03/29/2010 14:28 8163294106 SAD PAGE 02/05 

^ 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

DFPTOFIBAHSFORWK 

Small Airplane Directorate 

901 Locust 

Kansas City, MO 6*1 OS 

30 

fAVi t '3 iBB 

Mr. Robert Kremtiitzer 

Chief, Office of Airworthiness 

Diamond aircraft Industries, GmbH 

N.A. Otto-Strasse 5 

A-2700 Wiener Neustadt 

Austria 

Dear Mr. Kremnitzer; 

We are enclosing a grant of your petition submitted on January 29,2010, requesting an 

exemption from the requirements of 14 CFR part 23, §§ 23.1419(a). The exemption allows 

Diamond to obtain a type certificate on the Diamond Model DA 42 M NG airplanes with a 

landing configuration stall speed in icing conditions that exceeds 61 knots. .If you have any 

questions, please contact Mr. Paul Pcllicano at the above address or call him on 404-474-

5558. 

Sincerely, 

, ^ Kim Smith 

Manager, Small Airplane Directorate 

Aircraft Certification Service 

Enclosure 
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Exemption No, 10037 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

KANSAS CITY, MO 6410(5 

In the matter of the petition of 

DIAMOND AIRCRAFT 

INDUSTRIES GmbH, 

(DIAMOND AIRCRAFT) 

for an exemption from § 23.1419(a) 

ofTitlel4, Codeof 

Federal Regulations 

Regulatory Docket No. FAA-2010-0091 

GRANT OF EXEMPTION 

By letter dated January 29, 2010, Mr, Robert Kreminitzer, Chief, Office of 

Airworthiness, Diamond Aircraft Industries GmbH, (Diamond Aircraft), N.A, Otto-Strasse 5, 

A-2700 Weiner-Neustadt, Austria, petitioned the Federal Aviation Administration (FAA) on 

behalf of Diamond Aircraft for an exemption from § 23.1419(a) of Title 14, Code of Federal 

Regulations (14 CFR). The proposed exemption, if granted, would allow a stall speed above 

61 knots in the landing configuration (Vgo), in icing conditions for the model DA-42 M-NO. 

Vso means the stalling speed or the minimum steady flight speed obtained in a specific 

configuration, as defined in 14 CFR part 1, § 1.2. 

The petitioner requests relief from the following regulation: 

Section 23.1419(a) prescribes that airplane performance, controllability, 

maneuverability, and stability must not be less than tliat required in part 23, subpart B, in 

the icing conditions defined in part 25, Appesndix C. Section 23.49 is included in 

subpart B peirformance, and § 23.49(c)(2) requires Vgo to be 61 loiots or less for the 

Diamond Aircraft model DA-42 M-NG, 

The petitioner supports its request with the following information: 

The petitioner states that compensating fcahires in support of the requested exemption 

are listed in FAA Advisory Circular (AC) 23,1419-2D, paragraph 13.a.(l)(c). Some of 

the compensating features include the following: 
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1. The airplane with no ice accretions meets the 61 knot stall speed requirement of 

§23,49(c). 

2. The airplane with critical ice accretions (as defined in paragraph 13b of AC 23.1419-

2D) complies with the stall warning requirement of § 23.207. Similar to the model 

DA-42 NG, the model DA-42 M-NG forward center of gravity limit was revised to 

comply with this requirement. 

3. The Airplane Flight Manual perfonnance data in icing conditions reflects the higher 

stall and operating speeds. 

4. The airplane with critical ice accretions has acceptable stall characteristics and is 

safely controllable with normal piloting skills. 

The petitioner states granting the exemption would benefit the public by increasing the 

utility of an airplane that incorporates new technologies which enhance safety, such as 

avionics that increase situational awareness. The utility of the airplane in icing would be 

reduced if the exemption were not granted because the weight of the airplane, and 

therefore the payload, would be reduced. The petitioner states safety is not adversely 

affected because the model DA-42 M-NG has all the compensating features listed in the 

AC. 

The Diamond Aircraft DA-42 M-NG is a derivative of the Diamond Aircraft DA-42 NG 

and DA-42. Similar exemption requests were granted for the Diamond Aircraft DA-42 NG 

(Exemption No. 10036) in 2010 and DA-42 (Exemption No. 9623) in 2008. A summary of 

the DA-42 exemption petition was published in the FEDERAL REGISTER on September 6, 

2006 (71 PR 52609). A similar exemption request was granted for the Cirrus Design 

Corporation SR22 (Exemption No. 9849) in 2009. A summary of the SR22 exemption 

petition was published in the FEDERAL REGISTER on February 17, 2009 (74 FR 7534). No 

comments were received for either exemption request. An Equivalent Level of Safety (ELOS) 

(No. ACE-02-10) was granted to the Extra 400 in 2002 prior to the FAA position that an 

exemption, not an ELOS, is appropriate. Since the.exemption request on the model DA-42 

M-NG is the same as previous requests, and the model DA-42 M-NG incorporates the 

compensating features listed in Advisory Circular 23.U19-2D, and granting the DA-42 M-NG 

petition does not set a precedent, we determined that we should not delay action on it by 

republisliing it for public comment. 

The FAA's analysis is as follows: 

The FAA finds that the model DA-42 M-NG, as modified'by the type design change 

defined by FAA project TD0326CE-A, incorporates the compensating features listed in 

Advisory Circular 23,1419-2D, paragraph 13.a.(l)(c). 
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The FAA*s Decision 

In consideration of the foregoing, I find that a grant of exemption is in the public 

interest. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 40113 and 44701, 

delegated to me by the Administrator, Diamond Aircraft Industries GmbH is granted an 

exemption from 14 CFR § 23.1419(a) to the extent necessary to allow certification of the ice 

protection system on the model DA-42 M-NG, subject to the conditions and limitations listed 

below. 

Conditions and Limitations 

1. Production model DA-42 M-NG airplanes, prior to being approved for flight in icing 

conditions, must be demonstrated to have a minimum stall warning margin of 10 knots 

indicated airspeed, with no ice, and no nuisance stall warning dtiring normal 

operations as described in Diamond Aircraft model DA-42 NG/M-NG production test 

card for "4.) Stall - Test," Form# IG,001DA42 NG/M-NG, Chapter 4, Revision 4, 

page 5 of 8-

Issued in Kansas City, MO on March 29, 2010. 

St«v?^ Thompson. 

Acting Manager, Small Airplane Directorate 

Aircraft Certification Service