(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 WIMSB 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 WIMSB 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 in-
cluding 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.
(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 re-
quested 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; tele-
phone: (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 http://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 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 copublished 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: http://www.diamond
aircraft.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: http://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.
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.
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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 http://
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: http://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: http://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 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 http://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
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 removing Amendment 39-17689 (78 FR
72568; December 3, 2013) and adding the following new AD:
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