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2021-22-03 DIAMOND AIRCRAFT INDUSTRIES GMBH: Amendment 39-21776; Docket No. FAA-2021-0602; Project Identifier 2019-CE-022-AD.
(a) EFFECTIVE DATE

    This airworthiness directive (AD) is effective December 21, 2021.

(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, all serial numbers,  certificated in any
    category.

(d) SUBJECT

    Joint Aircraft  System Component  (JASC) Code  3221, Nose/Tail Landing
    Gear Attach Section.

(e) UNSAFE CONDITION

    This AD was prompted by mandatory continuing airworthiness information
    (MCAI)  originated  by an  aviation  authority of  another  country to
    identify and address an unsafe  condition on an aviation product.  The
    MCAI describes  the unsafe  condition as  failure of  the nose landing
    gear (NLG) actuator attachment lever and detachment from the NLG  leg.
    The FAA is  issuing this AD  to detect and  correct cracks in  the NLG
    actuator attachment  lever, which  could result  in restricted  rudder
    travel with the NLG retracted and reduced airplane control.

(f) COMPLIANCE

    Comply with this AD within the compliance times specified,  unless al-
    ready done.

(g) DEFINITION OF AIRWORTHY PART

    For the purposes of this AD, an airworthy part is an NLG leg  assembly
    that has accumulated 1,800 or fewer hours time-in-service (TIS)  since
    first installation on  an airplane or  that has passed  the inspection
    (no cracks and no damage) required by paragraph (h)(1) of this AD.

(h) REQUIRED ACTIONS

(1) Inspect the NLG actuator attachment lever for cracks and damage in the
    areas shown  in paragraph 2  of  the  Instructions in Diamond Aircraft
    Work Instruction WI-MSB 42-136 and WI-MSB 42NG-078, Revision 1,  dated
    January 24, 2019 (issued as one document) attached to Diamond Aircraft
    Mandatory Service Bulletin MSB 42-136/1 and MSB 42NG-078 dated January
    24, 2019 (issued as one document)  at the following applicable compli-
    ance times in paragraph (h)(1)(i) or (ii) of this AD:

(i) For airplanes with an NLG assembly  that  has  accumulated  less  than
    1,800 hours TIS as of the effective date of this AD: Within 200  hours
    TIS after the  NLG assembly accumulates  1,800 hours TIS  or within 12
    months after the NLG  assembly accumulates 1,800 hours  TIS, whichever
    occurs first, and thereafter at intervals not to exceed 200 hours TIS;
    or

(ii) For airplanes with an NLG assembly that has accumulated 1,800 or more
     hours TIS as of the effective  date of this AD: Within 210  hours TIS
     after the effective  date of this  AD or within  12 months after  the
     effective date of this AD,  whichever occurs first, and thereafter at
     intervals not to exceed 200 hours TIS.

(2) After each inspection required  by  paragraph (h)(1)  of  this  AD, if
    there is a crack or damage  on the NLG actuator attachment lever,  be-
    fore further flight,  replace  the NLG leg assembly  with an airworthy
    part as defined by this AD.

(3) As of the effective date of this AD,  do not install an NLG leg assem-
    bly on any airplane unless it is an airworthy part  as defined by this
    AD.

(i) ALTERNATIVE METHODS OF COMPLIANCE (AMOCS)

(1) The Manager,  International  Validation  Branch,  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 (j)(1) of this AD or email: 9-AVS-AIR-730-AMOC
    @faa.gov.

(2) Before using any approved AMOC,  notify your appropriate principal in-
    spector,  or  lacking a principal inspector,  the manager of the local
    flight standards district office/certificate holding district office.

(j) RELATED 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: penelope.trease@faa.gov.

(2) Refer to European Union  Aviation Safety Agency  (EASA)  AD 2019-0066,
    dated March 27, 2019,  for more information.  You may examine the EASA
    AD in the AD docket  at  https://www.regulations.gov  by searching for
    and locating Docket No. FAA-2021-0602.

(k) 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 Mandatory Service Bulletin MSB 42-136/1 and MSB 42NG-
    078, dated January 24, 2019  (issued as one document)  published  with
    Diamond Aircraft Work Instruction WI-MSB 42-136  and  WI-MSB 42NG-078,
    Revision 1, dated January 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-Strase 5,  A-2700 Wiener Neustadt, Austria;
    phone: +43 2622 26700; fax: +43 2622 26780; email: office@diamond-air.
    at; website: https://www.diamondaircraft.com.

(4) You may view this service information at 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
    (816) 329-4148.

(5) You may view this service information  that is incorporated  by refer-
    ence at the National Archives and Records Administration  (NARA).  For
    information on the availability  of this material at NARA,  email: fr.
    inspection@nara.gov,   or   go  to:  https://www.archives.gov/federal-
    register/cfr/ibr-locations.html.

Issued on October 13, 2021. Gaetano A Sciortino, Deputy Director for Stra-
tegic Initiatives,  Compliance & Airworthiness Division, Aircraft Certifi-
cation Service.

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:
penelope.trease@faa.gov.
PREAMBLE 

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0602; Project Identifier 2019-CE-022-AD; Amendment
39-21776; AD 2021-22-03]
RIN 2120-AA64

Airworthiness Directives; Diamond Aircraft Industries GmbH Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Diamond Aircraft Industries GmbH Model DA 42, DA 42 NG, and DA 42 M-NG
airplanes. 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 MCAI identifies the unsafe condition as failure of the
nose landing gear (NLG) actuator attachment lever and detachment from
the NLG leg. This AD requires repetitively inspecting the NLG actuator
attachment lever for cracks and damage and taking any necessary
corrective actions. The FAA is issuing this AD to address the unsafe
condition on these products.

DATES: This AD is effective December 21, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 21,
2021.

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; phone: +43 2622 26700; fax: +43 2622
26780; email: office@diamond-air.at; website: https://www.diamondaircraft.com.
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 (816) 329-4148. It is also available at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2021-0602.

Examining the AD Docket

You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0602; 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.

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: penelope.trease@faa.gov.

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 all Diamond Aircraft
Industries GmbH Model DA 42, DA 42 NG, and DA 42 M-NG airplanes. The
NPRM published in the Federal Register on August 3, 2021 (86 FR 41786).
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 AD 2019-0066, dated March 27,
2019 (referred to after this as ``the MCAI''), to correct an unsafe
condition for Diamond Aircraft Industries GmbH (Austria) and Diamond
Aircraft Industries Inc. (Canada) Model DA 42, DA 42 M, DA 42 NG, and
DA 42 M-NG airplanes. The MCAI states:

An occurrence was reported of a failed NLG actuator attachment
lever, resulting in disconnection from the NLG leg. When the landing
gear (LG) was retracted, the NLG actuator interfered with the rudder
control rods, forcing the rudder into left-hand deflection. After
lowering the LG, full rudder control was restored. The investigation
results showed that the actuator lever failed due to a crack that
had developed over a longer time period.
This condition, if not detected and corrected, could lead to
restricted rudder travel in LG retracted configuration, possibly
resulting in reduced control of the aeroplane.
To address this potential unsafe condition, [Diamond Aircraft
Industries] DAI issued the applicable [mandatory service bulletin]
MSB, providing instructions to inspect the affected part.
For the reason described above, this [EASA] AD requires
repetitive inspections of the NLG leg actuator attachment lever and,
depending on findings, replacement of the NLG leg.

You may examine the MCAI in the AD docket at https://www.regulations.gov
by searching for and locating Docket No. FAA-2021-0602.

Discussion of Final Airworthiness Directive

Comments

The FAA received no comments on the NPRM or on the determination of
the costs.

Conclusion

This product has been approved by the aviation authority of another
country and is 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 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 Mandatory Service Bulletin MSB
42-136/1 and MSB 42NG-078, dated January 24, 2019 (issued as one
document) published with Diamond Aircraft Work Instruction WI-MSB 42-
136 and WI-MSB 42NG-078, Revision 1, dated January 24, 2019 (issued as
one document) attached. The service information contains procedures for
repetitively inspecting the NLG actuator attachment lever and replacing
the NLG leg assembly as necessary. 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 Model DA 42, DA 42 M, DA 42 NG, and DA 42 M-NG
airplanes. This AD does not apply to the Model DA 42 M airplane because
it does not have an FAA type certificate.

Costs of Compliance

The FAA estimates that this AD affects 40 airplanes of U.S.
registry. The FAA also estimates it will take about 1 work-hour per
airplane to comply with the inspection required by this AD and no parts
would be necessary. The average labor rate is $85 per work-hour.
Based on these figures, the FAA estimates the inspection cost of
this AD on U.S. operators to be $3,400 or $85 per airplane.
In addition, the FAA estimates that any necessary replacement
actions will take 6 work-hours and require parts costing $1,500, for a
cost of $2,010 per airplane. The FAA has no way of determining the
number of airplanes that may need these actions.

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

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: