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[Federal Register: August 25, 2010 (Volume 75, Number 164)]
[Proposed Rules]               
[Page 52292-52294]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25au10-20]                         

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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]
RIN 2120-AA64

 
Airworthiness Directives; Diamond Aircraft Industries GmbH Models 
DA 40 and DA 40F 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 all 
Diamond Aircraft Industries GmbH Models DA 40 and DA 40F airplanes. 
This proposed AD would change the emergency open doors procedure by 
incorporation of a temporary revision into the FAA-approved airplane 
flight manual for all airplanes. This proposed AD would also require 
replacement of the passenger door retaining bracket with an improved 
design retaining bracket for certain airplanes. This proposed AD 
results from several reports of the rear passenger door departing the 
airplane in flight. We are proposing 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: We must receive comments on this proposed AD by October 12, 
2010.

ADDRESSES: Use one of the following addresses to comment on this 
proposed AD:
     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-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.

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:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include the docket number, ``FAA-
2010-0845; Directorate Identifier 2010-CE-044-AD'' at the beginning of 
your comments. We specifically invite comments on the overall 
regulatory, economic, environmental, and energy aspects of the proposed 
AD. We will consider all comments received by the closing date and may 
amend the proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each

[[Page 52293]]

substantive verbal contact we receive concerning this proposed AD.

Discussion

    We have received information from Diamond Aircraft Industries GmbH 
that the Models DA 40 and DA 40F airplanes have had an estimated 31 
rear passenger doors depart the airplane while in flight. They also 
estimate an additional 18 doors have been replaced because of damage to 
the hinge, primarily due to wind gust conditions while the airplane is 
parked. Diamond Aircraft Industries GmbH conducted a structural test to 
determine the root cause of the door opening in flight. The test 
concluded that the locking mechanism provided adequate strength to 
react the loads in flight. They determined that the root cause was the 
crew not properly securing the rear passenger door prior to flight.
    Models DA 40 and DA 40F airplanes do have a secondary safety latch 
design feature. The initial intended design function of this 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 retainer bracket might not hold the door in this ``near 
closed'' position while in flight. Diamond Aircraft Industries GmbH has 
designed an improved retainer bracket to prevent the passenger rear 
door fully opening in flight. In addition, they have revised the 
emergency door open procedure.
    This condition, if not corrected, could result in the rear 
passenger door departing the airplane in flight.

Relevant Service Information

    We have reviewed 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.
    The service information describes procedures for replacement of the 
passenger door retaining bracket with an improved design retaining 
bracket.

FAA's Determination and Requirements of the Proposed AD

    We are proposing this AD because we evaluated all information and 
determined the unsafe condition described previously is likely to exist 
or develop on other products of the same type design. This proposed AD 
would require a retrofit of the rear passenger door retaining bracket 
for certain airplanes. This proposed AD would also change the emergency 
open doors procedure by incorporation of a temporary revision into the 
FAA-approved airplane flight manual for all airplanes.

Costs of Compliance

    We estimate that this proposed AD would affect 699 airplanes in the 
U.S. registry.
    We estimate the following costs to do the proposed revision to the 
airplane flight manual:

----------------------------------------------------------------------------------------------------------------
                                                                                                  Total cost  on
                  Labor cost                               Parts cost               Total cost         U.S.
                                                                                   per  airplane     operators
----------------------------------------------------------------------------------------------------------------
.5 work-hour x $85 per hour = $42.50..........  Not Applicable..................          $42.50      $29,707.50
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do the proposed retrofit of the 
passenger door retaining bracket. We estimate that this would affect 
428 airplanes in the U.S. registry:

----------------------------------------------------------------------------------------------------------------
                                                                                                  Total cost  on
                           Labor cost                               Parts cost      Total cost         U.S.
                                                                                   per  airplane     operators
----------------------------------------------------------------------------------------------------------------
2 work-hours x $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

    We have 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 that the 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); 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 proposed AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket that contains the proposed AD, the 
regulatory evaluation, any comments received, and other information 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 Docket Office (telephone (800) 647-5527) 
is located at the street address stated in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

[[Page 52294]]

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

    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]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Diamond Aircraft Industries GmbH: Docket No. FAA-2010-0845; 
Directorate Identifier 2010-CE-044-AD.

Comments Due Date

    (a) We must receive comments on this airworthiness directive 
(AD) action by October 12, 2010.

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) Air Transport Association of America (ATA) Code 52: Doors.

Unsafe Condition

    (e) This AD results from several reports of the rear passenger 
door departing the airplane in flight. We are proposing 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) To address this problem, you must do the following, unless 
already done:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) For all serial numbers:   Within 6 months       Follow Diamond
 Incorporate Diamond           after the effective   Aircraft Temporary
 Aircraft Temporary Revision   date of this AD.      Revision TR-
 TR-M[Auml]M 40-428, page 3-                         M[Auml]M 40-428,
 37b, dated April 30, 2010,                          Cover Page, dated
 into the FAA-approved                               April 30, 2010.
 airplane flight manual.
(2) For Model DA 40, S/N      Within 6 months       Follow Diamond
 40.006 through 40.009,        after the effective   Aircraft Industries
 40.011 through 40.081,        date of this AD.      GmbH Mandatory
 40.084, and 40.201 through                          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) The Manager, Small Airplane Directorate, 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; e-mail: 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.

Related Information

    (h) To get copies of the service information referenced 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. To view the AD docket, go to U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, or 
on the Internet at http://www.regulations.gov.

    Issued in Kansas City, Missouri, on August 18, 2010.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-21068 Filed 8-24-10; 8:45 am]
BILLING CODE 4910-13-P
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