[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:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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: <a href="/cdn-cgi/l/email-protection#5e313838373d3b1e3a373f3331303a733f372c703f2a"><span class="__cf_email__" data-cfemail="98f7fefef1fbfdd8fcf1f9f5f7f6fcb5f9f1eab6f9ec">[email protected]</span></a>; 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: 
<a href="/cdn-cgi/l/email-protection#1a7773717f3471737f69756c5a7c7b7b347d756c"><span class="__cf_email__" data-cfemail="d9b4b0b2bcf7b2b0bcaab6af99bfb8b8f7beb6af">[email protected]</span></a>.

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: <a href="/cdn-cgi/l/email-protection#83ece5e5eae0e6c3e7eae2eeecede7aee2eaf1ade2f7"><span class="__cf_email__" data-cfemail="86e9e0e0efe5e3c6e2efe7ebe9e8e2abe7eff4a8e7f2">[email protected]</span></a>; 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


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