[Federal Register: February 13, 2009 (Volume 74, Number 29)]
[Proposed Rules]
[Page 7196-7198]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13fe09-10]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0125; Directorate Identifier 2009-CE-002-AD]
RIN 2120-AA64
Airworthiness Directives; Diamond Aircraft Industries GmbH Models
DA 40 and DA 40F Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from 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:
A number of wings manufactured by Diamond Aircraft Industries
Inc. in Canada have been found to exhibit voids in the adhesive
joint between the main spar caps and the upper wing skins. The
available information indicates that wings with voids continue to
meet the certification design limits, provided the voids are within
established criteria. However, to detect any wings that may have
voids exceeding these criteria, Diamond has issued Mandatory Service
Bulletin MSB-40-060 and MSB-F4-016 (single document) that describes
instructions for inspection of the aircraft that had these wings
installed during manufacture. Aircraft that have voids within the
inspection criteria may continue to operate without restriction,
pending the outcome of ongoing investigations. Aircraft that have
voids exceeding the inspection criteria must be repaired.
The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.
DATES: We must receive comments on this proposed AD by March 16, 2009.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://
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.
Examining the AD Docket
You may examine the AD docket on the Internet at http://
www.regulations.gov; 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 this proposed AD, 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.
FOR FURTHER INFORMATION CONTACT: Sarjapur Nagarajan, Aerospace
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas
City, Missouri 64106; telephone: (816) 329-4145; fax: (816) 329-4090.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0125;
Directorate Identifier 2009-CE-002-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
AD No.: 2008-0224, dated December 16, 2008 (referred to after this as
``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:
A number of wings manufactured by Diamond Aircraft Industries
Inc. in Canada have been found to exhibit voids in the adhesive
joint between the main spar caps and the upper wing skins. The
available information indicates that wings with voids continue to
meet the certification design limits, provided the voids are within
established criteria. However, to detect any wings that may have
voids exceeding these criteria, Diamond has issued Mandatory Service
Bulletin MSB-40-060 and MSB-F4-016 (single document) that describes
instructions for inspection of the aircraft that had these wings
installed during manufacture. Aircraft that have voids within the
inspection criteria may continue to operate without restriction,
pending the outcome of ongoing investigations. Aircraft that have
voids exceeding the inspection criteria must be repaired.
For the reasons described above, this EASA AD requires the
inspection of the affected aircraft to measure the voids in the
adhesive joint between the main spar caps and the upper wing skin,
the reporting of all findings to Diamond Aircraft Industries and the
repair of any voids exceeding the criteria as specified in the MSB.
Relevant Service Information
Diamond Aircraft Industries GmbH has issued Mandatory Service
Bulletins No. MSB-40-060 and No. MSB-F4-016 (single document), dated
October 20, 2008. The actions described in this service information are
intended to correct the unsafe condition identified in the MCAI.
FAA's Determination and Requirements of the Proposed 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, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are proposing this AD because
we evaluated all information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.
Differences Between This Proposed AD and the MCAI or Service
Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
[[Page 7197]]
We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a Note within the proposed AD.
Costs of Compliance
We estimate that this proposed AD will affect 649 products of U.S.
registry. We also estimate that it would take about 2 work-hours per
product to comply with the basic requirements of this proposed AD. The
average labor rate is $80 per work-hour.
Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $103,840, or $160 per product.
Because a permanent resolution to this action has not yet been
determined, we have no way of determining the cost of any necessary
repairs or parts that may be required as a result of any proposed
inspection.
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.
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 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. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); 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.
We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.
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
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]
2. The FAA amends Sec. 39.13 by adding the following new AD:
Diamond Aircraft Industries GmbH: Docket No. FAA-2009-0125;
Directorate Identifier 2009-CE-002-AD.
Comments Due Date
(a) We must receive comments by March 16, 2009.
Affected ADs
(b) None.
Applicability
(c) This AD applies to the following model and serial number
airplanes, certificated in any category: DA 40 airplanes serial
numbers 40.377, 40.420, 40.422, 40.644 through 40.693, 40.695
through 40.842, 40.844, 40.846 through 40.887, 40.889 through
40.912, 40.915 through 40.917, 40.919 through 40.929, 40.931,
40.932, 40.934 through 40.940, 40.944 through 40.949, 40.951 through
40.953, 40.955 through 40.957, 40.961, 40.964, and 40.971; and DA
40F airplanes, serial numbers 40.FC007 through 40.FC029.
Subject
(d) Air Transport Association of America (ATA) Code 57: Wings.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
A number of wings manufactured by Diamond Aircraft Industries
Inc. in Canada have been found to exhibit voids in the adhesive
joint between the main spar caps and the upper wing skins. The
available information indicates that wings with voids continue to
meet the certification design limits, provided the voids are within
established criteria. However, to detect any wings that may have
voids exceeding these criteria, Diamond has issued Mandatory Service
Bulletin MSB-40-060 and MSB-F4-016 (single document) that describes
instructions for inspection of the aircraft that had these wings
installed during manufacture. Aircraft that have voids within the
inspection criteria may continue to operate without restriction,
pending the outcome of ongoing investigations. Aircraft that have
voids exceeding the inspection criteria must be repaired.
For the reasons described above, this EASA AD requires the
inspection of the affected aircraft to measure the voids in the
adhesive joint between the main spar caps and the upper wing skin,
the reporting of all findings to Diamond Aircraft industries and the
repair of any voids exceeding the criteria as specified in the MSB.
Actions and Compliance
(f) Unless already done, do the following actions following
Diamond Aircraft Industries GmbH Mandatory Service Bulletins No.
MSB-40-060 and No. MSB-F4-016 (single document), dated October 20,
2008:
(1) Within the next 100 hours time-in-service (TIS) after the
effective date of this AD or within the next 3 months after the
effective date of this AD, whichever occurs first, inspect the
adhesive joint between the wing main spar caps and the upper wing
skin for adhesive voids.
(2) Within the next 30 days after the inspection required in
paragraph (f)(1) of this AD or within 30 days after the effective
date of this AD, whichever occurs later, report the results to
Diamond Aircraft Industries following the instructions in Diamond
Aircraft Industries GmbH Mandatory Service Bulletins No. MSB-40-060
and No. MSB-F4-016 (single document), dated October 20, 2008.
(3) If, as a result of the inspection required by paragraph
(f)(1) of this AD, an adhesive void is found that exceeds the
criteria specified in the service information, before further
flight, contact Diamond Aircraft Industries at Diamond Aircraft
Industries GmbH, N.A. Otto-Stra[beta]e 5, A-2700 Wiener Neustadt;
telephone: +43 2622 26700; fax: +43 2622 26780; email:
office@diamond-air.at, for approved repair instructions and
accomplish the repair accordingly.
FAA AD Differences
Note: This AD differs from the MCAI and/or service information
as follows: No differences.
Other FAA AD Provisions
(g) 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: Sarjapur Nagarajan, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329-4145; fax: (816) 329-4090.
Before using any approved AMOC on any airplane to which the AMOC
applies,
[[Page 7198]]
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.
(3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.
Related Information
(h) Refer to MCAI European Aviation Safety Agency (EASA) AD No.:
2008-0224, dated December 16, 2008; and Diamond Aircraft Industries
GmbH Mandatory Service Bulletins No. MSB-40-060 and No. MSB-F4-016
(single document), dated October 20, 2008, for related information.
Issued in Kansas City, Missouri, on February 6, 2009.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E9-3117 Filed 2-12-09; 8:45 am]
BILLING CODE 4910-13-P