Discussion
On June 12, 1997, the FAA issued priority letter AD 97-13-02, which applies to Diamond Model DA 20-A1 airplanes. That AD resulted from an occurrence where a pilot s shoe jammed between the rudder control pedal and the firewall during a spin recovery in a Canadian registered HOAC-Austria Model DV 20 KATANA airplane. Investigation of the occurrence by Transport Canada, which is the airworthiness authority for Canada, revealed that the pilot s shoe caught on the head of a screw protruding from the firewall just above the rudder control pedals. There are two screws in this area that secure the battery box to the firewall.
Further examination of the design of the HOAC-Austria Model DV 20 KATANA airplane indicates that the potential for jamming of a pilot s shoe between the rudder pedal and the firewall also exists for Diamond Model DA 20-A1 airplanes. The Model DV 20 KATANA is manufactured in Austria, and is of similar design to the Model DA 20-A1 which is manufactured in Canada. The situation can develop when aggressive full rudder is applied such as in a spin entry, with simultaneous placement of the pilot s feet high on the toe brakes. The pilot s shoe can become jammed between the rudder pedal and firewall which could result in loss of control of the airplane.
Relevant Service Information
Diamond Aircraft has issued Alert Service Bulletin No. DA 20-53-01A, which specifies procedures for modifying the rudder control pedal area with skid plates and countersunk screws to preclude the pilot s shoe from catching on the battery box mounting screws and thus restricting the movement of the rudder pedals.
In order to assure the continued airworthiness of these airplanes in Canada, Transport Canada has classified this service bulletin as mandatory and issued Canadian AD No. CF-97-09, applicable to Diamond Model DA 20-A1 airplanes, which requires fabricating and installing a placard and inserting limitations into the airplane s flight manual limitations (AFM) section prohibiting spin maneuvers until the above modification is installed.
This airplane model is manufactured in Canada and is type certificated for operation in the United States under the provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the applicable bilateral airworthiness agreement. Pursuant to this bilateral airworthiness agreement, Transport Canada has kept the FAA informed of the situation described above.
The FAA's Determination and Explanation of the AD
Since an unsafe condition has been identified that is likely to exist or develop in other Diamond Model DA 20-A1 airplanes of the same type design, the FAA issued priority letter AD 97-13-02 to prevent the pilot s shoe from jamming between the rudder pedal and firewall which could result in loss of control of the airplane. The AD requires fabricating and installing a placard (with 1/8-inch letters) in the clear view of the pilot that reads: "SPINS PROHIBITED", and amending the airplane flight manual (AFM) limitations section to indicate that spinning is not permitted.
The placard fabrication and AFM insertion can be accomplished by an owner/operator holding at least a private pilot certificate as authorized by section 43.7 of the Federal Aviation Regulations (14 CFR 43.7).
In addition, this AD requires accomplishing a modification to the rudder control pedal area with skid plates and countersunk screws at which time the AFM limitation and the placard can be removed. The modification is to be done in accordance with the instructions in Diamond Alert Service Bulletin No. DA 20-53-01A, Rev. 0, dated June 5, 1997.
Determination of the Effective Date of the AD
Since it was found that immediate corrective action was required, notice and opportunity for prior public comment thereon were impracticable and contrary to the public interest, and good cause existed to make the AD effective immediately byindividual letters issued on June 12, 1997 to all known U.S. operators of Diamond Model DA 20-A1 airplanes. These conditions still exist, and the AD is hereby published in the Federal Register as an amendment to section 39.13 of the Federal Aviation Regulations (14 CFR 39.13) to make it effective as to all persons.
Comments Invited
Although this action is in the form of a final rule that involves requirements affecting immediate flight safety and, thus, was not preceded by notice and opportunity to comment, comments are invited on this rule. Interested persons are invited to comment on this rule by submitting such written data, views, or arguments as they may desire. Communications should identify the Rules Docket number and be submitted in triplicate to the address specified above. All communications received on or before the closing date for comments will be considered, and this rule may be amended in light of the comments received. Factual information that supports thecommenter's ideas and suggestions is extremely helpful in evaluating the effectiveness of the AD action and determining whether additional rulemaking action would be needed.
Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify the rule. All comments submitted will be available, both before and after the closing date for comments, in the Rules Docket for examination by interested persons. A report that summarizes each FAA-public contact concerned with the substance of this AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this rule must submit a self-addressed, stamped postcard on which the following statement is made: "Comments to Docket No. 97-CE-13-AD." The postcard will be date stamped and returned to the commenter.
Regulatory Impact
The regulations adopted herein will not have substantial direct effects 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. Therefore, in accordance with Executive Order 12612, it is determined that this final rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.
The FAA has determined that this regulation is an emergency regulation that must be issued immediately to correct an unsafe condition in aircraft, and is not a "significant regulatory action" under Executive Order 12866. It has been determined further that this action involves an emergency regulation under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979). If it is determined that this emergency regulation otherwise would be significant under DOT Regulatory Policies and Procedures, a final regulatory evaluation will be prepared and placed in the Rules Docket. A copy of it,if filed, may be obtained from the Rules Docket at the location provided under the caption "ADDRESSES".
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.
ADOPTION OF THE AMENDMENT
Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39 - AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 USC 106(g), 40113, 44701.
39.13 [Amended]
2. Section 39.13 is amended by adding a new airworthiness directive (AD) to read as follows: