DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
14 CFR Part 39
[Docket No. FAA-2010-0845; Directorate Identifier 2010-CE-044-AD] RIN
2120-AA64
AIRWORTHINESS DIRECTIVES; Diamond Aircraft Industries GmbH Models DA 40
and DA 40F Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of Transportat-
ion (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Diamond Aircraft Industries GmbH Models DA 40 and DA 40F airplanes. This
proposed AD would change the emergency open doors procedure by
incorporation of a temporary revision into the FAA-approved airplane
flight manual for all airplanes. This proposed AD would also require
replacement of the passenger door retaining bracket with an improved
design retaining bracket for certain airplanes. This proposed AD results
from several reports of the rear passenger door departing the airplane in
flight. We are proposing this AD to change the emergency open doors
procedure and retrofit the rear passenger door retaining bracket, which if
not corrected could result in the rear passenger door departing the
airplane in flight.
DATES: We must receive comments on this proposed AD by October 12, 2010.
ADDRESSES: Use one of the following addresses to comment on this proposed
AD:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the
instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
For service information identified in this proposed AD, contact Diamond
Aircraft Industries GmbH, N.A. Otto-Stra[szlig]e 5, A-2700 Wiener
Neustadt, Austria, telephone: +43 2622 26700; fax: +43 2622 26780; e-mail:
office@diamond-air.at; Internet: http://www.diamond- air.at.
FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone: (816) 329-4144; fax: (816) 329-4090; e-mail:
mike.kiesov@faa.gov.
SUPPLEMENTARY INFORMATION:
COMMENTS INVITED
We invite you to send any written relevant data, views, or arguments
regarding this proposed AD. Send your comments to an address listed under
the ADDRESSES section. Include the docket number, "FAA-2010-0845;
Directorate Identifier 2010-CE-044-AD" at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of the proposed AD. We will consider all
comments received by the closing date and may amend the proposed AD in
light of those comments.
We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive concerning this proposed AD.
DISCUSSION
We have received information from Diamond Aircraft Industries GmbH that
the Models DA 40 and DA 40F airplanes have had an estimated 31 rear
passenger doors depart the airplane while in flight. They also estimate an
additional 18 doors have been replaced because of damage to the hinge,
primarily due to wind gust conditions while the airplane is parked.
Diamond Aircraft Industries GmbH conducted a structural test to determine
the root cause of the door opening in flight. The test concluded that the
locking mechanism provided adequate strength to react the loads in flight.
They determined that the root cause was the crew not properly securing the
rear passenger door prior to flight.
Models DA 40 and DA 40F airplanes do have a secondary safety latch design
feature. The initial intended design function of this latch was to hold
the rear passenger door in the "near closed" position while on the ground,
protecting the door from wind gusts. However, the original retainer
bracket might not hold the door in this "near closed" position while in
flight. Diamond Aircraft Industries GmbH has designed an improved retainer
bracket to prevent the passenger rear door fully opening in flight. In
addition, they have revised the emergency door open procedure.
This condition, if not corrected, could result in the rear passenger door
departing the airplane in flight.
RELEVANT SERVICE INFORMATION
We have reviewed Diamond Aircraft Industries GmbH Mandatory Service
Bulletin NO. MSB 40-070/NO. MSB D4-079/NO. MSB F4-024, dated April 30,
2010; and Diamond Aircraft Industries GmbH Work Instruction WI-MSB 40
-070/WI-MSB D4-079/WI-MSB F4-024, dated April 30, 2010.
The service information describes procedures for replacement of the
passenger door retaining bracket with an improved design retaining
bracket.
FAA'S DETERMINATION AND REQUIREMENTS OF THE PROPOSED AD
We are proposing this AD because we evaluated all information and
determined the unsafe condition described previously is likely to exist or
develop on other products of the same type design. This proposed AD would
require a retrofit of the rear passenger door retaining bracket for
certain airplanes. This proposed AD would also change the emergency open
doors procedure by incorporation of a temporary revision into the FAA
-approved airplane flight manual for all airplanes.
COSTS OF COMPLIANCE
We estimate that this proposed AD would affect 699 airplanes in the U.S.
registry.
We estimate the following costs to do the proposed revision to the
airplane flight manual:
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TOTAL COST ON
LABOR COST PARTS COST TOTAL COST U.S.
PER AIRPLANE OPERATORS
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.5 work-hour x
$85 per hour = $42.50.. Not Applicable.. $42.50 $29,707.50
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We estimate the following costs to do the proposed retrofit of the
passenger door retaining bracket. We estimate that this would affect 428
airplanes in the U.S. registry:
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TOTAL COST ON
LABOR COST PARTS COST TOTAL COST U.S.
PER AIRPLANE OPERATORS
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2 work-hours x
$85 per hour = $170.00.. $75.00 $245.00 $104,860.00
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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.
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 dev-
elop on products identified in this rulemaking action.
REGULATORY FINDINGS
We have determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not have
a substantial direct effect on the States, on the relationship between the
national Government and the States, or on the distribution of power and
responsibilities among the various levels of government.
For the reasons discussed above, I certify that the proposed regulation:
1. Is not a "significant regulatory action" under Executive Order 12866;
2. Is not a "significant rule" under the DOT Regulatory Policies and Proc-
edures (44 FR 11034, February 26, 1979); and
3. Will not have a significant economic impact, positive or negative, on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to comply with
this proposed AD and placed it in the AD docket.
EXAMINING THE AD DOCKET
You may examine the AD docket that contains the proposed AD, the
regulatory evaluation, any comments received, and other information on the
Internet at http://www.regulations.gov; or in person at the Docket
Management Facility between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Docket Office (telephone (800) 647-5527) is
located at the street address stated in the ADDRESSES section. Comments
will be available in the AD docket shortly after receipt.
LIST OF SUBJECTS IN 14 CFR PART 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference,
Safety.
THE PROPOSED AMENDMENT
Accordingly, under the authority delegated to me by the Administrator, the
FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
SEC. 39.13 [AMENDED]
2. The FAA amends Sec. 39.13 by adding the following new AD: