[Federal Register Volume 84, Number 63 (Tuesday, April 2, 2019)]
[Proposed Rules]
[Pages 12532-12534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06280]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0203; Product Identifier 2018-CE-052-AD]
RIN 2120-AA64
Airworthiness Directives; Diamond Aircraft Industries GmbH
Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Diamond Aircraft Industries GmbH Model DA 42 NG and Model DA 42
M-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 unsafe condition in the MCAI is insufficient
clearance of the gust lock mounts on the pilot side rudder pedals. We
are issuing this proposed AD to require actions to
[[Page 12533]]
address the unsafe condition on these products.
DATES: We must receive comments on this proposed AD by May 17, 2019.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://www.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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, 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 GmbH, N.A. Otto-Stra[szlig]e 5, A-2700
Wiener Neustadt, Austria, telephone: +43 2622 26700; fax: +43 2622
26780; email: [email protected]; Internet: http://www.diamondaircraft.com. You may review this referenced service
information at the FAA, Policy and Innovation Division, 901 Locust,
Kansas City, Missouri 64106. For information on the availability of
this material at the FAA, call (816) 329-4148.
Examining the AD Docket
You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0203; 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 proposed AD, the regulatory evaluation, any comments received, and
other information. The street address for Docket Operations (telephone
(800) 647-5527) is in the ADDRESSES section. Comments will be available
in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aerospace Engineer, FAA,
Small Airplane Standards Branch, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329-4144; fax: (816) 329-4090; email:
[email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2019-0203;
Product Identifier 2018-CE-052-AD'' at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this proposed AD. We will consider
all comments received by the closing date and may amend this proposed
AD because of those comments.
We will post all comments we receive, without change, to http://regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued AD
No. 2018-0214, dated October 4, 2018 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:
During production check-out of two DA 42 NG aeroplanes, it was
noticed that, with the adjustable rudder pedals in full forward
position, the gust lock mounts slightly touched the canopy gas
spring damper. The subsequent investigation found that this was due
to an unfavourable combination of production tolerances on these two
aeroplanes. [Diamond Aircraft Industries GmbH] DAI determined that
other aeroplanes of the same build standard (configuration) may also
be affected.
This condition, if not corrected, could lead to restricted
rudder travel, possibly resulting in reduced control of the
aeroplane.
Prompted by these findings, DAI published the [mandatory service
bulletin] MSB, providing modification instructions to remove the
gust lock mounts on the pilot (left-hand, LH) side rudder pedals to
ensure sufficient clearance, regardless of production tolerances and
rudder pedal position.
For the reason described above, this [EASA] AD requires
implementation of a temporary revision (TR) to the applicable
Airplane Flight Manual (AFM) and a modification, removing the pilot
(LH) side rudder pedal gust lock mounts.
You may examine the MCAI on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0203.
Related Service Information Under 1 CFR Part 51
We reviewed Diamond Aircraft Temporary Revision TR-M[Auml]M 42-1097
Gustlock on Co-Pilot Side only, Doc. #7.01.15-E, dated July 18, 2018
(TR-MAM 42-1097), which contains amended figures related to the gust
lock belt. We also reviewed Diamond Aircraft Industries GmbH Work
Instruction WI-MSB 42NG-077, dated August 20, 2018, which contains
procedures for removing the pilot (LH) side rudder pedal gust lock
mounts and specifies inserting a copy of TR-MAM 42-1097 into the
airplane flight manual (AFM). 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.
FAA's Determination and Requirements of This 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 our bilateral agreement with this State of Design Authority, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are proposing this AD because
we evaluated all information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.
Costs of Compliance
We estimate that this proposed AD would affect 53 products of U.S.
registry. We also estimate that it would take about 1 work-hour per
product to comply with the removal of the pilot side rudder pedal gust
lock mounts and to insert copy of TR-MAM 42-1097 into the AFM. The
average labor rate is $85 per work-hour. Required parts would cost
about $10 per product.
Based on these figures, we estimate the cost of this proposed AD on
U.S. operators to be $5,035, or $95 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.
[[Page 12534]]
This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to small airplanes, gliders,
balloons, airships, domestic business jet transport airplanes, and
associated appliances to the Director of the Policy and Innovation
Division.
Regulatory Findings
We 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) 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.
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
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 (AD):
Diamond Aircraft Industries GmbH: Docket No. FAA-2019-0203; Product
Identifier 2018-CE-052-AD.
(a) Comments Due Date
We must receive comments by May 17, 2019.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Diamond Aircraft Industries GmbH (Diamond)
Model DA 42 NG and Model DA 42 M-NG airplanes, serial numbers
42.N202, 42.N203, 42.N205 through 42.N207, 42.N210 through 42.N214,
42.N229 through 42.N338, 42.N340, 42.MN055, 42.MN057, and 42.MN058,
certificated in any category.
(d) Subject
Air Transport Association of America (ATA) Code 27: Flight
Controls.
(e) Reason
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 unsafe condition reported by the MCAI is insufficient
clearance of the gust lock mounts on the pilot side rudder pedals.
We are issuing this AD to prevent restricted rudder travel, which
could result in reduced control of the airplane.
(f) Actions and Compliance
Unless already done, do the following actions in paragraphs
(f)(1) and (2) of this AD.
(1) Within the next 100 hours time-in-service after the
effective date of this AD:
(i) Remove the pilot (left-hand) side rudder pedal gust lock
mounts in accordance with steps 1 through 5 of the Instructions in
Diamond Aircraft Industries GmbH Work Instruction WI-MSB 42NG-077,
dated August 20, 2018.
(ii) Revise the airplane flight manual (AFM) by adding the
figures on page 8-11a of Diamond Aircraft Temporary Revision TR-
M[Auml]M 42-1097 Gustlock on Co-Pilot Side only, Doc. #7.01.15-E,
dated July 18, 2018, into Chapter 8 of the AFM.
(2) As of the effective date of this AD, do not install on any
airplane a pilot (left-hand) side rudder pedal gust lock mount.
(g) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Small Airplane Standards Branch, 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 Standards Branch, 901 Locust, Room 301, Kansas
City, Missouri 64106; telephone: (816) 329-4144; fax: (816) 329-
4090; email: [email protected]. 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) Contacting the Manufacturer: 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,
Small Airplane Standards Branch, FAA, or the European Aviation
Safety Agency (EASA).
(h) Related Information
Refer to MCAI EASA AD No. 2018-0214, dated October 4, 2018; and
Diamond Mandatory Service Bulletin MSB 42NG-077, dated August 20,
2018, for related information. You may examine the MCAI on the
internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2019-0203. For service information related to this
AD, contact Diamond Aircraft Industries GmbH, N.A. Otto-Stra[szlig]e
5, A-2700 Wiener Neustadt, Austria, telephone: +43 2622 26700; fax:
+43 2622 26780; email: [email protected]; internet: http://www.diamondaircraft.com. You may review this referenced service
information at the FAA, Policy and Innovation Division, 901 Locust,
Kansas City, Missouri 64106. For information on the availability of
this material at the FAA, call (816) 329-4148.
Issued in Kansas City, Missouri, on March 25, 2019.
Melvin J. Johnson,
Aircraft Certification Service, Deputy Director, Policy and Innovation
Division, AIR-601.
[FR Doc. 2019-06280 Filed 4-1-19; 8:45 am]
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