[Federal Register Volume 87, Number 216 (Wednesday, November 9, 2022)]
[Rules and Regulations]
[Pages 67541-67543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24370]



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 Rules and Regulations
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  Federal Register / Vol. 87, No. 216 / Wednesday, November 9, 2022 / 
Rules and Regulations  

[[Page 67541]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-1070; Project Identifier 2020-CE-004-AD; Amendment 
39-22214; AD 2022-21-15]
RIN 2120-AA64


Airworthiness Directives; Diamond Aircraft Industries GmbH 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting 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 AD is 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 AD requires replacing the rudder T-yoke 
axle with an improved rudder T-yoke axle. The FAA is issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective December 14, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 14, 
2022.

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under 
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 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.
    Material Incorporated by Reference:
     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: 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. It is also available at 
regulations.gov under Docket No. FAA-2021-1070.

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 certain serial-numbered 
DAI Model DA 42, DA 42 NG, and DA 42 M-NG airplanes. The NPRM published 
in the Federal Register on December 14, 2021 (86 FR 70987). 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 EASA AD 2019-0302, dated December 13, 
2019 (referred to after this as ``the MCAI''), to address the unsafe 
condition on DAI Model DA 42, DA 42 M, DA 42 NG, and DA 42 M-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 nut. This [EASA] AD also provides an optional terminating 
action for the repetitive inspections.

    You may examine the MCAI in the AD docket at regulations.gov by 
searching for and locating Docket No. FAA-2021-1070.
    In the NPRM, the FAA proposed to require replacing the rudder T-
yoke axle with an improved rudder T-yoke axle. 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.

Discussion of Final Airworthiness Directive

Comments

    The FAA received one comment from DAI. The following presents the 
comment received on the NPRM and the FAA's response to the comment.

Request To Include New Mandatory Service Bulletin Published by DAI in 
the NPRM

    DAI requested that the FAA revise the NPRM to include recently 
published Diamond Aircraft Mandatory Service Bulletin DAI MSB 42-143 
and MSB 42NG-086, dated December 23, 2021 (issued as one document), and 
explained this service bulletin further rectifies the unsafe condition 
of the movement of the T-yoke axle by specifying instructions to apply 
torque seal marks to the head of the T-yoke axle and to the self-
locking nut. DAI further explained that the temporary revision of the 
aircraft maintenance manual (AMM) specifies visual inspection of these 
torque seal marks during every annual inspection. According to DAI, the 
additional visual inspection of the torque seal marks incorporated in 
Diamond Aircraft Mandatory Service Bulletin DAI MSB 42-143 and MSB 
42NG-086, dated December 23, 2021, replaces the ``Inspection of Rudder 
T-yoke axle Nut for Looseness'' section of Diamond Aircraft Mandatory 
Service Bulletin DAI MSB 42-137/1 and MSB 42NG-079/1, dated December 
11, 2021 (issued as one document), that was previously mandated by EASA 
AD 2019-0302.
    The FAA disagrees. In the NPRM, the FAA did not propose to require 
the

[[Page 67542]]

repetitive inspection of the T-yoke axle nut, as specified in Diamond 
Aircraft Mandatory Service Bulletin DAI MSB 42-137/1 and MSB 42NG-079/
1, dated December 11, 2021, to correct the unsafe condition, but 
instead proposed to require replacement of the rudder T-yoke axle with 
an improved rudder T-yoke axle. Therefore, Diamond Aircraft Mandatory 
Service Bulletin DAI MSB 42-143 and MSB 42NG-086, dated December 23, 
2021, is not required by the FAA to correct the unsafe condition. If 
EASA issues an AD to mandate additional actions specified in DAI 
service information, the FAA will evaluate the requirements in the EASA 
AD and consider additional rulemaking.

Conclusion

    These products have been approved by the aviation authority of 
another country and are 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, considered the comment received, 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 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.

Differences Between This AD and the MCAI

    The MCAI applies to the Model DA 42 M airplane, and this AD does 
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 AD requires installing rudder T-yoke axle P/N 
D60-5320-00-32 and does not have an inspection requirement.

Costs of Compliance

    The FAA estimates that this AD affects 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 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

    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 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:

2022-21-15 Diamond Aircraft Industries GmbH: Amendment 39-22214; 
Docket No. FAA-2021-1070; Project Identifier 2020-CE-004-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective December 14, 
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

[[Page 67543]]

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, 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) Additional 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 
2019-0302, dated December 13, 2019, for related information. This 
EASA AD may be found in the AD docket at regulations.gov under 
Docket No. FAA-2021-1070.

(j) 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 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.
    (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: diamondaircraft.com.
    (4) 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.
    (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: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on October 7, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-24370 Filed 11-8-22; 8:45 am]
BILLING CODE 4910-13-P