Federal Register / Vol. 76, No. 93 / Friday, May 13, 2011 / Rules and Regulations 27861 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0185; Directorate 

Identifier 2011–CE–002–AD; Amendment 

39–16694; AD 2011–10–13] 

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: 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) 

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: 

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. 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective June 

17, 2011. 

On June 17, 2011, the Director of the 

Federal Register approved the 

incorporation by reference of certain 

publications listed in this AD. 

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-Stra+e 5, 

A–2700 Wiener Neustadt, Austria, 

telephone: +43 2622 26700; fax: +43 

2622 26780; e-mail: office@diamondair.at; Internet: http://www.diamondair.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. 

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 AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on March 8, 2011 (76 FR 

12627). That NPRM proposed 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. 

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 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 AD address the 

unsafe condition on Models DA 42, DA 

42–NG, and DA 42 M–NG airplanes. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM or 

on the determination of the cost to the 

public. 

Conclusion 

We reviewed the available data and 

determined that air safety and the 

public interest require adopting the AD 

as proposed. 

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27862 Federal Register / Vol. 76, No. 93 / Friday, May 13, 2011 / Rules and Regulations 

Differences Between This 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 required 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 AD. 

Costs of Compliance 

We estimate that this AD will affect 

162 products of U.S. registry. We also 

estimate that it will take about 2 workhours per product to comply with the 

basic requirements of this AD. The 

average labor rate is $85 per work-hour. 

Required parts will cost about $71 per 

product. 

Based on these figures, we estimate 

the cost of this 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 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 

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 AD and placed it in the AD Docket. 

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 

■ 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: 

2011–10–13 Diamond Aircraft Industries 

GmbH: Amendment 39–16694; Docket 

No. FAA–2011–0185; Directorate 

Identifier 2011–CE–002–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective June 17, 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. 

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 addition, 

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 June 17, 2011 

(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 June 17, 2011 

(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 June 17, 2011 (the 

effective date of this AD), do not install a part 

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Federal Register / Vol. 76, No. 93 / Friday, May 13, 2011 / Rules and Regulations 27863 

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. 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. 

Material Incorporated by Reference 

(i) You must use 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, to do the actions required by 

this AD, unless the AD specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information 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 

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. 

(4) You may also review copies of the 

service information incorporated by reference 

for this AD 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/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Kansas City, Missouri, on May 3, 

2011. 

Earl Lawrence, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2011–11267 Filed 5–12–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0390; Directorate 

Identifier 2011–NM–064–AD; Amendment 

39–16696; AD 2011–10–15] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A318–112, A319–111, A319–112, A319– 

115, A319–132, A319–133, A320–214, 

A320–232, A320–233, A321–211, A321– 

213, and A321–231 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

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: 

Electrical discontinuity has been detected 

on terminal modules Part Number (P/N) NSA 

937901M1604, manufactured by Deutsch, 

due to an insufficient crimping of the female 

contacts on the shunt, caused by a wrong 

setting of the crimping tool. 

* * * * * 

This condition, if not corrected, could 

potentially result in in-flight failure of the 

Electrical Flight Control System (EFCS) and 

consequent loss of control of the aeroplane. 

In addition, this condition could lead to a 

non detected passenger oxygen loss, which, 

in case of emergency, could result in a large 

number of passenger oxygen masks not being 

supplied with oxygen, possibly causing 

personal injuries. 

This AD requires actions that are 

intended to address the unsafe 

condition described in the MCAI. 

DATES: This AD becomes effective May 

31, 2011. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of May 31, 2011. 

We must receive comments on this 

AD by June 27, 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 W12–40, 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office 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 

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