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[Federal Register Volume 76, Number 93 (Friday, May 13, 2011)]
[Rules and Regulations]
[Pages 27861-27863]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11267]

[[Page 27861]]

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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; 
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.

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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[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.

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.

[[Page 27862]]

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 work-hours 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

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:

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-MAM 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-MAM 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

[[Page 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-MAM 
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-MAM 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[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 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
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