[Federal Register Volume 88, Number 240 (Friday, December 15, 2023)]
[Rules and Regulations]
[Pages 86819-86821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27523]


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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; 
Amendment 39-22602; AD 2023-22-18]
RIN 2120-AA64


Airworthiness Directives; Diamond Aircraft Industries Inc. 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Diamond Aircraft Industries Inc. Model DA 62 airplanes. This 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 AD requires identifying and replacing the 
affected part. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective January 19, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 19, 
2024.

ADDRESSES: 
    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 final rule, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For service information identified in this final rule, 
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. It is also available at 
regulations.gov under Docket No. FAA-2023-1812.

FOR FURTHER INFORMATION CONTACT: Fatin Saumik, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
phone: (516) 228-7350; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to all Diamond Aircraft 
Industries Inc. Model DA 62 airplanes. The NPRM published in the 
Federal Register on September 1, 2023 (88 FR 60406). The NPRM was 
prompted by AD CF-2021-24, dated July 21, 2021 (also referred to as the 
MCAI), issued by Transport Canada, which is the aviation authority for 
Canada. The MCAI states Diamond Aircraft Industries Inc. received 
reports of defective buckles installed on the baggage nets on DA 40 NG 
and DA 62

[[Page 86820]]

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 AD 
requires these same actions on the Diamond Aircraft Industries Inc. 
Model DA 62 airplanes.
    In the NPRM, the FAA proposed to require identifying and replacing 
affected baggage nets. The FAA is issuing 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.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the costs.

Conclusion

    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 referenced above. The FAA reviewed the relevant data and 
determined that air safety requires adopting this AD as proposed. 
Accordingly, the FAA is issuing this AD to address the unsafe condition 
on these products. This AD is adopted as proposed in the NPRM.

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.

Differences Between This 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 AD only applies 
to Diamond Aircraft Industries Inc. Model DA 62 airplanes and does 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 AD does 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 affects 81 airplanes of U.S. 
registry.
    The FAA estimates the following costs to comply with this AD:

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

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

List of Subjects in 14 CFR Part 39

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

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:


[[Page 86821]]


    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:

2023-22-18 Diamond Aircraft Industries Inc: Amendment 39-22602; 
Docket No. FAA-2023-1812; Project Identifier MCAI-2023-00726-A.

(a) Effective Date

    This airworthiness directive (AD) is effective January 19, 2024.

(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 the introductory text of 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 Fatin Saumik, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: (516) 228-7350; email: 
[email protected].

(k) 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 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 the availability 
of this material at the FAA, call (817) 222-5110.
    (5) You may view this material at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on November 3, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-27523 Filed 12-14-23; 8:45 am]
BILLING CODE 4910-13-P