[Federal Register Volume 75, Number 164 (Wednesday, August 25, 2010)]
[Proposed Rules]
[Pages 52292-52294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21068]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0845; Directorate Identifier 2010-CE-044-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).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Diamond Aircraft Industries GmbH Models DA 40 and DA 40F airplanes.
This proposed AD would change the emergency open doors procedure by
incorporation of a temporary revision into the FAA-approved airplane
flight manual for all airplanes. This proposed AD would also require
replacement of the passenger door retaining bracket with an improved
design retaining bracket for certain airplanes. This proposed AD
results from several reports of the rear passenger door departing the
airplane in flight. We are proposing this AD to change the emergency
open doors procedure and retrofit the rear passenger door retaining
bracket, which if not corrected could result in the rear passenger door
departing the airplane in flight.
DATES: We must receive comments on this proposed AD by October 12,
2010.
ADDRESSES: Use one of the following addresses to comment on this
proposed AD:
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.
For service information identified in this proposed AD, contact
Diamond Aircraft Industries GmbH, N.A. Otto-Stra[szlig]e 5, A-2700
Wiener Neustadt, Austria, telephone: +43 2622 26700; fax: +43 2622
26780; e-mail: [email protected]; Internet: http://www.diamond-air.at.
FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone: (816) 329-4144; fax: (816) 329-4090; e-mail:
[email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include the docket number, ``FAA-
2010-0845; Directorate Identifier 2010-CE-044-AD'' at the beginning of
your comments. We specifically invite comments on the overall
regulatory, economic, environmental, and energy aspects of the proposed
AD. We will consider all comments received by the closing date and may
amend the proposed AD in light 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
[[Page 52293]]
substantive verbal contact we receive concerning this proposed AD.
Discussion
We have received information from Diamond Aircraft Industries GmbH
that the Models DA 40 and DA 40F airplanes have had an estimated 31
rear passenger doors depart the airplane while in flight. They also
estimate an additional 18 doors have been replaced because of damage to
the hinge, primarily due to wind gust conditions while the airplane is
parked. Diamond Aircraft Industries GmbH conducted a structural test to
determine the root cause of the door opening in flight. The test
concluded that the locking mechanism provided adequate strength to
react the loads in flight. They determined that the root cause was the
crew not properly securing the rear passenger door prior to flight.
Models DA 40 and DA 40F airplanes do have a secondary safety latch
design feature. The initial intended design function of this latch was
to hold the rear passenger door in the ``near closed'' position while
on the ground, protecting the door from wind gusts. However, the
original retainer bracket might not hold the door in this ``near
closed'' position while in flight. Diamond Aircraft Industries GmbH has
designed an improved retainer bracket to prevent the passenger rear
door fully opening in flight. In addition, they have revised the
emergency door open procedure.
This condition, if not corrected, could result in the rear
passenger door departing the airplane in flight.
Relevant Service Information
We have reviewed Diamond Aircraft Industries GmbH Mandatory Service
Bulletin NO. MSB 40-070/NO. MSB D4-079/NO. MSB F4-024, dated April 30,
2010; and Diamond Aircraft Industries GmbH Work Instruction WI-MSB 40-
070/WI-MSB D4-079/WI-MSB F4-024, dated April 30, 2010.
The service information describes procedures for replacement of the
passenger door retaining bracket with an improved design retaining
bracket.
FAA's Determination and Requirements of the Proposed AD
We are proposing this AD because we evaluated all information and
determined the unsafe condition described previously is likely to exist
or develop on other products of the same type design. This proposed AD
would require a retrofit of the rear passenger door retaining bracket
for certain airplanes. This proposed AD would also change the emergency
open doors procedure by incorporation of a temporary revision into the
FAA-approved airplane flight manual for all airplanes.
Costs of Compliance
We estimate that this proposed AD would affect 699 airplanes in the
U.S. registry.
We estimate the following costs to do the proposed revision to the
airplane flight manual:
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Total cost on
Labor cost Parts cost Total cost U.S.
per airplane operators
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.5 work-hour x $85 per hour = $42.50.......... Not Applicable.................. $42.50 $29,707.50
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We estimate the following costs to do the proposed retrofit of the
passenger door retaining bracket. We estimate that this would affect
428 airplanes in the U.S. registry:
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Total cost on
Labor cost Parts cost Total cost U.S.
per airplane operators
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2 work-hours x $85 per hour = $170.00........................... $75.00 $245.00 $104,860.00
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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.
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 have 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 that the 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.
Examining the AD Docket
You may examine the AD docket that contains the proposed AD, the
regulatory evaluation, any comments received, and other information 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 Docket Office (telephone (800) 647-5527)
is located at the street address stated in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.
[[Page 52294]]
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-2010-0845;
Directorate Identifier 2010-CE-044-AD.
Comments Due Date
(a) We must receive comments on this airworthiness directive
(AD) action by October 12, 2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Diamond Aircraft Industries GmbH Models
DA 40 and DA 40F airplanes, all serial numbers (S/N), that are
certificated in any category.
Subject
(d) Air Transport Association of America (ATA) Code 52: Doors.
Unsafe Condition
(e) This AD results from several reports of the rear passenger
door departing the airplane in flight. We are proposing this AD to
change the emergency open doors procedure and retrofit the rear
passenger door retaining bracket, which if not corrected could
result in the rear passenger door departing the airplane in flight.
Compliance
(f) To address this problem, you must do the following, unless
already done:
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Actions Compliance Procedures
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(1) For all serial numbers: Within 6 months Follow Diamond
Incorporate Diamond after the effective Aircraft Temporary
Aircraft Temporary Revision date of this AD. Revision TR-
TR-M[Auml]M 40-428, page 3- M[Auml]M 40-428,
37b, dated April 30, 2010, Cover Page, dated
into the FAA-approved April 30, 2010.
airplane flight manual.
(2) For Model DA 40, S/N Within 6 months Follow Diamond
40.006 through 40.009, after the effective Aircraft Industries
40.011 through 40.081, date of this AD. GmbH Mandatory
40.084, and 40.201 through Service Bulletin
40.749; and Model DA 40F S/ NO. MSB 40-070/NO.
N 40.FC001 through MSB D4-079/NO. MSB
40.FC009: Replace the rear F4-024, dated April
passenger door retaining 30, 2010; and
bracket with an improved Diamond Aircraft
design retaining bracket. Industries GmbH
Work Instruction WI-
MSB 40-070/WI-MSB
D4-079/WI-MSB F4-
024, dated April
30, 2010.
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Alternative Methods of Compliance (AMOCs)
(g) The Manager, Small Airplane Directorate, 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: Mike
Kiesov, Aerospace Engineer, FAA, Small Airplane Directorate, 901
Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-
4144; fax: (816) 329-4090; e-mail: [email protected]. Before using
any approved AMOC on any airplane to which the AMOC applies, notify
your appropriate principal inspector (PI) in the FAA Flight
Standards District Office (FSDO), or lacking a PI, your local FSDO.
Related Information
(h) To get copies of the service information referenced in this
AD, contact Diamond Aircraft Industries GmbH, N.A. Otto-Stra[szlig]e
5, A-2700 Wiener Neustadt, Austria, telephone: +43 2622 26700; fax:
+43 2622 26780; e-mail: [email protected]; Internet: http://www.diamond-air.at. To view the AD docket, go to U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, or
on the Internet at http://www.regulations.gov.
Issued in Kansas City, Missouri, on August 18, 2010.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-21068 Filed 8-24-10; 8:45 am]
BILLING CODE 4910-13-P