Airworthiness Directives; Diamond Aircraft Industries GmbH Airplanes, 42647-42649 [2014-15551]
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42647
Rules and Regulations
Federal Register
Vol. 79, No. 141
Wednesday, July 23, 2014
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2014–0226; Directorate
Identifier 2014–CE–009–AD; Amendment
39–17884; AD 2014–13–08]
RIN 2120–AA64
Airworthiness Directives; Diamond
Aircraft Industries GmbH Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
We are superseding
Airworthiness Directive (AD) 2013–24–
14 for Diamond Aircraft Industries
GmbH Models DA40 and DA40F
airplanes. 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 the
fatigue strength found in the aft main
spar not ensuring unlimited lifetime
structural integrity. We are issuing this
AD to require actions to address the
unsafe condition on these products.
DATES: This AD is effective August 27,
2014.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in the AD
as of August 27, 2014.
The Director of the Federal Register
approved the incorporation by reference
of certain other publications listed in
this AD as of January 7, 2014 (78 FR
72568; December 3, 2013).
ADDRESSES: You may examine the AD
docket on the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2014–
0226; or in person at the Docket
mstockstill on DSK4VPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:02 Jul 22, 2014
Jkt 232001
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-Str.5,
A–2700 Wiener Neustadt, Austria;
telephone: +43 2622 26700; fax: +43
2622 26780; email: office@diamondair.at; Internet: https://www.diamond
aircraft.com/contact/technical.php. You
may view this 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; email: mike.kiesov@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to add an AD that would apply
to Diamond Aircraft Industries GmbH
Model DA 40 airplanes. That NPRM was
published in the Federal Register on
April 14, 2014 (79 FR 20827), and
proposed to supersede AD 2013–24–14,
Amendment 39–17689 (78 FR 72568;
December 3, 2013) (‘‘AD 2013–24–14’’).
Since we issued AD 2013–24–14, the
inspections required by AD 2013–24–14
are tied to calendar time and the major
structural inspection (MSI) identified in
Chapter 5 of the airplane maintenance
manual (AMM). This compliance time
mirrors the mandatory continuing
airworthiness information (MCAI)
issued by the State of Design for these
products. However, U.S. operators are
not required to comply with the
requirement to inspect before the next
MSI since the Limitations in Chapter 4
of the AMM are mandatory, and the MSI
in Chapter 5 of the AMM is not
mandatory.
The NPRM proposed to correct an
unsafe condition for the specified
products and was based on MCAI
originated by an aviation authority of
another country. The MCAI states that:
Structural fatigue testing of the DA 40
aeroplane carried out for an extension of the
Major Structural Inspection (MSI) interval
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
has shown that the fatigue strength of the aft
main spar in the cabin area does not ensure
unlimited lifetime.
This condition, if not corrected, could
adversely affect the structural integrity of the
aeroplane.
Diamond Aircraft Industries (DAI) issued
Mandatory Service Bulletin (MSB) 40–074/
MSB D4–094/MSB F4–028, including Work
Instruction (WI) WI–MSB 40–074/WI–MSB
D4–094/WI–MSB F4–028 (published as a
single document), providing instructions to
reinforce the aft main spar in the cabin area.
For the reasons described above, this AD
requires modification of the aft main spar in
the cabin area.
The MCAI can be found in the AD
docket on the Internet at: https://www.
regulations.gov/#!documentDetail;D=
FAA-2014-0226-0002.
Comments
We gave the public the opportunity to
participate in developing this AD. We
received no comments on the NPRM (79
FR 20827, April 14, 2014) or on the
determination of the cost to the public.
Conclusion
We reviewed the relevant data and
determined that air safety and the
public interest require adopting the AD
as proposed except for minor editorial
changes. We have determined that these
minor changes:
• Are consistent with the intent that
was proposed in the NPRM (79 FR
20827, April 14, 2014) for correcting the
unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the NPRM (79 FR 20827,
April 14, 2014).
Costs of Compliance
We estimate that this AD will affect
747 products of U.S. registry. We also
estimate that it will take about 6 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 $100 per
product.
Based on these figures, we estimate
the cost of this AD to the U.S. operators
to be $455,670, or $610 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
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23JYR1
42648
Federal Register / Vol. 79, No. 141 / Wednesday, July 23, 2014 / Rules and Regulations
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
the DOT Regulatory Policies and
Procedures (44 FR 11034, February 26,
1979),
(3) Will not affect intrastate aviation
in Alaska, and
(4) 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.
Examining the AD Docket
mstockstill on DSK4VPTVN1PROD with RULES
You may examine the AD docket on
the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2014–
0226; 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,
VerDate Mar<15>2010
16:02 Jul 22, 2014
Jkt 232001
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
removing Amendment 39–17689 (78 FR
72568; December 3, 2013) and adding
the following new AD:
■
2014–13–08 Diamond Aircraft Industries
GmbH: Amendment 39–17884; Docket
No. FAA–2014–0226; Directorate
Identifier 2014–CE–009–AD.
(a) Effective Date
This airworthiness directive (AD) becomes
effective August 27, 2014.
(b) Affected ADs
This AD supersedes AD 2013–24–14,
Amendment 39–17689 (78 FR 72568;
December 3, 2013).
(c) Applicability
This AD applies to Diamond Aircraft
Industries Model DA 40 airplanes, serial
numbers 40.006 through 40.009, 40.011
through 40.1071, and 40.1073 through
40.1077; and Model DA 40 F airplanes, serial
numbers 40.FC001 through 40.FC029;
certificated in any category.
(d) Subject
Air Transport Association of America
(ATA) Code 57: Wings.
(e) Reason
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 the fatigue
strength found in the aft main spar not
ensuring unlimited lifetime structural
integrity. We are issuing this AD to correct
an incorrect compliance time and to modify
the aft main spar in the cabin area to ensure
the structural integrity of the airplane.
(f) Actions and Compliance
Comply with this AD within the
compliance times specified in paragraphs
(f)(1) through (f)(4) of this AD, unless already
done.
(1) For airplanes with less than 1,500 hours
time-in-service (TIS): At or before 2,000 hours
TIS after August 27, 2014 (the effective date
of this AD) or within the next 114 months
after August 27, 2014 (the effective date of
this AD), whichever occurs first, modify the
aft main spar in the cabin area following the
INSTRUCTIONS section of Diamond Aircraft
Industries GmbH Work Instructions WI–MSB
40–074, WI–MSB D4–094, and WI–MSB F4–
028 (co-published as a single document),
dated May 10, 2013, as specified in Diamond
Aircraft Industries GmbH Mandatory Service
Bulletins (MSB) 40–074, D4–094, and F4–028
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
(co-published as a single document), dated
May 10, 2013.
(2) For airplanes with 1,500 hours or more
than 1,500 hours TIS but less than 2,000
hours TIS: At or before 500 hours TIS after
August 27, 2014 (the effective date of this
AD) or within the next 114 months after
August 27, 2014 (the effective date of this
AD), whichever occurs first, modify the aft
main spar in the cabin area following the
INSTRUCTIONS section of Diamond Aircraft
Industries GmbH Work Instructions WI–MSB
40–074, WI–MSB D4–094, and WI–MSB F4–
028 (co-published as a single document),
dated May 10, 2013, as specified in Diamond
Aircraft Industries GmbH Mandatory Service
Bulletins (MSB) 40–074, D4–094, and F4–028
(co-published as a single document), dated
May 10, 2013.
(3) For airplanes with 2,000 hours or more
than 2,000 hours TIS but less than 2,500
hours TIS: At or before 500 hours TIS after
August 27, 2014 (the effective date of this
AD) or within the next 48 months after
August 27, 2014 (the effective date of this
AD), whichever occurs first, modify the aft
main spar in the cabin area following the
INSTRUCTIONS section of Diamond Aircraft
Industries GmbH Work Instructions WI–MSB
40–074, WI–MSB D4–094, and WI–MSB F4–
028 (co-published as a single document),
dated May 10, 2013, as specified in Diamond
Aircraft Industries GmbH Mandatory Service
Bulletins (MSB) 40–074, D4–094, and F4–028
(co-published as a single document), dated
May 10, 2013.
(4) For airplanes with 2,500 hours or more
than 2,500 hours TIS: Within the next 100
hours TIS after August 27, 2014 (the effective
date of this AD) or within the next 12 months
after August 27, 2014 (the effective date of
this AD), whichever occurs first, visually
inspect the aft spar center section following
page 11, Inspection Item 31 in Section 05–
28–50, Maintenance Checklist Airframe, of
Chapter 5, Time Limits and Maintenance
Checks, in DIAMOND AIRCRAFT
INDUSTRIES DA 40 SERIES AIRPLANE
MAINTENANCE MANUAL (AMM), Revision
7, dated April 1, 2013. If any damage is found
during this inspection, before further flight,
do all necessary corrective actions.
(i) After doing the inspection required by
paragraph (f)(4) of this AD including any
applicable corrective actions, at or before 500
hours TIS after August 27, 2014 (the effective
date of this AD) or within the next 48 months
after August 27, 2014 (the effective date of
this AD), whichever occurs first, modify the
aft main spar in the cabin area following the
INSTRUCTIONS section of Diamond Aircraft
Industries GmbH Work Instructions WI–MSB
40–074, WI–MSB D4–094, and WI–MSB F4–
028 (co-published as a single document),
dated May 10, 2013, as specified in Diamond
Aircraft Industries GmbH Mandatory Service
Bulletins (MSB) 40–074, D4–094, and F4–028
(co-published as a single document), dated
May 10, 2013.
(ii) The modification required in paragraph
(f)(4)(i) of this AD may be done instead of the
inspection required by paragraph (f)(4) of this
AD provided it is done within the next 100
hours TIS after August 27, 2014 (the effective
date of this AD) or within the next 12 months
after August 27, 2014 (the effective date of
this AD), whichever occurs first.
E:\FR\FM\23JYR1.SGM
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Federal Register / Vol. 79, No. 141 / Wednesday, July 23, 2014 / Rules and Regulations
(g) Other FAA AD Provisions
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; email: 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.
(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.
mstockstill on DSK4VPTVN1PROD with RULES
(h) Related Information
Refer to MCAI European Aviation Safety
Agency (EASA) AD No.: 2013–0145, dated
July 15, 2013, for related information. The
MCAI can be found in the AD docket on the
Internet at:
https://www.regulations.gov/#!document
Detail;D=FAA-2014-0226-0002.
(i) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(3) The following service information was
approved for IBR on August 27, 2014.
(i) Page 11, Inspection Item 31 in Section
05–28–50, Maintenance Checklist Airframe,
of Chapter 5, Time Limits and Maintenance
Checks, in DIAMOND AIRCRAFT
INDUSTRIES DA 40 SERIES AIRPLANE
MAINTENANCE MANUAL (AMM), Revision
7, dated April 1, 2013.
(ii) Reserved.
(4) The following service information was
approved for IBR on January 7, 2014 (78 FR
72568; December 3, 2013).
(i) Diamond Aircraft Industries GmbH
Mandatory Service Bulletin 40–074, dated
May 10, 2013.
(ii) Diamond Aircraft Industries GmbH
Mandatory Service Bulletin D4–094, dated
May 10, 2013.
(iii) Diamond Aircraft Industries GmbH
Mandatory Service Bulletin F4–028, dated
May 10, 2013.
Note 1 to paragraphs (i)(4)(i) through
(i)(4)(iii) of this AD: Diamond Aircraft
Industries GmbH Mandatory Service Bulletin
40–074, dated May 10, 2013; Diamond
Aircraft Industries GmbH Mandatory Service
Bulletin D4–094, dated May 10, 2013;
Diamond Aircraft Industries GmbH
Mandatory Service Bulletin F4–028, dated
VerDate Mar<15>2010
16:02 Jul 22, 2014
Jkt 232001
May 10, 2013; are co-published as one
document.
(iv) Diamond Aircraft Industries GmbH
Work Instruction WI–MSB 40–074, dated
May 10, 2013.
(v) Diamond Aircraft Industries GmbH
Work Instruction WI–MSB D4–094, dated
May 10, 2013.
(vi) Diamond Aircraft Industries GmbH
Work Instruction WI–MSB F4–028, dated
May 10, 2013.
Note 2 to paragraphs (i)(4)(iv) through
(i)(4)(vi) of this AD: Diamond Aircraft
Industries GmbH Work Instruction WI–MSB
40–074; Diamond Aircraft Industries GmbH
Work Instruction WI–MSB F4–028; dated
May 10, 2013; and Diamond Aircraft
Industries GmbH Work Instruction WI–MSB
F4–028 dated May 10, 2013; are co-published
as one document.
(5) For Diamond Aircraft Industries GmbH
service information identified in this AD,
contact Diamond Aircraft Industries GmbH,
N.A. Otto-Str.5, A–2700 Wiener Neustadt,
Austria; telephone: +43 2622 26700; fax: +43
2622 26780; email: office@diamond-air.at;
Internet: https://www.diamondaircraft.com/
contact/technical.php.
(6) You may view this 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.
(7) You may view this service information
that is incorporated by reference 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/cfr/ibr-locations.html.
Issued in Kansas City, Missouri, on June
24, 2014.
Timothy Smyth,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2014–15551 Filed 7–22–14; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2014–0005; Directorate
Identifier 2013–NM–144–AD; Amendment
39–17890; AD 2014–13–14]
RIN 2120–AA64
Airworthiness Directives; Airbus
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for certain
Airbus Model A310 series airplanes.
This AD was prompted by a report of an
electrical arc and a hydraulic haze in
SUMMARY:
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
42649
the wheel bay of the left-hand main
landing gear (MLG), possibly resulting
from chafing between a hydraulic high
pressure hose and electrical wiring of
the green electrical motor pump (EMP).
This AD requires modification of the
electrical routing and replacement of the
union elbows. We are issuing this AD to
prevent chafing of hydraulic pressure
hoses and electrical wiring of the green
EMPs, which, in combination with a
system failure, could cause an
uncontrolled and undetected fire in the
MLG bay.
DATES: This AD becomes effective
August 27, 2014.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of August 27, 2014.
ADDRESSES: You may examine the AD
docket on the Internet at https://
www.regulations.gov/#!docketDetail;D=
FAA-2014-0005; or in person at the
Docket 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.
For service information identified in
this AD, contact Airbus SAS,
Airworthiness Office—EAW, 1 Rond
Point Maurice Bellonte, 31707 Blagnac
Cedex, France; telephone +33 5 61 93 36
96; fax +33 5 61 93 44 51; email
account.airworth-eas@airbus.com;
Internet https://www.airbus.com. You
may view this referenced service
information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue
SW., Renton, WA. For information on
the availability of this material at the
FAA, call 425–227–1221.
FOR FURTHER INFORMATION CONTACT: Dan
Rodina, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA
98057–3356; telephone 425–227–2125;
fax 425–227–1149.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to certain Airbus Model A310
series airplanes. The NPRM published
in the Federal Register on February 3,
2014 (79 FR 6102). The NPRM was
prompted by a report of an electrical arc
and a hydraulic haze in the wheel bay
of the left-hand MLG, possibly resulting
from chafing between a hydraulic high
pressure hose and electrical wiring of
the green EMP. The NPRM proposed to
require modification of the electrical
E:\FR\FM\23JYR1.SGM
23JYR1
]]>Agencies
[Federal Register Volume 79, Number 141 (Wednesday, July 23, 2014)]
[Rules and Regulations]
[Pages 42647-42649]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15551]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 79, No. 141 / Wednesday, July 23, 2014 /
Rules and Regulations
[[Page 42647]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2014-0226; Directorate Identifier 2014-CE-009-AD;
Amendment 39-17884; AD 2014-13-08]
RIN 2120-AA64
Airworthiness Directives; Diamond Aircraft Industries GmbH
Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are superseding Airworthiness Directive (AD) 2013-24-14 for
Diamond Aircraft Industries GmbH Models DA40 and DA40F airplanes. 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 the fatigue strength found in the aft main spar
not ensuring unlimited lifetime structural integrity. We are issuing
this AD to require actions to address the unsafe condition on these
products.
DATES: This AD is effective August 27, 2014.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of August 27,
2014.
The Director of the Federal Register approved the incorporation by
reference of certain other publications listed in this AD as of January
7, 2014 (78 FR 72568; December 3, 2013).
ADDRESSES: You may examine the AD docket on the Internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0226; or in person at the Docket 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-Str.5, A-2700 Wiener Neustadt,
Austria; telephone: +43 2622 26700; fax: +43 2622 26780; email:
office@diamond-air.at; Internet: https://www.diamondaircraft.com/contact/technical.php. You may view this 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; email:
mike.kiesov@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to add an AD that would apply to Diamond Aircraft Industries
GmbH Model DA 40 airplanes. That NPRM was published in the Federal
Register on April 14, 2014 (79 FR 20827), and proposed to supersede AD
2013-24-14, Amendment 39-17689 (78 FR 72568; December 3, 2013) (``AD
2013-24-14'').
Since we issued AD 2013-24-14, the inspections required by AD 2013-
24-14 are tied to calendar time and the major structural inspection
(MSI) identified in Chapter 5 of the airplane maintenance manual (AMM).
This compliance time mirrors the mandatory continuing airworthiness
information (MCAI) issued by the State of Design for these products.
However, U.S. operators are not required to comply with the requirement
to inspect before the next MSI since the Limitations in Chapter 4 of
the AMM are mandatory, and the MSI in Chapter 5 of the AMM is not
mandatory.
The NPRM proposed to correct an unsafe condition for the specified
products and was based on MCAI originated by an aviation authority of
another country. The MCAI states that:
Structural fatigue testing of the DA 40 aeroplane carried out
for an extension of the Major Structural Inspection (MSI) interval
has shown that the fatigue strength of the aft main spar in the
cabin area does not ensure unlimited lifetime.
This condition, if not corrected, could adversely affect the
structural integrity of the aeroplane.
Diamond Aircraft Industries (DAI) issued Mandatory Service
Bulletin (MSB) 40-074/MSB D4-094/MSB F4-028, including Work
Instruction (WI) WI-MSB 40-074/WI-MSB D4-094/WI-MSB F4-028
(published as a single document), providing instructions to
reinforce the aft main spar in the cabin area.
For the reasons described above, this AD requires modification
of the aft main spar in the cabin area.
The MCAI can be found in the AD docket on the Internet at: https://www.regulations.gov/#!documentDetail;D=FAA-2014-0226-0002.
Comments
We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (79 FR 20827, April 14,
2014) or on the determination of the cost to the public.
Conclusion
We reviewed the relevant data and determined that air safety and
the public interest require adopting the AD as proposed except for
minor editorial changes. We have determined that these minor changes:
Are consistent with the intent that was proposed in the
NPRM (79 FR 20827, April 14, 2014) for correcting the unsafe condition;
and
Do not add any additional burden upon the public than was
already proposed in the NPRM (79 FR 20827, April 14, 2014).
Costs of Compliance
We estimate that this AD will affect 747 products of U.S. registry.
We also estimate that it will take about 6 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 $100 per product.
Based on these figures, we estimate the cost of this AD to the U.S.
operators to be $455,670, or $610 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
[[Page 42648]]
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 the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
(3) Will not affect intrastate aviation in Alaska, and
(4) 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.
Examining the AD Docket
You may examine the AD docket on the Internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0226; 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 removing Amendment 39-17689 (78 FR
72568; December 3, 2013) and adding the following new AD:
2014-13-08 Diamond Aircraft Industries GmbH: Amendment 39-17884;
Docket No. FAA-2014-0226; Directorate Identifier 2014-CE-009-AD.
(a) Effective Date
This airworthiness directive (AD) becomes effective August 27,
2014.
(b) Affected ADs
This AD supersedes AD 2013-24-14, Amendment 39-17689 (78 FR
72568; December 3, 2013).
(c) Applicability
This AD applies to Diamond Aircraft Industries Model DA 40
airplanes, serial numbers 40.006 through 40.009, 40.011 through
40.1071, and 40.1073 through 40.1077; and Model DA 40 F airplanes,
serial numbers 40.FC001 through 40.FC029; certificated in any
category.
(d) Subject
Air Transport Association of America (ATA) Code 57: Wings.
(e) Reason
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 the fatigue
strength found in the aft main spar not ensuring unlimited lifetime
structural integrity. We are issuing this AD to correct an incorrect
compliance time and to modify the aft main spar in the cabin area to
ensure the structural integrity of the airplane.
(f) Actions and Compliance
Comply with this AD within the compliance times specified in
paragraphs (f)(1) through (f)(4) of this AD, unless already done.
(1) For airplanes with less than 1,500 hours time-in-service
(TIS): At or before 2,000 hours TIS after August 27, 2014 (the
effective date of this AD) or within the next 114 months after
August 27, 2014 (the effective date of this AD), whichever occurs
first, modify the aft main spar in the cabin area following the
INSTRUCTIONS section of Diamond Aircraft Industries GmbH Work
Instructions WI-MSB 40-074, WI-MSB D4-094, and WI-MSB F4-028 (co-
published as a single document), dated May 10, 2013, as specified in
Diamond Aircraft Industries GmbH Mandatory Service Bulletins (MSB)
40-074, D4-094, and F4-028 (co-published as a single document),
dated May 10, 2013.
(2) For airplanes with 1,500 hours or more than 1,500 hours TIS
but less than 2,000 hours TIS: At or before 500 hours TIS after
August 27, 2014 (the effective date of this AD) or within the next
114 months after August 27, 2014 (the effective date of this AD),
whichever occurs first, modify the aft main spar in the cabin area
following the INSTRUCTIONS section of Diamond Aircraft Industries
GmbH Work Instructions WI-MSB 40-074, WI-MSB D4-094, and WI-MSB F4-
028 (co-published as a single document), dated May 10, 2013, as
specified in Diamond Aircraft Industries GmbH Mandatory Service
Bulletins (MSB) 40-074, D4-094, and F4-028 (co-published as a single
document), dated May 10, 2013.
(3) For airplanes with 2,000 hours or more than 2,000 hours TIS
but less than 2,500 hours TIS: At or before 500 hours TIS after
August 27, 2014 (the effective date of this AD) or within the next
48 months after August 27, 2014 (the effective date of this AD),
whichever occurs first, modify the aft main spar in the cabin area
following the INSTRUCTIONS section of Diamond Aircraft Industries
GmbH Work Instructions WI-MSB 40-074, WI-MSB D4-094, and WI-MSB F4-
028 (co-published as a single document), dated May 10, 2013, as
specified in Diamond Aircraft Industries GmbH Mandatory Service
Bulletins (MSB) 40-074, D4-094, and F4-028 (co-published as a single
document), dated May 10, 2013.
(4) For airplanes with 2,500 hours or more than 2,500 hours TIS:
Within the next 100 hours TIS after August 27, 2014 (the effective
date of this AD) or within the next 12 months after August 27, 2014
(the effective date of this AD), whichever occurs first, visually
inspect the aft spar center section following page 11, Inspection
Item 31 in Section 05-28-50, Maintenance Checklist Airframe, of
Chapter 5, Time Limits and Maintenance Checks, in DIAMOND AIRCRAFT
INDUSTRIES DA 40 SERIES AIRPLANE MAINTENANCE MANUAL (AMM), Revision
7, dated April 1, 2013. If any damage is found during this
inspection, before further flight, do all necessary corrective
actions.
(i) After doing the inspection required by paragraph (f)(4) of
this AD including any applicable corrective actions, at or before
500 hours TIS after August 27, 2014 (the effective date of this AD)
or within the next 48 months after August 27, 2014 (the effective
date of this AD), whichever occurs first, modify the aft main spar
in the cabin area following the INSTRUCTIONS section of Diamond
Aircraft Industries GmbH Work Instructions WI-MSB 40-074, WI-MSB D4-
094, and WI-MSB F4-028 (co-published as a single document), dated
May 10, 2013, as specified in Diamond Aircraft Industries GmbH
Mandatory Service Bulletins (MSB) 40-074, D4-094, and F4-028 (co-
published as a single document), dated May 10, 2013.
(ii) The modification required in paragraph (f)(4)(i) of this AD
may be done instead of the inspection required by paragraph (f)(4)
of this AD provided it is done within the next 100 hours TIS after
August 27, 2014 (the effective date of this AD) or within the next
12 months after August 27, 2014 (the effective date of this AD),
whichever occurs first.
[[Page 42649]]
(g) Other FAA AD Provisions
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; email:
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.
(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.
(h) Related Information
Refer to MCAI European Aviation Safety Agency (EASA) AD No.:
2013-0145, dated July 15, 2013, for related information. The MCAI
can be found in the AD docket on the Internet at: https://www.regulations.gov/#!documentDetail;D=FAA-2014-0226-0002.
(i) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(3) The following service information was approved for IBR on
August 27, 2014.
(i) Page 11, Inspection Item 31 in Section 05-28-50, Maintenance
Checklist Airframe, of Chapter 5, Time Limits and Maintenance
Checks, in DIAMOND AIRCRAFT INDUSTRIES DA 40 SERIES AIRPLANE
MAINTENANCE MANUAL (AMM), Revision 7, dated April 1, 2013.
(ii) Reserved.
(4) The following service information was approved for IBR on
January 7, 2014 (78 FR 72568; December 3, 2013).
(i) Diamond Aircraft Industries GmbH Mandatory Service Bulletin
40-074, dated May 10, 2013.
(ii) Diamond Aircraft Industries GmbH Mandatory Service Bulletin
D4-094, dated May 10, 2013.
(iii) Diamond Aircraft Industries GmbH Mandatory Service
Bulletin F4-028, dated May 10, 2013.
Note 1 to paragraphs (i)(4)(i) through (i)(4)(iii) of this AD:
Diamond Aircraft Industries GmbH Mandatory Service Bulletin 40-074,
dated May 10, 2013; Diamond Aircraft Industries GmbH Mandatory
Service Bulletin D4-094, dated May 10, 2013; Diamond Aircraft
Industries GmbH Mandatory Service Bulletin F4-028, dated May 10,
2013; are co-published as one document.
(iv) Diamond Aircraft Industries GmbH Work Instruction WI-MSB
40-074, dated May 10, 2013.
(v) Diamond Aircraft Industries GmbH Work Instruction WI-MSB D4-
094, dated May 10, 2013.
(vi) Diamond Aircraft Industries GmbH Work Instruction WI-MSB
F4-028, dated May 10, 2013.
Note 2 to paragraphs (i)(4)(iv) through (i)(4)(vi) of this AD:
Diamond Aircraft Industries GmbH Work Instruction WI-MSB 40-074;
Diamond Aircraft Industries GmbH Work Instruction WI-MSB F4-028;
dated May 10, 2013; and Diamond Aircraft Industries GmbH Work
Instruction WI-MSB F4-028 dated May 10, 2013; are co-published as
one document.
(5) For Diamond Aircraft Industries GmbH service information
identified in this AD, contact Diamond Aircraft Industries GmbH,
N.A. Otto-Str.5, A-2700 Wiener Neustadt, Austria; telephone: +43
2622 26700; fax: +43 2622 26780; email: office@diamond-air.at;
Internet: https://www.diamondaircraft.com/contact/technical.php.
(6) You may view this 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.
(7) You may view this service information that is incorporated
by reference 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/cfr/ibr-locations.html.
Issued in Kansas City, Missouri, on June 24, 2014.
Timothy Smyth,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-15551 Filed 7-22-14; 8:45 am]
BILLING CODE 4910-13-P
