[Federal Register Volume 86, Number 244 (Thursday, December 23, 2021)]
[Proposed Rules]
[Pages 72895-72897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27790]



[[Page 72895]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-1077; Project Identifier MCAI-2021-00607-A]
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 supersede Airworthiness Directive (AD) 
2017-18-10, which applies to certain Diamond Aircraft Industries GmbH 
(DAI) Model DA 42, DA 42 M-NG, and DA 42 NG airplanes. AD 2017-18-10 
requires modifying the flap control system, repetitively inspecting the 
flap bell crank, and replacing the flap bell crank as necessary. Since 
the FAA issued AD 2017-18-10, the European Union Aviation Safety Agency 
(EASA) superseded its mandatory continuing airworthiness information 
(MCAI) to correct an unsafe condition on these products. This proposed 
AD would retain the actions required by AD 2017-18-10, expand the 
applicability, and prohibit the installation of certain flap bell 
cranks. 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 February 7, 
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; email: [email protected]; 
website: https://www.diamondaircraft.com. You may view this service 
information at the Airworthiness Products Section, Operational Safety 
Branch, FAA, 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-2021-1077; 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-2021-1077; Project Identifier 
MCAI-2021-00607-A'' 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 
the 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 proposed AD.

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 FAA issued AD 2017-18-10, Amendment 39-19019 (82 FR 42029, 
September 6, 2017) (AD 2017-18-10), for certain serial-numbered DAI 
Model DA 42, DA 42 M-NG, and DA 42 NG airplanes. AD 2017-18-10 was 
prompted by MCAI originated by EASA, which is the Technical Agent for 
the Member States of the European Union. EASA issued EASA AD 2017-0074, 
dated April 28, 2017, to identify and correct an unsafe condition 
identified as cracks and deformation on certain flap bell cranks.
    AD 2017-18-10 requires modifying the flap control system by 
installing two spacers to replace a single long spacer, repetitively 
inspecting the flap bell crank, and replacing the flap bell crank with 
an improved part as necessary. The FAA issued AD 2017-18-10 to prevent 
failure of the flap bell crank, which could result in reduced control 
of the airplane.

Actions Since AD 2017-18-10 Was Issued

    Since the FAA issued AD 2017-18-10, EASA superseded EASA AD 2017-
0074, dated April 28, 2017, and issued EASA AD 2020-0008 dated January 
20, 2020 (referred to after this as ``the MCAI''). The MCAI states:

    Occurrences were reported of finding cracks and deformation on 
certain flap bell cranks. Investigation results identified frequent 
high load conditions as the cause for these events.
    This condition, if not detected and corrected, could lead to 
failure of the flap bell crank, possibly resulting in reduced 
control of the aeroplane.
    To address this potential unsafe condition, DAI issued 
[Mandatory Service Bulletin] MSB 42-126/42NG-066 and the 
corresponding [Work Instructions] WI MSB 42-126/42NG-066 (single 
document), providing inspection and modification instructions. 
Consequently, EASA issued AD 2017-0074 to require modification of 
the flap control system by installing two spacers to

[[Page 72896]]

replace a single long spacer, repetitive inspections of the flap 
bell crank, and, depending on findings, replacement of the flap bell 
crank with an improved part. That [EASA] AD also provided an 
optional terminating action by installing an improved flap bell 
crank.
    Since that [EASA] AD was issued, it was determined that early 
`Revisions' of P/N D60-2757-11-00 flap bell cranks are no longer 
acceptable and should be removed from service. Prompted by that 
determination, DAI issued the applicable MSB, as defined in this 
[EASA] AD, to provide the relevant instructions.
    For the reason described above, this [EASA] AD retains the 
requirements of EASA AD 2017-0074, which is superseded, expands the 
applicability, and requires removal from service of certain affected 
parts.

    You may examine the MCAI in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
1077.
    EASA made the determination to increase the applicability during a 
continued operational safety review. EASA determined that the earlier 
versions of the bellcranks could be installed on all serial-numbered 
airplanes and expanded the applicability accordingly.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Diamond Aircraft Mandatory Service Bulletin MSB 
42-126/1 and MSB 42NG-066/1, Revision 1, dated November 14, 2019 
(issued as one document) published with Diamond Aircraft Industries 
GmbH Work Instruction WI-MSB 42-126 and WI-MSB 42NG-066, Revision 1, 
dated November 14, 2019 (issued as one document) attached. This service 
information specifies procedures for inspecting the flap bell crank for 
cracks, installing two spacers instead of one long spacer, and 
replacing early revisions of the affected flap bell crank. 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 retain the actions of AD 2017-18-10 but 
would expand the applicability and prohibit installing a flap bell 
crank with part number D60-2757-11-00, up to and including revision 
``d.''

Differences Between This Proposed AD and the MCAI

    The MCAI applies to DAI Model DA 42 M airplanes, and this proposed 
AD would not because it does not have an FAA type certificate.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 200 airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this proposed 
AD:

                                                 Estimated Costs
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                                                                                                 Cost on U.S.
              Action                    Labor cost        Parts cost     Cost per airplane        operators
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Initial inspection and             4 work-hours x $85              $10  $350...............  $70,000.
 modification.                      per hour = $340.
Repetitive inspection............  2 work-hours x $85              N/A  $170 per inspection  $34,000 per
                                    per hour = $170.                     cycle.               inspection cycle.
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    The FAA estimates the following costs to replace the flap bell 
crank based on the results of the proposed inspection. The agency has 
no way of determining the number of airplanes that might need this 
replacement:

                                               On-Condition Costs
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                                                                                                     Cost per
                   Action                                 Labor cost                Parts cost       airplane
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Flap bell crank replacement................  1 work-hour x $85 per hour = $85...            $475            $560
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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 that the 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.

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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:
0
a. Removing Airworthiness Directive 2017-18-10, Amendment 39-19019 (82 
FR 42029, September 6, 2017); and
0
b. Adding the following new airworthiness directive:

Diamond Aircraft Industries GmbH: Docket No. FAA-2021-1077; Project 
Identifier MCAI-2021-00607-A.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by February 7, 2022.

(b) Affected ADs

    This AD replaces AD 2017-18-10, Amendment 39-19019 (82 FR 42029, 
September 6, 2017).

(c) Applicability

    This AD applies to Diamond Aircraft Industries GmbH Model DA 42, 
DA 42 M-NG, and DA 42 NG airplanes, all serial numbers, certificated 
in any category, with a flap bell crank part number (P/N) D60-2757-
11-00, up to and including revision ``f'' installed.

(d) Subject

    Joint Aircraft System Component (JASC) Code 2700, Flight Control 
System.

(e) Unsafe Condition

    This AD was prompted by reports of cracks and deformation on 
certain flap bell cranks. The FAA is issuing this AD to prevent 
failure of the flap bell crank. 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) Actions

    (1) Comply with paragraph (g)(2) or (g)(3) of this AD at 
whichever compliance time in paragraph (g)(1)(i) or (ii) of this AD 
occurs later.
    (i) Before the flap bell crank accumulates 600 hours time-in-
service (TIS); or
    (ii) Within 100 hours TIS after the effective date of this AD or 
within 6 months after the effective date of this AD, whichever 
occurs first.
    (2) For airplanes with a flap bell crank revision ``e'' or 
``f'': Inspect the flap bell crank P/N D60-2757-11-00 for cracks and 
deformation and modify the flap control system by installing two 
spacers, P/N DS BU2-10-06-0065-C, by following section III 
Instructions in Diamond Aircraft Industries GmbH Work Instruction 
WI-MSB 42-126 and WI-MSB 42NG-066, Revision 1, dated November 14, 
2019 (issued as one document) attached to Diamond Aircraft Mandatory 
Service Bulletin MSB 42-126/1 and MSB 42NG-066/1, Revision 1, dated 
November 14, 2019 (issued as one document).
    (i) If there is a crack or any deformation, you must replace the 
flap bell crank with P/N D60-2757-11-00_01, as required by step 6 of 
the Instructions, before further flight.
    (ii) If there are no cracks and no deformation, repeat the 
inspection (not the modification) at intervals not to exceed 200 
hours TIS until the flap bell crank is replaced with flap bell crank 
P/N D60-2757-11-00_01.
    (3) For airplanes with a flap bell crank up to revision ``d'': 
Replace the flap bell crank with P/N D60-2757-11-00_01 in accordance 
with section III Instructions in Diamond Aircraft Industries GmbH 
Work Instruction WI-MSB 42-126 and WI-MSB 42NG-066, Revision 1, 
dated November 14, 2019 (issued as one document) attached to Diamond 
Aircraft Mandatory Service Bulletin MSB 42-126/1 and MSB 42NG-066/1, 
Revision 1, dated November 14, 2019 (issued as one document).

(h) Prohibited Installation

    As of the effective date of this AD, do not install on any 
airplane a flap bell crank P/N D60-2757-11-00 with a revision up to 
and including revision ``d.''

(i) Credit for Previous Actions

    This paragraph provides credit for the actions required by 
paragraphs (g)(2) and (3) of this AD, if done before the effective 
date of this AD using Diamond Aircraft Industries GmbH Work 
Instruction WI-MSB 42-126 and WI-MSB 42NG-066, dated March 27, 2017 
(issued as one document) attached to Diamond Aircraft Mandatory 
Service Bulletin MSB 42-126 and MSB 42NG-066, dated March 27, 2017 
(issued as one document).

(j) 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 (k)(1) of this AD 
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.

(k) 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 Aviation Safety Agency (EASA) AD 2020-
0008, dated January 20, 2020, for more information. You may examine 
the EASA AD in the AD docket at https://www.regulations.gov by 
searching for and locating it in Docket No. FAA-2021-1077.
    (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; email: 
[email protected]; website: https://www.diamondaircraft.com. You 
may view this service information at the Airworthiness Products 
Section, Operational Safety Branch, FAA, 901 Locust, Kansas City, MO 
64106. For information on the availability of this material at the 
FAA, call (817) 222-5110.

    Issued on December 16, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-27790 Filed 12-22-21; 8:45 am]
BILLING CODE 4910-13-P