7708 Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Rules and Regulations 

at https://www.regulations.gov by searching 

for and locating Docket No. FAA–2021–0886. 

(5) You may view this material that is 

incorporated by reference 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/ibrlocations.html. 

Issued on January 7, 2022. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2022–02748 Filed 2–9–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–0952; Project 

Identifier 2019–CE–039–AD; Amendment 

39–21918; AD 2022–03–01] 

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 certain 

Diamond Aircraft Industries GmbH 

(DAI) Model DA 42, DA 42 M–NG, and 

DA 42 NG airplanes. This AD was 

prompted by mandatory continuing 

airworthiness information (MCAI) 

issued by the aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as dissolved or detached fuel 

tank hose material entering the main 

fuel tank chambers, which could result 

in restricted fuel flow with consequent 

fuel starvation. This AD requires 

removing the fuel tank connection hoses 

from service and inspecting the fuel 

tank connection hoses for damage and 

detached rubber material. The FAA is 

issuing this AD to address the unsafe 

condition on these products. 

DATES: This AD is effective March 17, 

2022. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of March 17, 2022. 

ADDRESSES: For service information 

identified in this final rule, contact 

Diamond Aircraft Industries GmbH, 

N.A. Otto-Stra+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 (817) 222–5110. It is also 

available at https://www.regulations.gov 

by searching for and locating Docket No. 

FAA–2021–0952. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2021–0952; 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; fax: (303) 342–1088; 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 DAI Model DA 42, DA 42 M– 

NG, and DA 42 NG airplanes with a 

certain fuel tank connection hose 

installed. The NPRM published in the 

Federal Register on November 3, 2021 

(86 FR 60600). 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 EASA AD 2019– 

0218, dated September 3, 2019 (referred 

to after this as ‘‘the MCAI’’), to address 

an unsafe condition on certain DAI 

Model DA 42, DA 42M, DA 42 M–NG, 

and DA 42 NG airplanes. The MCAI 

states: 

Reports were received of dissolved fuel 

tank connections hoses. Rubber parts were 

found within the fuel tank. The investigation 

results showed that the affected parts are 

limited to 2 isolated batches, some of which 

were installed on the production line. Other 

affected parts have been supplied as spare for 

in-service replacement. 

This condition, if not corrected, could lead 

to restricted fuel flow from the tank, possibly 

resulting in fuel starvation and consequent 

reduced control of the aeroplane. 

To address this potential unsafe condition, 

DAI issued the applicable MSB [Mandatory 

Service Bulletin], providing instructions to 

identify and replace the affected parts. The 

applicable MSB identifies the MSN 

[manufacturer serial numbers] of the 

aeroplanes on which affected parts were 

installed during aeroplane production. The 

applicable MSB also indicates that any other 

aeroplane may be affected, if an affected part 

supplied as spare was installed. 

For the reason described above, this 

[EASA] AD requires removal and 

replacement of the affected parts, and, if a 

removed affected part is found damaged, 

inspection of the fuel tank chambers and 

removal of any detached rubber material. 

This [EASA] AD also prohibits 

(re)installation of any affected parts. 

You may examine the MCAI in the 

AD docket at https://

www.regulations.gov by searching for 

and locating Docket No. FAA–2021– 

0952. 

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, 

except for an editorial correction to the 

Applicability section. Paragraph (c)(1) 

states the AD applies to the airplanes in 

paragraph (c)(1) ‘‘or’’ paragraph (c)(2) 

when it should state the AD applies to 

airplanes identified in both paragraphs. 

Related Service Information Under 1 

CFR Part 51 

The FAA reviewed Diamond Aircraft 

Mandatory Service Bulletin MSB 42– 

138/MSB 42NG–080, dated July 1, 2019 

(issued as one document) published 

with Diamond Aircraft Work Instruction 

WI MSB 42–138/WI–MSB 42NG–080, 

Revision 0, dated July 1, 2019 (issued as 

one document) attached. This service 

information identifies the list of affected 

fuel tank connection hoses and also 

contains procedures for replacing the 


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Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Rules and Regulations 7709 

fuel tank connection hose and 

inspecting the main fuel tank chambers. 

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 or Service Information 

The MCAI applies to the Model DA 42 

M airplane and this AD does not 

because it does not have an FAA type 

certificate. 

The service information specifies 

reporting information to DAI, and this 

AD does not require reporting. 

Costs of Compliance 

The FAA estimates that this AD 

affects 192 airplanes of U.S. registry. 

The FAA estimates that it would take 

about 30 work-hours to do the actions 

of this AD and require a part costing 

$188. The average labor rate is $85 per 

work-hour. Based on these figures, the 

FAA estimates the cost to do the actions 

of this AD on U.S. operators to be 

$525,696 or $2,738 per airplane. 

The FAA has included all known 

costs in its cost estimate. According to 

the manufacturer, however, some of the 

costs of this AD may be covered under 

warranty, thereby reducing the cost 

impact on affected operators. 

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. 

For the reasons discussed above, I 

certify 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. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

2022–03–01 Diamond Aircraft Industries 

GmbH: Amendment 39–21918; Docket 

No. FAA–2021–0952; Project Identifier 

2019–CE–039–AD. 

(a) Effective Date 

This AD is effective March 17, 2022. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to: 

(1) Diamond Aircraft Industries GmbH 

(DAI) Model DA 42 NG airplanes, serial 

numbers (S/N) 42.N303 through 42.N314, 

42.N319, and 42.N320, certificated in any 

category, with a fuel tank connection hose 

part number (P/N) D4D–2817–10–70 

installed; and 

(2) DAI Models DA 42, DA 42 NG, and DA 

42 M–NG airplanes, all serial numbers, 

certificated in any category, with a fuel tank 

connection hose P/N D4D–2817–10–70 

identified in the Technical Details, section 

I.11, of Diamond Aircraft Mandatory Service 

Bulletin MSB 42–138/MSB 42NG–080, dated 

July 1, 2019 (issued as one document) 

(Diamond MSB 42–138/42NG–080), 

installed. 

(d) Subject 

Joint Aircraft System Component (JASC) 

Code 2810, Fuel Storage. 

(e) Unsafe Condition 

This AD was prompted by mandatory 

continuing airworthiness information (MCAI) 

issued by the aviation authority of another 

country to identify and correct an unsafe 

condition on an aviation product. The MCAI 

describes the unsafe condition as dissolved 

or detached fuel tank hose material entering 

the main fuel tank chambers. The FAA is 

issuing this AD to prevent restricted fuel 

flow, which could result in fuel starvation. 

The unsafe condition, if not addressed, could 

result in fuel starvation and reduced control 

of the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Required Actions 

(1) Within 100 hours time-in-service (TIS) 

after the effective date of this AD or within 

4 months after the effective date of this AD, 

whichever occurs first, replace the main fuel 

tank connection hoses in accordance with the 

Instructions, sections III.1 and III.2, in DAI 

Work Instruction WI–MSB 42–138/WI–MSB 

42NG–080, Revision 0, dated July 1, 2019, 

(issued as one document) attached to 

Diamond MSB 42–138/42NG–080. Instead of 

P/N D4D–2817–10–70_01, you may also 

replace a fuel tank connection hose with P/ 

N D4D–2817–10–70 that is not identified in 

paragraph (c) of this AD. 

(2) As of the effective date of this AD, do 

not install a fuel tank connection hose P/N 

D4D–2817–10–70 identified in paragraph (c) 

of this AD on any airplane. 

(h) No Reporting Requirement 

This AD does not require you to report 

information as specified in the Instructions, 

step III.1.12, in DAI Work Instruction WI– 

MSB 42–138/WI–MSB 42NG–080, Revision 

0, dated July 1, 2019, (issued as one 

document) attached to Diamond MSB 42– 

138/42NG–080. 

(i) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, International Validation 

Branch, FAA, 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 and 

email to: 9-AVS-AIR-730-AMOC@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

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; fax: (303) 

342–1088; email: penelope.trease@faa.gov. 


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7710 Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Rules and Regulations 

(2) Refer to European Union Aviation 

Safety Agency (EASA) AD 2019–0218, dated 

September 3, 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– 

2021–0952. 

(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 42–138/MSB 42NG–080, dated 

July 1, 2019 (issued as one document) 

published with Diamond Aircraft Work 

Instruction WI MSB 42–138/WI–MSB 42NG– 

080, Revision 0, dated July 1, 2019 (issued as 

one document) attached. 

(ii) [Reserved] 

(3) For service information identified in 

this AD, contact Diamond Aircraft Industries 

GmbH, N.A. Otto-Stra+e 5, A–2700 Wiener 

Neustadt, Austria; phone: +43 2622 26700; 

fax: +43 2622 26780; email: office@diamondair.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 (817) 222–5110. 

(5) You may view this service information 

that is incorporated by reference 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 January 18, 2022. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2022–02716 Filed 2–9–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–0657; Project 

Identifier MCAI–2021–00478–T; Amendment 

39–21927; AD 2022–03–10] 

RIN 2120–AA64 

Airworthiness Directives; Airbus SAS 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Airbus SAS Model A350–941 and –1041 

airplanes. This AD was prompted by a 

report indicating that during 

maintenance, a fuse pin retaining the 

main landing gear support structure 

(MLGSS) was found incorrectly engaged 

in the trunnion block and improperly 

secured with the associated retaining 

pin, due to incorrect installation during 

assembly. This AD requires inspecting 

the fuse pins and associated retaining 

pins of the MLGSS for such 

discrepancies, and corrective action if 

necessary, as specified in a European 

Union Aviation Safety Agency (EASA) 

AD, which is incorporated by reference. 

The FAA is issuing this AD to address 

the unsafe condition on these products. 

DATES: This AD is effective March 17, 

2022. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of March 17, 2022. 

ADDRESSES: For material incorporated 

by reference (IBR) in this AD, contact 

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 

8999 000; email ADs@easa.europa.eu; 

internet www.easa.europa.eu. You may 

find this IBR material on the EASA 

website at https://ad.easa.europa.eu. 

You may view this IBR material at the 

FAA, Airworthiness Products Section, 

Operational Safety Branch, 2200 South 

216th St., Des Moines, WA. For 

information on the availability of this 

material at the FAA, call 206–231–3195. 

It is also available in the AD docket on 

the internet at https://

www.regulations.gov by searching for 

and locating Docket No. FAA–2021– 

0657. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2021–0657; 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 mandatory continuing 

airworthiness information (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: Dan 

Rodina, Aerospace Engineer, Large 

Aircraft Section, International 

Validation Branch, FAA, 2200 South 

216th St., Des Moines, WA 98198; 

telephone and fax 206–231–3225; email 

nicholas.wilson@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

EASA, which is the Technical Agent 

for the Member States of the European 

Union, has issued EASA AD 2021–0112, 

dated April 22, 2021 (EASA AD 2021– 

0112), to correct an unsafe condition for 

certain Airbus SAS Model A350–941 

and –1041 airplanes. 

The FAA issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 by adding an AD that would 

apply to certain Airbus SAS Model 

A350–941 and –1041 airplanes. The 

NPRM published in the Federal 

Register on August 12, 2021 (86 FR 

44319). The NPRM was prompted by a 

report indicating that during 

maintenance, a fuse pin retaining the 

MLGSS was found incorrectly engaged 

in the trunnion block and improperly 

secured with the associated retaining 

pin; this was due to incorrect 

installation during assembly. The NPRM 

proposed to require inspecting the fuse 

pins and associated retaining pins of the 

MLGSS for such discrepancies, and 

corrective action if necessary, as 

specified in EASA AD 2021–0112. 

The FAA is issuing this AD to address 

incorrect fuse pin installations, which 

could lead to premature failure of the 

retaining pin and subsequent fuse pin 

migration and disconnection, and could 

ultimately lead to main landing gear 

collapse and possible damage to the 

airplane. See the MCAI for additional 

background information. 

Discussion of Final Airworthiness 

Directive 

Comments 

The FAA received comments from the 

Air Line Pilots Association, 

International (ALPA), who supported 

the NPRM without change. 

The FAA received additional 

comments from Delta Air Lines (DAL). 

The following presents the comments 

received on the NPRM and the FAA’s 

response to each comment. 

Request To Define an Affected Part 

DAL asked that the proposed AD 

include a statement that an ‘‘affected 

part’’ includes parts that are improperly 

engaged or incorrectly secured. DAL 

stated that the purpose of the inspection 

in EASA AD 2021–0112 is to inspect the 

affected parts for any discrepant 

conditions, in accordance with the 

instructions specified in Airbus Alert 

Operations Transmission (AOT) 

A57P016–21, dated April 1, 2021, 

which includes any incorrectly installed 

or missing trunnion block fuse pins for 

applicable Airbus SAS Model A350–941 

and –1041 airplanes. DAL added that if, 


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