[Federal Register Volume 78, Number 180 (Tuesday, September 17, 2013)]
[Proposed Rules]
[Pages 57104-57105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22570]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2013-0812; Directorate Identifier 2013-CE-023-AD]
RIN 2120-AA64
Airworthiness Directives; Diamond Aircraft Industries 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
Diamond Aircraft Industries Model DA 40 and DA 40 F Airplanes. 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 fatigue strength found in the
aft main spar does not ensure unlimited lifetime structural integrity.
We are issuing this proposed AD to require actions to address the
unsafe condition on these products.
DATES: We must receive comments on this proposed AD by November 1,
2013.
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-Str.5, A-2700 Wiener
Neustadt, Austria; telephone: +43 2622 26700; fax: +43 2622 26780;
email: [email protected]; Internet: http://www.diamondaircraft.com/contact/technical.php. 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; email:
[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-2013-0812;
Directorate Identifier 2013-CE-023-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://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.: 2013-0145, dated July 15, 2013 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:
Structural fatigue testing of the DA 40 aeroplane carried out
for an extension of the Major Structural Inspection (MSI) interval
has shown that the fatigue strength of the aft main spar in the
cabin area does not ensure unlimited lifetime.
This condition, if not corrected, could adversely affect the
structural integrity of the aeroplane.
Diamond Aircraft Industries (DAI) issued Mandatory Service
Bulletin (MSB) 40-074/MSB D4-094/MSB F4-028, including Work
Instruction (WI) WI-MSB 40-074/WI-MSB D4-094/WI-MSB F4-028
(published as a single document), providing instructions to
reinforce the aft main spar in the cabin area.
For the reasons described above, this AD requires modification
of the aft main spar in the cabin area.
Note: Aeroplanes with modified aft main spar are eligible for
an increased MSI threshold of 6000 flight hours (FH) since first
flight of the aeroplane and increased MSI intervals not to exceed
4000 FH thereafter.
You may obtain further information by examining the MCAI in the AD
docket.
Relevant Service Information
Diamond Aircraft Industries GmbH has issued Mandatory Service
Bulletin MSB 40-074, MSB D4-094, and MSB F4-028 (co-published as a
single document), dated May 10, 2013; and Diamond Aircraft Industries
GmbH Work Instructions WI-MSB 40-074, WI-MSB D4-094, and WI-MSB F4-028,
(co-published as a single document), dated May 10, 2013. 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.
Costs of Compliance
We estimate that this proposed AD will affect 747 products of U.S.
registry. We also estimate that it would take about 6 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 $100 per product.
Based on these figures, we estimate the cost of the proposed AD on
U.S.
[[Page 57105]]
operators to be $455,670, or $610 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 proposed 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),
(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.
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
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:
Diamond Aircraft Industries: Docket No. FAA-2013-0812; Directorate
Identifier 2013-CE-023-AD.
(a) Comments Due Date
We must receive comments by November 1, 2013.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Diamond Aircraft Industries Model DA 40
airplanes, serial numbers 40.006 through 40.009, 40.011 through
40.1071, and 40.1073 through 40.1077; and Model DA 40 F airplanes,
serial numbers 40.FC001 through 40.FC029; certificated in any
category.
(d) Subject
Air Transport Association of America (ATA) Code 57: Wings.
(e) Reason
This AD was prompted 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 fatigue strength
found in the aft main spar does not ensure unlimited lifetime
structural integrity. We are issuing this proposed AD to modify the
aft main spar in the cabin area to ensure the structural integrity
of the airplane.
(f) Actions and Compliance
Unless already done, at or before the next Major Structural
Inspection (MSI) after the effective date of this AD or within the
next 114 months after the effective date of this AD, whichever
occurs first, modify the aft main spar in the cabin area following
the INSTRUCTIONS section of Diamond Aircraft Industries GmbH Work
Instructions WI-MSB 40-074, WI-MSB D4-094, and WI-MSB F4-028 (co-
published as a single document), dated May 10, 2013, as specified in
Diamond Aircraft Industries GmbH Mandatory Service Bulletins (MSB)
40-074, D4-094, and F4-028 (co-published as a single document),
dated May 10, 2013.
(g) Other FAA AD Provisions
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; email:
[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.
(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.
(h) Related Information
Refer to MCAI European Aviation Safety Agency (EASA), which is
the Technical Agent for the Member States of the European Community,
EASA AD No.: 2013-0145, dated July 15, 2013, for more information.
You may examine the AD on the Internet at http://www.regulations.gov
by searching and locating it in Docket No. FAA-2013-0812. For
service information related to this AD, contact Diamond Aircraft
Industries GmbH, N.A. Otto-Str.5, A-2700 Wiener Neustadt, Austria;
telephone: +43 2622 26700; fax: +43 2622 26780; email:
[email protected]; Internet: http://www.diamondaircraft.com/contact/technical.php. 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 September 11, 2013.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2013-22570 Filed 9-16-13; 8:45 am]
BILLING CODE 4910-13-P