AD 2013-24-14

[Federal Register Volume 78, Number 232 (Tuesday, December 3, 2013)]
[Rules and Regulations]
[Pages 72568-72570]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2013-28746]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0812; Directorate Identifier 2013-CE-023-AD; 
Amendment 39-17689; AD 2013-24-14]
RIN 2120-AA64


Airworthiness Directives; Diamond Aircraft Industries GmbH 
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for Diamond 
Aircraft Industries GmbH Models DA40 and DA40F airplanes. This AD 
results from mandatory continuing airworthiness information (MCAI) 
issued 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 fatigue strength found in the aft main spar 
does not ensure unlimited lifetime structural integrity. We are issuing 
this AD to require actions to address the unsafe condition on these 
products.

DATES: This AD is effective January 7, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of January 7, 
2014.

ADDRESSES: You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> or in person at Document Management Facility, 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 service information identified in this AD, contact Diamond 
Aircraft Industries GmbH, N.A. Otto-Str.5, A-2700 Wiener Neustadt, 
Austria; telephone: +43 2622 26700; fax: +43

[[Page 72569]]

2622 26780; email: <a href="/cdn-cgi/l/email-protection#87e8e1e1eee4e2c7e3eee6eae8e9e3aae6eef5a9e6f3"><span class="__cf_email__" data-cfemail="4b242d2d22282e0b2f222a2624252f662a2239652a3f">[email&#160;protected]</span></a>; Internet: <a href="http://www.diamondaircraft.com/contact/technical.php">http://www.diamondaircraft.com/contact/technical.php</a>. You may review copies of 
the referenced service information at the FAA, Small Airplane 
Directorate, 901 Locust, Kansas City, Missouri 64106. For information 
on the availability of this material at the FAA, call (816) 329-4148.

FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4144; fax: (816) 329-4090; email: 
<a href="/cdn-cgi/l/email-protection#187571737d3673717d6b776e587e7979367f776e"><span class="__cf_email__" data-cfemail="2f4246444a0144464a5c40596f494e4e01484059">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on September 17, 2013 
(78 FR 57104). That NPRM proposed to correct an unsafe condition for 
the specified products. The MCAI states:

    Structural fatigue testing of the DA 40 aeroplane carried out 
for an extension of the Major Structural Inspection (MSI) interval 
has shown that the fatigue strength of the aft main spar in the 
cabin area does not ensure unlimited lifetime.
    This condition, if not corrected, could adversely affect the 
structural integrity of the aeroplane.
    Diamond Aircraft Industries (DAI) issued Mandatory Service 
Bulletin (MSB) 40-074/MSB D4-094/MSB F4-028, including Work 
Instruction (WI) WI-MSB 40-074/WI-MSB D4-094/WI-MSB F4-028 
(published as a single document), providing instructions to 
reinforce the aft main spar in the cabin area.
    For the reasons described above, this AD requires modification 
of the aft main spar in the cabin area.
    Note: Aeroplanes with modified aft main spar are eligible for an 
increased MSI threshold of 6000 flight hours (FH) since first flight 
of the aeroplane and increased MSI intervals not to exceed 4000 FH 
thereafter.

    The MCAI can be found in the AD docket on the Internet at: <a href="http://www.regulations.gov/#!documentDetail">http://www.regulations.gov/#!documentDetail</a>;D=FAA-2013-0812-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (78 FR 57104, September 
17, 2013) or on the determination of the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting the AD as proposed. We have 
determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM (78 FR 57104, September 17, 2013)) for correcting the unsafe 
condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM (78 FR 57104, September 17, 2013).

Costs of Compliance

    We estimate that this AD will affect 747 products of U.S. registry. 
We also estimate that it would take about 6 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Required parts would cost about $100 per product.
    Based on these figures, we estimate the cost of this AD on U.S. 
operators to be $455,670, or $610 per product.

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.
    We are 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

    We determined that 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) Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a>; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains the NPRM, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Office (telephone (800) 647-5527) is in the ADDRESSES 
section. Comments will be available in the AD docket shortly after 
receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

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

0
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]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2013-24-14 Diamond Aircraft Industries GmbH: Amendment 39-17689; 
Docket No. FAA-2013-0812; Directorate Identifier 2013-CE-023-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective January 7, 
2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Diamond Aircraft Industries Model DA 40 
airplanes, serial numbers 40.006 through 40.009, 40.011 through 
40.1071, and 40.1073 through 40.1077; and Model DA 40 F airplanes, 
serial numbers 40.FC001 through 40.FC029; certificated in any 
category.

(d) Subject

    Air Transport Association of America (ATA) Code 57: Wings.

(e) Reason

    This AD was prompted 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

[[Page 72570]]

describes the unsafe condition as fatigue strength found in the aft 
main spar does not ensure unlimited lifetime structural integrity. 
We are issuing this AD to modify the aft main spar in the cabin area 
to ensure the structural integrity of the airplane.

(f) Actions and Compliance

    Unless already done, at or before the next Major Structural 
Inspection (MSI) after the effective date of this AD or within the 
next 114 months after January 7, 2014 (the effective date of this 
AD), whichever occurs first, modify the aft main spar in the cabin 
area following the INSTRUCTIONS section of Diamond Aircraft 
Industries GmbH Work Instructions WI-MSB 40-074, WI-MSB D4-094, and 
WI-MSB F4-028 (co-published as a single document), dated May 10, 
2013, as specified in Diamond Aircraft Industries GmbH Mandatory 
Service Bulletins (MSB) 40-074, D4-094, and F4-028 (co-published as 
a single document), dated May 10, 2013.

(g) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Office, FAA, has the authority to approve AMOCs for this 
AD, if requested using the procedures found in 14 CFR 39.19. Send 
information to ATTN: Mike Kiesov, Aerospace Engineer, FAA, Small 
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4144; fax: (816) 329-4090; email: 
<a href="/cdn-cgi/l/email-protection#c5a8acaea0ebaeaca0b6aab385a3a4a4eba2aab3"><span class="__cf_email__" data-cfemail="b4d9dddfd19adfddd1c7dbc2f4d2d5d59ad3dbc2">[email&#160;protected]</span></a>. Before using any approved AMOC on any airplane 
to which the AMOC applies, notify your appropriate principal 
inspector (PI) in the FAA Flight Standards District Office (FSDO), 
or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.

(h) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA), which is 
the Technical Agent for the Member States of the European Community, 
EASA AD No.: 2013-0145, dated July 15, 2013, for more information. 
You may examine the AD on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> 
by searching and locating it in Docket No. FAA-2013-0812.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Diamond Aircraft Industries GmbH Mandatory Service Bulletin 
40-074, dated May 10, 2013.
    (ii) Diamond Aircraft Industries GmbH Mandatory Service Bulletin 
D4-094, dated May 10, 2013.
    (iii) Diamond Aircraft Industries GmbH Mandatory Service 
Bulletin F4-028, dated May 10, 2013.

    Note 1 to paragraphs (i)(2)(i) through (i)(2)(iii) of this AD: 
Diamond Aircraft Industries GmbH Mandatory Service Bulletin 40-074, 
dated May 10, 2013; Diamond Aircraft Industries GmbH Mandatory 
Service Bulletin D4-094, dated May 10, 2013; Diamond Aircraft 
Industries GmbH Mandatory Service Bulletin F4-028, dated May 10, 
2013; are co-published as one document.

    (iv) Diamond Aircraft Industries GmbH Work Instruction WI-MSB 
40-074, dated May 10, 2013.
    (v) Diamond Aircraft Industries GmbH Work Instruction WI-MSB D4-
094, dated May 10, 2013.
    (vi) Diamond Aircraft Industries GmbH Work Instruction WI-MSB 
F4-028, dated May 10, 2013.

    Note 2 to paragraphs (i)(2)(iv) through (i)(2)(vi) of this AD: 
Diamond Aircraft Industries GmbH Work Instruction WI-MSB 40-074; 
Diamond Aircraft Industries GmbH Work Instruction WI-MSB F4-028; 
dated May 10, 2013; and Diamond Aircraft Industries GmbH Work 
Instruction WI-MSB F4-028 dated May 10, 2013; are co-published as 
one document.

    (3) For Diamond Aircraft Industries service information 
identified in this AD, contact Diamond Aircraft Industries GmbH, 
N.A. Otto-Str.5, A-2700 Wiener Neustadt, Austria; telephone: +43 
2622 26700; fax: +43 2622 26780; email: <a href="/cdn-cgi/l/email-protection#f29d94949b9197b2969b939f9d9c96df939b80dc9386"><span class="__cf_email__" data-cfemail="a4cbc2c2cdc7c1e4c0cdc5c9cbcac089c5cdd68ac5d0">[email&#160;protected]</span></a>; 
Internet: <a href="http://www.diamondaircraft.com/contact/technical.php">http://www.diamondaircraft.com/contact/technical.php</a>.
    (4) You may view this service information at the FAA, Small 
Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For 
information on the availability of this material at the FAA, call 
(816) 329-4148.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Kansas City, Missouri, on November 22, 2013.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2013-28746 Filed 12-2-13; 8:45 am]
BILLING CODE 4910-13-P