Airworthiness Directives; Diamond Aircraft Industries Inc. Airplanes, 86819-86821 [2023-27523]
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Federal Register / Vol. 88, No. 240 / Friday, December 15, 2023 / Rules and Regulations
of Viking PSM 1–3–3 DHC–3 Otter Repair
Manual, dated August 1, 1963, and Part A,
step 9, of the Accomplishment Instructions
in Viking SB V3/0012.
(5) If any corrosion, wear, or fretting to any
engine mount pickup fitting is found during
the detailed visual inspection required by
paragraph (g)(1) of this AD, before further
flight, contact the Manager, International
Validation Branch, FAA; Transport Canada;
or Viking’s Transport Canada DAO to obtain
instructions for an approved repair and,
within the compliance timeframe specified
therein, do the repair. If approved by the
DAO, the approval must include the DAOauthorized signature. Alternatively, before
further flight, replace the engine mount
pickup fitting with a new or serviceable part
in accordance with Part A, step 10, of the
Accomplishment Instructions in Viking SB
V3/0012.
(h) Reporting Requirement
Report the inspection results from the
detailed visual inspection required by
paragraph (g)(1) of this AD at the applicable
time specified in paragraph (h)(1) or (2) of
this AD in accordance with Part A, step 14,
of the Accomplishment Instructions in
Viking SB V3/0012.
(1) For inspections done on or after the
effective date of this AD: Submit the report
within 30 days after the inspection.
(2) For inspections done before the
effective date of this AD: Submit the report
within 30 days after the effective date of this
AD.
ddrumheller on DSK120RN23PROD with RULES1
(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–
2022–41, dated August 4, 2022, for related
information. This Transport Canada AD may
be found in the AD docket at regulations.gov
under Docket No. FAA–2023–1821.
(2) For more information about this AD,
contact Yaser Osman, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; phone: (917) 348–
6266; email: Yaser.M.Osman@faa.gov.
(k) 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.
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15:56 Dec 14, 2023
Jkt 262001
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Viking PSM 1–3–3, DHC–3 Otter Repair
Manual, Part 1, dated August 1, 1963.
Note 1 to paragraph (k)(2)(i): Although the
document specified in paragraph (k)(2)(i) has
the watermarked words ‘‘Uncontrolled for
Reference Only’’ on the title page and each
page of the table of contents, and the
watermarked word ‘‘Uncontrolled’’ on each
page of Part 1, this is a current version of that
document.
(ii) Viking PSM 1–3–5, DHC–3 Otter
Supplemental Inspection and Corrosion
Control Manual, Revision IR, Part 1, dated
December 21, 2017.
(iii) Viking Service Bulletin V3/0012,
Revision NC, dated January 20, 2022.
(3) For Viking service information
identified in this AD, contact Viking Air
Limited Technical Support, 1959 de
Havilland Way, Sidney, British Columbia,
Canada, V8L 5V5; phone: (800) 663–8444;
fax: (403) 295–8888; email: dh_
technical.support@vikingair.com; website:
vikingair.com/support/service-bulletins.
(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
the availability of this material at the FAA,
call (817) 222–5110.
(5) You may view this material at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
visit www.archives.gov/federal-register/cfr/
ibr-locations or email fr.inspection@nara.gov.
Issued on November 3, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–27495 Filed 12–14–23; 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; Amendment
39–22602; AD 2023–22–18]
RIN 2120–AA64
Airworthiness Directives; Diamond
Aircraft Industries Inc. Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for all
Diamond Aircraft Industries Inc. Model
DA 62 airplanes. This 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
SUMMARY:
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86819
injury to the occupants in the case of an
emergency landing. This AD requires
identifying and replacing the affected
part. The FAA is issuing this AD to
address the unsafe condition on these
products.
DATES: This AD is effective January 19,
2024.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of January 19, 2024.
ADDRESSES:
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 final rule, the mandatory
continuing airworthiness information
(MCAI), any comments received, and
other information. The address for
Docket Operations is U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
Material Incorporated by Reference:
• For service information identified
in this final rule, 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. It is also available
at regulations.gov under Docket No.
FAA–2023–1812.
FOR FURTHER INFORMATION CONTACT:
Fatin Saumik, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: (516) 228–
7350; email: fatin.r.saumik@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to all Diamond Aircraft Industries
Inc. Model DA 62 airplanes. The NPRM
published in the Federal Register on
September 1, 2023 (88 FR 60406). The
NPRM was prompted by AD CF–2021–
24, dated July 21, 2021 (also referred to
as the MCAI), issued by Transport
Canada, which is the aviation authority
for Canada. The MCAI states Diamond
Aircraft Industries Inc. received reports
of defective buckles installed on the
baggage nets on DA 40 NG and DA 62
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86820
Federal Register / Vol. 88, No. 240 / Friday, December 15, 2023 / Rules and Regulations
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 AD requires these
same actions on the Diamond Aircraft
Industries Inc. Model DA 62 airplanes.
In the NPRM, the FAA proposed to
require identifying and replacing
affected baggage nets. The FAA is
issuing this AD to prevent failure of the
baggage net to restrain the baggage or
cargo. This unsafe condition, if not
corrected, could result in injury to
occupants in the case of an emergency
landing.
You may examine the MCAI in the
AD docket at regulations.gov under
Docket No. FAA–2023–1812.
to address the unsafe condition on these
products. This AD is adopted as
proposed in the NPRM.
Discussion of Final Airworthiness
Directive
Differences Between This AD and the
MCAI
Comments
The FAA received no comments on
the NPRM or on the determination of
the costs.
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 AD only applies to
Diamond Aircraft Industries Inc. Model
DA 62 airplanes and does 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 AD does not apply to Model DA 40
D airplanes because that model does not
have an FAA type certificate.
Conclusion
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 referenced
above. The FAA reviewed the relevant
data and determined that air safety
requires adopting this AD as proposed.
Accordingly, the FAA is issuing this AD
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.
Costs of Compliance
The FAA estimates that this AD
affects 81 airplanes of U.S. registry.
The FAA estimates the following
costs to comply with this AD:
ESTIMATED COSTS
Action
Labor cost
Parts cost
Cost per
product
Cost on U.S.
operators
Replace baggage net ......................................
0.25 work-hour × $85 per hour = $21.25 .......
$441
$462.25
$37,442.25
ddrumheller on DSK120RN23PROD with RULES1
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
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15:56 Dec 14, 2023
Jkt 262001
that authority because it addresses an
unsafe condition that is likely to exist or
develop on products identified in this
rulemaking action.
Regulatory Findings
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 that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Will not affect intrastate aviation
in Alaska, and
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(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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
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:
■
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15DER1
Federal Register / Vol. 88, No. 240 / Friday, December 15, 2023 / Rules and Regulations
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:
■
2023–22–18 Diamond Aircraft Industries
Inc: Amendment 39–22602; Docket No.
FAA–2023–1812; Project Identifier
MCAI–2023–00726–A.
(a) Effective Date
This airworthiness directive (AD) is
effective January 19, 2024.
(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.
ddrumheller on DSK120RN23PROD with RULES1
(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 the introductory text of
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.
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15:56 Dec 14, 2023
Jkt 262001
(i) Alternative Methods of Compliance
(AMOCs)
DEPARTMENT OF COMMERCE
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.
Bureau of Industry and Security
(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 Fatin Saumik, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; phone: (516) 228–
7350; email: fatin.r.saumik@faa.gov.
(k) 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 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
the availability of this material at the FAA,
call (817) 222–5110.
(5) You may view this material at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
visit www.archives.gov/federal-register/cfr/
ibr-locations or email fr.inspection@nara.gov.
Issued on November 3, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–27523 Filed 12–14–23; 8:45 am]
BILLING CODE 4910–13–P
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86821
15 CFR Parts 732, 734, 736, 740, 742,
744, 746, 748, 758, 770, 772, and 774
[Docket No. 231211–0298]
RIN 0694–AI94 and 0694–AJ23
Export Controls on Semiconductor
Manufacturing Items; Implementation
of Additional Export Controls: Certain
Advanced Computing Items;
Supercomputer and Semiconductor
End Use; Updates and Corrections;
Extension of Comment Period
Bureau of Industry and
Security, U.S. Department of Commerce.
ACTION: Extension of comment period.
AGENCY:
On October 25, 2023, the
Bureau of Industry and Security (BIS)
published in the Federal Register the
interim final rules (IFR), ‘‘Export
Controls on Semiconductor
Manufacturing Items’’ (SME IFR) and
‘‘Implementation of Additional Export
Controls: Certain Advanced Computing
Items; Supercomputer and
Semiconductor End Use; Updates and
Corrections’’ (AC/S IFR). This
notification extends the deadline for
submission of written comments on
both rules to January 17, 2024. BIS is
making this extension to allow
commenters to have additional time to
review the interim final rules and to
benefit from the significant amount of
public outreach that BIS is conducting
on the rules prior to preparing and
submitting their comments on the IFRs.
DATES: The comment period for the
interim final rules published on October
25, 2023, at 88 FR 73424 and 88 FR
73458, is extended until January 17,
2024.
SUMMARY:
Comments on the SME IFR
and the AC/S IFRs may be submitted to
the Federal rulemaking portal
(www.regulations.gov). The
regulations.gov IDs for these rules are:
• SME IFR: www.regulations.gov,
docket number BIS–2023–0016 (ref.
0694–AJ23)
• AC/S IFR: www.regulations.gov,
docket number BIS–2022–0025 (ref.
0694–AI94)
All filers using the portal should use
the name of the person or entity
submitting the comments as the name of
their files. Anyone submitting business
confidential information should clearly
identify the business confidential
portion of the submission at the time of
submission, file a statement justifying
nondisclosure and referring to the
ADDRESSES:
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]]>Agencies
[Federal Register Volume 88, Number 240 (Friday, December 15, 2023)]
[Rules and Regulations]
[Pages 86819-86821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27523]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1812; Project Identifier MCAI-2023-00726-A;
Amendment 39-22602; AD 2023-22-18]
RIN 2120-AA64
Airworthiness Directives; Diamond Aircraft Industries Inc.
Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Diamond Aircraft Industries Inc. Model DA 62 airplanes. This 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 AD requires identifying and replacing the
affected part. The FAA is issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective January 19, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 19,
2024.
ADDRESSES:
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 final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
Material Incorporated by Reference:
For service information identified in this final rule,
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. It is also available at
regulations.gov under Docket No. FAA-2023-1812.
FOR FURTHER INFORMATION CONTACT: Fatin Saumik, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone: (516) 228-7350; email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all Diamond Aircraft
Industries Inc. Model DA 62 airplanes. The NPRM published in the
Federal Register on September 1, 2023 (88 FR 60406). The NPRM was
prompted by AD CF-2021-24, dated July 21, 2021 (also referred to as the
MCAI), issued by Transport Canada, which is the aviation authority for
Canada. The MCAI states Diamond Aircraft Industries Inc. received
reports of defective buckles installed on the baggage nets on DA 40 NG
and DA 62
[[Page 86820]]
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 AD
requires these same actions on the Diamond Aircraft Industries Inc.
Model DA 62 airplanes.
In the NPRM, the FAA proposed to require identifying and replacing
affected baggage nets. The FAA is issuing this AD to prevent failure of
the baggage net to restrain the baggage or cargo. This unsafe
condition, if not corrected, could result in injury to occupants in the
case of an emergency landing.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-1812.
Discussion of Final Airworthiness Directive
Comments
The FAA received no comments on the NPRM or on the determination of
the costs.
Conclusion
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 referenced above. The FAA reviewed the relevant data and
determined that air safety requires adopting this AD as proposed.
Accordingly, the FAA is issuing this AD to address the unsafe condition
on these products. This AD is adopted as proposed in the NPRM.
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.
Differences Between This 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 AD only applies
to Diamond Aircraft Industries Inc. Model DA 62 airplanes and does 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 AD does 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 affects 81 airplanes of U.S.
registry.
The FAA estimates the following costs to comply with this AD:
Estimated Costs
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Replace baggage net................. 0.25 work-hour x $85 $441 $462.25 $37,442.25
per hour = $21.25.
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Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
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 that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
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:
[[Page 86821]]
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:
2023-22-18 Diamond Aircraft Industries Inc: Amendment 39-22602;
Docket No. FAA-2023-1812; Project Identifier MCAI-2023-00726-A.
(a) Effective Date
This airworthiness directive (AD) is effective January 19, 2024.
(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 the introductory text of 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 Fatin Saumik,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: (516) 228-7350; email:
[email protected].
(k) 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 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 the availability
of this material at the FAA, call (817) 222-5110.
(5) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].
Issued on November 3, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-27523 Filed 12-14-23; 8:45 am]
BILLING CODE 4910-13-P
