, 
London, N5V 1S2, Canada; phone: (519) 457-4000; email: 
diamondaircraft.com">t.tun@diamondaircraft.com; website: diamondaircraft.com.
     You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 901 Locust, 
Kansas City, MO 64106. For information on the availability of this 
material at the FAA, call (817) 222-5110.

FOR FURTHER INFORMATION CONTACT: Chirayu Gupta, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
phone: (516) 228-7300; email: [email protected].

SUPPLEMENTARY INFORMATION:

[[Page 60407]]

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2023-1812; Project Identifier 
MCAI-2023-00726-A'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to 
Chirayu Gupta, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, 
Suite 410, Westbury, NY 11590. Any commentary that the FAA receives 
which is not specifically designated as CBI will be placed in the 
public docket for this rulemaking.

Background

    Transport Canada, which is the aviation authority for Canada, has 
issued Transport Canada AD CF-2021-24, dated July 21, 2021 (referred to 
after this as the MCAI), to correct an unsafe condition on all Diamond 
Aircraft Industries Inc. Model DA 40, DA 40 D, DA 40 F, DA 40 NG, and 
DA 62 airplanes.
    The MCAI states Diamond Aircraft Industries Inc. received reports 
of defective buckles installed on the baggage nets on DA 40 NG and DA 
62 airplanes. An investigation revealed a quality issue during the 
manufacturing of the Quick Fix Baggage Net Assembly, part number (P/N) 
D44-2550-90-00 and P/N D67-2550-90-00_02, by the supplier. P/N D44-
2550-90-00 baggage nets can also be installed on DA 40, DA 40 D, and DA 
40 F airplanes. The baggage nets installed with defective buckles may 
not maintain sufficient holding force to restrain the baggage or cargo 
that is carried in the same compartment as passengers. Consequently, 
they may not provide adequate means to protect the passengers from 
injury. This condition, if not corrected, could result in the failure 
of the baggage net to restrain the baggage or cargo, which could lead 
to injury to the occupants in the case of an emergency landing. The 
MCAI mandates the removal and replacement of the affected baggage nets. 
The MCAI also renders any affected baggage nets not eligible for 
installation as a replacement part on Diamond Aircraft Industries Inc. 
Model DA 40, DA 40 D, DA 40 F, DA 40 NG, and DA 62 airplanes.
    Previously, the FAA issued AD 2022-13-06, Amendment 39-22092 (87 FR 
40435, July 7, 2022) (AD 2022-13-06) to address the unsafe condition on 
all Diamond Aircraft Industries Inc. Model DA 40, DA 40 F, and DA 40 NG 
airplanes (including Model DA 40 D airplanes that have been converted 
to Model DA 40 NG airplanes). AD 2022-13-06 requires removing and 
replacing the affected baggage nets. The Diamond Aircraft Industries 
Inc. Model DA 62 airplanes were not included in AD 2022-13-06. This 
proposed AD would require these same actions on the Diamond Aircraft 
Industries Inc. Model DA 62 airplanes.
    The FAA is proposing this AD to prevent failure of the baggage net 
to restrain the baggage or cargo. This unsafe condition, if not 
corrected, could result in injury to occupants in the case of an 
emergency landing.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1812.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Diamond Aircraft Industries Mandatory Service 
Bulletin MSB 62-028, Rev. 1, dated July 6, 2021, which specifies 
procedures for identifying, removing, and replacing the affected 
baggage nets.
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in ADDRESSES.

FAA's Determination

    These products have been approved by the aviation authority of 
another country, and are approved for operation in the United States. 
Pursuant to the FAA's 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 NPRM after determining that the unsafe condition described 
previously is likely to exist or develop on other products of the same 
type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in the MCAI, except as discussed under ``Differences Between this 
Proposed AD and the MCAI.''

Differences Between This Proposed AD and the MCAI

    The MCAI applies to Diamond Aircraft Industries Inc. Model DA 40, 
DA 40 D, DA 40 F, DA 40 NG, and DA 62 airplanes. This proposed AD would 
only apply to Diamond Aircraft Industries Inc. Model DA 62 airplanes 
and would not apply to Model DA 40, DA 40 F, and DA 40 NG airplanes 
because those airplanes are already covered by AD 2022-13-06. This 
proposed AD would not apply to Model DA 40 D airplanes because that 
model does not have an FAA type certificate.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 81 airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this proposed 
AD:

[[Page 60408]]



                                                 Estimated Costs
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                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Replace baggage net...................  0.25 work-hour x $85 per            $441         $462.25      $37,442.25
                                         hour = $21.25.
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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 Findings

    The FAA 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) Would not affect intrastate aviation in Alaska, and
    (3) Would 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 adding the following new airworthiness 
directive:

Diamond Aircraft Industries Inc.: Docket No. FAA-2023-1812; Project 
Identifier MCAI-2023-00726-A.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by October 16, 2023.

(b) Affected ADs

    AD 2022-13-06, Amendment 39-22092 (87 FR 40435, July 7, 2022) is 
related to this AD.

(c) Applicability

    This AD applies to Diamond Aircraft Industries Inc. Model DA 62 
airplanes, all serial numbers, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 2550, Cargo 
Compartments.

(e) Unsafe Condition

    This AD was prompted by reports of baggage nets installed with 
defective buckles. The FAA is issuing this AD to prevent failure of 
the baggage net to restrain the baggage or cargo. The unsafe 
condition, if not addressed, could result in injury to occupants in 
the case of an emergency landing.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Definition

    The following are ``affected baggage nets'' for purposes of this 
AD: Quick fix baggage net assembly part number D67-2550-90-00_02 
with a date of manufacture of June 2016.

(h) Required Actions

    (1) Within 12 months after the effective date of this AD or 
within 50 hours time-in-service after the effective date of this AD, 
whichever occurs first, inspect each baggage net to determine 
whether an affected baggage net is installed on your airplane.

    Note 1 to paragraph (h)(1): The date of manufacture is located 
on the label with the abbreviation ``DMF.''

    (i) If an affected baggage net is installed, before further 
flight, remove the baggage net from service.
    (ii) Before the next flight carrying baggage or cargo in the 
baggage compartment, install a baggage net that is not an affected 
baggage net in accordance with Figure 1 of the Accomplishment 
Instructions in Diamond Aircraft Industries Mandatory Service 
Bulletin MSB 62-028, Rev. 1, dated July 6, 2021.
    (2) As of the effective date of this AD, do not install an 
affected baggage net on any airplane.

(i) Alternative Methods of Compliance (AMOCs)

    The Manager, International Validation Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the International Validation Branch, mail 
it to the address identified in paragraph (j)(2) of this AD or email 
to: [email protected]. If mailing information, also submit 
information by email. Before using any approved AMOC, notify your 
appropriate principal inspector, or lacking a principal inspector, 
the manager of the local flight standards district office/
certificate holding district office.

(j) Additional Information

    (1) Refer to Transport Canada AD CF-2021-24, dated July 21, 
2021, for related information. This Transport Canada AD may be found 
in the AD docket at regulations.gov under Docket No. FAA-2023-1812.
    (2) For more information about this AD, contact Chirayu Gupta, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: (516) 228-7300; email: 
[email protected].

(k) 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.
    (i) Diamond Aircraft Industries Mandatory Service Bulletin MSB 
62-028, Rev. 1, dated July 6, 2021.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact 
Diamond Aircraft Industries Inc., Att: Thit Tun, 1560 Crumlin Road, 
London, N5V 1S2, Canada; phone: (519) 457-4000; email: 
diamondaircraft.com">t.tun@diamondaircraft.com; website: diamondaircraft.com.
    (4) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 901 
Locust, Kansas City, MO 64106. For information on

[[Page 60409]]

the availability of this material at the FAA, call (817) 222-5110.
    (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: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on August 28, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-18827 Filed 8-31-23; 8:45 am]
BILLING CODE 4910-13-P