[Federal Register Volume 87, Number 68 (Friday, April 8, 2022)]
[Proposed Rules]
[Pages 20781-20783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07527]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0450; Project Identifier MCAI-2021-00854-A]
RIN 2120-AA64


Airworthiness Directives; Diamond Aircraft Industries Inc. 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Diamond Aircraft Industries Inc. Model DA 40, DA 40 F, and DA 
40 NG 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 baggage 
nets installed with defective buckles, which may result in failure of 
the baggage net to restrain the baggage or cargo, which could lead to 
injury to the occupants in the case of an emergency landing. The FAA is 
proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by May 23, 
2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> Hand Delivery: Deliver to Mail address 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 Inc., Att: Thit Tun, 1560 Crumlin Road, 
London, N5V 1S2, Canada; phone: (519) 457-4000; email: 
<a href="/cdn-cgi/l/email-protection#edb9c3b99883ad89848c808283898c849f8e9f8c8b99c38e8280"><span class="__cf_email__" data-cfemail="8edaa0dafbe0ceeae7efe3e1e0eaefe7fcedfcefe8faa0ede1e3">[email protected]</span></a>. You may view this service information at the 
FAA, Airworthiness Products Section, Operational Safety Branch, 901 
Locust, Kansas City, MO 64106. For information on the availability of 
this material at the FAA, call (817) 222-5110.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0450; or in person at 
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The AD docket contains this NPRM, the MCAI, 
any comments received, and other information. The street address for 
Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Chirayu Gupta, Aviation Safety 
Engineer, New York ACO Branch, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: (516) 228-7300; email: 
<a href="/cdn-cgi/l/email-protection#30735859425149451e711e7745404451705651511e575f46"><span class="__cf_email__" data-cfemail="82c1eaebf0e3fbf7acc3acc5f7f2f6e3c2e4e3e3ace5edf4">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2022-0450; 
Project Identifier MCAI-2021-00854-A'' at the beginning of your 
comments. The most helpful comments reference a specific portion of the 
proposal, explain the reason for any recommended change, and include 
supporting data. The FAA will consider all comments received by the 
closing date and may amend this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this AD.

[[Page 20782]]

Submissions containing CBI should be sent to Chirayu Gupta, Aviation 
Safety Engineer, New York ACO Branch, FAA, 1600 Stewart Avenue, Suite 
410, Westbury, NY 11590. Any commentary that the FAA receives which is 
not specifically designated as CBI will be placed in the public docket 
for this rulemaking.

Background

    Transport Canada, which is the aviation authority for Canada, has 
issued Transport Canada AD CF-2021-24, dated July 21, 2021 (referred to 
after this as ``the MCAI''), to correct an unsafe condition on all 
Diamond Aircraft Industries Inc. Model DA 40, DA 40 D, DA 40 F, DA 40 
NG, and DA 62 airplanes. The MCAI states:

    Diamond Aircraft Industries Inc. (DAI) has received reports of 
defective buckles installed as part of the baggage nets on DA 40 NG 
and DA 62 aeroplanes. An investigation revealed a quality escape in 
the manufacturing of the Quick Fix Baggage Net Assembly, part number 
(P/N) D44-2550-90-00 and P/N D67-2550-90-00_02, by the supplier. P/N 
D44-2550-90-00 baggage nets can also be installed on DA 40, DA 40 D 
and DA 40 F aeroplanes. The baggage nets installed with defective 
buckles may not maintain sufficient holding force to restrain the 
baggage or cargo that is carried in the same compartment as 
passengers, and consequently, may not provide adequate means to 
protect the passengers from injury.
    This condition, if not corrected, could result in the failure of 
the baggage net to restrain the baggage or cargo, which could lead 
to injury to the occupants in the case of an emergency landing.
    DAI undertook a voluntary campaign to replace all defective 
Quick Fix Baggage Net Assemblies. However, DAI was unable to 
complete the campaign in its entirety, and therefore, a number of 
aeroplanes with defective baggage nets that have not yet been 
replaced, remain in operation.
    As a result, DAI issued Mandatory Service Bulletin (MSB) 40-093, 
MSB D4-110, MSB F4-039, MSB 40NG-065 and MSB 62-028, providing 
accomplishment instructions to replace the defective Quick Fix 
Baggage Net Assemblies.
    This [Transport Canada] AD mandates the removal and replacement 
of the affected baggage nets. This [Transport Canada] AD also 
renders any affected baggage nets not eligible for installation as a 
replacement part on DA 40, DA 40 D, DA 40 F, DA 40 NG and DA 62 
aeroplanes.

    You may examine the MCAI in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-2022-
0450.

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 the FAA's bilateral agreement with this State of Design Authority, 
it has notified the FAA of the unsafe condition described in the MCAI 
and service information referenced above. The FAA is issuing this NPRM 
after determining the unsafe condition described previously is likely 
to exist or develop on other products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed the following service information issued by 
Diamond Aircraft Industries, which specify procedures for identifying, 
removing, and replacing the affected baggage nets.
    <bullet> Mandatory Service Bulletin No. MSB 40-093, Rev. 0, dated 
July 6, 2021.
    <bullet> Mandatory Service Bulletin No. MSB F4-039, Rev. 0, dated 
July 6, 2021.
    <bullet> Mandatory Service Bulletin No. MSB 40NG-065, Rev. 1, dated 
July 6, 2021.
    These documents are distinct since they apply to different airplane 
models.
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

Differences Between This Proposed AD and the MCAI or Service 
Information

    The MCAI applies to Diamond Aircraft Industries Inc. Model DA 40, 
DA 40 D, DA 40 F, DA 40 NG, and DA 62 airplanes. This proposed AD would 
not apply to Model DA 62 airplanes. The FAA plans to address Model DA 
62 airplanes in future rulemaking.
    In addition, the MCAI applies to the Model DA 40 D airplane and 
this proposed AD would not because it does not have an FAA type 
certificate.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 800 airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this proposed 
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost       airplane        operators
----------------------------------------------------------------------------------------------------------------
Replace Model DA 40, DA 40 F, and DA    0.25 work-hour x $85 per            $382         $403.25        $322,600
 40 NG baggage net.                      hour = $21.25.
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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.
    The FAA is 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

    The FAA 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) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

[[Page 20783]]

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 airworthiness 
directive:

Diamond Aircraft Industries Inc.: Docket No. FAA-2022-0450; Project 
Identifier MCAI-2021-00854-A.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by May 23, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Diamond Aircraft Industries Inc. Model DA 40, 
DA 40 F, and DA 40 NG airplanes (including Model DA 40 D airplanes 
that have been converted to Model DA 40 NG), all serial numbers, 
certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 2550, Cargo 
Compartments.

(e) Unsafe Condition

    This AD was prompted by 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 baggage nets 
installed with defective buckles. The FAA is issuing this AD to 
prevent failure of the baggage net to restrain the baggage or cargo. 
This unsafe condition, if not corrected, could result in injury to 
occupants in the case of an emergency landing.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Definition

    The following are ``affected baggage nets'' for purposes of this 
AD:
    (1) Quick fix baggage net assembly part number (P/N) D44-2550-
90-00 with a date of manufacture of December 2015, November 2016, or 
March 2017; and
    (2) Quick fix baggage net assembly P/N D67-2550-90-00_02 with a 
date of manufacture of June 2016.

(h) Required Actions

    (1) Within 12 months after the effective date of this AD or 
within 50 hours time-in-service (TIS) after the effective date of 
this AD, whichever occurs first, inspect each baggage net to 
determine whether an affected baggage net is installed on your 
airplane.
    Note to paragraph (h)(1): The date of manufacture is located on 
the label with the abbreviation ``DMF.''
    (i) If an affected baggage net is installed, before further 
flight, remove the baggage net from service.
    (ii) Before the next flight carrying baggage or cargo in the 
baggage compartment, install a baggage net that is not an affected 
baggage net in accordance with Figure 1 of the Accomplishment 
Instructions in the applicable service information in paragraph (i) 
of this AD.
    (2) As of the effective date of this AD, do not install an 
affected baggage net on any airplane.

(i) Service Information

    (1) Diamond Aircraft Industries Mandatory Service Bulletin No. 
MSB 40-093, Rev. 0, dated July 6, 2021, for Model DA 40 airplanes.
    (2) Diamond Aircraft Industries Mandatory Service Bulletin No. 
MSB F4-039, Rev. 0, dated July 6, 2021, for Model DA 40 F airplanes.
    (3) Diamond Aircraft Industries Mandatory Service Bulletin No. 
MSB 40NG-065, Rev. 1, dated July 6, 2021, for Model DA 40 NG 
airplanes.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, New York ACO Branch, 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 certification office, send it to the attention of the 
person identified in paragraph (k)(1) of this AD.
    (2) For any requirement in this AD to obtain corrective actions 
from a manufacturer, the action must instead be accomplished using a 
method approved by the Manager, New York ACO Branch, FAA; or 
Transport Canada Civil Aviation (TCCA); or Diamond Aircraft 
Industries Inc.'s Design Organization Approval (DAO). If approved by 
the DAO, the approval must include the DAO-authorized signature.

(k) Related Information

    (1) For more information about this AD, contact Chirayu Gupta, 
Aviation Safety Engineer, New York ACO Branch, FAA, 1600 Stewart 
Avenue, Suite 410, Westbury, NY 11590; phone: (516) 228-7300; email: 
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="f99a91908b98808cd798d79e8c898d98b99f9898d79e968f">[email protected]</a>.
    (2) Refer to Transport Canada AD CF-2021-24, dated July 21, 
2021, for more information. You may examine the Transport Canada AD 
in the AD docket at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2022-0450.
    (3) For service information identified in this AD, contact 
Diamond Aircraft Industries Inc., Att: Thit Tun, 1560 Crumlin Road, 
London, N5V 1S2, Canada; phone: (519) 457-4000; email: 
<a href="/cdn-cgi/l/email-protection#70245e24051e301419111d1f1e1411190213021116045e131f1d"><span class="__cf_email__" data-cfemail="faaed4ae8f94ba9e939b9795949e9b938899889b9c8ed4999597">[email protected]</span></a>. You may view this referenced service 
information at the FAA, Airworthiness Products Section, Operational 
Safety Branch, 901 Locust, Kansas City, MO 64106. For information on 
the availability of this material at the FAA, call (817) 222-5110.

    Issued on April 4, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-07527 Filed 4-7-22; 8:45 am]
BILLING CODE 4910-13-P


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