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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1812; Project Identifier MCAI-2023-00726-A]
RIN 2120-AA64
Airworthiness Directives; Diamond Aircraft Industries Inc. Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive
(AD)
for all Diamond Aircraft Industries Inc. Model DA 62 airplanes. This
proposed AD was prompted by reports of 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 proposed AD would
require identifying and replacing the affected part. The FAA is
proposing this AD to address the unsafe condition on these products.
DATES: The FAA must receive comments on this NPRM by October 16,
2023.
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-2023-1812; 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 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 identified in this NPRM, contact
Diamond Aircraft Industries Inc., Att: Thit Tun, 1560 Crumlin Road,
London, N5V 1S2, Canada; phone: (519) 457-4000; email:
t.tun@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.
FOR FURTHER INFORMATION CONTACT: Chirayu Gupta, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone: (516) 228-7300; email: chirayu.a.gupta@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2023-1812; Project Identifier
MCAI-2023-00726-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
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 NPRM. Submissions containing CBI should be sent to
Chirayu Gupta, 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-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. received reports
of defective buckles installed on the baggage nets on DA 40 NG and DA
62 airplanes. An investigation revealed a quality issue during 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 airplanes. 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. Consequently,
they 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. The
MCAI mandates the removal and replacement of the affected baggage nets.
The MCAI also renders any affected baggage nets not eligible for
installation as a replacement part on Diamond Aircraft Industries Inc.
Model DA 40, DA 40 D, DA 40 F, DA 40 NG, and DA 62 airplanes.
Previously, the FAA issued AD 2022-13-06, Amendment 39-22092 (87 FR
40435, July 7, 2022) (AD 2022-13-06) to address the unsafe condition on
all Diamond Aircraft Industries Inc. Model DA 40, DA 40 F, and DA 40 NG
airplanes (including Model DA 40 D airplanes that have been converted
to Model DA 40 NG airplanes). AD 2022-13-06 requires removing and
replacing the affected baggage nets. The Diamond Aircraft Industries
Inc. Model DA 62 airplanes were not included in AD 2022-13-06. This
proposed AD would require these same actions on the Diamond Aircraft
Industries Inc. Model DA 62 airplanes.
The FAA is proposing 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.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-1812.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Diamond Aircraft Industries Mandatory Service
Bulletin MSB 62-028, Rev. 1, dated July 6, 2021, which specifies
procedures for identifying, removing, and replacing the affected
baggage nets.
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 NPRM after determining that the unsafe condition described
previously is likely to exist or develop on other products of the same
type design.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in the MCAI, except as discussed under ``Differences Between this
Proposed AD and the MCAI.''
Differences Between This Proposed AD and the MCAI
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
only apply to Diamond Aircraft Industries Inc. Model DA 62 airplanes
and would not apply to Model DA 40, DA 40 F, and DA 40 NG airplanes
because those airplanes are already covered by AD 2022-13-06. This
proposed AD would not apply to Model DA 40 D airplanes because that
model does not have an FAA type certificate.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 81 airplanes of U.S. registry.
The FAA estimates the following costs to comply with this proposed
AD:
Estimated Costs
|
Action
|
Labor cost
|
Parts cost
|
Cost per
product
|
Cost on
U.S. operators
|
| Replace baggage net |
0.25 work-hour x $85 per hour
= $21.25 |
$441
|
$462.25
|
$37,442.25
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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
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
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(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
reference, Safety.
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
directive:
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