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Federal Register / Vol. 86, No. 218 / Tuesday, November 16, 2021 / Rules and Regulations This AD is effective December 21, 2021.
The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD
as of December 21, 2021.
ADDRESSES: For service information identified in this final rule, contact Diamond Aircraft Industries GmbH, N.A. Otto-Stra+e 5, A2700 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 816 3294148. It is also available at https www.regulations.gov by searching for and locating Docket No.
FAA20210602.
DATES:

Examining the AD Docket You may examine the AD docket at https www.regulations.gov by searching for and locating Docket No.
FAA20210602; 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, M30, West Building Ground Floor, Room W12140, 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: penelope.trease@faa.gov.
SUPPLEMENTARY INFORMATION:

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Background The FAA issued a notice of proposed rulemaking NPRM to amend 14 CFR
part 39 by adding an AD that would apply to all Diamond Aircraft Industries GmbH Model DA 42, DA 42 NG, and DA
42 MNG airplanes. The NPRM
published in the Federal Register on August 3, 2021 86 FR 41786. 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 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
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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.

You may examine the MCAI in the AD docket at https
www.regulations.gov by searching for and locating Docket No. FAA2021
0602.
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 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 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.
Related Service Information Under 1
CFR Part 51
The FAA reviewed Diamond Aircraft Mandatory Service Bulletin MSB 42
136/1 and MSB 42NG078, dated January 24, 2019 issued as one document published with Diamond Aircraft Work Instruction WIMSB 42
136 and WIMSB 42NG078, Revision 1, dated January 24, 2019 issued as one document attached. The service information contains procedures for
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repetitively inspecting the NLG actuator attachment lever and replacing 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 ADDRESSES.
Differences Between This AD and the MCAI
The MCAI applies to Model DA 42, DA 42 M, DA 42 NG, and DA 42 MNG
airplanes. This AD does not apply to the Model DA 42 M airplane because it does not have an FAA type certificate.
Costs of Compliance The FAA estimates that this AD
affects 40 airplanes of U.S. registry. The FAA also estimates it will take about 1
work-hour per airplane to comply with the inspection required by this AD and no parts would be necessary. The average labor rate is $85 per work-hour.
Based on these figures, the FAA
estimates the inspection cost of this AD
on U.S. operators to be $3,400 or $85
per airplane.
In addition, the FAA estimates that any necessary replacement actions will take 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.
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.
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
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