[Federal Register Volume 84, Number 63 (Tuesday, April 2, 2019)]
[Proposed Rules]
[Pages 12532-12534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06280]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0203; Product Identifier 2018-CE-052-AD]
RIN 2120-AA64


Airworthiness Directives; Diamond Aircraft Industries GmbH 
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain Diamond Aircraft Industries GmbH Model DA 42 NG and Model DA 42 
M-NG airplanes. This proposed AD results from 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 unsafe condition in the MCAI is insufficient 
clearance of the gust lock mounts on the pilot side rudder pedals. We 
are issuing this proposed AD to require actions to

[[Page 12533]]

address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by May 17, 2019.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Diamond Aircraft Industries GmbH, N.A. Otto-Stra[szlig]e 5, A-2700 
Wiener Neustadt, Austria, telephone: +43 2622 26700; fax: +43 2622 
26780; email: [email protected]; Internet: http://www.diamondaircraft.com. You may review this referenced service 
information at the FAA, Policy and Innovation Division, 901 Locust, 
Kansas City, Missouri 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 on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0203; 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 proposed AD, the regulatory evaluation, any comments received, and 
other information. The street address for Docket Operations (telephone 
(800) 647-5527) is in the ADDRESSES section. Comments will be available 
in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aerospace Engineer, FAA, 
Small Airplane Standards Branch, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4144; fax: (816) 329-4090; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2019-0203; 
Product Identifier 2018-CE-052-AD'' at the beginning of your comments. 
We specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this proposed AD. We will consider 
all comments received by the closing date and may amend this proposed 
AD because of those comments.
    We will post all comments we receive, without change, to http://regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued AD 
No. 2018-0214, dated October 4, 2018 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
MCAI states:

    During production check-out of two DA 42 NG aeroplanes, it was 
noticed that, with the adjustable rudder pedals in full forward 
position, the gust lock mounts slightly touched the canopy gas 
spring damper. The subsequent investigation found that this was due 
to an unfavourable combination of production tolerances on these two 
aeroplanes. [Diamond Aircraft Industries GmbH] DAI determined that 
other aeroplanes of the same build standard (configuration) may also 
be affected.
    This condition, if not corrected, could lead to restricted 
rudder travel, possibly resulting in reduced control of the 
aeroplane.
    Prompted by these findings, DAI published the [mandatory service 
bulletin] MSB, providing modification instructions to remove the 
gust lock mounts on the pilot (left-hand, LH) side rudder pedals to 
ensure sufficient clearance, regardless of production tolerances and 
rudder pedal position.
    For the reason described above, this [EASA] AD requires 
implementation of a temporary revision (TR) to the applicable 
Airplane Flight Manual (AFM) and a modification, removing the pilot 
(LH) side rudder pedal gust lock mounts.

    You may examine the MCAI on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0203.

Related Service Information Under 1 CFR Part 51

    We reviewed Diamond Aircraft Temporary Revision TR-M[Auml]M 42-1097 
Gustlock on Co-Pilot Side only, Doc. #7.01.15-E, dated July 18, 2018 
(TR-MAM 42-1097), which contains amended figures related to the gust 
lock belt. We also reviewed Diamond Aircraft Industries GmbH Work 
Instruction WI-MSB 42NG-077, dated August 20, 2018, which contains 
procedures for removing the pilot (LH) side rudder pedal gust lock 
mounts and specifies inserting a copy of TR-MAM 42-1097 into the 
airplane flight manual (AFM). 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 and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with this State of Design Authority, they 
have notified us of the unsafe condition described in the MCAI and 
service information referenced above. We are proposing this AD because 
we evaluated all information and determined the unsafe condition exists 
and is likely to exist or develop on other products of the same type 
design.

Costs of Compliance

    We estimate that this proposed AD would affect 53 products of U.S. 
registry. We also estimate that it would take about 1 work-hour per 
product to comply with the removal of the pilot side rudder pedal gust 
lock mounts and to insert copy of TR-MAM 42-1097 into the AFM. The 
average labor rate is $85 per work-hour. Required parts would cost 
about $10 per product.
    Based on these figures, we estimate the cost of this proposed AD on 
U.S. operators to be $5,035, or $95 per product.

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.
    We are 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.

[[Page 12534]]

    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to small airplanes, gliders, 
balloons, airships, domestic business jet transport airplanes, and 
associated appliances to the Director of the Policy and Innovation 
Division.

Regulatory Findings

    We 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) Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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 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 (AD):

Diamond Aircraft Industries GmbH: Docket No. FAA-2019-0203; Product 
Identifier 2018-CE-052-AD.

(a) Comments Due Date

    We must receive comments by May 17, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Diamond Aircraft Industries GmbH (Diamond) 
Model DA 42 NG and Model DA 42 M-NG airplanes, serial numbers 
42.N202, 42.N203, 42.N205 through 42.N207, 42.N210 through 42.N214, 
42.N229 through 42.N338, 42.N340, 42.MN055, 42.MN057, and 42.MN058, 
certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 27: Flight 
Controls.

(e) Reason

    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 unsafe condition reported by the MCAI is insufficient 
clearance of the gust lock mounts on the pilot side rudder pedals. 
We are issuing this AD to prevent restricted rudder travel, which 
could result in reduced control of the airplane.

(f) Actions and Compliance

    Unless already done, do the following actions in paragraphs 
(f)(1) and (2) of this AD.
    (1) Within the next 100 hours time-in-service after the 
effective date of this AD:
    (i) Remove the pilot (left-hand) side rudder pedal gust lock 
mounts in accordance with steps 1 through 5 of the Instructions in 
Diamond Aircraft Industries GmbH Work Instruction WI-MSB 42NG-077, 
dated August 20, 2018.
    (ii) Revise the airplane flight manual (AFM) by adding the 
figures on page 8-11a of Diamond Aircraft Temporary Revision TR-
M[Auml]M 42-1097 Gustlock on Co-Pilot Side only, Doc. #7.01.15-E, 
dated July 18, 2018, into Chapter 8 of the AFM.
    (2) As of the effective date of this AD, do not install on any 
airplane a pilot (left-hand) side rudder pedal gust lock mount.

(g) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Small Airplane Standards Branch, FAA, has the authority to approve 
AMOCs for this AD, if requested using the procedures found in 14 CFR 
39.19. Send information to ATTN: Mike Kiesov, Aerospace Engineer, 
FAA, Small Airplane Standards Branch, 901 Locust, Room 301, Kansas 
City, Missouri 64106; telephone: (816) 329-4144; fax: (816) 329-
4090; email: [email protected]. Before using any approved AMOC on 
any airplane to which the AMOC applies, notify your appropriate 
principal inspector (PI) in the FAA Flight Standards District Office 
(FSDO), or lacking a PI, your local FSDO.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must 
instead be accomplished using a method approved by the Manager, 
Small Airplane Standards Branch, FAA, or the European Aviation 
Safety Agency (EASA).

(h) Related Information

    Refer to MCAI EASA AD No. 2018-0214, dated October 4, 2018; and 
Diamond Mandatory Service Bulletin MSB 42NG-077, dated August 20, 
2018, for related information. You may examine the MCAI on the 
internet at http://www.regulations.gov by searching for and locating 
Docket No. FAA-2019-0203. For service information related to this 
AD, contact Diamond Aircraft Industries GmbH, N.A. Otto-Stra[szlig]e 
5, A-2700 Wiener Neustadt, Austria, telephone: +43 2622 26700; fax: 
+43 2622 26780; email: [email protected]; internet: http://www.diamondaircraft.com. You may review this referenced service 
information at the FAA, Policy and Innovation Division, 901 Locust, 
Kansas City, Missouri 64106. For information on the availability of 
this material at the FAA, call (816) 329-4148.

    Issued in Kansas City, Missouri, on March 25, 2019.
Melvin J. Johnson,
Aircraft Certification Service, Deputy Director, Policy and Innovation 
Division, AIR-601.
[FR Doc. 2019-06280 Filed 4-1-19; 8:45 am]
BILLING CODE 4910-13-P


