Rule2021-25011
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
November 16, 2021
Effective
December 21, 2021
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 218 (Tuesday, November 16, 2021)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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: <a href="/cdn-cgi/l/email-protection#b7d8d1d1ded4d2f7d3ded6dad8d9d39ad6dec599d6c3"><span class="__cf_email__" data-cfemail="472821212e242207232e262a2829236a262e35692633">[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, Kansas City, MO 64106. For information on the availability of
this material at the FAA, call (816) 329-4148. It is also available at
<a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No.
FAA-2021-0602.
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 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: <a href="/cdn-cgi/l/email-protection#adddc8c3c8c1c2ddc883d9dfc8ccdec8edcbcccc83cac2db"><span class="__cf_email__" data-cfemail="b7c7d2d9d2dbd8c7d299c3c5d2d6c4d2f7d1d6d699d0d8c1">[email protected]</span></a>.
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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: <a href="/cdn-cgi/l/email-protection#2b12066a7d78066a6279061c181b066a6664686b4d4a4a054c445d"><span class="__cf_email__" data-cfemail="ab9286eafdf886eae2f9869c989b86eae6e4e8ebcdcaca85ccc4dd">[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#1c6c79727970736c7932686e797d6f795c7a7d7d327b736a"><span class="__cf_email__" data-cfemail="6d1d08030801021d0843191f080c1e082d0b0c0c430a021b">[email protected]</span></a>.
(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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>
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: <a href="/cdn-cgi/l/email-protection#5a353c3c33393f1a3e333b3735343e773b3328743b2e"><span class="__cf_email__" data-cfemail="91fef7f7f8f2f4d1f5f8f0fcfefff5bcf0f8e3bff0e5">[email protected]</span></a>; website: <a href="https://www.diamondaircraft.com">https://www.diamondaircraft.com</a>.
(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: <a href="/cdn-cgi/l/email-protection#dcbaaef2b5b2afacb9bfa8b5b3b29cb2bdaebdf2bbb3aa"><span class="__cf_email__" data-cfemail="bcdace92d5d2cfccd9dfc8d5d3d2fcd2ddcedd92dbd3ca">[email protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
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
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