DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0450; Project Identifier MCAI-2021-00854-A]
Airworthiness Directives; Diamond Aircraft Industries Inc.
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
SUMMARY: The FAA proposes to adopt a new airworthiness directive
for all Diamond Aircraft Industries Inc. Model DA 40, DA 40 F, and DA
40 NG airplanes. This proposed AD results from 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. The FAA is
proposing this AD to address the unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by May
ADDRESSES: You may send comments, using the procedures found in
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow
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 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 Inc., Att: Thit Tun, 1560 Crumlin Road,
London, N5V 1S2, Canada; phone: (519) 457-4000; email:
T.Tun@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.
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 NPRM, the MCAI,
any comments received, and other information. The street address for
Docket Operations is listed above.
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:
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2022-0450;
Project Identifier MCAI-2021-00854-A'' at the beginning of your
comments. The most helpful comments reference a specific portion of the
proposal, 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 proposal 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
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this NPRM.
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 NPRM 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 NPRM, 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 Chirayu Gupta, Aviation
Safety Engineer, New York ACO Branch, 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.
Transport Canada, which is the aviation authority for Canada, has
issued Transport Canada AD CF-2021-24, dated July 21, 2021 (referred to
after this as ``the MCAI''), to correct 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
You may examine the MCAI in the AD docket at https://www.regulations.gov
for and locating Docket No. FAA-2022-0450.
FAA's Determination and Requirements of the Proposed AD
This product has been approved by the aviation authority of another
country, and is 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 NPRM
after determining the unsafe condition described previously is likely
to exist or develop on other products of the same type design.
Related Service Information Under 1 CFR Part 51
The FAA reviewed the following service information issued by
Diamond Aircraft Industries, 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
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 Proposed AD and the MCAI or Service
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 proposed AD would
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 airplane and
this proposed AD would not because it does not have an FAA type
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 800 airplanes of U.S. registry.
The FAA estimates the following costs to comply with this proposed
|Replace Model DA 40, DA 40 F,
and DA 40 NG baggage net
x $85 per hour = $21.25
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.
The FAA 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 this proposed
(1) Is not a ``significant regulatory action'' under Executive
(2) Would not affect intrastate aviation in Alaska, and
(3) Would 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
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 airworthiness