Rule2022-24370
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 9, 2022
Effective
December 14, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 216 (Wednesday, November 9, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-24370]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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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.
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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 <a href="http://regulations.gov">regulations.gov</a> 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:
<bullet> 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#a3ccc5c5cac0c6e3c7cac2cecccdc78ec2cad18dc2d7"><span class="__cf_email__" data-cfemail="6b040d0d02080e2b0f020a0604050f460a0219450a1f">[email protected]</span></a>; website: <a href="http://diamondaircraft.com">diamondaircraft.com</a>.
<bullet> 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
<a href="http://regulations.gov">regulations.gov</a> 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: <a href="/cdn-cgi/l/email-protection#f9899c979c9596899cd78d8b9c988a9cb99f9898d79e968f"><span class="__cf_email__" data-cfemail="46362328232a293623683234232735230620272768212930">[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 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 <a href="http://regulations.gov">regulations.gov</a> 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:
<a href="/cdn-cgi/l/email-protection#340d1975626719757d66190307041975797b77745255551a535b42"><span class="__cf_email__" data-cfemail="655c4824333648242c37485256554824282a26250304044b020a13">[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.
(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: <a href="/cdn-cgi/l/email-protection#0a7a6f646f66657a6f247e786f6b796f4a6c6b6b246d657c"><span class="__cf_email__" data-cfemail="4030252e252c2f30256e343225213325002621216e272f36">[email protected]</span></a>.
(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 <a href="http://regulations.gov">regulations.gov</a> 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: <a href="/cdn-cgi/l/email-protection#6f000909060c0a2f0b060e0200010b420e061d410e1b"><span class="__cf_email__" data-cfemail="711e1717181214311518101c1e1f155c1018035f1005">[email protected]</span></a>; website: <a href="http://diamondaircraft.com">diamondaircraft.com</a>.
(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: <a href="/cdn-cgi/l/email-protection#cfa9bde1a6a1bcbfaaacbba6a0a18fa1aebdaee1a8a0b9"><span class="__cf_email__" data-cfemail="bbddc995d2d5c8cbded8cfd2d4d5fbd5dac9da95dcd4cd">[email protected]</span></a>, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
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
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