Airworthiness Directives; Diamond Aircraft Industries Inc. Airplanes, 60406-60409 [2023-18827]

Download as PDF 60406 Federal Register / Vol. 88, No. 169 / Friday, September 1, 2023 / Proposed Rules in the TGB to Airbus Helicopters or send an affected TGB to an approved workshop. (14) Where the service information (including any work card) referenced in EASA AD 2023–0001 specifies to use tooling, this AD allows the use of equivalent tooling. (15) Where the service information (including any work card) referenced in EASA AD 2023–0001 specifies discarding certain parts, this AD requires removing those parts from service. (16) Where the service information (including any work card) referenced in EASA AD 2023–0001 specifies performing a metallurgical analysis of particles if there is a doubt concerning the type, size, or classification of any collected particle, this AD requires, before further flight, performing a metallurgical analysis if the type, size, or classification of any collected particle cannot be determined. (17) Where the service information (including any work card) referenced in EASA AD 2023–0001 specifies if there is any doubt remaining (pertaining to particle classification) after performing a metallurgical analysis, contact Airbus, this AD requires, before further flight, removing an affected TGB from service and replacing it with an airworthy part, or repairing the TGB in accordance with a method approved by the Manager, Europe Middle East & Africa Section, International Validation Branch, FAA; EASA; or Airbus Helicopters’ DOA. If approved by the DOA, the approval must include the DOA-authorized signature. (18) Where the service information referenced in EASA AD 2023–0001 requires reporting inspection results, including Appendix 4.A., to Airbus Helicopters, if any M50 particles are found, this AD requires reporting those inspection results along with a detailed description of any information and findings, and if possible, provide photos, at the applicable time in paragraph (h)(18)(i) or (ii) of this AD. (i) If the inspection was done on or after the effective date of this AD: Submit the report within 10 days after accomplishing the metallurgical analysis. (ii) If the inspection was done before the effective date of this AD: Submit the report within 10 days after the effective date of this AD. (19) This AD does not adopt the ‘‘Remarks’’ section of EASA AD 2023–0001. lotter on DSK11XQN23PROD with PROPOSALS1 (i) Special Flight Permits Special flight permits may be issued in accordance with 14 CFR 21.197 and 21.199, provided no passengers are onboard. (j) Alternative Methods of Compliance (AMOCs) (1) The Manager, International Validation Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the International Validation Branch, send it to the attention of the person identified in paragraph (k) of this AD. Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov. VerDate Sep<11>2014 16:27 Aug 31, 2023 Jkt 259001 (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office. (k) Related Information For more information about this AD, contact Kevin Kung, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone (781) 238–7244; email 9-AVS-AIR-BACO-COS@ faa.gov. (l) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference 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 this AD specifies otherwise. (i) European Union Aviation Safety Agency (EASA) AD 2023–0001, dated January 4, 2023. (ii) [Reserved] (3) For EASA AD 2023–0001, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; Internet easa.europa.eu. You may find the EASA material on the EASA website at ad.easa.europa.eu. (4) You may view this service information at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N–321, Fort Worth, TX 76177. For information on the availability of this material at the FAA, call (817) 222–5110. (5) You may view this material that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email fr.inspection@nara.gov, or go to: www.archives.gov/federal-register/cfr/ibrlocations.html. Issued on August 23, 2023. Victor Wicklund, Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2023–18612 Filed 8–31–23; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2023–1812; Project Identifier MCAI–2023–00726–A] RIN 2120–AA64 Airworthiness Directives; Diamond Aircraft Industries Inc. Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 The FAA proposes to adopt a new airworthiness directive (AD) for all Diamond Aircraft Industries Inc. Model DA 62 airplanes. This proposed AD was prompted by reports of baggage nets installed with defective buckles, which may result in failure of the baggage net to restrain the baggage or cargo, which could lead to injury to the occupants in the case of an emergency landing. This proposed AD would require identifying and replacing the affected part. The FAA is proposing this AD to address the unsafe condition on these products. DATES: The FAA must receive comments on this NPRM by October 16, 2023. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: • Federal eRulemaking Portal: Go to 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: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA–2023–1812; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this NPRM, the mandatory continuing airworthiness information (MCAI), any comments received, and other information. The street address for Docket Operations is listed above. Material Incorporated by Reference: • For service information identified in this NPRM, contact Diamond Aircraft Industries Inc., Att: Thit Tun, 1560 Crumlin Road, London, N5V 1S2, Canada; phone: (519) 457–4000; email: t.tun@diamondaircraft.com; website: diamondaircraft.com. • You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 901 Locust, Kansas City, MO 64106. For information on the availability of this material at the FAA, call (817) 222–5110. FOR FURTHER INFORMATION CONTACT: Chirayu Gupta, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (516) 228–7300; email: chirayu.a.gupta@faa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: E:\FR\FM\01SEP1.SGM 01SEP1 Federal Register / Vol. 88, No. 169 / Friday, September 1, 2023 / Proposed Rules Comments Invited The FAA invites you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under ADDRESSES. Include ‘‘Docket No. FAA–2023–1812; Project Identifier MCAI–2023–00726–A’’ at the beginning of your comments. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. The FAA will consider all comments received by the closing date and may amend this proposal because of those comments. Except for Confidential Business Information (CBI) as described in the following paragraph, and other information as described in 14 CFR 11.35, the FAA will post all comments received, without change, to regulations.gov, including any personal information you provide. The agency will also post a report summarizing each substantive verbal contact received about this NPRM. lotter on DSK11XQN23PROD with PROPOSALS1 Confidential Business Information CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this NPRM contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this NPRM, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as ‘‘PROPIN.’’ The FAA will treat such marked submissions as confidential under the FOIA, and they will not be placed in the public docket of this NPRM. Submissions containing CBI should be sent to Chirayu Gupta, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590. Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking. Background Transport Canada, which is the aviation authority for Canada, has issued Transport Canada AD CF–2021– 24, dated July 21, 2021 (referred to after this as the MCAI), to correct an unsafe VerDate Sep<11>2014 16:27 Aug 31, 2023 Jkt 259001 condition on all Diamond Aircraft Industries Inc. Model DA 40, DA 40 D, DA 40 F, DA 40 NG, and DA 62 airplanes. The MCAI states Diamond Aircraft Industries Inc. received reports of defective buckles installed on the baggage nets on DA 40 NG and DA 62 airplanes. An investigation revealed a quality issue during the manufacturing of the Quick Fix Baggage Net Assembly, part number (P/N) D44–2550–90–00 and P/N D67–2550–90–00_02, by the supplier. P/N D44–2550–90–00 baggage nets can also be installed on DA 40, DA 40 D, and DA 40 F airplanes. The baggage nets installed with defective buckles may not maintain sufficient holding force to restrain the baggage or cargo that is carried in the same compartment as passengers. Consequently, they may not provide adequate means to protect the passengers from injury. This condition, if not corrected, could result in the failure of the baggage net to restrain the baggage or cargo, which could lead to injury to the occupants in the case of an emergency landing. The MCAI mandates the removal and replacement of the affected baggage nets. The MCAI also renders any affected baggage nets not eligible for installation as a replacement part on Diamond Aircraft Industries Inc. Model DA 40, DA 40 D, DA 40 F, DA 40 NG, and DA 62 airplanes. Previously, the FAA issued AD 2022– 13–06, Amendment 39–22092 (87 FR 40435, July 7, 2022) (AD 2022–13–06) to address the unsafe condition on all Diamond Aircraft Industries Inc. Model DA 40, DA 40 F, and DA 40 NG airplanes (including Model DA 40 D airplanes that have been converted to Model DA 40 NG airplanes). AD 2022– 13–06 requires removing and replacing the affected baggage nets. The Diamond Aircraft Industries Inc. Model DA 62 airplanes were not included in AD 2022–13–06. This proposed AD would require these same actions on the Diamond Aircraft Industries Inc. Model DA 62 airplanes. The FAA is proposing this AD to prevent failure of the baggage net to restrain the baggage or cargo. This unsafe condition, if not corrected, could result in injury to occupants in the case of an emergency landing. You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA–2023–1812. PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 60407 Related Service Information Under 1 CFR Part 51 The FAA reviewed Diamond Aircraft Industries Mandatory Service Bulletin MSB 62–028, Rev. 1, dated July 6, 2021, which specifies procedures for identifying, removing, and replacing the affected baggage nets. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in ADDRESSES. FAA’s Determination These products have been approved by the aviation authority of another country, and are approved for operation in the United States. Pursuant to the FAA’s bilateral agreement with this State of Design Authority, it has notified the FAA of the unsafe condition described in the MCAI and service information referenced above. The FAA is issuing this NPRM after determining that the unsafe condition described previously is likely to exist or develop on other products of the same type design. Proposed AD Requirements in This NPRM This proposed AD would require accomplishing the actions specified in the MCAI, except as discussed under ‘‘Differences Between this Proposed AD and the MCAI.’’ Differences Between This Proposed AD and the MCAI The MCAI applies to Diamond Aircraft Industries Inc. Model DA 40, DA 40 D, DA 40 F, DA 40 NG, and DA 62 airplanes. This proposed AD would only apply to Diamond Aircraft Industries Inc. Model DA 62 airplanes and would not apply to Model DA 40, DA 40 F, and DA 40 NG airplanes because those airplanes are already covered by AD 2022–13–06. This proposed AD would not apply to Model DA 40 D airplanes because that model does not have an FAA type certificate. Costs of Compliance The FAA estimates that this AD, if adopted as proposed, would affect 81 airplanes of U.S. registry. The FAA estimates the following costs to comply with this proposed AD: E:\FR\FM\01SEP1.SGM 01SEP1 60408 Federal Register / Vol. 88, No. 169 / Friday, September 1, 2023 / Proposed Rules ESTIMATED COSTS Action Labor cost Replace baggage net ...................................... 0.25 work-hour × $85 per hour = $21.25 ....... Authority for This Rulemaking Title 49 of the United States Code specifies the FAA’s authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency’s authority. The FAA is issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: General requirements. Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings The FAA determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this proposed regulation: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866, (2) Would not affect intrastate aviation in Alaska, and (3) Would not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. lotter on DSK11XQN23PROD with PROPOSALS1 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: VerDate Sep<11>2014 16:27 Aug 31, 2023 Jkt 259001 Parts cost 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 airworthiness directive: ■ Diamond Aircraft Industries Inc.: Docket No. FAA–2023–1812; Project Identifier MCAI–2023–00726–A. (a) Comments Due Date The FAA must receive comments on this airworthiness directive (AD) by October 16, 2023. (b) Affected ADs AD 2022–13–06, Amendment 39–22092 (87 FR 40435, July 7, 2022) is related to this AD. (c) Applicability This AD applies to Diamond Aircraft Industries Inc. Model DA 62 airplanes, all serial numbers, certificated in any category. (d) Subject Joint Aircraft System Component (JASC) Code 2550, Cargo Compartments. (e) Unsafe Condition This AD was prompted by reports of baggage nets installed with defective buckles. The FAA is issuing this AD to prevent failure of the baggage net to restrain the baggage or cargo. The unsafe condition, if not addressed, could result in injury to occupants in the case of an emergency landing. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Definition The following are ‘‘affected baggage nets’’ for purposes of this AD: Quick fix baggage net assembly part number D67–2550–90–00_ 02 with a date of manufacture of June 2016. (h) Required Actions (1) Within 12 months after the effective date of this AD or within 50 hours time-inservice after the effective date of this AD, whichever occurs first, inspect each baggage net to determine whether an affected baggage net is installed on your airplane. Note 1 to paragraph (h)(1): The date of manufacture is located on the label with the abbreviation ‘‘DMF.’’ (i) If an affected baggage net is installed, before further flight, remove the baggage net from service. PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 $441 Cost per product $462.25 Cost on U.S. operators $37,442.25 (ii) Before the next flight carrying baggage or cargo in the baggage compartment, install a baggage net that is not an affected baggage net in accordance with Figure 1 of the Accomplishment Instructions in Diamond Aircraft Industries Mandatory Service Bulletin MSB 62–028, Rev. 1, dated July 6, 2021. (2) As of the effective date of this AD, do not install an affected baggage net on any airplane. (i) Alternative Methods of Compliance (AMOCs) The Manager, International Validation Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the International Validation Branch, mail it to the address identified in paragraph (j)(2) of this AD or email to: 9AVS-AIR-730-AMOC@faa.gov. If mailing information, also submit information by email. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office. (j) Additional Information (1) Refer to Transport Canada AD CF– 2021–24, dated July 21, 2021, for related information. This Transport Canada AD may be found in the AD docket at regulations.gov under Docket No. FAA–2023–1812. (2) For more information about this AD, contact Chirayu Gupta, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (516) 228– 7300; email: chirayu.a.gupta@faa.gov. (k) 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. (i) Diamond Aircraft Industries Mandatory Service Bulletin MSB 62–028, Rev. 1, dated July 6, 2021. (ii) [Reserved] (3) For service information identified in this AD, contact Diamond Aircraft Industries Inc., Att: Thit Tun, 1560 Crumlin Road, London, N5V 1S2, Canada; phone: (519) 457– 4000; email: t.tun@diamondaircraft.com; website: diamondaircraft.com. (4) You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 901 Locust, Kansas City, MO 64106. For information on E:\FR\FM\01SEP1.SGM 01SEP1 Federal Register / Vol. 88, No. 169 / Friday, September 1, 2023 / Proposed Rules the availability of this material at the FAA, call (817) 222–5110. (5) 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, email: fr.inspection@nara.gov, or go to: www.archives.gov/federal-register/cfr/ibrlocations.html. Issued on August 28, 2023. Victor Wicklund, Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2023–18827 Filed 8–31–23; 8:45 am] II. Analysis of the Regulations BILLING CODE 4910–13–P Section 1406.1 Service FEDERAL MEDIATION AND CONCILIATION SERVICE Paragraphs (a) through (g) set forth general terms of service applicable to all FMCS services. More specifically: Paragraph (a) explains that when FMCS services are chosen, recipients of the services agree to abide by the terms as well as any other terms of services provided by FMCS and will hold FMCS and any FMCS neutral harmless. Paragraph (b) notes FMCS will determine the date, time, and manner of services in accordance with applicable statutes and regulations. Paragraph (d) explains that any person shadowing an FMCS neutral agrees to be bound by the same confidentiality standards as the FMCS neutral, which will be honored by the parties. Paragraph (e) notes that FMCS recognizes the importance of mediator confidentiality, and as such FMCS will not produce materials related to a mediation, with some exceptions. Paragraph (f) states that’s the section does not negate or modify FMCS’s Confidential Commercial Information (CCI) regulation. Paragraph (g) discusses that FMCS will make the terms publicly available and make a copy available to all parties upon request. 29 CFR Part 1406 RIN 3076–AA26 FMCS Terms of Service Federal Mediation and Conciliation Service. ACTION: Notice of proposed rulemaking. AGENCY: The Federal Mediation and Conciliation Service (FMCS) is issuing this proposed rule for FMCS clients. This rulemaking sets forth terms for FMCS’s provision of services. This rulemaking further expounds upon confidentiality rules associated with FMCS’s services. DATES: Comments must be submitted on or before October 31, 2023. ADDRESSES: You may submit comments, in writing, to FMCS on this proposed rule, identified by RIN 3076–AA26, by any of the following methods: • Email: register@fmcs.gov. Include the reference ‘‘Proposed Rule FMCS Terms of Service, RIN 3076–AA26’’ in the subject line of the message. • Mail: FMCS, One Independence Square, 250 E Street SW, Washington, DC 20427, Attention: Alisa Zimmerman, Deputy General Counsel. FOR FURTHER INFORMATION CONTACT: Alisa Zimmerman, Deputy General Counsel, Office of General Counsel, Federal Mediation and Conciliation Service, 250 E St SW, Washington, DC 20427; Office/Fax/Mobile 202–606– 5488; azimmerman@fmcs.gov. SUPPLEMENTARY INFORMATION: SUMMARY: lotter on DSK11XQN23PROD with PROPOSALS1 communication, and responsive strategies. Through our mission, FMCS provides professional services to a wide range of Federal, state, and local government agencies to resolve disputes, design conflict management systems, build capacity for constructive conflict management, and strengthen inter-agency and public-private cooperation. In offering these services, FMCS recipients must agree to abide by the proposed rule to preserve the integrity of the provided services. I. Background The Federal Mediation and Conciliation Service (FMCS) works to build better, more effective workplace relationships and mitigate the damage from inevitable conflict through preventive dialogue, honest VerDate Sep<11>2014 16:27 Aug 31, 2023 Jkt 259001 General Terms of Section 1406.2 Terms of Service for Mediation, Facilitation, and Other Alternative Dispute Resolution Services Paragraphs (a) through (g) sets forth additional terms of service specific to mediation, facilitation, & other alternative dispute resolution services provided by FMCS. Section 1406.3 Virtual Services— Additional Terms of Service Paragraphs (a) through (c) set forth additional terms of service specific to virtual services provided by FMCS. Section 1406.4 Grievance Mediation and Federal Sector Inter-Agency Agreement Mediation—Additional Terms of Service Paragraphs (a) through (e) set forth additional terms of service specific to grievance mediations and Federal sector inter-agency agreement mediations provided by FMCS. PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 Section 1406.5 60409 Training and Outreach This section sets forth additional terms of service specific to training and outreach presentations provided by FMCS. III. Matters of Regulatory Procedure Administrative Procedure Act Under 5 U.S.C. 553(a)(2), rules relating to agency management or personnel are exempt from the notice and comment rulemaking requirements of the Administrative Procedure Act (APA). In addition, under 5 U.S.C. 553(b)(3)(A), notice and comment rulemaking requirements do not apply to rules concerning matters of agency organization, procedure, or practice. Given that the rule concerns matters of agency management or personnel, and organization, procedure, or practice, the notice and comment requirements of the APA do not apply here. Nor is a public hearing required under 45 U.S.C. 160a. In issuing a proposed rule on this matter, FMCS, will consider all written comments on this proposed rule that are submitted by the October 31, 2023 due date. Executive Order 12866 This proposed rule is not a significant rule for purposes of Executive Order 12866 and has not been reviewed by the Office of Management and Budget. Regulatory Flexibility Act FMCS has determined under the Regulatory Flexibility Act, 5 U.S.C. chapter 6, that this proposed rule would not have a significant economic impact on a substantial number of small entities because it would primarily affect FMCS employees. Paperwork Reduction Act The Paperwork Reduction Act, 44 U.S.C. chapter 35, does not apply to this proposed rule because it does not contain any information collection requirements that would require the approval of the Office of Management and Budget. Congressional Review Act FMCS has determined that this proposed rule does not meet the definition of a rule, as defined by the Congressional Review Act, 5 U.S.C. chapter 8, and thus does not require review by Congress. List of Subjects in 29 CFR Part 1406 Administrative practice and procedure, Labor management relations. For the reasons discussed in the preamble, FMCS proposes to amend 29 CFR chapter XII by adding part 1406 to read as follows: E:\FR\FM\01SEP1.SGM 01SEP1

Agencies

[Federal Register Volume 88, Number 169 (Friday, September 1, 2023)]
[Proposed Rules]
[Pages 60406-60409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18827]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1812; Project Identifier MCAI-2023-00726-A]
RIN 2120-AA64


Airworthiness Directives; Diamond Aircraft Industries Inc. 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Diamond Aircraft Industries Inc. Model DA 62 airplanes. This 
proposed AD was prompted by reports of baggage nets installed with 
defective buckles, which may result in failure of the baggage net to 
restrain the baggage or cargo, which could lead to injury to the 
occupants in the case of an emergency landing. This proposed AD would 
require identifying and replacing the affected part. The FAA is 
proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this NPRM by October 16, 2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to 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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1812; or in person at Docket Operations between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this NPRM, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For service information identified in this NPRM, contact 
Diamond Aircraft Industries Inc., Att: Thit Tun, 1560 Crumlin Road, 
London, N5V 1S2, Canada; phone: (519) 457-4000; email: 
diamondaircraft.com">t.tun@diamondaircraft.com; website: diamondaircraft.com.
     You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 901 Locust, 
Kansas City, MO 64106. For information on the availability of this 
material at the FAA, call (817) 222-5110.

FOR FURTHER INFORMATION CONTACT: Chirayu Gupta, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
phone: (516) 228-7300; email: [email protected].

SUPPLEMENTARY INFORMATION:

[[Page 60407]]

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2023-1812; Project Identifier 
MCAI-2023-00726-A'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to 
Chirayu Gupta, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, 
Suite 410, Westbury, NY 11590. Any commentary that the FAA receives 
which is not specifically designated as CBI will be placed in the 
public docket for this rulemaking.

Background

    Transport Canada, which is the aviation authority for Canada, has 
issued Transport Canada AD CF-2021-24, dated July 21, 2021 (referred to 
after this as the MCAI), to correct an unsafe condition on all Diamond 
Aircraft Industries Inc. Model DA 40, DA 40 D, DA 40 F, DA 40 NG, and 
DA 62 airplanes.
    The MCAI states Diamond Aircraft Industries Inc. received reports 
of defective buckles installed on the baggage nets on DA 40 NG and DA 
62 airplanes. An investigation revealed a quality issue during the 
manufacturing of the Quick Fix Baggage Net Assembly, part number (P/N) 
D44-2550-90-00 and P/N D67-2550-90-00_02, by the supplier. P/N D44-
2550-90-00 baggage nets can also be installed on DA 40, DA 40 D, and DA 
40 F airplanes. The baggage nets installed with defective buckles may 
not maintain sufficient holding force to restrain the baggage or cargo 
that is carried in the same compartment as passengers. Consequently, 
they may not provide adequate means to protect the passengers from 
injury. This condition, if not corrected, could result in the failure 
of the baggage net to restrain the baggage or cargo, which could lead 
to injury to the occupants in the case of an emergency landing. The 
MCAI mandates the removal and replacement of the affected baggage nets. 
The MCAI also renders any affected baggage nets not eligible for 
installation as a replacement part on Diamond Aircraft Industries Inc. 
Model DA 40, DA 40 D, DA 40 F, DA 40 NG, and DA 62 airplanes.
    Previously, the FAA issued AD 2022-13-06, Amendment 39-22092 (87 FR 
40435, July 7, 2022) (AD 2022-13-06) to address the unsafe condition on 
all Diamond Aircraft Industries Inc. Model DA 40, DA 40 F, and DA 40 NG 
airplanes (including Model DA 40 D airplanes that have been converted 
to Model DA 40 NG airplanes). AD 2022-13-06 requires removing and 
replacing the affected baggage nets. The Diamond Aircraft Industries 
Inc. Model DA 62 airplanes were not included in AD 2022-13-06. This 
proposed AD would require these same actions on the Diamond Aircraft 
Industries Inc. Model DA 62 airplanes.
    The FAA is proposing this AD to prevent failure of the baggage net 
to restrain the baggage or cargo. This unsafe condition, if not 
corrected, could result in injury to occupants in the case of an 
emergency landing.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1812.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Diamond Aircraft Industries Mandatory Service 
Bulletin MSB 62-028, Rev. 1, dated July 6, 2021, which specifies 
procedures for identifying, removing, and replacing the affected 
baggage nets.
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in ADDRESSES.

FAA's Determination

    These products have been approved by the aviation authority of 
another country, and are approved for operation in the United States. 
Pursuant to the FAA's bilateral agreement with this State of Design 
Authority, it has notified the FAA of the unsafe condition described in 
the MCAI and service information referenced above. The FAA is issuing 
this NPRM after determining that the unsafe condition described 
previously is likely to exist or develop on other products of the same 
type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in the MCAI, except as discussed under ``Differences Between this 
Proposed AD and the MCAI.''

Differences Between This Proposed AD and the MCAI

    The MCAI applies to Diamond Aircraft Industries Inc. Model DA 40, 
DA 40 D, DA 40 F, DA 40 NG, and DA 62 airplanes. This proposed AD would 
only apply to Diamond Aircraft Industries Inc. Model DA 62 airplanes 
and would not apply to Model DA 40, DA 40 F, and DA 40 NG airplanes 
because those airplanes are already covered by AD 2022-13-06. This 
proposed AD would not apply to Model DA 40 D airplanes because that 
model does not have an FAA type certificate.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 81 airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this proposed 
AD:

[[Page 60408]]



                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Replace baggage net...................  0.25 work-hour x $85 per            $441         $462.25      $37,442.25
                                         hour = $21.25.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: General requirements. 
Under that section, Congress charges the FAA with promoting safe flight 
of civil aircraft in air commerce by prescribing regulations for 
practices, methods, and procedures the Administrator finds necessary 
for safety in air commerce. This regulation is within the scope of that 
authority because it addresses an unsafe condition that is likely to 
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

Diamond Aircraft Industries Inc.: Docket No. FAA-2023-1812; Project 
Identifier MCAI-2023-00726-A.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by October 16, 2023.

(b) Affected ADs

    AD 2022-13-06, Amendment 39-22092 (87 FR 40435, July 7, 2022) is 
related to this AD.

(c) Applicability

    This AD applies to Diamond Aircraft Industries Inc. Model DA 62 
airplanes, all serial numbers, certificated in any category.

(d) Subject

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

(e) Unsafe Condition

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

(f) Compliance

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

(g) Definition

    The following are ``affected baggage nets'' for purposes of this 
AD: Quick fix baggage net assembly part number D67-2550-90-00_02 
with a date of manufacture of June 2016.

(h) Required Actions

    (1) Within 12 months after the effective date of this AD or 
within 50 hours time-in-service after the effective date of this AD, 
whichever occurs first, inspect each baggage net to determine 
whether an affected baggage net is installed on your airplane.

    Note 1 to paragraph (h)(1): The date of manufacture is located 
on the label with the abbreviation ``DMF.''

    (i) If an affected baggage net is installed, before further 
flight, remove the baggage net from service.
    (ii) Before the next flight carrying baggage or cargo in the 
baggage compartment, install a baggage net that is not an affected 
baggage net in accordance with Figure 1 of the Accomplishment 
Instructions in Diamond Aircraft Industries Mandatory Service 
Bulletin MSB 62-028, Rev. 1, dated July 6, 2021.
    (2) As of the effective date of this AD, do not install an 
affected baggage net on any airplane.

(i) Alternative Methods of Compliance (AMOCs)

    The Manager, International Validation Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the International Validation Branch, mail 
it to the address identified in paragraph (j)(2) of this AD or email 
to: [email protected]. If mailing information, also submit 
information by email. Before using any approved AMOC, notify your 
appropriate principal inspector, or lacking a principal inspector, 
the manager of the local flight standards district office/
certificate holding district office.

(j) Additional Information

    (1) Refer to Transport Canada AD CF-2021-24, dated July 21, 
2021, for related information. This Transport Canada AD may be found 
in the AD docket at regulations.gov under Docket No. FAA-2023-1812.
    (2) For more information about this AD, contact Chirayu Gupta, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: (516) 228-7300; email: 
[email protected].

(k) 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.
    (i) Diamond Aircraft Industries Mandatory Service Bulletin MSB 
62-028, Rev. 1, dated July 6, 2021.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact 
Diamond Aircraft Industries Inc., Att: Thit Tun, 1560 Crumlin Road, 
London, N5V 1S2, Canada; phone: (519) 457-4000; email: 
diamondaircraft.com">t.tun@diamondaircraft.com; website: diamondaircraft.com.
    (4) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 901 
Locust, Kansas City, MO 64106. For information on

[[Page 60409]]

the availability of this material at the FAA, call (817) 222-5110.
    (5) 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, email: [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on August 28, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-18827 Filed 8-31-23; 8:45 am]
BILLING CODE 4910-13-P
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