```

[Federal Register Volume 78, Number 180 (Tuesday, September 17, 2013)]
[Proposed Rules]
[Pages 57104-57105]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22570]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0812; Directorate Identifier 2013-CE-023-AD]
RIN 2120-AA64

Airworthiness Directives; Diamond Aircraft Industries 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 
Diamond Aircraft Industries Model DA 40 and DA 40 F Airplanes. 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 fatigue strength found in the 
aft main spar does not ensure unlimited lifetime structural integrity. 
We are issuing this proposed AD to require actions to address the 
unsafe condition on these products.

DATES: We must receive comments on this proposed AD by November 1, 
2013.

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. Otto-Str.5, A-2700 Wiener 
Neustadt, Austria; telephone: +43 2622 26700; fax: +43 2622 26780; 
email: office@diamond-air.at; Internet: http://www.diamondaircraft.com/contact/technical.php. 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; email: 
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-2013-0812; 
Directorate Identifier 2013-CE-023-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://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 EASA 
AD No.: 2013-0145, dated July 15, 2013 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
MCAI states:

    Structural fatigue testing of the DA 40 aeroplane carried out 
for an extension of the Major Structural Inspection (MSI) interval 
has shown that the fatigue strength of the aft main spar in the 
cabin area does not ensure unlimited lifetime.
    This condition, if not corrected, could adversely affect the 
structural integrity of the aeroplane.
    Diamond Aircraft Industries (DAI) issued Mandatory Service 
Bulletin (MSB) 40-074/MSB D4-094/MSB F4-028, including Work 
Instruction (WI) WI-MSB 40-074/WI-MSB D4-094/WI-MSB F4-028 
(published as a single document), providing instructions to 
reinforce the aft main spar in the cabin area.
    For the reasons described above, this AD requires modification 
of the aft main spar in the cabin area.

    Note:  Aeroplanes with modified aft main spar are eligible for 
an increased MSI threshold of 6000 flight hours (FH) since first 
flight of the aeroplane and increased MSI intervals not to exceed 
4000 FH thereafter.

    You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Diamond Aircraft Industries GmbH has issued Mandatory Service 
Bulletin MSB 40-074, MSB D4-094, and MSB F4-028 (co-published as a 
single document), dated May 10, 2013; and Diamond Aircraft Industries 
GmbH Work Instructions WI-MSB 40-074, WI-MSB D4-094, and WI-MSB F4-028, 
(co-published as a single document), dated May 10, 2013. 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.

Costs of Compliance

    We estimate that this proposed AD will affect 747 products of U.S. 
registry. We also estimate that it would take about 6 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 $100 per product.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S.

[[Page 57105]]

operators to be $455,670, or $610 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 proposed 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),
    (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.

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

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 AD:

Diamond Aircraft Industries: Docket No. FAA-2013-0812; Directorate 
Identifier 2013-CE-023-AD.

(a) Comments Due Date

    We must receive comments by November 1, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Diamond Aircraft Industries Model DA 40 
airplanes, serial numbers 40.006 through 40.009, 40.011 through 
40.1071, and 40.1073 through 40.1077; and Model DA 40 F airplanes, 
serial numbers 40.FC001 through 40.FC029; certificated in any 
category.

(d) Subject

    Air Transport Association of America (ATA) Code 57: Wings.

(e) Reason

    This AD was prompted 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 fatigue strength 
found in the aft main spar does not ensure unlimited lifetime 
structural integrity. We are issuing this proposed AD to modify the 
aft main spar in the cabin area to ensure the structural integrity 
of the airplane.

(f) Actions and Compliance

    Unless already done, at or before the next Major Structural 
Inspection (MSI) after the effective date of this AD or within the 
next 114 months after the effective date of this AD, whichever 
occurs first, modify the aft main spar in the cabin area following 
the INSTRUCTIONS section of Diamond Aircraft Industries GmbH Work 
Instructions WI-MSB 40-074, WI-MSB D4-094, and WI-MSB F4-028 (co-
published as a single document), dated May 10, 2013, as specified in 
Diamond Aircraft Industries GmbH Mandatory Service Bulletins (MSB) 
40-074, D4-094, and F4-028 (co-published as a single document), 
dated May 10, 2013.

 (g) Other FAA AD Provisions

    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; email: 
mike.kiesov@faa.gov. 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.

(h) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA), which is 
the Technical Agent for the Member States of the European Community, 
EASA AD No.: 2013-0145, dated July 15, 2013, for more information. 
You may examine the AD on the Internet at http://www.regulations.gov 
by searching and locating it in Docket No. FAA-2013-0812. For 
service information related to this AD, contact Diamond Aircraft 
Industries GmbH, N.A. Otto-Str.5, A-2700 Wiener Neustadt, Austria; 
telephone: +43 2622 26700; fax: +43 2622 26780; email: 
office@diamond-air.at; Internet: http://www.diamondaircraft.com/contact/technical.php. 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 September 11, 2013.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2013-22570 Filed 9-16-13; 8:45 am]
BILLING CODE 4910-13-P
```