75868 Federal Register / Vol. 75, No. 234 / Tuesday, December 7, 2010 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0845; Directorate 

Identifier 2010–CE–044–AD; Amendment 

39–16534; AD 2010–25–01] 

RIN 2120–AA64 

Airworthiness Directives; Diamond 

Aircraft Industries GmbH Models DA 

40 and DA 40F Airplanes 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD requires 

changing the emergency open doors 

procedure by incorporation of a 

temporary revision into the FAAapproved airplane flight manual (AFM) 

for all airplanes. This AD also requires 

replacement of the passenger door 

retaining bracket with an improved 

design retaining bracket for certain 

airplanes. This AD was prompted by 

several reports of the rear passenger 

door departing the airplane in flight. We 

are issuing this AD to change the 

emergency open doors procedure and 

retrofit the rear passenger door retaining 

bracket, which if not corrected could 

result in the rear passenger door 

departing the airplane in flight. 

DATES: This AD is effective January 11, 

2011. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of January 11, 2011. 

ADDRESSES: For service information 

identified in this 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 AD, the regulatory 

evaluation, any comments received, and 

other information. The address for the 

Docket Office (phone: 800–647–5527) is 

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 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: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an airworthiness 

directive (AD) that would apply to the 

specified products. That NPRM 

published in the Federal Register on 

August 25, 2010 (75 FR 52292). That 

NPRM proposed to require a retrofit of 

the rear passenger door retaining bracket 

for certain airplanes. The NPRM also 

proposed to change the emergency open 

doors procedure by incorporation of a 

temporary revision into the FAAapproved AFM for all airplanes. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. The 

following presents the comments 

received on the proposal and the FAA’s 

response to each comment. 

Request To Shorten the Compliance 

Time 

Robert Hasiak fully supported this AD 

action and stated that a door falling out 

of the sky over the general public is a 

safety hazard and that the sooner this is 

fixed, the safer we will be. We infer that 

the commenter wants us to shorten the 

compliance time from the proposed 

6 months. 

The FAA does not agree that 6 months 

is an unreasonable compliance time to 

address this situation. This 6-month 

compliance time is consistent with the 

service bulletin in that the time for 

compliance closely coincides with June 

11, 2011 (the compliance time in the 

service bulletin). It also coincides with 

the appropriate risk level the FAA, the 

Austro Control Group (ACG), and 

European Aviation Safety Agency 

(EASA) agreed with. The FAA has 

determined that the actions of this AD 

and the compliance time address the 

unsafe condition in the interim until 

further analysis is done by Diamond 

Aircraft Industries GmbH (Diamond), 

EASA, and the FAA. We are not 

changing the AD based on this 

comment. 

Request To Revise the Airplane Flight 

Manual Procedures 

David Wood stated that the door 

departure while the aircraft is in flight 

happens when someone realizes the 

door is only being retained by the safety 

latch and then tries to close the door 

completely. This causes the safety latch 

to disengage and the door to depart the 

aircraft. The commenter suggests the 

following: ‘‘DO NOT TRY TO CLOSE 

THE DOOR ON TAKEOFF ROLL, 

CLIMB, CRUISE, DESCENT, OR UNTIL 

VERY SLOW LANDING ROLL.’’ We 

infer that he wants the language added 

to the emergency open doors procedure 

in the AFM. 

We agree with the commenter’s 

assessment of the unsafe condition and 

the need to revise the emergency open 

doors procedure. However, we disagree 

on the suggested language. Diamond has 

issued Temporary Revision TR–MA ̈ M 

40–428, dated April 30, 2010. This 

revision changes the emergency open 

doors procedure to ‘‘Land at the next 

suitable airfield’’ when it is determined 

the rear door is unlocked. The revision 

also adds a warning to not attempt to 

lock the rear door in flight. The FAA has 

determined the action in this AD of 

adding the temporary revision to the 

AFM addresses the unsafe condition. 

We are not changing the AD based on 

this comment. 

Request To Include the Model DA42 

Villis Ositis of the Thielert Engine 

Owners Group commented that the 

Model DA 42 has the same door design 

and the same unsafe condition. He 

recommended that the AD also apply to 

the Model DA 42. 

The FAA has discussed the potential 

of the rear door departing the Model DA 

42 aircraft in flight with ACG, EASA, 

and Diamond. The FAA has determined 

the actions of this AD and the 

compliance time address the unsafe 

condition in the interim for the Model 

DA 40. Further analysis is being done 

for the Model DA 42. We may consider 

future rulemaking action on the Model 

DA 42 based on that analysis. We are 

not changing the AD based on this 

comment. 

Request To Disconnect the Front 

Canopy Latch Sensor From the Door 

Open Indicator 

Villis Ositis of the Thielert Engine 

Owners Group commented that the door 

open annunciation illuminates 

regardless whether it is the front canopy 

or the rear door that is not latched. The 

commenter states that since these 

aircraft do not have air conditioning it 

is common practice to taxi with the 


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Federal Register / Vol. 75, No. 234 / Tuesday, December 7, 2010 / Rules and Regulations 75869 

canopy in the partially open setting, 

illuminating the door open 

annunciation. As a result, the pilot 

ignores the annunciation and is 

unaware that the rear door might not be 

properly latched. The commenter also 

states that passengers that have not been 

trained in the use of the doors may not 

be able to identify an incorrect latch 

position. 

To correct the problem, the 

commenter suggests the wiring be 

modified to remove the front canopy 

latch sensor from the door open 

annunciation. In this proposed 

configuration the door open 

annunciation would only illuminate 

when the rear door was not properly 

latched and alert the pilot to the unsafe 

condition. 

The FAA does not agree nor disagree 

with the proposed comment. Rather, the 

FAA is investigating this matter with 

ACG, EASA, and Diamond. 

Diamond is now planning a design 

and flight test review to determine the 

overall safety issues with regard to this 

recommendation, which could take a 

few months to complete. 

In the interim, the FAA has 

determined that the actions of this AD 

address the unsafe condition until 

further analysis is done. The FAA may 

consider further rulemaking action 

based on the evaluation. We are not 

changing the AD based on this 

comment. 

Conclusion 

We reviewed the relevant data, 

considered the comments received, and 

determined that air safety and the 

public interest require adopting the AD 

as proposed—except for minor editorial 

changes. We have determined that these 

minor changes: 

• Are consistent with the intent that 

was proposed in the NPRM for 

correcting the unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM. 

Costs of Compliance 

We estimate that this AD affects 699 

airplanes of U.S. registry. 

We estimate the following costs to 

comply with this AD: 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

Revise the AFM (all airplanes) ...................... .5 work-hour × $85 per hour = $42.50 ......... Not Applicable .. $42.50 $29,707.50 

Retrofit the passenger door retaining bracket 

(428 airplanes).

2 work-hours × $85 per hour = $170.00 ...... $75.00 .............. 245.00 104,860.00 

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 

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 that 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), 

(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. 

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 

■ 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 airworthiness 

directive (AD): 

2010–25–01 Diamond Aircraft Industries 

GmbH: Amendment 39–16534; Docket 

No. FAA–2010–0845; Directorate 

Identifier 2010–CE–044–AD. 

Effective Date 

(a) This AD is effective January 11, 2011. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Diamond Aircraft 

Industries GmbH Models DA 40 and DA 40F 

airplanes, all serial numbers (S/N), that are 

certificated in any category. 

Subject 

(d) Joint Aircraft System Component 

(JASC)/Air Transport Association (ATA) of 

America Code 52, Doors. 

Unsafe Condition 

(e) This AD was prompted by several 

reports of the rear passenger door departing 

the airplane in flight. We are issuing this AD 

to change the emergency open doors 

procedure and retrofit the rear passenger 

door retaining bracket, which if not corrected 

could result in the rear passenger door 

departing the airplane in flight. 

Compliance 

(f) Comply with this AD within the 

compliance times specified, unless already 

done. 


srobinson on DSKHWCL6B1PROD with RULES
75870 Federal Register / Vol. 75, No. 234 / Tuesday, December 7, 2010 / Rules and Regulations 

Actions Compliance Procedures 

(1) For all S/N: Incorporate Diamond Aircraft 

Temporary Revision TR–MA ̈ M 40–428, page 

3–37b, dated April 30, 2010, into the FAA-approved airplane flight manual.

Within 6 months after January 11, 2011 (the 

effective date of this AD).

Follow Diamond Aircraft Temporary Revision 

TR–MA ̈ M 40–428, Cover Page, dated April 

30, 2010. 

(2) For Model DA 40, S/N 40.006 through 

40.009, 40.011 through 40.081, 40.084, and 

40.201 through 40.749; and Model DA 40F 

S/N 40.FC001 through 40.FC009: Replace 

the rear passenger door retaining bracket 

with an improved design retaining bracket.

Within 6 months after January 11, 2011 (the 

effective date of this AD).

Follow Diamond Aircraft Industries GmbH 

Mandatory Service Bulletin NO. MSB 40– 

070/NO. MSB D4–079/NO. MSB F4–024, 

dated April 30, 2010; and Diamond Aircraft 

Industries GmbH Work Instruction WI–MSB 

40–070/WI–MSB D4–079/WI–MSB F4–024, 

dated April 30, 2010. 

Alternative Methods of Compliance 

(AMOCs) 

(g)(1) 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. In accordance with 14 CFR 

39.19, send your request to your principal 

inspector or local Flight Standards District 

Office, as appropriate. If sending information 

directly to the manager of the ACO, send it 

to the attention of the person identified in the 

Related Information section of this AD. 

(2) Before using any approved AMOC, 

notify your Principal Maintenance Inspector 

or Principal Avionics Inspector, as 

appropriate, or lacking a principal inspector, 

your local Flight Standards District. 

Related Information 

(h) For more information about this AD, 

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. 

Material Incorporated by Reference 

(i) You must use the service information 

contained in table 1 of this AD to do the 

actions required by this AD, unless the AD 

specifies otherwise. 

TABLE 1—ALL MATERIAL INCORPORATED BY REFERENCE

Document Revision Date 

Diamond Aircraft Temporary Revision TR–MA ̈ M 

40–428, Cover Page and 

page 3–37b.

Not Applicable ................................................................................................................................ April 30, 2010. 

Diamond Aircraft Industries 

GmbH Mandatory Service 

Bulletin NO. MSB 40– 

070/NO. MSB D4–079/ 

NO. MSB F4–024.

Not Applicable ................................................................................................................................ April 30, 2010. 

Diamond Aircraft Industries 

GmbH Work Instruction 

WI–MSB 40–070/WI– 

MSB D4–079/WI–MSB 

F4–024.

0 ..................................................................................................................................................... April 30, 2010. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

the service information contained in table 1 

of this AD 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+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. 

(3) You may review copies of the 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 that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at an NARA facility, 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 

November 23, 2010. 

Earl Lawrence, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2010–30199 Filed 12–6–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0850; Directorate 

Identifier 2010–NM–076–AD; Amendment 

39–16536; AD 2010–25–03] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A300 Series 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) 

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: 

In accordance with design regulation, the 

THSA [trimmable horizontal stabilizer 

actuator] has a failsafe design. Its upper 

attachment to the aeroplane has two load 

paths, a Primary Load Path (PLP) and a 

Secondary Load Path (SLP), which is only 

engaged in case of PLP failure. Following the 

design intent, engagement of the SLP leads to 

jam the THSA, indicating the failure of the 

PLP. 

Tests carried out under the loads-measured 

during representative flights have 

demonstrated that, when the SLP is engaged, 

it does not systematically jam the THSA. In 


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