[Federal Register Volume 86, Number 218 (Tuesday, November 16, 2021)]
[Rules and Regulations]
[Pages 63308-63310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25011]


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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; Amendment 
39-21776; AD 2021-22-03]
RIN 2120-AA64


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

[[Page 63309]]


DATES: This AD is effective December 21, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 21, 
2021.

ADDRESSES: For service information identified in this final rule, 
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, Kansas City, MO 64106. For information on the availability of 
this material at the FAA, call (816) 329-4148. It is also available at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2021-0602.

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 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: 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:

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 GmbH Model DA 42, DA 42 NG, and DA 42 M-NG airplanes. The 
NPRM published in the Federal Register on August 3, 2021 (86 FR 41786). 
The NPRM was prompted by MCAI originated by the European Union Aviation 
Safety Agency (EASA), which is the Technical Agent for the Member 
States of the European Union. EASA issued 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.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the costs.

Conclusion

    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 reviewed the relevant 
data 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 Diamond Aircraft Mandatory Service Bulletin MSB 
42-136/1 and MSB 42NG-078, dated January 24, 2019 (issued as one 
document) published with Diamond Aircraft Work Instruction WI-MSB 42-
136 and WI-MSB 42NG-078, Revision 1, dated January 24, 2019 (issued as 
one document) attached. The service information contains procedures for 
repetitively inspecting the NLG actuator attachment lever and replacing 
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 
ADDRESSES.

Differences Between This AD and the MCAI

    The MCAI applies to Model DA 42, DA 42 M, DA 42 NG, and DA 42 M-NG 
airplanes. This AD does not apply to the Model DA 42 M airplane because 
it does not have an FAA type certificate.

Costs of Compliance

    The FAA estimates that this AD affects 40 airplanes of U.S. 
registry. The FAA also estimates it will take about 1 work-hour per 
airplane to comply with the inspection required by this AD and no parts 
would be necessary. The average labor rate is $85 per work-hour.
    Based on these figures, the FAA estimates the inspection cost of 
this AD on U.S. operators to be $3,400 or $85 per airplane.
    In addition, the FAA estimates that any necessary replacement 
actions will take 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

    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

[[Page 63310]]

distribution of power and responsibilities among the various levels of 
government. For the reasons discussed above, I certify that 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:

2021-22-03 Diamond Aircraft Industries GmbH: Amendment 39-21776; 
Docket No. FAA-2021-0602; Project Identifier 2019-CE-022-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective December 21, 
2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Diamond Aircraft Industries GmbH Model 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 (issued as one document) attached 
to Diamond Aircraft Mandatory Service Bulletin MSB 42-136/1 and MSB 
42NG-078, dated January 24, 2019 (issued as one document) at the 
following applicable compliance times in paragraph (h)(1)(i) or (ii) 
of this AD:
    (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 paragraph (j)(1) of this AD 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) Refer to European Union Aviation Safety Agency (EASA) AD 
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.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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 Mandatory Service Bulletin MSB 42-136/1 and 
MSB 42NG-078, dated January 24, 2019 (issued as one document) 
published with Diamond Aircraft Work Instruction WI-MSB 42-136 and 
WI-MSB 42NG-078, Revision 1, dated January 24, 2019 (issued as one 
document) attached.
    (ii) [Reserved]
    (3) 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.
    (4) You may view this service information at 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.
    (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 October 13, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-25011 Filed 11-15-21; 8:45 am]
BILLING CODE 4910-13-P