[Federal Register Volume 89, Number 69 (Tuesday, April 9, 2024)]
[Rules and Regulations]
[Pages 24684-24686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07441]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-0991; Project Identifier MCAI-2024-00051-A; 
Amendment 39-22724; AD 2024-07-03]
RIN 2120-AA64


Airworthiness Directives; Diamond Aircraft Industries Inc. 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Diamond Aircraft Industries Inc. Model DA 62 airplanes. This AD 
was prompted by a report that certain revisions of the airplane 
maintenance manual (AMM) specified incorrect torque values for the 
horizontal stabilizer attachment bolts. This AD requires reviewing the 
airplane maintenance records to determine the torque values for the 
horizontal stabilizer attachment bolts and torquing the horizontal 
stabilizer attachment bolts to the correct torque value if necessary. 
The FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective April 24, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 24, 
2024.
    The FAA must receive comments on this AD by May 24, 2024.

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-2024-0991; 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 
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For service information contact Diamond Aircraft 
Industries Inc., 1560 Crumlin Road, London, N5V 1S2, Canada; phone: 
(519) 457-4041; email: diamondaircraft.com">support-canada@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-2024-0991.

FOR FURTHER INFORMATION CONTACT: Isabel Saltzman, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
phone: (781) 238-7649; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2024-0991; Project Identifier MCAI-
2024-00051-A'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, 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 final rule 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 final rule.

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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Isabel 
Saltzman, 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-2024-02, dated January 12, 2024 (also 
referred to as the MCAI), to correct an unsafe condition on Diamond 
Aircraft Industries Inc. Model DA 62 airplanes, serial numbers 62.C001 
through 62.C044 and 62.008 through 62.203. The MCAI states that the DA 
62 AMM initially

[[Page 24685]]

specified standard torque values for the horizontal stabilizer 
attachment bolts but these attachment bolts were designed to require a 
higher torque value and the AMM was updated to include the correct 
torque value. During the time the DA 62 AMM specified the lower, 
incorrect torque value, there could have been occurrences where the 
removal of the horizontal stabilizer attachment bolts was required, and 
the lower torque value was used for the installation of the horizontal 
stabilizer attachment bolts.
    The FAA is issuing this AD to address incorrect torque values for 
the horizontal stabilizer attachment bolts. The unsafe condition, if 
not addressed, could result in premature wearing of the horizontal 
stabilizer attachment bolts, loss of structural integrity of the 
horizontal stabilizer, subsequent separation of the horizontal 
stabilizer from the fuselage, and loss of control of the airplane.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2024-0991.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Diamond Aircraft Industries Work Instruction WI-
MSB-62-052, Revision 0, dated September 18, 2023, attached to Diamond 
Aircraft Industries Mandatory Service Bulletin MSB 62-052, Revision 0, 
dated September 18, 2023 (issued as one document), which specifies 
procedures for reviewing the aircraft technical records to determine if 
the horizontal stabilizer bolts were last torqued to 45 newton meters 
(Nm) and torquing the horizontal stabilizer attachment bolts to 45 Nm.
    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 AD after determining that the unsafe condition described 
previously is likely to exist or develop on other products of the same 
type design.

AD Requirements

    This AD requires reviewing the airplane maintenance records to 
determine the torque values for the horizontal stabilizer attachment 
bolts and torquing the horizontal stabilizer attachment bolts to 45 Nm 
if necessary.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies forgoing notice and comment prior to adoption of this rule 
because horizontal stabilizer bolts, if not torqued to the correct 
value, could result in premature wearing of the horizontal stabilizer 
attachment bolts, loss of structural integrity of the horizontal 
stabilizer, subsequent separation of the horizontal stabilizer from the 
fuselage, and loss of control of the airplane. Additionally, the 
corrective action must be accomplished before further flight. 
Accordingly, notice and opportunity for prior public comment are 
impracticable and contrary to the public interest pursuant to 5 U.S.C. 
553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days, 
for the same reasons the FAA found good cause to forgo notice and 
comment.

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 prior notice and 
comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 86 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
----------------------------------------------------------------------------------------------------------------
Review airplane maintenance records.  1 work-hour x $85 per                $0              $85           $7,310
                                       hour = $85.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition action that would be required based on the results of the 
records review. The FAA has no way of determining the number of 
aircraft that might need this on-condition action:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Torque attachment bolts......................  1 work-hour x $85 per hour =                 $0              $85
                                                $85.
----------------------------------------------------------------------------------------------------------------


[[Page 24686]]

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, 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.

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:

2024-07-03 Diamond Aircraft Industries Inc.: Amendment 39-22724; 
Docket No. FAA-2024-0991; Project Identifier MCAI-2024-00051-A.

(a) Effective Date

    This airworthiness directive (AD) is effective April 24, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Diamond Aircraft Industries Inc. Model DA 62 
airplanes, serial numbers 62.C001 through 62.C044 inclusive and 
62.008 through 62.203 inclusive, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 5510, Horizontal 
Stabilizer Structure.

(e) Unsafe Condition

    This AD was prompted by a report that certain revisions of the 
airplane maintenance manual specified incorrect torque values for 
the horizontal stabilizer attachment bolts. The FAA is issuing this 
AD to address incorrect torque values for the horizontal stabilizer 
attachment bolts. The unsafe condition, if not addressed, could 
result in premature wearing of the horizontal stabilizer attachment 
bolts, loss of structural integrity of the horizontal stabilizer, 
subsequent separation of the horizontal stabilizer from the 
fuselage, and loss of control of the airplane.

(f) Compliance

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

(g) Required Actions

    Within 30 days or 30 hours time-in-service after the effective 
date of this AD, whichever occurs later, review the airplane 
maintenance records to determine if the horizontal stabilizer 
attachment bolts were last torqued to 45 newton meter (Nm) and if 
the torque value is not 45 Nm, or if the value cannot be determined, 
before further flight, torque the bolts to 45 Nm, in accordance with 
steps 3 through 6 of the Instructions, Section III, in Diamond 
Aircraft Industries Work Instruction WI-MSB-62-052, Revision 0, 
dated September 18, 2023, attached to Diamond Aircraft Industries 
Mandatory Service Bulletin MSB 62-052, Revision 0, dated September 
18, 2023 (issued as one document).

(h) 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, send 
it to the attention of the person identified in paragraph (i)(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 responsible Flight 
Standards Office.

(i) Additional Information

    (1) Refer to Transport Canada AD CF-2024-02, dated January 12, 
2024, for related information. This Transport Canada AD may be found 
in the AD docket at regulations.gov under Docket No. FAA-2024-0991.
    (2) For more information about this AD, contact Isabel Saltzman, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: (781) 238-7649; email: 
[email protected].

(j) 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 Work Instruction WI-MSB-62-052, 
Revision 0, dated September 18, 2023, attached to Diamond Aircraft 
Industries Mandatory Service Bulletin MSB 62-052, Revision 0, dated 
September 18, 2023 (issued as one document).
    (ii) [Reserved]
    (3) For service information contact Diamond Aircraft Industries 
Inc., 1560 Crumlin Road, London, N5V 1S2, Canada; phone: (519) 457-
4041; email: diamondaircraft.com">support-canada@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 March 27, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-07441 Filed 4-4-24; 11:15 am]
BILLING CODE 4910-13-P