Proposed Rule2021-16464
Airworthiness Directives; Diamond Aircraft Industries GmbH Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 3, 2021
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 146 (Tuesday, August 3, 2021)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions for submitting comments.
<bullet> Fax: (202) 493-2251.
<bullet> 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.
<bullet> 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:
<a href="/cdn-cgi/l/email-protection#cda2ababa4aea88da9a4aca0a2a3a9e0aca4bfe3acb9"><span class="__cf_email__" data-cfemail="f9969f9f909a9cb99d90989496979dd498908bd7988d">[email protected]</span></a>; website: <a href="https://www.diamondaircraft.com">https://www.diamondaircraft.com</a>. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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: <a href="/cdn-cgi/l/email-protection#c5b5a0aba0a9aab5a0ebb1b7a0a4b6a085a3a4a4eba2aab3"><span class="__cf_email__" data-cfemail="a2d2c7ccc7cecdd2c78cd6d0c7c3d1c7e2c4c3c38cc5cdd4">[email protected]</span></a>.
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
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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:
<a href="/cdn-cgi/l/email-protection#ba8397fbece997fbf3e8978d898a97fbf7f5f9fadcdbdb94ddd5cc"><span class="__cf_email__" data-cfemail="20190d6176730d6169720d1713100d616d6f63604641410e474f56">[email protected]</span></a>.
(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: <a href="/cdn-cgi/l/email-protection#a6d6c3c8c3cac9d6c388d2d4c3c7d5c3e6c0c7c788c1c9d0"><span class="__cf_email__" data-cfemail="5d2d38333831322d3873292f383c2e381d3b3c3c733a322b">[email protected]</span></a>.
(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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>
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: <a href="/cdn-cgi/l/email-protection#9df2fbfbf4fef8ddf9f4fcf0f2f3f9b0fcf4efb3fce9"><span class="__cf_email__" data-cfemail="e18e8787888284a18588808c8e8f85cc808893cf8095">[email protected]</span></a>; website: <a href="https://www.diamondaircraft.com">https://www.diamondaircraft.com</a>. 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
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