[Federal Register Volume 84, Number 150 (Monday, August 5, 2019)]
[Rules and Regulations]
[Pages 37959-37961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16573]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0203; Product Identifier 2018-CE-052-AD; Amendment 
39-19689; AD 2019-14-11]
RIN 2120-AA64


Airworthiness Directives; Diamond Aircraft Industries GmbH 
Airplanes

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

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Diamond Aircraft Industries GmbH Model DA 42 NG and Model DA 42 
M-NG airplanes. This AD results from mandatory continuing airworthiness 
information (MCAI) issued 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. The FAA is issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective September 9, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of September 9, 
2019.

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, telephone: +43 2622 26700; fax: +43 2622 
26780; email: office@diamond-air.at; internet: http://www.diamondaircraft.com. You may view 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. It is also available on 
the internet at http://www.regulations.gov by searching for Docket No. 
FAA-2019-0203.

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 final rule, the regulatory evaluation, 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: 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: 
mike.kiesov@faa.gov.

SUPPLEMENTARY INFORMATION: 

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain Diamond 
Aircraft Industries GmbH Model DA 42 NG and Model DA 42 M-NG airplanes. 
The NPRM published in the Federal Register on April 2, 2019 (84 FR 
12532). The NPRM proposed to require removing the left-hand pilot 
rudder pedal gust lock mounts and revising the airplane flight manual. 
The NPRM was based on MCAI originated by the European Aviation Safety 
Agency (EASA), which is the Technical Agent for the Member States of 
the European Community. 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.

The MCAI can be found in the AD docket on the internet at https://www.regulations.gov/document?D=FAA-2019-0203-0002.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The FAA received no

[[Page 37960]]

comments on the NPRM or on the determination of the cost to the public.

Conclusion

    The FAA reviewed the relevant data and determined that air safety 
and the public interest require adopting this final rule as proposed.

Related Service Information Under 1 CFR Part 51

    The FAA 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. The FAA 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 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.

Other Related Service Information

    The FAA also reviewed Diamond Mandatory Service Bulletin MSB 42NG-
077, dated August 20, 2018, which specifies complying with the most 
recent issue of Work Instruction WI-MSB 42NG-077.

Costs of Compliance

    The FAA estimates that this AD will affect 53 products of U.S. 
registry. The FAA also estimates that it will 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 will cost about 
$10 per product.
    Based on these figures, the FAA estimates the cost of this 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.
    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.
    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

    The FAA determined that 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 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.

Adoption of 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 (AD):

2019-14-11 Diamond Aircraft Industries GmbH: Amendment 39-19689; 
Docket No. FAA-2019-0203; Product Identifier 2018-CE-052-AD.

(a) Effective Date

    This AD is effective September 9, 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. 
The FAA is 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 September 9, 
2019 (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 September 9, 2019 (the effective date of this AD), do 
not install on any airplane a pilot (left-hand) side rudder pedal 
gust lock mount.

(g) 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: mike.kiesov@faa.gov. Before 
using any approved AMOC on any airplane to which the AMOC applies, 
notify your appropriate principal inspector (PI) in the FAA Flight

[[Page 37961]]

Standards District Office (FSDO), or lacking a PI, your local FSDO.

(h) Related Information

    Refer to MCAI European Aviation Safety Agency (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 https://www.regulations.gov/document?D=FAA-2019-0203-0002. Service 
information related to this final rule is available at the address 
in paragraph (i)(3) of this AD.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) 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 this AD specifies otherwise.
    (i) Diamond Aircraft Industries GmbH Work Instruction WI-MSB 
42NG-077, dated August 20, 2018.
    (ii) 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.
    (3) For Diamond Aircraft Industries GmbH service information 
identified in 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: 
office@diamond-air.at; internet: http://www.diamondaircraft.com.
    (4) You may view this 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.
    (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, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on July 19, 2019.
Melvin J. Johnson,
Aircraft Certification Service, Deputy Director, Policy and Innovation 
Division, AIR-601.
[FR Doc. 2019-16573 Filed 8-2-19; 8:45 am]
 BILLING CODE 4910-13-P


