[Federal Register Volume 75, Number 234 (Tuesday, December 7, 2010)]
[Rules and Regulations]
[Pages 75868-75870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30199]
[[Page 75868]]
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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;
Amendment 39-16534; AD 2010-25-01]
RIN 2120-AA64
Airworthiness Directives; Diamond Aircraft Industries GmbH Models
DA 40 and DA 40F Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD requires changing the emergency open
doors procedure by incorporation of a temporary revision into the FAA-
approved airplane flight manual (AFM) for all airplanes. This AD also
requires replacement of the passenger door retaining bracket with an
improved design retaining bracket for certain airplanes. This AD was
prompted by several reports of the rear passenger door departing the
airplane in flight. We are issuing 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: This AD is effective January 11, 2011.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of January 11,
2011.
ADDRESSES: For service information identified 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. You may review copies of the referenced service information at
the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri
64106. For information on the availability of this material at the FAA,
call 816-329-4148.
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 AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (phone: 800-647-5527) is Document Management Facility,
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
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:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness directive (AD) that would apply to
the specified products. That NPRM published in the Federal Register on
August 25, 2010 (75 FR 52292). That NPRM proposed to require a retrofit
of the rear passenger door retaining bracket for certain airplanes. The
NPRM also proposed to change the emergency open doors procedure by
incorporation of a temporary revision into the FAA-approved AFM for all
airplanes.
Comments
We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
and the FAA's response to each comment.
Request To Shorten the Compliance Time
Robert Hasiak fully supported this AD action and stated that a door
falling out of the sky over the general public is a safety hazard and
that the sooner this is fixed, the safer we will be. We infer that the
commenter wants us to shorten the compliance time from the proposed 6
months.
The FAA does not agree that 6 months is an unreasonable compliance
time to address this situation. This 6-month compliance time is
consistent with the service bulletin in that the time for compliance
closely coincides with June 11, 2011 (the compliance time in the
service bulletin). It also coincides with the appropriate risk level
the FAA, the Austro Control Group (ACG), and European Aviation Safety
Agency (EASA) agreed with. The FAA has determined that the actions of
this AD and the compliance time address the unsafe condition in the
interim until further analysis is done by Diamond Aircraft Industries
GmbH (Diamond), EASA, and the FAA. We are not changing the AD based on
this comment.
Request To Revise the Airplane Flight Manual Procedures
David Wood stated that the door departure while the aircraft is in
flight happens when someone realizes the door is only being retained by
the safety latch and then tries to close the door completely. This
causes the safety latch to disengage and the door to depart the
aircraft. The commenter suggests the following: ``DO NOT TRY TO CLOSE
THE DOOR ON TAKEOFF ROLL, CLIMB, CRUISE, DESCENT, OR UNTIL VERY SLOW
LANDING ROLL.'' We infer that he wants the language added to the
emergency open doors procedure in the AFM.
We agree with the commenter's assessment of the unsafe condition
and the need to revise the emergency open doors procedure. However, we
disagree on the suggested language. Diamond has issued Temporary
Revision TR-M[Auml]M 40-428, dated April 30, 2010. This revision
changes the emergency open doors procedure to ``Land at the next
suitable airfield'' when it is determined the rear door is unlocked.
The revision also adds a warning to not attempt to lock the rear door
in flight. The FAA has determined the action in this AD of adding the
temporary revision to the AFM addresses the unsafe condition. We are
not changing the AD based on this comment.
Request To Include the Model DA42
Villis Ositis of the Thielert Engine Owners Group commented that
the Model DA 42 has the same door design and the same unsafe condition.
He recommended that the AD also apply to the Model DA 42.
The FAA has discussed the potential of the rear door departing the
Model DA 42 aircraft in flight with ACG, EASA, and Diamond. The FAA has
determined the actions of this AD and the compliance time address the
unsafe condition in the interim for the Model DA 40. Further analysis
is being done for the Model DA 42. We may consider future rulemaking
action on the Model DA 42 based on that analysis. We are not changing
the AD based on this comment.
Request To Disconnect the Front Canopy Latch Sensor From the Door Open
Indicator
Villis Ositis of the Thielert Engine Owners Group commented that
the door open annunciation illuminates regardless whether it is the
front canopy or the rear door that is not latched. The commenter states
that since these aircraft do not have air conditioning it is common
practice to taxi with the
[[Page 75869]]
canopy in the partially open setting, illuminating the door open
annunciation. As a result, the pilot ignores the annunciation and is
unaware that the rear door might not be properly latched. The commenter
also states that passengers that have not been trained in the use of
the doors may not be able to identify an incorrect latch position.
To correct the problem, the commenter suggests the wiring be
modified to remove the front canopy latch sensor from the door open
annunciation. In this proposed configuration the door open annunciation
would only illuminate when the rear door was not properly latched and
alert the pilot to the unsafe condition.
The FAA does not agree nor disagree with the proposed comment.
Rather, the FAA is investigating this matter with ACG, EASA, and
Diamond.
Diamond is now planning a design and flight test review to
determine the overall safety issues with regard to this recommendation,
which could take a few months to complete.
In the interim, the FAA has determined that the actions of this AD
address the unsafe condition until further analysis is done. The FAA
may consider further rulemaking action based on the evaluation. We are
not changing the AD based on this comment.
Conclusion
We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD as proposed--except for minor editorial changes. We have
determined that these minor changes:
Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
Costs of Compliance
We estimate that this AD affects 699 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
Estimated Costs
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Revise the AFM (all airplanes). .5 work-hour x $85 per Not Applicable........ $42.50 $29,707.50
hour = $42.50.
Retrofit the passenger door 2 work-hours x $85 per $75.00................ 245.00 104,860.00
retaining bracket (428 hour = $170.00.
airplanes).
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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
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) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
(3) Will not affect intrastate aviation in Alaska, and
(4) 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.
Adoption of the Amendment
0
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 (AD):
2010-25-01 Diamond Aircraft Industries GmbH: Amendment 39-16534;
Docket No. FAA-2010-0845; Directorate Identifier 2010-CE-044-AD.
Effective Date
(a) This AD is effective January 11, 2011.
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) Joint Aircraft System Component (JASC)/Air Transport
Association (ATA) of America Code 52, Doors.
Unsafe Condition
(e) This AD was prompted by several reports of the rear
passenger door departing the airplane in flight. We are issuing 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) Comply with this AD within the compliance times specified,
unless already done.
[[Page 75870]]
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Actions Compliance Procedures
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(1) For all S/N: Incorporate Within 6 months Follow Diamond
Diamond Aircraft Temporary after January 11, Aircraft Temporary
Revision TR-M[Auml]M 40- 2011 (the effective Revision TR-
428, page 3-37b, dated date of this AD). M[Auml]M 40-428,
April 30, 2010, into the Cover Page, dated
FAA-approved airplane April 30, 2010.
flight manual.
(2) For Model DA 40, S/N Within 6 months Follow Diamond
40.006 through 40.009, after January 11, Aircraft Industries
40.011 through 40.081, 2011 (the effective GmbH Mandatory
40.084, and 40.201 through date of this AD). 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)(1) 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. 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 ACO, send it to the attention of the person
identified in the Related Information section of this AD.
(2) Before using any approved AMOC, notify your Principal
Maintenance Inspector or Principal Avionics Inspector, as
appropriate, or lacking a principal inspector, your local Flight
Standards District.
Related Information
(h) For more information about this AD, 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].
Material Incorporated by Reference
(i) You must use the service information contained in table 1 of
this AD to do the actions required by this AD, unless the AD
specifies otherwise.
Table 1--All Material Incorporated by Reference
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Document Revision Date
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Diamond Aircraft Temporary Revision TR- Not Applicable.............. April 30, 2010.
M[Auml]M 40-428, Cover Page and page 3-37b.
Diamond Aircraft Industries GmbH Mandatory Not Applicable.............. April 30, 2010.
Service Bulletin NO. MSB 40-070/NO. MSB D4-
079/NO. MSB F4-024.
Diamond Aircraft Industries GmbH Work 0........................... April 30, 2010.
Instruction WI-MSB 40-070/WI-MSB D4-079/WI-
MSB F4-024.
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(1) The Director of the Federal Register approved the
incorporation by reference of the service information contained in
table 1 of this AD under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified 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.
(3) You may review copies of the service information at the FAA,
Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106.
For information on the availability of this material at the FAA,
call 816-329-4148.
(4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at an NARA facility, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
Issued in Kansas City, Missouri, on November 23, 2010.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2010-30199 Filed 12-6-10; 8:45 am]
BILLING CODE 4910-13-P