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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-0991; Project Identifier MCAI-2024-00051-A;
Amendment 39-22724; AD 2024-07-03]
RIN 2120-AA64
Airworthiness Directives; Diamond Aircraft Industries Inc.
Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD)
for
certain Diamond Aircraft Industries Inc. Model DA 62 airplanes. This AD
was prompted by a report that certain revisions of the airplane
maintenance manual (AMM) specified incorrect torque values for the
horizontal stabilizer attachment bolts. This AD requires reviewing the
airplane maintenance records to determine the torque values for the
horizontal stabilizer attachment bolts and torquing the horizontal
stabilizer attachment bolts to the correct torque value if necessary.
The FAA is issuing this AD to address the unsafe condition on these
products.
DATES: This AD is effective April 24, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 24,
2024.
The FAA must receive comments on this AD by May 24, 2024.
ADDRESSES: You may send comments, using the procedures found in
14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to 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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2024-0991; 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
street address for Docket Operations is listed above.
Material Incorporated by Reference:
For service information contact Diamond Aircraft
Industries Inc., 1560 Crumlin Road, London, N5V 1S2, Canada; phone:
(519) 457-4041; email: support-canada@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-2024-0991.
FOR FURTHER INFORMATION CONTACT: Isabel Saltzman, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone: (781) 238-7649; email: isabel.l.saltzman@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2024-0991; Project Identifier MCAI-
2024-00051-A'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this final rule.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Isabel
Saltzman, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590. Any commentary that the FAA receives which is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.
Background
Transport Canada, which is the aviation authority for Canada, has
issued Transport Canada AD CF-2024-02, dated January 12, 2024 (also
referred to as the MCAI), to correct an unsafe condition on Diamond
Aircraft Industries Inc. Model DA 62 airplanes, serial numbers 62.C001
through 62.C044 and 62.008 through 62.203. The MCAI states that the DA
62 AMM initially specified standard torque values for the horizontal stabilizer
attachment bolts but these attachment bolts were designed to require a
higher torque value and the AMM was updated to include the correct
torque value. During the time the DA 62 AMM specified the lower,
incorrect torque value, there could have been occurrences where the
removal of the horizontal stabilizer attachment bolts was required, and
the lower torque value was used for the installation of the horizontal
stabilizer attachment bolts.
The FAA is issuing this AD to address incorrect torque values for
the horizontal stabilizer attachment bolts. The unsafe condition, if
not addressed, could result in premature wearing of the horizontal
stabilizer attachment bolts, loss of structural integrity of the
horizontal stabilizer, subsequent separation of the horizontal
stabilizer from the fuselage, and loss of control of the airplane.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2024-0991.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Diamond Aircraft Industries Work Instruction WI-
MSB-62-052, Revision 0, dated September 18, 2023, attached to Diamond
Aircraft Industries Mandatory Service Bulletin MSB 62-052, Revision 0,
dated September 18, 2023 (issued as one document), which specifies
procedures for reviewing the aircraft technical records to determine if
the horizontal stabilizer bolts were last torqued to 45 newton meters
(Nm) and torquing the horizontal stabilizer attachment bolts to 45 Nm.
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.
FAA's Determination
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 and service information referenced above. The FAA is issuing
this AD after determining that the unsafe condition described
previously is likely to exist or develop on other products of the same
type design.
AD Requirements
This AD requires reviewing the airplane maintenance records to
determine the torque values for the horizontal stabilizer attachment
bolts and torquing the horizontal stabilizer attachment bolts to 45 Nm
if necessary.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies forgoing notice and comment prior to adoption of this rule
because horizontal stabilizer bolts, if not torqued to the correct
value, could result in premature wearing of the horizontal stabilizer
attachment bolts, loss of structural integrity of the horizontal
stabilizer, subsequent separation of the horizontal stabilizer from the
fuselage, and loss of control of the airplane. Additionally, the
corrective action must be accomplished before further flight.
Accordingly, notice and opportunity for prior public comment are
impracticable and contrary to the public interest pursuant to 5 U.S.C.
553(b)(3)(B).
In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forgo notice and
comment.
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 prior notice and
comment, RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 86 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
|
| Review airplane maintenance records |
1 work-hour x $85 per hour =
$85 |
$0
|
$85
|
$7,310
|
The FAA estimates the following costs
to do any necessary on-
condition action that would be required based on the results of the
records review. The FAA has no way of determining the number of
aircraft that might need this on-condition action:
On-Condition Costs
|
Action
|
Labor cost
|
Parts cost
|
Cost per
product
|
| Torque attachment bolts |
1 work-hour x $85 per hour =
$85 |
$0
|
$85
|
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, and
(2) Will not affect intrastate aviation in Alaska.
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:
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