|
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-2143; Project Identifier MCAI-2023-00088-A]
RIN 2120-AA64
Airworthiness Directives; Diamond Aircraft Industries GmbH
Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to supersede Airworthiness Directive
(AD)
2022-21-15, which applies to certain Diamond Aircraft Industries GmbH
(DAI) Model DA 42, DA 42 NG, and DA 42 M-NG airplanes. AD 2022-21-15
requires replacing the rudder T-yoke
axle with an improved rudder T-yoke axle. Since the FAA issued AD 2022-
21-15, the European Union Aviation Safety Agency (EASA) superseded its
mandatory continuing airworthiness information (MCAI) to correct an
unsafe condition on these products. This proposed AD would require, for
certain airplanes, inspecting the rudder steering bracket edge distance
and depending on the inspection results, inspecting the T-yoke bolt
hole for wear and play, and corrective action if necessary. For certain
airplanes this proposed AD would require replacing the rudder T-yoke
bolt (axle) with a serviceable part, and applying torque seal marks on
the rudder T-yoke bolt head, and self-locking nut. For all airplanes
this proposed AD would require repetitively inspecting the torque seal
marks on the rudder T-yoke bolt head for proper alignment and the self-
locking nut for proper installation and corrective action if necessary.
This proposed AD would also prohibit the installation of affected
parts. The FAA is proposing this AD to address the unsafe condition on
these products.
DATES: The FAA must receive comments on this NPRM by December 26,
2023.
ADDRESSES: You may send comments, using the procedures found in
14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to 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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-2143; 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 NPRM, the MCAI, any comments received, and other
information. The street address for Docket Operations is listed above.
Material Incorporated by Reference:
For service information identified in this NPRM, contact
Diamond Aircraft Industries GmbH, N.A. Otto-Strase 5, A-2700
Wiener Neustadt, Austria; phone: +43 2622 26700; email: airworthiness-austria@diamondaircraft.com;
website: 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 (817) 222-5110. It is also available at
regulations.gov under Docket No. FAA-2023-2143.
FOR FURTHER INFORMATION CONTACT: Penelope Trease, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone: (303) 342-1094; email: penelope.trease@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2023-2143; Project Identifier
MCAI-2023-00088-A'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to:
Penelope Trease, Aviation Safety Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590. Any commentary that the FAA receives
which is not specifically designated as CBI will be placed in the
public docket for this rulemaking.
Background
The FAA issued AD 2022-21-15, Amendment 39-22214 (87 FR 67541,
November 9, 2022) (AD 2022-21-15), for certain DAI Model DA 42, DA 42
NG, and DA 42 M-NG airplanes. AD 2022-21-15 was prompted by MCAI
originated by EASA, which is the Technical Agent for the Member States
of the European Union. EASA issued EASA AD 2019-0302, dated December
13, 2019 (EASA AD 2019-0302) to correct an unsafe condition on DAI
Model DA 42, DA 42 NG, and DA 42 M-NG airplanes. EASA AD 2019-0302
described the unsafe condition as reports of a loose rudder T-yoke axle
nut on DAI Model DA 42 airplanes and the need for new inspections for
correct installation of the self-locking nut to the rudder T-yoke
standard bolt LN 9037 (dimensions M6x90), and depending on findings,
accomplishment of applicable corrective action(s) and replacement of
the self-locking nut. EASA AD 2019-0302 also provided an optional
terminating action for the repetitive inspections. This condition, if
not detected and corrected, could lead to vertical movement of the
bolt, possibly resulting in reduced rudder control of the airplane.
AD 2022-21-15 requires replacing the rudder T-yoke axle with an
improved rudder T-yoke bolt. The FAA issued AD 2022-21-15 to prevent
movement of the T-yoke bolt.
Actions Since AD 2022-21-15 Was Issued
Since the FAA issued AD 2022-21-15, EASA superseded EASA AD 2019-
0302 and issued EASA AD 2023-0013, dated January 18, 2023 (EASA AD
2023-0013) (referred to after this as the MCAI) to correct an unsafe
condition on all DAI Model DA 42, DA 42 M, DA 42 NG, and DA 42 M-NG
airplanes.
The MCAI states that since EASA AD 2019-0302 was issued, DAI
published revised service information to provide additional inspection
and modification instructions. The MCAI requires a one-time inspection
of the rudder steering bracket for insufficient edge distance or wear,
replacement of rudder T-yoke standard bolt LN 9037 (dimensions M6x90)
with rudder T-yoke bolt part number (P/N) D60-5320-00-32, repetitive
inspections of rudder T-yoke bolt P/N D60-5320-00-32 for correct
installation, corrective actions if necessary, and prohibits
installation of rudder T-yoke standard bolt LN 9037 (dimensions M6x90).
The affected and serviceable parts, identified as ``bolt'' in EASA AD
2023-0013,
were referred to as ``axle'' in EASA AD 2019-0302.
This condition, if not detected and corrected, could lead to
blockage or loss of rudder control. You may examine the MCAI in the AD
docket at regulations.gov under Docket No. FAA-2023-2143.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Diamond Aircraft Mandatory Service Bulletin DAI
MSB 42-143/1 and DAI MSB 42NG-086/1, dated January 25, 2022 (issued as
one document), published with DAI Work Instruction WI-MSB 42-143 and
WI-MSB 42NG-086, Revision 3, dated November 15, 2022 (issued as one
document) attached. The service bulletin specifies compliance with the
work instruction, which contains procedures for inspecting the hole
position and condition in the rudder steering bracket.
The FAA also reviewed Diamond Aircraft Recommended Service Bulletin
DAI RSB 42-139 and DAI RSB 42NG-081, dated October 21, 2019 (issued as
one document), published with DAI Work Instruction WI-RSB 42-139 and
WI-RSB 42NG-081, Revision 2, dated November 15, 2022 (issued as one
document) attached. The service bulletin specifies compliance with the
work instruction, which contains procedures for replacement of the
rudder T-yoke axle with an improved (additional retaining pin) rudder
T-yoke axle.
In addition, the FAA reviewed Diamond Aircraft Mandatory Service
Bulletin DAI MSB 42-146 and DAI MSB 42NG-087, dated November 15, 2022,
(issued as one document). The service bulletin specifies the serial
numbers for airplanes identified as Group 2 in the requirements of this
proposed AD. 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.
FAA's Determination
These products have been approved by the aviation authority of
another country and are 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 described above. The FAA is issuing
this NPRM after determining that the unsafe condition described
previously is likely to exist or develop on other products of the same
type design.
Proposed AD Requirements in This NPRM
This proposed AD would retain the requirement of AD 2022-21-15 to
replace rudder T-yoke axle part number P/N LN 9037-M6x90 with rudder T-
yoke axle P/N D60-5320-00-32. This proposed AD would require, for
certain airplanes, inspecting the rudder steering bracket edge distance
and depending on the inspection results, inspecting the T-yoke bolt
hole for wear and play, and corrective actions if necessary. For
certain airplanes, this proposed AD would also require applying torque
seal marks on the T-yoke bolt head and self-locking nut. For all
airplanes, this proposed AD would require repetitively inspecting the
torque seal marks on the T-yoke bolt head for proper alignment, and the
self-locking nut for proper installation, and corrective action if
necessary. This proposed AD would also prohibit the installation of
affected parts.
Differences Between This Proposed AD and the MCAI
The MCAI applies to DAI Model DA 42 M airplanes and this proposed
AD does not because those airplanes do not have an FAA type
certificate.
Paragraph (3) of the MCAI specifies to contact the manufacturer for
repair instructions and paragraph (7) of the MCAI specifies to contact
the manufacturer for corrective actions if any discrepancy is found,
but for both of those corrective actions, this proposed AD would
require contacting either the Manager, International Validation Branch,
FAA; EASA; or Diamond's EASA Design Organization Approval (DOA)
instead. If approved by the DOA, the approval must include the DOA-
authorized signature.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 205 airplanes of U.S. registry.
The FAA estimates the following costs to comply with this proposed
AD:
Estimated Costs
| Action |
Labor cost |
Parts cost |
Cost per product |
Cost on U.S. operators |
| Inspection of rudder steering
bracket edge distance
|
0.25 work-hour x $85 per hour
= $21.25 |
$0 |
$21.25 |
$4,356.25 |
| Replacement of rudder t-yoke
bolt P/N LN 9037
with P/N D60-5320-0032 |
0.50 work-hour x $85 per hour
= $42.50 |
82 |
$124.50 |
$25,522.50 |
| Application of torque seal marks
to rudder T-yoke bolt and self-locking
nut |
0.75 work-hour x $85 per hour
= $63.75 |
15 |
$78.75 |
$16,143.75 |
| Repetitive inspection of torque
seal marks
|
0.25 work-hour x $85 per hour
= $21.25 |
0 |
$21.25, per inspection |
$4,356.25, per
inspection |
On-Condition Costs
|
Action
|
Labor cost
|
Parts cost
|
Cost per
product
|
| Inspection of rudder steering
bracket hole for wear and play, if edge distance is equal to or greater
than 11 millimeters |
0.50 work-hour x $85 per hour
= $42.50 |
$0
|
$42.50
|
Since the replacement or repair instructions
could vary
significantly from airplane to airplane if discrepancies are found
during the inspections, the FAA has no data to determine the number of
airplanes that would need follow-on actions or what the cost per
airplane would be.
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
The FAA 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 that the proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would 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:
a. Removing Airworthiness Directive 2022-21-15, Amendment 39-22214 (87
FR 67541, November 9, 2022); and
b. Adding the following new airworthiness directive:
|