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]
Airworthiness Directives; Diamond Aircraft Industries GmbH
AGENCY: Federal Aviation Administration (FAA), Department of
ACTION: Final rule.
SUMMARY: The FAA is adopting a new airworthiness directive (AD)
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,
ADDRESSES: For service information identified in this final rule,
contact Diamond Aircraft Industries GmbH, N.A. Otto-Strase 5, A-
2700 Wiener Neustadt, Austria, telephone: +43 2622 26700; fax: +43 2622
26780; email: email@example.com; internet: http://www.diamondaircraft.com.
You may view this referenced service information at the FAA, Policy and
Division, 901 Locust, Kansas City, Missouri 64106. For information on
of this material at the FAA, call (816) 329-4148. It is also available
the internet at http://www.regulations.gov by searching for Docket No.
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,
Small Airplane Standards Branch, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329-4144; fax: (816) 329-4090; email:
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
This condition, if not corrected, could lead to restricted
rudder travel, possibly resulting in reduced control of the
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.
The FAA gave the public the opportunity to participate in
developing this final rule. The FAA received no comments on the NPRM or
on the determination of the cost to the public.
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
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
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
(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
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
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