[Federal Register Volume 76, Number 45 (Tuesday, March 8, 2011)]
[Proposed Rules]
[Pages 12627-12629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5176]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2011-0185; Directorate Identifier 2011-CE-002-AD]
RIN 2120-AA64
Airworthiness Directives; Diamond Aircraft Industries GmbH Models
DA 42, DA 42 NG, and DA 42 M-NG 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 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:
Since 2004, more than 30 reports have been received of in-flight
loss of a rear passenger door on Diamond aeroplanes, the majority of
which were DA 40. In additional, at least 18 doors have been
replaced because of damage found on the hinge.
Diamond Aircraft Industries conducted analyses and structural
tests to determine the root cause of the door opening in flight. The
conclusions were that the primary locking mechanism provided
adequate strength to react to the loads in flight. It was also
determined that the root cause was the crew not properly securing
the rear passenger door by the main locking mechanism, prior to
flight. Damage to the hinges has been caused primarily by external
loads (wind gust conditions) while the aeroplane was parked.
All DA 40 and DA 42 aeroplanes have a system installed that
provides a warning if the main door latch is not fully closed and a
secondary safety latch (with retaining bracket) design feature. The
initial intended design function of the 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 retaining
bracket Part Number (P/N) DA4-5200-00-69 might not hold the door in
this ``near closed'' position while in flight * * *.
This condition, if not corrected, could result in the rear
passenger door opening and departing the aeroplane in flight.
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 April 22, 2011.
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.
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. 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 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: 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 about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2011-0185;
Directorate Identifier 2011-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 AD
No. 2010-0235, dated November 10, 2010 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:
Since 2004, more than 30 reports have been received of in-flight
loss of a rear passenger door on Diamond aeroplanes, the majority of
which were DA 40. In additional, at least 18 doors have been
replaced because of damage found on the hinge.
Diamond Aircraft Industries conducted analyses and structural
tests to determine the root cause of the door opening in flight. The
conclusions were that the primary locking mechanism provided
adequate strength to react to the loads in flight. It was also
determined that the root cause was the crew not properly securing
the rear passenger door by the main locking mechanism, prior to
flight. Damage to the hinges has been caused primarily by external
loads (wind gust conditions) while the aeroplane was parked.
All DA 40 and DA 42 aeroplanes have a system installed that
provides a warning if the main door latch is not fully closed and a
secondary safety latch (with retaining bracket) design feature. The
initial intended design function of the 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 retaining
bracket Part Number (P/N) DA4-5200-00-69 might not hold the door in
this ``near closed'' position while in flight. To address this
problem, DAI have designed an improved retaining bracket, P/N DA4-
5200-00-69-SB, which has been satisfactory tested to hold the door
closed in flight. In addition, DAI have revised the Airplane Flight
Manual (AFM) emergency door unlocked/open procedure.
[[Page 12628]]
This condition, if not corrected, could result in the rear
passenger door opening and departing the aeroplane in flight.
For the reasons described above, this AD requires implementation
of amendment of the AFM procedures for flight with the door
unlocked/open, and replacement of the passenger door retaining
bracket with an improved part.
You may obtain further information by examining the MCAI in the AD
docket.
The MCAI covers Diamond Aircraft Industries GmbH Models DA 40 and
DA 40F, DA 42, DA 42 NG, and DA 42 M-NG airplanes. Before the FAA
received the MCAI, on November 23, 2010, we issued AD 2010-25-01,
Amendment 39-16534 (75 FR 75868, December 7, 2010), as a unilateral
action to address this unsafe condition on Models DA 40 and DA 40F
airplanes. Since AD 2010-25-01 already addresses this unsafe condition
on Models DA 40 and DA 40F airplanes, we are not including those models
in this proposed AD.
Before we issued AD 2010-25-01, we received a comment on the notice
of proposed rulemaking (NPRM) requesting that, due to common operating
practice of leaving the front canopy open during taxi operations, the
front canopy latch sensor be disconnected from the `door open'
annunciation. This would allow illumination only when the rear door was
not properly latched to alert the pilot to the unsafe condition. In
that NPRM, the FAA stated that further analysis was being done.
At this time, we believe the actions required in AD 2010-25-01
adequately address the unsafe condition on Models DA 40 and DA 40F
airplanes and the similar actions in this proposed AD addresses the
unsafe condition on Models DA 42, DA 42-NG, and DA 42 M-NG airplanes.
Relevant Service Information
Diamond Aircraft Industries GmbH has issued Mandatory Service
Bulletin No. MSB 42-083/No. MSB 42NG-014, dated July 13, 2010, and
Working Instruction WI-MSB-42-083/WI-MSB-42NG-014, dated July 13, 2010.
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.
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 162 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 $85 per work-hour. Required parts would cost
about $71 per product.
Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $39,042 or $241 per product.
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-2011-0185;
Directorate Identifier 2011-CE-002-AD.
Comments Due Date
(a) We must receive comments by April 22, 2011.
Affected ADs
(b) AD 2010-25-01 addresses this same condition on Diamond
Aircraft Industries GmbH Models DA 40 and DA 40F airplanes.
Applicability
(c) This AD applies to Diamond Aircraft Industries GmbH Models
DA 42, DA 42-NG, and DA 42 M-NG airplanes, all serial numbers,
certificated in any category.
Subject
(d) Air Transport Association of America (ATA) Code 52: Doors.
[[Page 12629]]
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
Since 2004, more than 30 reports have been received of in-flight
loss of a rear passenger door on Diamond aeroplanes, the majority of
which were DA 40. In additional, at least 18 doors have been
replaced because of damage found on the hinge.
Diamond Aircraft Industries conducted analyses and structural
tests to determine the root cause of the door opening in flight. The
conclusions were that the primary locking mechanism provided
adequate strength to react to the loads in flight. It was also
determined that the root cause was the crew not properly securing
the rear passenger door by the main locking mechanism, prior to
flight. Damage to the hinges has been caused primarily by external
loads (wind gust conditions) while the aeroplane was parked.
All DA 40 and DA 42 aeroplanes have a system installed that
provides a warning if the main door latch is not fully closed and a
secondary safety latch (with retaining bracket) design feature. The
initial intended design function of the 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 retaining
bracket Part Number (P/N) DA4-5200-00-69 might not hold the door in
this ``near closed'' position while in flight. To address this
problem, DAI have designed an improved retaining bracket, P/N DA4-
5200-00-69-SB, which has been satisfactory tested to hold the door
closed in flight. In addition, DAI have revised the Airplane Flight
Manual (AFM) emergency door unlocked/open procedure.
This condition, if not corrected, could result in the rear
passenger door opening and departing the aeroplane in flight.
For the reasons described above, this AD requires implementation
of amendment of the AFM procedures for flight with the door
unlocked/open, and replacement of the passenger door retaining
bracket with an improved part.
Actions and Compliance
(f) Unless already done, do the following actions:
(1) Within 6 months after the effective date of this AD,
incorporate Diamond Aircraft Temporary Revision TR-M[Auml]M 42-443,
pages 3-55a and 3-55b, dated June 17, 2010, into the FAA-approved
airplane flight manual following Diamond Aircraft Temporary Revision
TR-M[Auml]M 42-443, Cover Page, dated June 17, 2010.
(2) Within 6 months after the effective date of this AD, replace
the rear passenger door retaining bracket with an improved design
retaining bracket following Diamond Aircraft Industries GmbH
Mandatory Service Bulletin No. MSB 42-083/No. MSB 42NG-014, dated
July 13, 2010; and Diamond Aircraft Industries GmbH Work Instruction
WI-MSB 42-083/WI-MSB 42NG-014, dated July 13, 2010.
(3) As of 6 months after the effective date of this AD, do not
install a part number DA4-5200-00-69 rear passenger door retaining
bracket.
FAA AD Differences
Note: This AD differs from the MCAI and/or service information
as follows: On November 23, 2010, we issued AD 2010-25-01 as a
unilateral action to address this unsafe condition on Diamond
Aircraft Industries GmbH Models DA 40 and DA 40F airplanes.
Subsequently, the European Aviation Safety Agency (EASA) issued AD
2010-0235 to address the same unsafe condition on both DA 40 and DA
42 series airplanes. Since AD 2010-25-01 already addresses this
unsafe condition on Models DA 40 and DA 40F airplanes, we are not
including those models in this AD.
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: Mike Kiesov, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone: (816) 329-4144; fax: (816) 329-4090. 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.
(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, a Federal agency may not conduct or sponsor, and a person
is not required to respond to, nor shall a person be subject to a
penalty for failure to comply with a collection of information
subject to the requirements of the Paperwork Reduction Act unless
that collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave., SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.
Related Information
(h) Refer to MCAI EASA AD 2010-0235, dated November 10, 2010;
Diamond Aircraft Industries GmbH Mandatory Service Bulletin No. MSB
42-083/No. MSB 42NG-014, dated July 13, 2010; Diamond Aircraft
Industries GmbH Work Instruction WI-MSB 42-083/WI-MSB 42NG-014,
dated July 13, 2010; and Diamond Aircraft Temporary Revision TR-
M[Auml]M 42-443, pages 3-55a and 3-55b, dated June 17, 2010, for
related information. For service information related to 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.
Issued in Kansas City, Missouri, on March 2, 2011.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-5176 Filed 3-7-11; 8:45 am]
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