[Federal Register Volume 87, Number 64 (Monday, April 4, 2022)]
[Rules and Regulations]
[Pages 19381-19383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06961]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-1077; Project Identifier MCAI-2021-00607-A; 
Amendment 39-21974; AD 2022-06-08]
RIN 2120-AA64


Airworthiness Directives; Diamond Aircraft Industries GmbH 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2017-18-
10, which applied to certain Diamond Aircraft Industries GmbH (DAI) 
Model DA 42, DA 42 M-NG, and DA 42 NG airplanes. AD 2017-18-10 required 
modifying the flap control system, repetitively inspecting the flap 
bell crank, and replacing the flap bell crank as necessary. Since the 
FAA issued AD 2017-18-10, the European Union Aviation Safety Agency 
(EASA) superseded its mandatory continuing airworthiness information 
(MCAI) to correct an unsafe condition on these products. This AD 
retains the actions required by AD 2017-18-10, expands the 
applicability, and prohibits the installation of certain flap bell 
cranks. The FAA is issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective May 9, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 9, 2022.

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; email: 
<a href="/cdn-cgi/l/email-protection#6f000909060c0a2f0b060e0200010b420e061d410e1b"><span class="__cf_email__" data-cfemail="bfd0d9d9d6dcdaffdbd6ded2d0d1db92ded6cd91decb">[email protected]</span></a>; website: https://www.diamondaircraft.com. You 
may view this service information at the Airworthiness Products 
Section, Operational Safety Branch, FAA, 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-
1077.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-1077; 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: <a href="/cdn-cgi/l/email-protection#f6869398939a998693d8828493978593b6909797d8919980"><span class="__cf_email__" data-cfemail="95e5f0fbf0f9fae5f0bbe1e7f0f4e6f0d5f3f4f4bbf2fae3">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2017-18-10, Amendment 39-19019 (82 FR 
42029, September 6, 2017) (AD 2017-18-10). AD 2017-18-10 applied to 
certain serial-numbered DAI Model DA 42, DA 42 M-NG, and DA 42 NG 
airplanes. AD 2017-18-10 required modifying the flap control system by 
installing two spacers to replace a single long spacer, repetitively 
inspecting the flap bell crank, and replacing the flap bell crank with 
an improved part as necessary. The FAA issued AD 2017-18-10 to prevent 
failure of the flap bell crank, which could result in reduced control 
of the airplane.
    The NPRM published in the Federal Register on December 23, 2021 (86 
FR 72895). The NPRM was prompted by AD 2020-0008, dated January 20, 
2020 (referred to after this as ``the MCAI''), issued by EASA, which is 
the Technical Agent for the Member States of the European Union. The 
MCAI states:

    Occurrences were reported of finding cracks and deformation on 
certain flap bell cranks. Investigation results identified frequent 
high load conditions as the cause for these events.
    This condition, if not detected and corrected, could lead to 
failure of the flap bell crank, possibly resulting in reduced 
control of the aeroplane.
    To address this potential unsafe condition, DAI issued 
[Mandatory Service Bulletin] MSB 42-126/42NG-066 and the 
corresponding [Work Instructions] WI MSB 42-126/42NG-066 (single 
document), providing inspection and modification instructions. 
Consequently, EASA issued AD 2017-0074 to require modification of 
the flap control system by installing two spacers to replace a 
single long spacer, repetitive inspections of the flap bell crank, 
and, depending on findings, replacement of the flap bell crank with 
an improved part. That [EASA] AD also provided an optional 
terminating action by installing an improved flap bell crank.
    Since that [EASA] AD was issued, it was determined that early 
`Revisions' of P/N D60-2757-11-00 flap bell cranks are no longer 
acceptable and should be removed from service. Prompted by that 
determination, DAI issued the applicable MSB, as defined in this 
[EASA] AD, to provide the relevant instructions.
    For the reason described above, this [EASA] AD retains the 
requirements of EASA AD 2017-0074, which is superseded, expands the 
applicability, and requires removal from service of certain 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-
1077.

[[Page 19382]]

    EASA made the determination to increase the applicability during a 
continued operational safety review. EASA determined that the earlier 
versions of the bellcranks could be installed on all serial-numbered 
airplanes and expanded the applicability accordingly.
    In the NPRM, the FAA proposed to retain the actions of AD 2017-18-
10 but expand the applicability and prohibit installing a flap bell 
crank with part number D60-2757-11-00, up to and including revision 
``d.''

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 
referenced above. The FAA reviewed the relevant data and determined 
that air safety requires adoption of the 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 
42-126/1 and MSB 42NG-066/1, dated November 14, 2019 (issued as one 
document) published with Diamond Aircraft Industries GmbH Work 
Instruction WI-MSB 42-126 and WI-MSB 42NG-066, Revision 1, dated 
November 14, 2019 (issued as one document) attached. This service 
information specifies procedures for inspecting the flap bell crank for 
cracks, installing two spacers instead of one long spacer, and 
replacing early revisions of the affected flap bell crank up to and 
including revision ``d'' with an improved flap bell crank. 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 Aircraft Mandatory Service Bulletin 
MSB 42-126 and MSB 42NG-066, dated March 27, 2017 (issued as one 
document) published with Diamond Aircraft Industries GmbH Work 
Instruction WI-MSB 42-126 and WI-MSB 42NG-066, dated March 27, 2017 
(issued as one document) attached. This service information specifies 
procedures for inspecting the flap bell crank for cracks, installing 
two spacers instead of one long spacer, and replacing early revisions 
of the affected flap bell crank.

Differences Between This AD and the MCAI

    The MCAI applies to DAI Model DA 42 M airplanes, and this AD does 
not because it does not have an FAA type certificate.

Costs of Compliance

    The FAA estimates that this AD affects 200 airplanes of U.S. 
registry.
    The FAA estimates the following costs to comply with this AD:

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Action                      Labor cost                Parts cost                 Cost per product              Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Initial inspection and modification  4 work-hours x $85 per  $10......................  $350...........................  $70,000.
                                      hour = $340.
Repetitive inspection..............  2 work-hours x $85 per  Not applicable...........  $170 per inspection cycle......  $34,000 per inspection cycle.
                                      hour = $170.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to replace the flap bell 
crank based on the results of the inspection. The agency has no way of 
determining the number of airplanes that might need this replacement:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Flap bell crank replacement...................  1 work-hour x $85 per hour = $85            $475            $560
----------------------------------------------------------------------------------------------------------------

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 has 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 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.

[[Page 19383]]

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

0
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]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive 2017-18-10, Amendment 39-19019 (82 
FR 42029, September 6, 2017); and
0
b. Adding the following new airworthiness directive:

2022-06-08 Diamond Aircraft Industries GmbH: Amendment 39-21974; 
Docket No. FAA-2021-1077; Project Identifier MCAI-2021-00607-A.

(a) Effective Date

    This airworthiness directive (AD) is effective May 9, 2022.

(b) Affected ADs

    This AD replaces AD 2017-18-10, Amendment 39-19019 (82 FR 42029, 
September 6, 2017).

(c) Applicability

    This AD applies to Diamond Aircraft Industries GmbH Model DA 42, 
DA 42 M-NG, and DA 42 NG airplanes, all serial numbers, certificated 
in any category, with a flap bell crank part number (P/N) D60-2757-
11-00, up to and including revision ``f'' installed.

(d) Subject

    Joint Aircraft System Component (JASC) Code 2700, Flight Control 
System.

(e) Unsafe Condition

    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 describes the unsafe condition as cracks and 
deformation on certain flap bell cranks. The FAA is issuing this AD 
to prevent failure of the flap bell crank. The unsafe condition, if 
not addressed, could result in reduced control of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Actions

    (1) Comply with paragraph (g)(2) or (3) of this AD at whichever 
compliance time in paragraph (g)(1)(i) or (ii) of this AD occurs 
later.
    (i) Before the flap bell crank accumulates 600 hours time-in-
service (TIS); or
    (ii) Within 100 hours TIS after the effective date of this AD or 
within 6 months after the effective date of this AD, whichever 
occurs first.
    (2) For airplanes with a flap bell crank revision ``e'' or 
``f'': Inspect the flap bell crank P/N D60-2757-11-00 for cracks and 
deformation and modify the flap control system by installing two 
spacers, P/N DS BU2-10-06-0065-C, by following section III 
Instructions in Diamond Aircraft Industries GmbH Work Instruction 
WI-MSB 42-126 and WI-MSB 42NG-066, Revision 1, dated November 14, 
2019 (issued as one document) attached to Diamond Aircraft Mandatory 
Service Bulletin MSB 42-126/1 and MSB 42NG-066/1, dated November 14, 
2019 (issued as one document).
    (i) If there is a crack or any deformation, you must replace the 
flap bell crank with P/N D60-2757-11-00_01, as required by step 6 of 
the Instructions, before further flight.
    (ii) If there are no cracks and no deformation, repeat the 
inspection (not the modification) at intervals not to exceed 200 
hours TIS until the flap bell crank is replaced with flap bell crank 
P/N D60-2757-11-00_01.
    (3) For airplanes with a flap bell crank up to revision ``d'': 
Replace the flap bell crank with P/N D60-2757-11-00_01 in accordance 
with section III Instructions in Diamond Aircraft Industries GmbH 
Work Instruction WI-MSB 42-126 and WI-MSB 42NG-066, Revision 1, 
dated November 14, 2019 (issued as one document) attached to Diamond 
Aircraft Mandatory Service Bulletin MSB 42-126/1 and MSB 42NG-066/1, 
dated November 14, 2019 (issued as one document).

(h) Prohibited Installation

    As of the effective date of this AD, do not install on any 
airplane a flap bell crank P/N D60-2757-11-00 with a revision up to 
and including revision ``d.''

(i) Credit for Previous Actions

    This paragraph provides credit for the actions required by 
paragraphs (g)(2) and (3) of this AD, if done before the effective 
date of this AD using Diamond Aircraft Industries GmbH Work 
Instruction WI-MSB 42-126 and WI-MSB 42NG-066, dated March 27, 2017 
(issued as one document) attached to Diamond Aircraft Mandatory 
Service Bulletin MSB 42-126 and MSB 42NG-066, dated March 27, 2017 
(issued as one document).

(j) 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 (k)(1) of this AD 
and email to: <a href="/cdn-cgi/l/email-protection#40796d0116136d0109126d7773706d010d0f03002621216e272f36"><span class="__cf_email__" data-cfemail="744d5935222759353d26594347445935393b37341215155a131b02">[email protected]</span></a>.
    (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.

(k) 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: <a href="/cdn-cgi/l/email-protection#6b1b0e050e07041b0e451f190e0a180e2b0d0a0a450c041d"><span class="__cf_email__" data-cfemail="e090858e858c8f9085ce949285819385a0868181ce878f96">[email protected]</span></a>.
    (2) Refer to European Union Aviation Safety Agency (EASA) AD 
2020-0008, dated January 20, 2020, for more information. You may 
examine the EASA AD at https://www.regulations.gov by searching for 
and locating Docket No. FAA-2021-1077.
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (l)(3) and (4) of this AD.

(l) 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 42-126/1 and 
MSB 42NG-066/1, dated November 14, 2019 (issued as one document) 
published with Diamond Aircraft Industries GmbH Work Instruction WI-
MSB 42-126 and WI-MSB 42NG-066, Revision 1, dated November 14, 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[szlig]e 5, A-2700 
Wiener Neustadt, Austria; phone: +43 2622 26700; email: 
<a href="/cdn-cgi/l/email-protection#137c75757a707653777a727e7c7d773e727a613d7267"><span class="__cf_email__" data-cfemail="e08f8686898385a08489818d8f8e84cd818992ce8194">[email protected]</span></a>; website: https://www.diamondaircraft.com.
    (4) 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.
    (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: <a href="/cdn-cgi/l/email-protection#ff998dd196918c8f9a9c8b969091bf919e8d9ed1989089"><span class="__cf_email__" data-cfemail="f19783df989f8281949285989e9fb19f908390df969e87">[email protected]</span></a>, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on March 10, 2022.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2022-06961 Filed 4-1-22; 8:45 am]
BILLING CODE 4910-13-P


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