Airworthiness Directives; Diamond Aircraft Industries GmbH Airplanes, 72568-72570 [2013-28746]

Download as PDF 72568 Federal Register / Vol. 78, No. 232 / Tuesday, December 3, 2013 / Rules and Regulations Costs of Compliance We estimate that this AD will affect about 59 engines installed on airplanes of U.S. registry. We also estimate that it will take about eight hours per engine to replace the VBV actuator fuel supply tube. The cost of this part is about $14,310. The average labor rate is $85 per hour. Based on these figures, we estimate the cost of this AD on U.S. operators to be $884,410. Authority for This Rulemaking Engine Certification Office, FAA, 12 New England Executive Park, Burlington, MA 01803; phone: 781–238–7747; fax: 781–238– 7199; email: jason.yang@faa.gov. PART 39—AIRWORTHINESS DIRECTIVES Issued in Burlington, Massachusetts, on November 14, 2013. Frank P. Paskiewicz, Acting Director, Aircraft Certification Service. 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 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. We are 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 emcdonald on DSK67QTVN1PROD with RULES Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: 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) Is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979), (3) Will not affect intrastate aviation in Alaska to the extent that if justifies making a regulatory distinction, and (4) 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. DEPARTMENT OF TRANSPORTATION 2013–23–18 General Electric Company: Amendment 39–17673; Docket No. FAA–2013–0499; Directorate Identifier 2013–NE–20–AD. 14 CFR Part 39 (a) Effective Date This AD is effective January 7, 2014. (b) Affected ADs None. (c) Applicability This AD applies to General Electric Company (GE) GE90–110B1 and –115B turbofan engines with variable bypass valve (VBV) actuator fuel supply tube, part number (P/N) 2165M22P01, installed. (d) Unsafe Condition This AD was prompted by multiple events of a leaking VBV actuator fuel supply tube. We are issuing this AD to prevent failure of the affected fuel supply tube, fuel leakage, engine fire, and damage to the airplane. (e) Compliance (1) Comply with this AD within the compliance times specified, unless already done. (2) At the next shop visit, after the effective date of this AD, replace the VBV actuator fuel supply tube, P/N 2165M22P01, with a part eligible for installation. (f) Definition For the purpose of this AD, a shop visit is the induction of an engine into the shop for maintenance or overhaul. The separation of engine flanges solely for the purposes of transporting the engine without subsequent engine maintenance does not constitute an engine shop visit. (g) Installation Prohibition After the effective date of this AD, do not install any VBV actuator fuel supply tube, P/N 2165M22P01, onto any engine. Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. (i) Related Information For more information about this AD, contact Jason Yang, Aerospace Engineer, Jkt 232001 BILLING CODE 4910–13–P 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): ■ List of Subjects in 14 CFR Part 39 17:13 Dec 02, 2013 [FR Doc. 2013–28866 Filed 12–2–13; 8:45 am] [Amended] (h) Alternative Methods of Compliance (AMOCs) The Manager, Engine Certification Office, FAA, may approve AMOCs for this AD. Use the procedures in 14 CFR 39.19 to make your request. VerDate Mar<15>2010 (j) Material Incorporated by Reference None. PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 Federal Aviation Administration [Docket No. FAA–2013–0812; Directorate Identifier 2013–CE–023–AD; Amendment 39–17689; AD 2013–24–14] RIN 2120–AA64 Airworthiness Directives; Diamond Aircraft Industries GmbH Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: We are adopting a new airworthiness directive (AD) for Diamond Aircraft Industries GmbH Models DA40 and DA40F airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued 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 fatigue strength found in the aft main spar does not ensure unlimited lifetime structural integrity. We are issuing this AD to require actions to address the unsafe condition on these products. DATES: This AD is effective January 7, 2014. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of January 7, 2014. ADDRESSES: You may examine the AD docket on the Internet at https:// www.regulations.gov or in person at Document Management Facility, 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 service information identified in this AD, contact Diamond Aircraft Industries GmbH, N.A. Otto-Str.5, A– 2700 Wiener Neustadt, Austria; telephone: +43 2622 26700; fax: +43 SUMMARY: E:\FR\FM\03DER1.SGM 03DER1 Federal Register / Vol. 78, No. 232 / Tuesday, December 3, 2013 / Rules and Regulations 2622 26780; email: office@diamondair.at; Internet: https:// www.diamondaircraft.com/contact/ technical.php. You may review copies of the referenced service information at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329–4148. FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329–4144; fax: (816) 329–4090; email: mike.kiesov@faa.gov. SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the Federal Register on September 17, 2013 (78 FR 57104). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states: Structural fatigue testing of the DA 40 aeroplane carried out for an extension of the Major Structural Inspection (MSI) interval has shown that the fatigue strength of the aft main spar in the cabin area does not ensure unlimited lifetime. This condition, if not corrected, could adversely affect the structural integrity of the aeroplane. Diamond Aircraft Industries (DAI) issued Mandatory Service Bulletin (MSB) 40–074/ MSB D4–094/MSB F4–028, including Work Instruction (WI) WI–MSB 40–074/WI–MSB D4–094/WI–MSB F4–028 (published as a single document), providing instructions to reinforce the aft main spar in the cabin area. For the reasons described above, this AD requires modification of the aft main spar in the cabin area. Note: Aeroplanes with modified aft main spar are eligible for an increased MSI threshold of 6000 flight hours (FH) since first flight of the aeroplane and increased MSI intervals not to exceed 4000 FH thereafter. emcdonald on DSK67QTVN1PROD with RULES The MCAI can be found in the AD docket on the Internet at: https:// www.regulations.gov/ #!documentDetail;D=FAA-2013-08120002. Comments We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM (78 FR 57104, September 17, 2013) or on the determination of the cost to the public. Conclusion We reviewed the relevant data and determined that air safety and the public interest require adopting the AD as proposed. We have determined that these minor changes: VerDate Mar<15>2010 17:13 Dec 02, 2013 Jkt 232001 • Are consistent with the intent that was proposed in the NPRM (78 FR 57104, September 17, 2013)) for correcting the unsafe condition; and • Do not add any additional burden upon the public than was already proposed in the NPRM (78 FR 57104, September 17, 2013). Costs of Compliance We estimate that this AD will affect 747 products of U.S. registry. We also estimate that it would take about 6 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Required parts would cost about $100 per product. Based on these figures, we estimate the cost of this AD on U.S. operators to be $455,670, or $610 per product. 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. We are 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 We 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 this AD: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866, (2) Is not a ‘‘significant rule’’ under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979), (3) Will not affect intrastate aviation in Alaska, and (4) Will not have a significant economic impact, positive or negative, PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 72569 on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. Examining the AD Docket You may examine the AD docket on the Internet at https:// www.regulations.gov; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains the NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone (800) 647–5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of 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 AD: ■ 2013–24–14 Diamond Aircraft Industries GmbH: Amendment 39–17689; Docket No. FAA–2013–0812; Directorate Identifier 2013–CE–023–AD. (a) Effective Date This airworthiness directive (AD) becomes effective January 7, 2014. (b) Affected ADs None. (c) Applicability This AD applies to Diamond Aircraft Industries Model DA 40 airplanes, serial numbers 40.006 through 40.009, 40.011 through 40.1071, and 40.1073 through 40.1077; and Model DA 40 F airplanes, serial numbers 40.FC001 through 40.FC029; certificated in any category. (d) Subject Air Transport Association of America (ATA) Code 57: Wings. (e) Reason This AD was prompted from 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 E:\FR\FM\03DER1.SGM 03DER1 72570 Federal Register / Vol. 78, No. 232 / Tuesday, December 3, 2013 / Rules and Regulations describes the unsafe condition as fatigue strength found in the aft main spar does not ensure unlimited lifetime structural integrity. We are issuing this AD to modify the aft main spar in the cabin area to ensure the structural integrity of the airplane. (f) Actions and Compliance Unless already done, at or before the next Major Structural Inspection (MSI) after the effective date of this AD or within the next 114 months after January 7, 2014 (the effective date of this AD), whichever occurs first, modify the aft main spar in the cabin area following the INSTRUCTIONS section of Diamond Aircraft Industries GmbH Work Instructions WI–MSB 40–074, WI–MSB D4– 094, and WI–MSB F4–028 (co-published as a single document), dated May 10, 2013, as specified in Diamond Aircraft Industries GmbH Mandatory Service Bulletins (MSB) 40–074, D4–094, and F4–028 (co-published as a single document), dated May 10, 2013. (g) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, Standards Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Mike Kiesov, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329–4144; fax: (816) 329– 4090; email: mike.kiesov@faa.gov. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. (2) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service. emcdonald on DSK67QTVN1PROD with RULES (h) Related Information Refer to MCAI European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, EASA AD No.: 2013–0145, dated July 15, 2013, for more information. You may examine the AD on the Internet at https://www.regulations.gov by searching and locating it in Docket No. FAA–2013–0812. (i) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) 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 Industries GmbH Mandatory Service Bulletin 40–074, dated May 10, 2013. (ii) Diamond Aircraft Industries GmbH Mandatory Service Bulletin D4–094, dated May 10, 2013. VerDate Mar<15>2010 17:13 Dec 02, 2013 Jkt 232001 (iii) Diamond Aircraft Industries GmbH Mandatory Service Bulletin F4–028, dated May 10, 2013. Note 1 to paragraphs (i)(2)(i) through (i)(2)(iii) of this AD: Diamond Aircraft Industries GmbH Mandatory Service Bulletin 40–074, dated May 10, 2013; Diamond Aircraft Industries GmbH Mandatory Service Bulletin D4–094, dated May 10, 2013; Diamond Aircraft Industries GmbH Mandatory Service Bulletin F4–028, dated May 10, 2013; are co-published as one document. (iv) Diamond Aircraft Industries GmbH Work Instruction WI–MSB 40–074, dated May 10, 2013. (v) Diamond Aircraft Industries GmbH Work Instruction WI–MSB D4–094, dated May 10, 2013. (vi) Diamond Aircraft Industries GmbH Work Instruction WI–MSB F4–028, dated May 10, 2013. Note 2 to paragraphs (i)(2)(iv) through (i)(2)(vi) of this AD: Diamond Aircraft Industries GmbH Work Instruction WI–MSB 40–074; Diamond Aircraft Industries GmbH Work Instruction WI–MSB F4–028; dated May 10, 2013; and Diamond Aircraft Industries GmbH Work Instruction WI–MSB F4–028 dated May 10, 2013; are co-published as one document. (3) For Diamond Aircraft Industries service information identified in this AD, contact Diamond Aircraft Industries GmbH, N.A. Otto-Str.5, A–2700 Wiener Neustadt, Austria; telephone: +43 2622 26700; fax: +43 2622 26780; email: office@diamond-air.at; Internet: https://www.diamondaircraft.com/ contact/technical.php. (4) You may view this service information at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329–4148. (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, call 202–741–6030, or go to: https:// www.archives.gov/federal-register/cfr/ibrlocations.html. Issued in Kansas City, Missouri, on November 22, 2013. Earl Lawrence, Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. 2013–28746 Filed 12–2–13; 8:45 am] BILLING CODE 4910–13–P PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 DEPARTMENT OF COMMERCE International Trade Administration 15 CFR Parts 301, 303 RIN 0625–AB00 [Docket No.: 131114957–3957–01] Import Administration; Change of Agency Name for Instruments and Apparatus for Educational and Scientific Institutions Import Administration, Commerce. ACTION: Final rule; Nomenclature change. AGENCY: Effective October 1, 2013, the Department of Commerce (Department), through internal department organizational orders, changed the name of ‘‘Import Administration’’ to ‘‘Enforcement and Compliance.’’ The rule also sets forth a Savings Provision that preserves, under the new name, all actions taken under the name of Import Administration and provides that any references to Import Administration in any document or other communication shall be deemed to be references to Enforcement and Compliance. DATES: This rule is effective December 2, 2013. FOR FURTHER INFORMATION CONTACT: Robert Goodyear, Director, Office of Operations Support Enforcement & Compliance, Telephone: (202) 482– 5194; Michele D. Lynch, Senior Counsel, Office of Chief Counsel for Trade Enforcement and Compliance, Telephone: (202) 482–2879. SUPPLEMENTARY INFORMATION: SUMMARY: Background This rule implements the decision by the Department, through internal Department Organizational Orders 10–3 (effective September 18, 2013) and Department Organizational Order 40–1, (effective September 19, 2013), to consolidate and reorganize certain department organizational functions and revise the name of ‘‘Import Administration’’ to ‘‘Enforcement and Compliance.’’ The revision more accurately reflects the breadth of the agency’s activities with respect to the enforcement of, and compliance with, U.S. trade laws and agreements. Consistent with the consolidation and name change, this rule makes certain changes in parts 301 and 303 of title 15 of the Code of Federal Regulations. Specifically, this rule changes all references to ‘‘Import Administration’’ wherever they appear in parts 301 and E:\FR\FM\03DER1.SGM 03DER1

Agencies

[Federal Register Volume 78, Number 232 (Tuesday, December 3, 2013)]
[Rules and Regulations]
[Pages 72568-72570]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-28746]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0812; Directorate Identifier 2013-CE-023-AD; 
Amendment 39-17689; AD 2013-24-14]
RIN 2120-AA64


Airworthiness Directives; Diamond Aircraft Industries GmbH 
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for Diamond 
Aircraft Industries GmbH Models DA40 and DA40F airplanes. This AD 
results from mandatory continuing airworthiness information (MCAI) 
issued 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 fatigue strength found in the aft main spar 
does not ensure unlimited lifetime structural integrity. We are issuing 
this AD to require actions to address the unsafe condition on these 
products.

DATES: This AD is effective January 7, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of January 7, 
2014.

ADDRESSES: You may examine the AD docket on the Internet at https://www.regulations.gov or in person at Document Management Facility, 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 service information identified in this AD, contact Diamond 
Aircraft Industries GmbH, N.A. Otto-Str.5, A-2700 Wiener Neustadt, 
Austria; telephone: +43 2622 26700; fax: +43

[[Page 72569]]

2622 26780; email: office@diamond-air.at; Internet: https://www.diamondaircraft.com/contact/technical.php. You may review copies of 
the referenced service information at the FAA, Small Airplane 
Directorate, 901 Locust, Kansas City, Missouri 64106. For information 
on the availability of this material at the FAA, call (816) 329-4148.

FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4144; fax: (816) 329-4090; email: 
mike.kiesov@faa.gov.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on September 17, 2013 
(78 FR 57104). That NPRM proposed to correct an unsafe condition for 
the specified products. The MCAI states:

    Structural fatigue testing of the DA 40 aeroplane carried out 
for an extension of the Major Structural Inspection (MSI) interval 
has shown that the fatigue strength of the aft main spar in the 
cabin area does not ensure unlimited lifetime.
    This condition, if not corrected, could adversely affect the 
structural integrity of the aeroplane.
    Diamond Aircraft Industries (DAI) issued Mandatory Service 
Bulletin (MSB) 40-074/MSB D4-094/MSB F4-028, including Work 
Instruction (WI) WI-MSB 40-074/WI-MSB D4-094/WI-MSB F4-028 
(published as a single document), providing instructions to 
reinforce the aft main spar in the cabin area.
    For the reasons described above, this AD requires modification 
of the aft main spar in the cabin area.
    Note: Aeroplanes with modified aft main spar are eligible for an 
increased MSI threshold of 6000 flight hours (FH) since first flight 
of the aeroplane and increased MSI intervals not to exceed 4000 FH 
thereafter.

    The MCAI can be found in the AD docket on the Internet at: https://www.regulations.gov/#!documentDetail;D=FAA-2013-0812-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (78 FR 57104, September 
17, 2013) or on the determination of the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting the AD as proposed. We have 
determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (78 FR 57104, September 17, 2013)) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (78 FR 57104, September 17, 2013).

Costs of Compliance

    We estimate that this AD will affect 747 products of U.S. registry. 
We also estimate that it would take about 6 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Required parts would cost about $100 per product.
    Based on these figures, we estimate the cost of this AD on U.S. 
operators to be $455,670, or $610 per product.

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.
    We are 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

    We 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 this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at https://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains the NPRM, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Office (telephone (800) 647-5527) is in the ADDRESSES 
section. Comments will be available in the AD docket shortly after 
receipt.

List of Subjects in 14 CFR Part 39

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

Adoption of 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 adding the following new AD:

2013-24-14 Diamond Aircraft Industries GmbH: Amendment 39-17689; 
Docket No. FAA-2013-0812; Directorate Identifier 2013-CE-023-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective January 7, 
2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Diamond Aircraft Industries Model DA 40 
airplanes, serial numbers 40.006 through 40.009, 40.011 through 
40.1071, and 40.1073 through 40.1077; and Model DA 40 F airplanes, 
serial numbers 40.FC001 through 40.FC029; certificated in any 
category.

(d) Subject

    Air Transport Association of America (ATA) Code 57: Wings.

(e) Reason

    This AD was prompted from 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

[[Page 72570]]

describes the unsafe condition as fatigue strength found in the aft 
main spar does not ensure unlimited lifetime structural integrity. 
We are issuing this AD to modify the aft main spar in the cabin area 
to ensure the structural integrity of the airplane.

(f) Actions and Compliance

    Unless already done, at or before the next Major Structural 
Inspection (MSI) after the effective date of this AD or within the 
next 114 months after January 7, 2014 (the effective date of this 
AD), whichever occurs first, modify the aft main spar in the cabin 
area following the INSTRUCTIONS section of Diamond Aircraft 
Industries GmbH Work Instructions WI-MSB 40-074, WI-MSB D4-094, and 
WI-MSB F4-028 (co-published as a single document), dated May 10, 
2013, as specified in Diamond Aircraft Industries GmbH Mandatory 
Service Bulletins (MSB) 40-074, D4-094, and F4-028 (co-published as 
a single document), dated May 10, 2013.

(g) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Office, FAA, has the authority to approve AMOCs for this 
AD, if requested using the procedures found in 14 CFR 39.19. Send 
information to ATTN: Mike Kiesov, Aerospace Engineer, FAA, Small 
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4144; fax: (816) 329-4090; email: 
mike.kiesov@faa.gov. Before using any approved AMOC on any airplane 
to which the AMOC applies, notify your appropriate principal 
inspector (PI) in the FAA Flight Standards District Office (FSDO), 
or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.

(h) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA), which is 
the Technical Agent for the Member States of the European Community, 
EASA AD No.: 2013-0145, dated July 15, 2013, for more information. 
You may examine the AD on the Internet at https://www.regulations.gov 
by searching and locating it in Docket No. FAA-2013-0812.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) 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 Industries GmbH Mandatory Service Bulletin 
40-074, dated May 10, 2013.
    (ii) Diamond Aircraft Industries GmbH Mandatory Service Bulletin 
D4-094, dated May 10, 2013.
    (iii) Diamond Aircraft Industries GmbH Mandatory Service 
Bulletin F4-028, dated May 10, 2013.

    Note 1 to paragraphs (i)(2)(i) through (i)(2)(iii) of this AD: 
Diamond Aircraft Industries GmbH Mandatory Service Bulletin 40-074, 
dated May 10, 2013; Diamond Aircraft Industries GmbH Mandatory 
Service Bulletin D4-094, dated May 10, 2013; Diamond Aircraft 
Industries GmbH Mandatory Service Bulletin F4-028, dated May 10, 
2013; are co-published as one document.

    (iv) Diamond Aircraft Industries GmbH Work Instruction WI-MSB 
40-074, dated May 10, 2013.
    (v) Diamond Aircraft Industries GmbH Work Instruction WI-MSB D4-
094, dated May 10, 2013.
    (vi) Diamond Aircraft Industries GmbH Work Instruction WI-MSB 
F4-028, dated May 10, 2013.

    Note 2 to paragraphs (i)(2)(iv) through (i)(2)(vi) of this AD: 
Diamond Aircraft Industries GmbH Work Instruction WI-MSB 40-074; 
Diamond Aircraft Industries GmbH Work Instruction WI-MSB F4-028; 
dated May 10, 2013; and Diamond Aircraft Industries GmbH Work 
Instruction WI-MSB F4-028 dated May 10, 2013; are co-published as 
one document.

    (3) For Diamond Aircraft Industries service information 
identified in this AD, contact Diamond Aircraft Industries GmbH, 
N.A. Otto-Str.5, A-2700 Wiener Neustadt, Austria; telephone: +43 
2622 26700; fax: +43 2622 26780; email: office@diamond-air.at; 
Internet: https://www.diamondaircraft.com/contact/technical.php.
    (4) You may view this service information at the FAA, Small 
Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For 
information on the availability of this material at the FAA, call 
(816) 329-4148.
    (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, call 202-741-6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on November 22, 2013.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2013-28746 Filed 12-2-13; 8:45 am]
BILLING CODE 4910-13-P

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