[Federal Register Volume 87, Number 129 (Thursday, July 7, 2022)]
[Rules and Regulations]
[Pages 40435-40438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14335]


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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

[[Page 40436]]

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: 
[email protected]. 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: 
[email protected].

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:

[[Page 40437]]



                                                 Estimated Costs
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                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost       airplane        operators
----------------------------------------------------------------------------------------------------------------
Replace Model DA 40, DA 40 F, and DA    0.25 work-hour x $85 per            $382         $403.25        $322,600
 40 NG baggage net.                      hour = $21.25.
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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

    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

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 airworthiness 
directive:

2022-13-06 Diamond Aircraft Industries Inc.: Amendment 39-22092; 
Docket No. FAA-2022-0450; Project Identifier MCAI-2021-00854-A.

(a) Effective Date

    This airworthiness directive (AD) is effective August 11, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to 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), all serial 
numbers, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 2550, Cargo 
Compartments.

(e) Unsafe Condition

    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. 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.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Definitions

    The following are ``affected baggage nets'' for purposes of this 
AD:
    (1) Quick fix baggage net assembly part number (P/N) D44-2550-
90-00 with a date of manufacture of December 2015, November 2016, or 
March 2017; and
    (2) Quick fix baggage net assembly P/N D67-2550-90-00_02 with a 
date of manufacture of June 2016.

(h) Required Actions

    (1) Within 12 months after the effective date of this AD or 
within 50 hours time-in-service (TIS) after the effective date of 
this AD, whichever occurs first, inspect each baggage net to 
determine whether an affected baggage net is installed on your 
airplane.
    Note to paragraph (h)(1): The date of manufacture is located on 
the label with the abbreviation ``DMF.''
    (i) If an affected baggage net is installed, before further 
flight, remove the baggage net from service.
    (ii) Before the next flight carrying baggage or cargo in the 
baggage compartment, install a baggage net that is not an affected 
baggage net in accordance with Figure 1 of the Accomplishment 
Instructions in the applicable service information in paragraph (i) 
of this AD.
    (2) As of the effective date of this AD, do not install an 
affected baggage net on any airplane.

(i) Service Information

    (1) Diamond Aircraft Industries Mandatory Service Bulletin No. 
MSB 40-093, Rev. 0, dated July 6, 2021, for Model DA 40 airplanes.
    (2) Diamond Aircraft Industries Mandatory Service Bulletin No. 
MSB F4-039, Rev. 0, dated July 6, 2021, for Model DA 40 F airplanes.
    (3) Diamond Aircraft Industries Mandatory Service Bulletin No. 
MSB 40NG-065, Rev. 1, dated July 6, 2021, for Model DA 40 NG 
airplanes.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, New York ACO Branch, FAA, has the authority to 
approve AMOCs for this AD, if requested using the procedures found 
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request 
to your principal inspector or local Flight Standards District 
Office, as appropriate. If sending information directly to the 
manager of the certification office, send it to the attention of the 
person identified in paragraph (k)(1) of this AD.
    (2) For any requirement in this AD to obtain corrective actions 
from a manufacturer, the action must instead be accomplished using a 
method approved by the Manager, New York ACO Branch, FAA; or 
Transport Canada Civil Aviation (TCCA); or Diamond Aircraft 
Industries Inc.'s Design Organization Approval (DAO). If approved by 
the DAO, the approval must include the DAO-authorized signature.

(k) Related Information

    (1) For more information about this AD, contact Chirayu Gupta, 
Aviation Safety Engineer, New York ACO Branch, FAA, 1600 Stewart 
Avenue, Suite 410, Westbury, NY

[[Page 40438]]

11590; phone: (516) 228-7300; email: [email protected]
    (2) Refer to Transport Canada AD CF-2021-24, dated July 21, 
2021, for more information. You may view the Transport Canada AD at 
https://www.regulations.gov in Docket No. FAA-2022-0450.

(l) 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 Mandatory Service Bulletin No. 
MSB 40-093, Rev. 0, dated July 6, 2021.
    (ii) Diamond Aircraft Industries Mandatory Service Bulletin No. 
MSB 40NG-065, Rev. 1, dated July 6, 2021.
    (iii) Diamond Aircraft Industries Mandatory Service Bulletin No. 
MSB F4-039, Rev. 0, dated July 6, 2021.
    (3) For service information identified in this AD, contact 
Diamond Aircraft Industries Inc., Att: Thit Tun, 1560 Crumlin Road, 
London, N5V 1S2, Canada; phone: (519) 457-4000; email: 
[email protected].
    (4) 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.
    (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, email: [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on June 13, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-14335 Filed 7-6-22; 8:45 am]
BILLING CODE 4910-13-P


