16604 Federal Register / Vol. 78, No. 52 / Monday, March 18, 2013 / Rules and Regulations 

this amendment does not involve any 

provisions that would impose backfits 

as defined in 10 CFR 72.62 Therefore, a 

backfit analysis is not required. 

XII. Congressional Review Act 

Under the Congressional Review Act 

of 1996, the NRC has determined that 

this action is not a major rule and has 

verified this determination with the 

Office of Information and Regulatory 

Affairs of OMB. 

List of Subjects in 10 CFR Part 72 

Administrative practice and 

procedure, Criminal penalties, 

Manpower training programs, Nuclear 

materials, Occupational safety and 

health, Penalties, Radiation protection, 

Reporting and recordkeeping 

requirements, Security measures, Spent 

fuel, Whistleblowing. 

For the reasons set out in the 

preamble and under the authority of the 

Atomic Energy Act of 1954, as amended; 

the Energy Reorganization Act of 1974, 

as amended; the Nuclear Waste Policy 

Act of 1982, as amended; and 5 U.S.C. 

552 and 553; the NRC is adopting the 

following amendments to 10 CFR part 

72. 

PART 72—LICENSING 

REQUIREMENTS FOR THE 

INDEPENDENT STORAGE OF SPENT 

NUCLEAR FUEL, HIGH-LEVEL 

RADIOACTIVE WASTE AND 

REACTOR-RELATED GREATER THAN 

CLASS C WASTE 

■ 1. The authority citation for part 72 

continues to read as follows: 

Authority: Atomic Energy Act secs. 51, 53, 

57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186, 

187, 189, 223, 234, 274 (42 U.S.C. 2071, 2073, 

2077, 2092, 2093, 2095, 2099, 2111, 2201, 

2232, 2233, 2234, 2236, 2237, 2238, 2273, 

2282, 2021); Energy Reorganization Act sec. 

201, 202, 206, 211 (42 U.S.C. 5841, 5842, 

5846, 5851); National Environmental Policy 

Act sec. 102 (42 U.S.C. 4332); Nuclear Waste 

Policy Act secs. 131, 132, 133, 135, 137, 141 

148 (42 U.S.C. 10151, 10152, 10153, 10155, 

10157, 10161, 10168); sec. 1704, 112 Stat. 

2750 (44 U.S.C. 3504 note); Energy Policy Act 

of 2005, Pub. L. No. 109–58, 119 Stat. 549 

(2005). 

Section 72.44(g) also issued under secs. 

Nuclear Waste Policy Act 142(b) and 148(c), 

(d) (42 U.S.C. 10162(b), 10168(c), (d)). 

Section 72.46 also issued under Atomic 

Energy Act sec. 189 (42 U.S.C. 2239); Nuclear 

Waste Policy Act sec. 134 (42 U.S.C. 10154). 

Section 72.96(d) also issued under Nuclear 

Waste Policy Act sec. 145(g) (42 U.S.C. 

10165(g)). Subpart J also issued under 

Nuclear Waste Policy Act secs. 117(a), 141(h) 

(42 U.S.C. 10137(a), 10161(h)). Subpart K is 

also issued under sec. 218(a) (42 U.S.C. 

10198). 

■ 2. In § 72.214, Certificate of 

Compliance 1031 is revised to read as 

follows: 

§ 72.214 List of approved spent fuel 

storage casks. 

* * * * * 

Certificate Number: 1031. 

Initial Certificate Effective Date: 

February 4, 2009. 

Amendment Number 1 Effective Date: 

August 30, 2010. 

Amendment Number 2 Effective Date: 

January 30, 2012. 

Amendment Number 3 Effective Date: 

June 3, 2013. 

SAR Submitted by: NAC 

International, Inc. 

SAR Title: Final Safety Analysis 

Report for the MAGNASTOR® System. 

Docket Number: 72–1031. 

Certificate Expiration Date: February 

4, 2024. 

Model Number: MAGNASTOR®. 

* * * * * 

Dated at Rockville, Maryland, this 2nd day 

of March 2013. 

For the Nuclear Regulatory Commission. 

R.W. Borchardt, 

Executive Director for Operations. 

[FR Doc. 2013–06015 Filed 3–15–13; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0247; Directorate 

Identifier 2013–CE–001–AD; Amendment 

39–17397; AD 2013–06–02] 

RIN 2120–AA64 

Airworthiness Directives; Diamond 

Aircraft Industries GmbH Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for 

Diamond Aircraft Industries GmbH 

Models DA 42 M–NG and DA 42 NG 

airplanes. This AD results from 

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 the 

engine air inlet filter is subject to icing. 

We are issuing this AD to require 

actions to address the unsafe condition 

on these products. 

DATES: This AD is effective April 8, 

2013. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of April 8, 2013. 

We must receive comments on this 

AD by May 2, 2013. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

For service information identified in 

this AD, contact Diamond Aircraft 

Industries GmbH, N.A. Otto-Stra+e 5, 

A–2700 Wiener Neustadt, Austria, 

telephone: +43 2622 26700; fax: +43 

2622 26780; email: office@diamondair.at; Internet: http://www.diamondair.at. 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. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

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 this AD, 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. 

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 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued AD No.: 2012– 

0269, dated December 19, 2012 (referred 

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


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Federal Register / Vol. 78, No. 52 / Monday, March 18, 2013 / Rules and Regulations 16605 

an unsafe condition for the specified 

products. The MCAI states: 

Three occurrences of in-flight engine 

control unit (ECU) A/B caution initiation 

were reported which were followed by an uncommanded power reduction. All of these 

events happened in snow or moist conditions 

and resolved themselves in warmer air 

conditions. The subsequent investigation 

identified that the engine air inlet filter is 

subject to icing under certain, currently not 

fully identified, icing conditions. 

The DA 42 NG is equipped with a 

manually controlled alternate air valve which 

bypasses the inlet air filter and provides 

sufficient air to the engine. The aeroplane 

flight manual (AFM) procedures include 

procedure for activation of the alternate air 

valve in case of power loss but these 

procedures were not applied by the pilots in 

these events. 

The DA 42 NG is certified for flights in 

known icing conditions during which engine 

inlet filter icing may occur, therefore it is 

expected that flights into suspected icing 

conditions, where inlet filter icing may 

occur, is more likely. 

Additional occurrence of dual ECU A/B 

caution initiation was reported followed by 

loss of power and loss of flight altitude. 

Again, the alternate air valve was not opened, 

which would have immediately resolved the 

situation. 

It has been recognized that the engine 

control ECU A/B caution triggers the pilot to 

focus on engine electrical or fuel supply 

problem and thus causes a misinterpretation 

of the situation. It has also been identified 

that the conditions during which air filter 

icing may occur could include the critical 

take-off and climb phase. 

This condition, if not corrected, could lead 

to a loss of engine power and reduced 

controllability of the aeroplane. 

To address this unsafe condition, DAI 

revised Supplement S03 ‘‘Ice Protection 

System’’ to the aeroplane AFM and issued 

Service Information SI 42NG–039 to advise 

the owners and pilots of the proper use of the 

engine alternate air. 

For the reasons described above, this AD 

requires revision of the aeroplane AFM to 

incorporate updated Normal and Abnormal 

Operating procedures for alternate air valve 

operation during suspected rain, snow or 

visible moisture conditions. 

The requirement of this AD is considered 

as an interim action. DAI is currently 

developing a modification that addresses the 

unsafe condition identified in this AD. 

You may obtain further information 

by examining the MCAI in the AD 

docket. 

Relevant Service Information 

Diamond Aircraft Industries GmbH 

has issued the following service 

information: 

• Service Information No. SI 42NG– 

039, dated November 14, 2012; 

• DA 42 NG AFM Temporary 

Revision TR–MA ̈ M 42–701, Doc. 

7.01.15–E, dated November 20, 2012; 

• DA 42 NG AFM Temporary 

Revision TR–MA ̈ M 42–701, Doc. 

7.01.16–E, dated November 20, 2012; 

and 

• DA 42 NG AFM Temporary 

Revision TR–OA ̈ M–42–200/a, Doc. 

#7.01.15–E, dated November 30, 2012. 

The actions described in this service 

information are intended to correct the 

unsafe condition identified in the 

MCAI. 

FAA’s Determination and Requirements 

of the AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with this State of 

Design Authority, they have notified us 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are issuing this 

AD because we evaluated all 

information provided by the State of 

Design Authority and determined the 

unsafe condition exists and is likely to 

exist or develop on other products of the 

same type design. 

Interim Action 

We consider this AD interim action. 

The type certificate holder is looking at 

developing a modification that 

addresses the unsafe condition 

identified in this AD. When this 

modification is established, we may take 

additional rulemaking action to 

mandate the modification. 

FAA’s Determination of the Effective 

Date 

An unsafe condition exists that 

requires the immediate adoption of this 

AD. The FAA has found that the risk to 

the flying public justifies waiving notice 

and comment prior to adoption of this 

rule because this condition, if not 

corrected, could lead to a loss of engine 

power and reduced controllability of the 

airplane. Therefore, we determined that 

notice and opportunity for public 

comment before issuing this AD are 

impracticable and that good cause exists 

for making this amendment effective in 

fewer than 30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not precede it by notice and 

opportunity for public comment. We 

invite you to send any written relevant 

data, views, or arguments about this AD. 

Send your comments to an address 

listed under the ADDRESSES section. 

Include ‘‘Docket No. FAA–2013–0247; 

Directorate Identifier 2013–CE–001– 

AD’’ at the beginning of your comments. 

We specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

this AD. We will consider all comments 

received by the closing date and may 

amend this AD because of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this AD. 

Costs of Compliance 

We estimate that this AD will affect 

26 products of U.S. registry. We also 

estimate that it would take about 1 

work-hour 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 $0 per 

product. 

Based on these figures, we estimate 

the cost of the AD on U.S. operators to 

be $2,210, or $85 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 that 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 


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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. 

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: 

2013–06–02 Diamond Aircraft Industries 

GmbH: Amendment 39–17397; Docket 

No. FAA–2013–0247; Directorate 

Identifier 2013–CE–001–AD. 

(a) Effective Date 

This airworthiness directive (AD) becomes 

effective April 8, 2013. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Diamond Aircraft 

Industries GmbH Models DA 42 M–NG and 

DA 42 NG airplanes, all serial numbers, 

certificated in any category. 

(d) Subject 

Air Transport Association of America 

(ATA) Code 71: Power Plant. 

(e) Reason 

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 the engine 

air inlet filter is subject to icing. We are 

issuing this AD to address the unsafe 

condition on these products. 

(f) Actions and Compliance 

Unless already done, do the following 

actions within 30 days after April 8, 2013 

(the effective date of this AD). 

(1) For Model DA 42 NG airplanes: 

Incorporate the following into the applicable 

pilot’s operating handbook (POH)/FAAapproved airplane flight manual (AFM) into 

the applicable sections: 

(i) Diamond Aircraft DA 42 NG AFM 

Temporary Revision TR–MA ̈ M 42–701, Doc. 

7.01.15–E, dated November 20, 2012; 

(ii) Diamond Aircraft DA 42 NG AFM 

Temporary Revision TR–MA ̈ M 42–701, Doc. 

7.01.16–E, dated November 20, 2012; and 

(iii) Diamond Aircraft DA 42 NG AFM 

Temporary Revision TR–OA ̈ M–42–200/a, 

Doc. #7.01.15–E, dated November 30, 2012. 

(2) For Model DA 42 M–NG airplanes: 

Incorporate the following into the applicable 

POH/FAA-approved AFM into the applicable 

sections: 

(i) Diamond Aircraft DA 42 NG AFM 

Temporary Revision TR–MA ̈ M 42–701, Doc. 

7.01.15–E, dated November 20, 2012; 

(ii) Diamond Aircraft DA 42 NG AFM 

Temporary Revision TR–OA ̈ M–42–200/a, 

Doc. #7.01.15–E, dated November 30, 2012. 

(3) The actions required by paragraphs 

(f)(1) and (f)(2) of this AD may be performed 

by the owner/operator (pilot) holding at least 

a private pilot certificate and must be entered 

into the aircraft records showing compliance 

with this AD in accordance with 14 CFR 43.9 

(a)(1)–(4) and 14 CFR 91.417(a)(2)(v). The 

record must be maintained as required by 

14 CFR 91.417, 121.380, or 135.439. 

(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. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, a federal 

agency may not conduct or sponsor, and a 

person is not required to respond to, nor 

shall a person be subject to a penalty for 

failure to comply with a collection of 

information subject to the requirements of 

the Paperwork Reduction Act unless that 

collection of information displays a current 

valid OMB Control Number. The OMB 

Control Number for this information 

collection is 2120–0056. Public reporting for 

this collection of information is estimated to 

be approximately 5 minutes per response, 

including the time for reviewing instructions, 

completing and reviewing the collection of 

information. All responses to this collection 

of information are mandatory. Comments 

concerning the accuracy of this burden and 

suggestions for reducing the burden should 

be directed to the FAA at: 800 Independence 

Ave. SW., Washington, DC 20591, Attn: 

Information Collection Clearance Officer, 

AES–200. 

(h) Related Information 

Refer to MCAI European Aviation Safety 

Agency (EASA) AD No.: 2012–0269, dated 

December 19, 2012; and Diamond Aircraft 

Industries GmbH Service Information No. SI 

42NG–039, dated November 14, 2012, for 

related information. 

(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 DA 42 NG AFM 

Temporary Revision TR–MA ̈ M 42–701, Doc. 

7.01.15–E, dated November 20, 2012; 

(ii) Diamond Aircraft DA 42 NG AFM 

Temporary Revision TR–MA ̈ M 42–701, Doc. 

7.01.16–E, dated November 20, 2012; and 

(iii) Diamond Aircraft DA 42 NG AFM 

Temporary Revision TR–OA ̈ M–42–200/a, 

Doc. #7.01.15–E, dated November 30, 2012. 

(3) For Diamond Aircraft Industries GmbH 

service information identified in this AD, 

contact Diamond Aircraft Industries GmbH, 

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

Austria, telephone: +43 2622 26700; fax: +43 

2622 26780; email: office@diamond-air.at; 

Internet: http://www.diamond-air.at. 

(4) You may view this service information 

at 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: http:// 

www.archives.gov/federal-register/cfr/ 

index.html. 

Issued in Kansas City, Missouri, on March 

7, 2013. 

Earl Lawrence, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2013–05989 Filed 3–15–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 97 

[Docket No. 30889; Amdt. No. 3524] 

Standard Instrument Approach 

Procedures, and Takeoff Minimums 

and Obstacle Departure Procedures; 

Miscellaneous Amendments 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 


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