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Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Proposed Rules 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, General Aviation & Rotorcraft Section, International Validation Branch, FAA, 26805 E. 68th Avenue, Denver, CO
80249. 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 European Union Aviation Safety Agency EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD
20190066, 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 MNG 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 When the landing gear LG was retracted, the NLG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.

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You may examine the MCAI in the AD docket at https
www.regulations.gov by searching for and locating Docket No. FAA2021
0602.
Related Service Information Under 1
CFR Part 51
The FAA reviewed Diamond Aircraft Industries Work Instruction WIMSB
42136 and WIMSB 42NG078, Revision 1, dated January 24, 2019
published as one document with Mandatory Service Bulletin MSB 42
136/1 and MSB 42NG078, dated January 24, 2019. This service information provides instructions for repetitively inspecting the NLG actuator
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attachment lever with replacement of 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 the ADDRESSES section.
FAAs Determination This product has been approved by the aviation authority of another country and is approved for operation in the United States. Pursuant to the FAAs 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 is issuing this NPRM after determining the unsafe condition described previously is likely to exist or develop on other products of the same type design.

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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 MCAI applies to Models DA 42, DA 42 M, DA 42 NG, and DA 42 MNG
airplanes. This proposed AD would not apply to the Model DA 42 M because they do not have an FAA type certificate.

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 this 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.

Costs of Compliance
List of Subjects in 14 CFR Part 39

The FAA estimates that this AD, if adopted as proposed, would affect 40
airplanes of U.S. registry. The FAA also estimates that it would take about 1
work-hour per airplane to comply with the inspection requirement of this proposed AD, and no parts would be necessary. Based on these figures, the FAA estimates the cost of the inspection for U.S. operators to be $3,400, or $85
per airplane.
In addition, the FAA estimates that any necessary replacement actions would take about 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.

Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.

Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified in the service information already described.
Differences Between This Proposed AD
and the MCAI

Authority for This Rulemaking Title 49 of the United States Code specifies the FAAs 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 Agencys authority.

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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 39AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:

Authority: 49 U.S.C. 106g, 40113, 44701.
39.13

Amended
2. The FAA amends 39.13 by adding the following new airworthiness directive:

Diamond Aircraft Industries GmbH: Docket No. FAA20210602; Project Identifier 2019CE022AD.
a Comments Due Date The FAA must receive comments on this airworthiness directive AD by September 17, 2021.

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