Federal Register / Vol. 76, No. 45 / Tuesday, March 8, 2011 / Proposed Rules 12627 

2010; Dassault Mandatory Service Bulletin 

7X–006, Revision 1, dated March 3, 2010; 

and Dassault Mandatory Service Bulletin 7X– 

092, Revision 1, dated January 4, 2010; for 

related information. 

Issued in Renton, Washington, on February 

22, 2011. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2011–5165 Filed 3–7–11; 8:45 am] 

BILLING CODE 4910–13–P 

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). 

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. OttoStra+e 5, A–2700 Wiener Neustadt, 

Austria, telephone: +43 2622 26700; fax: 

+43 2622 26780; e-mail: 

office@diamond-air.at; 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: mike.kiesov@faa.gov. 

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. 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

12628 Federal Register / Vol. 76, No. 45 / Tuesday, March 8, 2011 / Proposed Rules 

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. 

§ 39.13 [Amended] 

2. The FAA amends § 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. 

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Federal Register / Vol. 76, No. 45 / Tuesday, March 8, 2011 / Proposed Rules 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–MA ̈ 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–MA ̈ 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– 

MA ̈ 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+e 5, A–2700 Wiener Neustadt, 

Austria, telephone: +43 2622 26700; fax: +43 

2622 26780; e-mail: office@diamond-air.at; 

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] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0151; Directorate 

Identifier 2009–NM–205–AD] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc. Model DHC–8–400 Series 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above that would 

supersede an existing AD. 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: 

Two cases of main landing gear collapse 

had been reported. Main landing gear 

collapse may result in unsafe landing of the 

aircraft. 

* * * * * 

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, 

mstockstill on DSKH9S0YB1PROD with PROPOSALS