[Federal Register Volume 86, Number 237 (Tuesday, December 14, 2021)]
[Proposed Rules]
[Pages 70987-70989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26976]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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  Federal Register / Vol. 86, No. 237 / Tuesday, December 14, 2021 / 
Proposed Rules  

[[Page 70987]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-1070; Project Identifier 2020-CE-004-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 certain Diamond Aircraft Industries GmbH (DAI) Model DA 42, DA 42 
NG, and DA 42 M-NG airplanes. This proposed AD was prompted by 
mandatory continuing airworthiness information (MCAI) issued by the 
aviation authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as a loose rudder T-yoke axle nut. This proposed AD would 
require replacing the rudder T-yoke axle with an improved rudder T-yoke 
axle. The FAA is proposing this AD to address the unsafe condition on 
these products.

DATES: The FAA must receive comments on this proposed AD by January 28, 
2022.

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 NPRM, 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 
(817) 222-5110.
    Examining the AD Docket
    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-1070; 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; fax: (303) 342-1088; 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-2021-1070; Project Identifier 
2020-CE-004-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 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 2019-0302, dated December 13, 2019 (referred to after this as 
``the MCAI''), to address an unsafe condition on DAI Model DA 42, DA 42 
M, DA 42 M-NG, and DA 42 NG airplanes. The MCAI states:

    Occurrences were reported of finding a loose rudder T-yoke axle 
nut on DA 42 aeroplanes.
    This condition, if not detected and corrected, could lead to 
vertical movement of the axle, possibly resulting in reduced rudder 
control of the aeroplane.
    To address this potential unsafe condition, DAI issued the 
applicable MSB [Mandatory Service Bulletin], providing instructions 
to inspect for correct installation of the self-locking nut to the 
affected part.
    For the reason described above, this [EASA] AD requires 
repetitive inspections for correct installation of the self-locking 
nut to the affected part and, depending on findings, accomplishment 
of applicable corrective action(s) and replacement of the self-
locking

[[Page 70988]]

nut. This [EASA] AD also provides an optional terminating action for 
the repetitive inspections.

    You may examine the MCAI in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
1070.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Diamond Aircraft Recommended Service Bulletin DAI 
RSB 42-139 and DAI RSB 42NG-081, dated October 21, 2019 (issued as one 
document), published with DAI Work Instruction WI-RSB 42-139 and WI-RSB 
42NG-081, Revision 1, dated October 24, 2019 (issued as one document) 
attached. The service bulletin specifies complying with the work 
instruction, which contains procedures for replacing the rudder T-yoke 
axle with an improved (additional retaining pin) rudder T-yoke axle. 
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.

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 replacing the rudder T-yoke axle 
with an improved rudder T-yoke axle.

Differences Between This Proposed AD and the MCAI

    The MCAI applies to the Model DA 42 M airplane and this proposed AD 
would not because it does not have an FAA type certificate.
    The MCAI requires repetitively inspecting the self-locking nut 
until the rudder T-yoke axle is replaced with improved part number (P/
N) D60-5320-00-32. This proposed AD would require installing rudder T-
yoke axle P/N D60-5320-00-32 and would not have an inspection 
requirement.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 193 airplanes of U.S. registry. The FAA estimates that it would 
take about 6 work-hours to replace the rudder T-yoke axle and require 
parts costing $166. The average labor rate is $85 per work-hour. Based 
on these figures, the FAA estimates the cost of this proposed AD on 
U.S. operators to be $130,468 or $676 per airplane.

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-2021-1070; Project 
Identifier 2020-CE-004-AD.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by January 28, 2022.

(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, serial numbers 42.004 through 
42.391, 42.394 through 42.396, 42.399 through 42.402, 42.405 through 
42.416, 42.427, 42.AC001 through 42.AC135, 42.AC137 through 
42.AC145, 42.AC148, 42.AC150 through 42.AC152, 42.MN001 through 
42.MN034, 42.MN037 through 42MN042, 42.MN050 through 42.MN055, 
42.MN057, 42.MN058, 42.MN100 through 42.MN103, 42.N001 through 
42.N067, 42.N100 through 42.N250, 42.N300 through 42.N381, 42.N391, 
42.NC001 through 42.NC004, and 42.NC006 through 42.NC008, 
certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 5320, Fuselage 
Miscellaneous Structure.

(e) Unsafe Condition

    This AD was prompted by mandatory continuing airworthiness 
information (MCAI) issued by the aviation authority of another 
country to identify and correct an unsafe condition on an aviation 
product. The MCAI describes the unsafe condition as a loose rudder 
T-yoke axle nut. The FAA is issuing this AD to prevent movement of 
the T-yoke axle. The unsafe condition, if not addressed, could 
result in reduced control of the airplane.

(f) Compliance

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

(g) Required Actions

    (1) Within 100 hours time-in-service after the effective date of 
this AD or 12 months after the effective date of this AD, whichever 
occurs first, replace rudder T-yoke axle part number (P/N) LN 9037-
M6x90 with rudder T-yoke axle P/N D60-5320-00-32 in accordance with 
the Instructions, section III,

[[Page 70989]]

in Diamond Aircraft Work Instruction WI-RSB 42-139 and WI-RSB 42NG-
081, Revision 1, dated October 24, 2019 (issued as one document) 
attached to Diamond Aircraft Recommended Service Bulletin DAI RSB 
42-139 and DAI RSB 42NG-081, dated October 21, 2019.
    (2) As of the effective date of this AD, do not install rudder 
T-yoke axle P/N LN 9037-M6x90 on any airplane.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation 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 (i)(1) and email to: 
[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.

(i) 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; fax: (303) 342-1088; email: 
[email protected].
    (2) Refer to European Union Aviation Safety Agency (EASA) AD 
2019-0302, dated December 13, 2019, for more information. You may 
examine the EASA AD in the AD docket at http://www.regulations.gov 
by searching for and locating Docket No. FAA-2021-1070.
    (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. 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.

    Issued on December 8, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-26976 Filed 12-13-21; 8:45 am]
BILLING CODE 4910-13-P