[Federal Register Volume 86, Number 146 (Tuesday, August 3, 2021)]
[Proposed Rules]
[Pages 41786-41788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16464]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0602; Project Identifier 2019-CE-022-AD]
RIN 2120-AA64


Airworthiness Directives; Diamond Aircraft Industries GmbH 
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 GmbH Models DA 42, DA 42 NG, and DA 
42 M-NG airplanes. This proposed 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 failure of the nose landing gear (NLG) actuator attachment 
lever and detachment from the NLG leg. This proposed AD would require 
repetitively inspecting the NLG actuator attachment lever for cracks 
and damage and taking any necessary corrective actions. The FAA is 
proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this NPRM by September 17, 
2021.

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 https://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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Diamond 
Aircraft Industries GmbH, N.A. Otto-Stra[szlig]e 5, A-2700 Wiener 
Neustadt, Austria; phone: +43 2622 26700; fax: +43 2622 26780; email: 
[email protected]; website: https://www.diamondaircraft.com. You 
may view this service information at the FAA, Airworthiness Products 
Section, Operational Safety Branch, 901 Locust St, Kansas City, MO 
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 at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0602; 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 MCAI, 
any comments received, and other information. The street address for 
Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Penelope Trease, Aviation Safety 
Engineer, General Aviation & Rotorcraft Section, International 
Validation Branch, FAA, 26805 E. 68th Avenue, Denver, CO 80249; phone: 
(303) 342-1094; email: [email protected].

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-2021-0602; Project Identifier 
2019-CE-022-AD'' 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 
https://www.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

[[Page 41787]]

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 
Penelope Trease, Aviation Safety Engineer, General Aviation & 
Rotorcraft Section, International Validation Branch, FAA, 26805 E. 68th 
Avenue, Denver, CO 80249. Any commentary that the FAA receives which is 
not specifically designated as CBI will be placed in the public docket 
for this rulemaking.

Background

    The European Union Aviation Safety Agency (EASA), which is the 
Technical Agent for the Member States of the European Union, has issued 
EASA AD 2019-0066, dated March 27, 2019 (referred to after this as 
``the MCAI''), to correct an unsafe condition for Diamond Aircraft 
Industries GmbH (Austria) and Diamond Aircraft Industries Inc. (Canada) 
Model DA 42, DA 42 M, DA 42 NG, and DA 42 M-NG airplanes. The MCAI 
states:

    An occurrence was reported of a failed NLG actuator attachment 
lever, resulting in disconnection from the NLG leg. When the landing 
gear (LG) was retracted, the NLG actuator interfered with the rudder 
control rods, forcing the rudder into left-hand deflection. After 
lowering the LG, full rudder control was restored. The investigation 
results showed that the actuator lever failed due to a crack that 
had developed over a longer time period.
    This condition, if not detected and corrected, could lead to 
restricted rudder travel in LG retracted configuration, possibly 
resulting in reduced control of the aeroplane.
    To address this potential unsafe condition, [Diamond Aircraft 
Industries] DAI issued the applicable [mandatory service bulletin] 
MSB, providing instructions to inspect the affected part.
    For the reason described above, this [EASA] AD requires 
repetitive inspections of the NLG leg actuator attachment lever and, 
depending on findings, replacement of the NLG leg.

    You may examine the MCAI in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0602.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Diamond Aircraft Industries Work Instruction WI-
MSB 42-136 and WI-MSB 42NG-078, Revision 1, dated January 24, 2019 
(published as one document with Mandatory Service Bulletin MSB 42-136/1 
and MSB 42NG-078, dated January 24, 2019). This service information 
provides instructions for repetitively inspecting the NLG actuator 
attachment lever with replacement of the NLG leg assembly as necessary. 
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

    This product has been approved by the aviation authority of another 
country and is 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 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 service information already described.

Differences Between This Proposed AD and the MCAI

    The MCAI applies to Models DA 42, DA 42 M, DA 42 NG, and DA 42 M-NG 
airplanes. This proposed AD would not apply to the Model DA 42 M 
because they do not have an FAA type certificate.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 40 airplanes of U.S. registry. The FAA also estimates that it 
would take about 1 work-hour per airplane to comply with the inspection 
requirement of this proposed AD, and no parts would be necessary. Based 
on these figures, the FAA estimates the cost of the inspection for U.S. 
operators to be $3,400, or $85 per airplane.
    In addition, the FAA estimates that any necessary replacement 
actions would take about 6 work-hours and require parts costing $1,500, 
for a cost of $2,010 per airplane. The FAA has no way of determining 
the number of airplanes that may need these actions.

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

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:

Diamond Aircraft Industries GmbH: Docket No. FAA-2021-0602; Project 
Identifier 2019-CE-022-AD.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by September 17, 2021.

[[Page 41788]]

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Diamond Aircraft Industries GmbH Models DA 
42, DA 42 NG, and DA 42 M-NG airplanes, all serial numbers, 
certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 3221, Nose/Tail 
Landing Gear Attach Section.

(e) Unsafe Condition

    This AD was prompted by mandatory continuing airworthiness 
information (MCAI) originated by an aviation authority of another 
country to identify and address an unsafe condition on an aviation 
product. The MCAI describes the unsafe condition as failure of the 
nose landing gear (NLG) actuator attachment lever and detachment 
from the NLG leg. The FAA is issuing this AD to detect and correct 
cracks in the NLG actuator attachment lever, which could result in 
restricted rudder travel with the NLG retracted and reduced airplane 
control.

(f) Compliance

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

(g) Definition of Airworthy Part

    For the purposes of this AD, an airworthy part is an NLG leg 
assembly that has accumulated 1,800 or fewer hours time-in-service 
(TIS) since first installation on an airplane or that has passed the 
inspection (no cracks and no damage) required by paragraph (h)(1) of 
this AD.

(h) Required Actions

    (1) Inspect the NLG actuator attachment lever for cracks and 
damage in the areas shown in paragraph 2 of the Instructions in 
Diamond Aircraft Work Instruction WI-MSB 42-136 and WI-MSB 42NG-078, 
Revision 1, dated January 24, 2019 (published as one document with 
Mandatory Service Bulletin MSB 42-136/1 and MSB 42NG-078, dated 
January 24, 2019) at the following applicable compliance times:
    (i) For airplanes with an NLG assembly that has accumulated less 
than 1,800 hours TIS as of the effective date of this AD: Within 200 
hours TIS after the NLG assembly accumulates 1,800 hours TIS or 
within 12 months after the NLG assembly accumulates 1,800 hours TIS, 
whichever occurs first, and thereafter at intervals not to exceed 
200 hours TIS; or
    (ii) For airplanes with an NLG assembly that has accumulated 
1,800 or more hours TIS as of the effective date of this AD: Within 
210 hours TIS after the effective date of this AD or within 12 
months after the effective date of this AD, whichever occurs first, 
and thereafter at intervals not to exceed 200 hours TIS.
    (2) After each inspection required by paragraph (h)(1) of this 
AD, if there is a crack or damage on the NLG actuator attachment 
lever, before further flight, replace the NLG leg assembly with an 
airworthy part as defined by this AD.
    (3) As of the effective date of this AD, do not install an NLG 
leg assembly on any airplane unless it is an airworthy part as 
defined by this AD.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, 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 Related Information or email: 
[email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(j) Related Information

    (1) For more information about this AD contact Penelope Trease, 
Aviation Safety Engineer, General Aviation & Rotorcraft Section, 
International Validation Branch, FAA, 26805 E. 68th Avenue, Denver, 
CO 80249; phone: (303) 342-1094; email: [email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.
    (2) Refer to European Union Aviation Safety Agency (EASA) AD No. 
2019-0066, dated March 27, 2019, for more information. You may 
examine the EASA AD in the AD docket at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2021-0602.
    (3) For service information identified in this AD, contact the 
Diamond Aircraft Industries GmbH, N.A. Otto-Stra[szlig]e 5, A-2700 
Wiener Neustadt, Austria; phone: +43 2622 26700; fax: +43 2622 
26780; email: [email protected]; website: https://www.diamondaircraft.com. You may review 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 (816) 329-4148.

    Issued on July 21, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-16464 Filed 8-2-21; 8:45 am]
BILLING CODE 4910-13-P