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
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-Strase 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 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:
mike.kiesov@faa.gov.

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-MAM 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.

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

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]

2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):