Airworthiness Directives; Diamond Aircraft Industries GmbH Models DA 40 and DA 40F Airplanes, 52292-52294 [2010-21068]
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52292
Federal Register / Vol. 75, No. 164 / Wednesday, August 25, 2010 / Proposed Rules
Subject
(d) Air Transport Association (ATA) of
America Code 57: Wings.
Reason
(e) The mandatory continuing
airworthiness information (MCAI) states:
Several cases of aileron terminal quadrant
support brackets that were manufactured
using sheet metal have been found cracked
on DHC–8 Series 300 aircraft. Investigation
revealed that the failure of the support
bracket was due to fatigue. Failure of the
aileron terminal quadrant support bracket
could result in an adverse reduction of
aircraft roll control.
These conditions could result in loss of
control of the airplane.
Compliance
(f) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
Actions
(g) For airplanes with an aileron terminal
quadrant support bracket having part number
(P/N) 85711569: At the applicable times
specified in paragraph (g)(1) or (g)(2) of this
AD, install a new aileron input quadrant
support bracket by incorporating MODSUM
8Q101250, in accordance with the
Accomplishment Instructions of Bombardier
Service Bulletin 8–57–43, Revision B, dated
October 7, 2009.
(1) For airplanes that have accumulated
30,000 total flight hours or more as of the
effective date of this AD: Within 3,000 flight
hours after the effective date of this AD.
(2) For airplanes that have accumulated
less than 30,000 total flight hours as of the
effective date of this AD: Before the
accumulation of 33,000 total flight cycles or
within 6,000 flight hours after the effective
date of this AD, whichever occurs first.
(h) Doing the installation by incorporating
MODSUM 8Q101250 is also acceptable for
compliance with the requirements of
paragraph (g) of this AD if done before the
effective date of this AD in accordance with
Bombardier Service Bulletin 8–57–43, dated
August 9, 2002; or Bombardier Service
Bulletin 8–57–43, Revision A, dated January
17, 2003.
srobinson on DSKHWCL6B1PROD with PROPOSALS
Issued in Renton, Washington, on August
18, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2010–21064 Filed 8–24–10; 8:45 am]
BILLING CODE 4910–13–P
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
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
Note 1: This AD differs from the MCAI
and/or service information as follows: No
differences.
Other FAA AD Provisions
(i) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, New York Aircraft
Certification Office (ACO), ANE–170, 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:
Program Manager, Continuing Operational
Safety, FAA, New York ACO, 1600 Stewart
Avenue, Suite 410, Westbury, New York,
11590; telephone 516–228–7300; fax 516–
794–5531. Before using any approved AMOC
on any airplane to which the AMOC applies,
17:18 Aug 24, 2010
Related Information
(j) Refer to MCAI Canadian Airworthiness
Directive CF–2009–45, dated December 11,
2009; and Bombardier Service Bulletin 8–57–
43, Revision B, dated October 7, 2009; for
related information.
AGENCY:
FAA AD Differences
VerDate Mar<15>2010
notify your principal maintenance inspector
(PMI) or principal avionics inspector (PAI),
as appropriate, or lacking a principal
inspector, your local Flight Standards District
Office. The AMOC approval letter must
specifically reference this AD.
(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, under the
provisions of the Paperwork Reduction Act
(44 U.S.C. 3501 et seq.), the Office of
Management and Budget (OMB) has
approved the information collection
requirements and has assigned OMB Control
Number 2120–0056.
Jkt 220001
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
SUMMARY:
PO 00000
Frm 00010
Fmt 4702
Sfmt 4702
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
https://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. OttoStra+e 5, A–2700 Wiener Neustadt,
Austria, telephone: +43 2622 26700; fax:
+43 2622 26780; e-mail:
office@diamond-air.at; Internet: https://
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 https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
E:\FR\FM\25AUP1.SGM
25AUP1
Federal Register / Vol. 75, No. 164 / Wednesday, August 25, 2010 / Proposed Rules
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 FAAapproved 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
per
airplane
Labor cost
Parts cost
.5 work-hour × $85 per hour = $42.50 ......................................................
Not Applicable .................................
We estimate the following costs to do
the proposed retrofit of the passenger
door retaining bracket. We estimate that
Parts cost
2 work-hours × $85 per hour = $170.00 .....................................................................................
srobinson on DSKHWCL6B1PROD with PROPOSALS
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
VerDate Mar<15>2010
17:18 Aug 24, 2010
Jkt 220001
$42.50
Total cost
on U.S.
operators
$29,707.50
this would affect 428 airplanes in the
U.S. registry:
Labor cost
Authority for This Rulemaking
52293
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,
PO 00000
Frm 00011
Fmt 4702
Sfmt 4702
$75.00
Total cost
per
airplane
$245.00
Total cost
on U.S.
operators
$104,860.00
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 https://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.
E:\FR\FM\25AUP1.SGM
25AUP1
52294
Federal Register / Vol. 75, No. 164 / Wednesday, August 25, 2010 / Proposed Rules
List of Subjects in 14 CFR Part 39
§ 39.13
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
2. The FAA amends § 39.13 by adding
the following new AD:
The Proposed Amendment
[Amended]
Diamond Aircraft Industries GmbH: Docket
No. FAA–2010–0845; Directorate
Identifier 2010–CE–044–AD.
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
Comments Due Date
PART 39—AIRWORTHINESS
DIRECTIVES
Affected ADs
1. The authority citation for part 39
continues to read as follows:
Applicability
(a) We must receive comments on this
airworthiness directive (AD) action by
October 12, 2010.
(b) None.
Authority: 49 U.S.C. 106(g), 40113, 44701.
(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: Incorporate Diamond
¨
Aircraft Temporary Revision TR–MAM 40–
428, page 3–37b, dated April 30, 2010, into
the FAA-approved airplane flight manual.
(2) For Model DA 40, S/N 40.006 through
40.009, 40.011 through 40.081, 40.084, and
40.201 through 40.749; and Model DA 40F
S/N 40.FC001 through 40.FC009: Replace
the rear passenger door retaining bracket
with an improved design retaining bracket.
Within 6 months after the effective date of this
AD.
Follow Diamond Aircraft Temporary Revision
¨
TR–MAM 40–428, Cover Page, dated April
30, 2010.
Within 6 months after the effective date of this
AD.
Follow 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.
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.
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
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Parts 870, 884 and 892
[Docket No. FDA–2010–N–0412]
srobinson on DSKHWCL6B1PROD with PROPOSALS
RIN 0910–AG51
(h) To get copies of the service information
referenced 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: https://
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 https://
www.regulations.gov.
Effective Date of Requirement for
Premarket Approval for Four Class III
Preamendments Devices
VerDate Mar<15>2010
17:18 Aug 24, 2010
Jkt 220001
Food and Drug Administration,
HHS.
ACTION:
Proposed rule.
The Food and Drug
Administration (FDA) is proposing to
require the filing of a premarket
approval application (PMA) or a notice
of completion of a product development
protocol (PDP) for the following four
class III preamendments devices:
Ventricular bypass (assist) device;
pacemaker repair or replacement
SUMMARY:
PO 00000
Frm 00012
Fmt 4702
Submit written or electronic
comments by November 23, 2010.
Submit requests for a change in
classification by September 9, 2010.
FDA intends that, if a final rule based
on this proposed rule is issued, anyone
who wishes to continue to market the
device will need to submit a PMA
within 90 days of the effective date of
the final rule. Please see section XIII of
this document for the effective date of
any final rule that may publish based on
this proposal.
DATES:
Related Information
AGENCY:
material; female condom; and
transilluminator for breast evaluation.
The agency is also summarizing its
proposed findings regarding the degree
of risk of illness or injury designed to
be eliminated or reduced by requiring
the devices to meet the statute’s
approval requirements and the benefits
to the public from the use of the
devices. In addition, FDA is announcing
the opportunity for interested persons to
request that the agency change the
classification of any of the
aforementioned devices based on new
information. This action implements
certain statutory requirements.
Sfmt 4702
You may submit comments,
identified by Docket No. FDA–2010–N–
0412 and/or RIN number 0910–AG51,
by any of the following methods:
Electronic Submissions
ADDRESSES:
E:\FR\FM\25AUP1.SGM
25AUP1
]]>Agencies
[Federal Register Volume 75, Number 164 (Wednesday, August 25, 2010)]
[Proposed Rules]
[Pages 52292-52294]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-21068]
-----------------------------------------------------------------------
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 https://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: https://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 https://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 https://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:
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Actions Compliance Procedures
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(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: https://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 https://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
