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[Federal Register Volume 75, Number 234 (Tuesday, December 7, 2010)]
[Rules and Regulations]
[Pages 75868-75870]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-30199]

[[Page 75868]]

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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 FAA-
approved 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. Otto-Stra[szlig]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 FAA-approved 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-M[Auml]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

[[Page 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
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
             Action                     Labor cost              Parts cost            product        operators
----------------------------------------------------------------------------------------------------------------
Revise the AFM (all airplanes).  .5 work-hour x $85 per   Not Applicable........          $42.50      $29,707.50
                                  hour = $42.50.
Retrofit the passenger door      2 work-hours x $85 per   $75.00................          245.00      104,860.00
 retaining bracket (428           hour = $170.00.
 airplanes).
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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

0
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 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.

[[Page 75870]]

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) For all S/N: Incorporate  Within 6 months       Follow Diamond
 Diamond Aircraft Temporary    after January 11,     Aircraft Temporary
 Revision TR-M[Auml]M 40-      2011 (the effective   Revision TR-
 428, page 3-37b, dated        date of this AD).     M[Auml]M 40-428,
 April 30, 2010, into the                            Cover Page, dated
 FAA-approved airplane                               April 30, 2010.
 flight manual.
(2) For Model DA 40, S/N      Within 6 months       Follow Diamond
 40.006 through 40.009,        after January 11,     Aircraft Industries
 40.011 through 40.081,        2011 (the effective   GmbH Mandatory
 40.084, and 40.201 through    date of this AD).     Service Bulletin
 40.749; and Model DA 40F S/                         NO. MSB 40-070/NO.
 N 40.FC001 through                                  MSB D4-079/NO. MSB
 40.FC009: Replace the rear                          F4-024, dated April
 passenger door retaining                            30, 2010; and
 bracket with an improved                            Diamond Aircraft
 design retaining bracket.                           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-         Not Applicable..............  April 30, 2010.
 M[Auml]M 40-428, Cover Page and page 3-37b.
Diamond Aircraft Industries GmbH Mandatory      Not Applicable..............  April 30, 2010.
 Service Bulletin NO. MSB 40-070/NO. MSB D4-
 079/NO. MSB F4-024.
Diamond Aircraft Industries GmbH Work           0...........................  April 30, 2010.
 Instruction WI-MSB 40-070/WI-MSB D4-079/WI-
 MSB F4-024.
----------------------------------------------------------------------------------------------------------------

    (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[szlig]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
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