Airworthiness Directives; Diamond Aircraft Industries GmbH Models DA 42, DA 42 NG, and DA 42 M-NG Airplanes, 27861-27863 [2011-11267]

Download as PDF Federal Register / Vol. 76, No. 93 / Friday, May 13, 2011 / Rules and Regulations 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 Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: 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: SUMMARY: WReier-Aviles on DSKGBLS3C1PROD with RULES 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. VerDate Mar<15>2010 15:13 May 12, 2011 Jkt 223001 You may examine the AD docket on the Internet at https:// 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+e 5, A–2700 Wiener Neustadt, Austria, telephone: +43 2622 26700; fax: +43 2622 26780; e-mail: office@diamondair.at; Internet: https://www.diamondair.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: ADDRESSES: 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 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 27861 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. E:\FR\FM\13MYR1.SGM 13MYR1 27862 Federal Register / Vol. 76, No. 93 / Friday, May 13, 2011 / Rules and Regulations 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 workhours 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. WReier-Aviles on DSKGBLS3C1PROD with RULES 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: VerDate Mar<15>2010 15:13 May 12, 2011 Jkt 223001 (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 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 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 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 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. PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 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 E:\FR\FM\13MYR1.SGM 13MYR1 Federal Register / Vol. 76, No. 93 / Friday, May 13, 2011 / Rules and Regulations number DA4–5200–00–69 rear passenger door retaining bracket. FAA AD Differences WReier-Aviles on DSKGBLS3C1PROD with RULES 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 VerDate Mar<15>2010 15:13 May 12, 2011 Jkt 223001 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+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. (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: https://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 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2011–0390; Directorate Identifier 2011–NM–064–AD; Amendment 39–16696; AD 2011–10–15] RIN 2120–AA64 Airworthiness Directives; Airbus Model A318–112, A319–111, A319–112, A319– 115, A319–132, A319–133, A320–214, A320–232, A320–233, A321–211, A321– 213, and A321–231 Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). AGENCY: PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 27863 Final rule; request for comments. ACTION: We are adopting a new airworthiness directive (AD) for the products listed above. This 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: SUMMARY: Electrical discontinuity has been detected on terminal modules Part Number (P/N) NSA 937901M1604, manufactured by Deutsch, due to an insufficient crimping of the female contacts on the shunt, caused by a wrong setting of the crimping tool. * * * * * This condition, if not corrected, could potentially result in in-flight failure of the Electrical Flight Control System (EFCS) and consequent loss of control of the aeroplane. In addition, this condition could lead to a non detected passenger oxygen loss, which, in case of emergency, could result in a large number of passenger oxygen masks not being supplied with oxygen, possibly causing personal injuries. This AD requires actions that are intended to address the unsafe condition described in the MCAI. DATES: This AD becomes effective May 31, 2011. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of May 31, 2011. We must receive comments on this AD by June 27, 2011. ADDRESSES: You may send comments by any of the following methods: • 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 W12–40, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Examining the AD Docket You may examine the AD docket on the Internet at https:// www.regulations.gov; or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and E:\FR\FM\13MYR1.SGM 13MYR1

Agencies

[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.

-----------------------------------------------------------------------

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 https://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: https://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 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 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: https://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:
    https://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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