DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0450; Project Identifier MCAI-2021-00854-A;
Amendment 39-22092; AD 2022-13-06]
RIN 2120-AA64

Airworthiness Directives; Diamond Aircraft Industries Inc.
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Diamond Aircraft Industries Inc. Model DA 40, DA 40 F, and DA 40 NG
airplanes. 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 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 August 11, 2022.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of August 11,
2022.

ADDRESSES: 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. You may view this referenced 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.
Service information that is incorporated by reference is also available
at https://www.regulations.gov by searching for and locating Docket No.
FAA-2022-0450.

Examining the AD Docket

You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0450; 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
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.

FOR FURTHER INFORMATION CONTACT: Chirayu Gupta, Aviation Safety
Engineer, New York ACO Branch, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: (516) 228-7300; email:
Chirayu.A.Gupta@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 40, DA 40 F, and DA 40 NG airplanes. The NPRM
published in the Federal Register on April 8, 2022 (87 FR 20781). The
NPRM was prompted by MCAI originated by Transport Canada, which is the
aviation authority for Canada. Transport Canada issued AD CF-2021-24,
dated July 21, 2021 (referred to after this as ``the MCAI''), to
address 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. (DAI) has received reports of
defective buckles installed as part of the baggage nets on DA 40 NG
and DA 62 aeroplanes. An investigation revealed a quality escape in
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 aeroplanes. 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, and consequently, 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.
DAI undertook a voluntary campaign to replace all defective
Quick Fix Baggage Net Assemblies. However, DAI was unable to
complete the campaign in its entirety, and therefore, a number of
aeroplanes with defective baggage nets that have not yet been
replaced, remain in operation.
As a result, DAI issued Mandatory Service Bulletin (MSB) 40-093,
MSB D4-110, MSB F4-039, MSB 40NG-065 and MSB 62-028, providing
accomplishment instructions to replace the defective Quick Fix
Baggage Net Assemblies.
This [Transport Canada] AD mandates the removal and replacement
of the affected baggage nets. This [Transport Canada] AD also
renders any affected baggage nets not eligible for installation as a
replacement part on DA 40, DA 40 D, DA 40 F, DA 40 NG and DA 62
aeroplanes.

You may examine the MCAI in the AD docket at https://www.regulations.gov
by searching for and locating Docket No. FAA-2022-0450.
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.

Discussion of Final Airworthiness Directive

Comments

The FAA received one comment on the NPRM from an individual. The
commenter supported the NPRM without change.

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,
considered the comment received, 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 the following service information issued by
Diamond Aircraft Industries Inc., which specify procedures for
identifying, removing, and replacing the affected baggage nets.
Mandatory Service Bulletin No. MSB 40-093, Rev. 0, dated
July 6, 2021.
Mandatory Service Bulletin No. MSB F4-039, Rev. 0, dated
July 6, 2021.
Mandatory Service Bulletin No. MSB 40NG-065, Rev. 1, dated
July 6, 2021.
These documents are distinct since they apply to different airplane
models.
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 section.

Differences Between This AD and the MCAI or Service Information

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 does not apply
to Model DA 62 airplanes. The FAA plans to address Model DA 62
airplanes in future rulemaking.
In addition, the MCAI applies to the Model DA 40 D airplanes and
this AD does not because it does not have an FAA type certificate.

Costs of Compliance

The FAA estimates that this AD affects 800 airplanes of U.S.
registry.
The FAA estimates the following costs to comply with this AD:

Estimated Costs

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 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

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
directive: