[Federal Register Volume 76, Number 93 (Friday, May 13, 2011)]
[Rules and Regulations]
[Pages 27861-27863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11267]
[[Page 27861]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2011-0185; Directorate Identifier 2011-CE-002-AD;
Amendment 39-16694; AD 2011-10-13]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) issued 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.
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective June 17, 2011.
On June 17, 2011, the Director of the Federal Register approved the
incorporation by reference of certain publications listed in this AD.
ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at 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 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.
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 AD that would apply to the specified products.
That NPRM was published in the Federal Register on March 8, 2011 (76 FR
12627). That NPRM proposed 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.
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 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 AD address the unsafe
condition on Models DA 42, DA 42-NG, and DA 42 M-NG airplanes.
Comments
We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.
Conclusion
We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed.
[[Page 27862]]
Differences Between This 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 required 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 AD.
Costs of Compliance
We estimate that this AD will affect 162 products of U.S. registry.
We also estimate that it will take about 2 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts will cost about $71 per product.
Based on these figures, we estimate the cost of this 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 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 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); 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 AD and placed it in the AD Docket.
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 the NPRM, 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of 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 AD:
2011-10-13 Diamond Aircraft Industries GmbH: Amendment 39-16694;
Docket No. FAA-2011-0185; Directorate Identifier 2011-CE-002-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective June 17,
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.
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 addition, 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 June 17, 2011 (the effective date of
this AD), incorporate Diamond Aircraft Temporary Revision TR-MAM 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-MAM 42-443, Cover Page, dated June 17, 2010.
(2) Within 6 months after June 17, 2011 (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 June 17, 2011 (the effective date of
this AD), do not install a part
[[Page 27863]]
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. 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-MAM
42-443, pages 3-55a and 3-55b, dated June 17, 2010, for related
information.
Material Incorporated by Reference
(i) You must use 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-MAM 42-443, pages 3-55a and 3-55b, dated June
17, 2010, to do the actions required by this AD, unless the AD
specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information 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 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.
(4) You may also review copies of the service information
incorporated by reference for this AD at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, 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 May 3, 2011.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2011-11267 Filed 5-12-11; 8:45 am]
BILLING CODE 4910-13-P