[Federal Register Volume 78, Number 232 (Tuesday, December 3, 2013)]
[Rules and Regulations]
[Pages 72568-72570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28746]
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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;
Amendment 39-17689; AD 2013-24-14]
RIN 2120-AA64
Airworthiness Directives; Diamond Aircraft Industries GmbH
Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for Diamond
Aircraft Industries GmbH Models DA40 and DA40F airplanes. 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 fatigue strength found in the aft main spar
does not ensure unlimited lifetime structural integrity. We are issuing
this AD to require actions to address the unsafe condition on these
products.
DATES: This AD is effective January 7, 2014.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of January 7,
2014.
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-Str.5, A-2700 Wiener Neustadt,
Austria; telephone: +43 2622 26700; fax: +43
[[Page 72569]]
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.
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:
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 September 17, 2013
(78 FR 57104). That NPRM proposed 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.
The MCAI can be found in the AD docket on the Internet at: http://www.regulations.gov/#!documentDetail;D=FAA-2013-0812-0002.
Comments
We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (78 FR 57104, September
17, 2013) or on the determination of the cost to the public.
Conclusion
We reviewed the relevant data and determined that air safety and
the public interest require adopting the AD as proposed. We have
determined that these minor changes:
Are consistent with the intent that was proposed in the
NPRM (78 FR 57104, September 17, 2013)) for correcting the unsafe
condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM (78 FR 57104, September 17, 2013).
Costs of Compliance
We estimate that this 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 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 this AD on U.S.
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 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 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.
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:
2013-24-14 Diamond Aircraft Industries GmbH: Amendment 39-17689;
Docket No. FAA-2013-0812; Directorate Identifier 2013-CE-023-AD.
(a) Effective Date
This airworthiness directive (AD) becomes effective January 7,
2014.
(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
[[Page 72570]]
describes the unsafe condition as fatigue strength found in the aft
main spar does not ensure unlimited lifetime structural integrity.
We are issuing this 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 January 7, 2014 (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.
(i) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Diamond Aircraft Industries GmbH Mandatory Service Bulletin
40-074, dated May 10, 2013.
(ii) Diamond Aircraft Industries GmbH Mandatory Service Bulletin
D4-094, dated May 10, 2013.
(iii) Diamond Aircraft Industries GmbH Mandatory Service
Bulletin F4-028, dated May 10, 2013.
Note 1 to paragraphs (i)(2)(i) through (i)(2)(iii) of this AD:
Diamond Aircraft Industries GmbH Mandatory Service Bulletin 40-074,
dated May 10, 2013; Diamond Aircraft Industries GmbH Mandatory
Service Bulletin D4-094, dated May 10, 2013; Diamond Aircraft
Industries GmbH Mandatory Service Bulletin F4-028, dated May 10,
2013; are co-published as one document.
(iv) Diamond Aircraft Industries GmbH Work Instruction WI-MSB
40-074, dated May 10, 2013.
(v) Diamond Aircraft Industries GmbH Work Instruction WI-MSB D4-
094, dated May 10, 2013.
(vi) Diamond Aircraft Industries GmbH Work Instruction WI-MSB
F4-028, dated May 10, 2013.
Note 2 to paragraphs (i)(2)(iv) through (i)(2)(vi) of this AD:
Diamond Aircraft Industries GmbH Work Instruction WI-MSB 40-074;
Diamond Aircraft Industries GmbH Work Instruction WI-MSB F4-028;
dated May 10, 2013; and Diamond Aircraft Industries GmbH Work
Instruction WI-MSB F4-028 dated May 10, 2013; are co-published as
one document.
(3) For Diamond Aircraft Industries service information
identified in 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.
(4) You may view this 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.
(5) You may view this service information that is incorporated
by reference 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/cfr/ibr-locations.html.
Issued in Kansas City, Missouri, on November 22, 2013.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2013-28746 Filed 12-2-13; 8:45 am]
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