DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0644; Product Identifier 2019-CE-057-AD; Amendment
39-21160; AD 2020-14-06]
Airworthiness Directives; Diamond Aircraft Industries Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
SUMMARY: The FAA is adopting a new airworthiness directive (AD)
Diamond Aircraft Industries Models DA 40, DA 40 F, and DA 40 NG
airplanes. This AD results from mandatory continuing airworthiness
information (MCAI) issued by the aviation authority of another country
to identify and correct an unsafe condition on an aviation product. The
MCAI describes the unsafe condition as deterioration of the fuel tank
connection hoses that could result in restriction of fuel flow leading
to fuel starvation and reduced control of the airplane. The FAA is
issuing this AD to require actions to address the unsafe condition on
DATES: This AD is effective August 4, 2020.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of August 4,
The FAA must receive comments on this AD by August 31, 2020.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow
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 AD, contact Customer
Support, Diamond Aircraft Industries, Inc., 1560 Crumlin Sideroad,
London, Ontario, Canada, N5V 1S2; Phone: (519) 457-4041, Fax: (519)
457-4045; Email: firstname.lastname@example.org. You may view this
referenced service information at the FAA, Airworthiness Products
Section, Operational Safety Branch, 901 Locust, Kansas City, Missouri
64106. For information on the availability of this material at the FAA,
call (816) 329-4148. It is also available on the internet at https://www.
regulations.gov by searching for and locating Docket No. FAA-2020-0644.
Examining the AD Docket
You may examine the AD docket on the internet at https://www.regulations.
gov by searching for and locating Docket No. FAA-2020-
0644; 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 AD, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations is listed above.
Comments will be available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Joseph Catanzaro, Aerospace Engineer,
FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, New
York 11590; telephone: (516) 287-7366; fax: (516) 794-5531; email:
Transport Canada, which is the aviation authority for Canada, has
issued AD No. CF-2019-39, dated October 31, 2019 (referred to after
this as ``the MCAI''), to correct an unsafe condition for Diamond
Aircraft Industries Models DA 40, DA 40 D, DA 40 F, and DA 40 NG
airplanes. The MCAI states:
Diamond Aircraft Industries (DAI) has received reports of fuel
tank connection hose deterioration on the DA 40 aeroplanes. In a
number of cases, rubber parts from the hoses were found in the fuel
tank and gascolator. Investigation determined that the affected
connection hoses originated from two isolated batches. Some of the
affected hoses were installed on aeroplanes during production, while
others were sold as replacement parts.
Deterioration of fuel tank connection hoses, if not corrected,
could result in contamination of the fuel system and restriction of
fuel flow, leading to fuel starvation and reduced control of the
To address this unsafe condition, DAI issued Mandatory Service
Bulletins (MSBs) to provide instructions for identifying and
replacing the affected parts. The MSBs also provide instructions to
inspect the fuel tank chambers and remove rubber parts that have
detached from the hoses. This AD mandates replacement of the
affected parts, associated inspections and corrective actions
detailed in the MSBs.
You may examine the MCAI on the internet at https://www.regulations.gov
by searching for and locating Docket No. FAA-2020-0644.
Related Service Information Under 1 CFR Part 51
The FAA reviewed the following Diamond Aircraft Industries
Mandatory Service Bulletins: MSB 40-087, Revision 3, dated November 5,
2019, for the Model DA 40 airplanes; MSB F4-037, Revision 3, dated
November 5, 2019, for the Model DA 40 F airplanes; and MSB 40NG-064,
Revision 2, dated August 29, 2019, for the Model DA 40 NG airplanes.
The FAA also reviewed the following Diamond Aircraft Industries Work
Instructions: WI-MSB 40-087, Revision 0, dated July 1, 2019, for the
Model DA 40 airplanes; WI-MSB F4-037, Revision 0, dated July 1, 2019,
for the Model DA 40 F airplanes; and WI-MSB 40NG-064, Revision 0, dated
July 1, 2019, for the Model DA 40 NG airplanes. In combination for the
applicable model airplane, the service bulletins and work instructions
contain procedures for identifying and replacing affected parts,
inspecting the fuel tank chambers, and removing rubber material that
has detached from the hoses. 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 the ADDRESSES
FAA's Determination and Requirements of the AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our 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 AD
because the FAA evaluated all information provided by the State of
Design Authority and determined the unsafe condition exists and is
likely to exist or develop on other products of the same type design.
FAA's Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because
deterioration of fuel tank connection hoses could result in
contamination of the fuel system and restriction of fuel flow,
resulting in fuel starvation and reduced control of the airplane.
Additionally, the compliance time for the required actions is shorter
than the time necessary for the public to comment and for publication
of the final rule. Therefore, the FAA finds good cause that notice and
opportunity for prior public comment are impracticable. In addition,
for the reasons stated above, the FAA finds that good cause exists for
making this amendment effective in less than 30 days.
This AD is a final rule that involves requirements affecting flight
safety, and the FAA did not precede it by notice and opportunity for
public comment. The FAA invites you to send any written relevant data,
views, or arguments about this AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2020-0644;
Product Identifier 2019-CE-057-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this AD. The FAA will
consider all comments received by the closing date and may amend this
AD because of those comments.
The FAA will post all comments it receives, without change, to
https://www.regulations.gov, including any personal information you
provide. The FAA will also post a report summarizing each substantive
verbal contact it receives about this AD.
Costs of Compliance
The FAA estimates that this AD will affect 737 products of U.S.
registry. The FAA also estimates that it would take about 16 work-hours
per product to comply with the requirements of this AD. The average
labor rate is $85 per work-hour. Required parts would cost about $48
Based on these figures, the FAA estimates the cost of the AD on
U.S. operators to be $1,408 per airplane, or $1,037,696 for the U.S.
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 Flexibility Act
The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because the FAA has determined
that it has good cause to adopt this rule without notice and comment,
RFA analysis is not required.
The FAA determined that this proposed 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, and
(2) Will not affect intrastate aviation in Alaska.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
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 adding the following new airworthiness