35890 Federal Register / Vol. 77, No. 116 / Friday, June 15, 2012 / Proposed Rules 

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. 

(i) Related Information 

Refer to MCAI European Aviation Safety 

Agency (EASA) AD No.: 2012–0066, dated 

April 24, 2012; Piaggio Aero Industries S.p.A. 

Mandatory Service Bulletin No. 80–0318, 

dated October 24, 2011; Piaggio Aero 

Industries S.p.A. Mandatory Service Bulletin 

No. 80–0318, revision 1, dated February 3, 

2012; and Piaggio Aero Industries S.p.A. 

Mandatory Service Bulletin No. 80–0318, 

revision 2, dated March 28, 2012, for related 

information. For service information related 

to this AD, contact Piaggio Aero Industries 

S.p.A—Airworthiness Office, Via Luigi 

Cibrario, 4–16154 Genova-Italy; phone: +39 

010 6481353; fax: +39 010 6481881; email: 

airworthiness@piaggioaero.it; Internet: http:// 

www.piaggioaero.com/#/en/aftersales/ 

service-support. 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. 

Issued in Kansas City, Missouri, on May 

11, 2012. 

John Colomy, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–14723 Filed 6–14–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0633; Directorate 

Identifier 2012–CE–018–AD] 

RIN 2120–AA64 

Airworthiness Directives; Diamond 

Aircraft Industries GmbH Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

Diamond Aircraft Industries GmbH 

Models DA 42, DA 42 NG, and DA 42 

M–NG airplanes. This proposed AD 

results 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 describes the unsafe 

condition as excessive voids in the 

adhesive joint between the center wing 

spars and the upper center wing skins. 

This condition could cause the wing to 

fail, which could result in loss of 

control of the airplane. We are issuing 

this proposed AD to require actions to 

address the unsafe condition on these 

products. 

DATES: We must receive comments on 

this proposed AD by July 30, 2012. 

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 proposed AD, contact Diamond 

Aircraft Industries GmbH, N.A. OttoStra+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. 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 proposed 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: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2012–0633; Directorate Identifier 

2012–CE–018–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD because of those 

comments. 

We will post all comments we 

receive, without change, to http://

regulations.gov, including any personal 

information you provide. We will also 

post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued AD No. 2011– 

0100, dated May 26, 2011 (referred to 

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

unsafe condition for the specified 

products. The MCAI states: 

During conversion of a DA 42 to a DA 42 

NG, voids were detected in the adhesive joint 

between the centre wing spars and the upper 

centre wing skins, between the fuselage wall 

and the engine nacelle. The available 

information indicates that wings with voids 

continue to meet the certification design 


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Federal Register / Vol. 77, No. 116 / Friday, June 15, 2012 / Proposed Rules 35891 

limits, provided the voids are within 

established criteria. 

However, to detect any wings that may 

have voids exceeding these criteria, Diamond 

has issued Mandatory Service Bulletin (MSB) 

42–092 and MSB 42NG–022 (single 

document) that describes instructions for 

inspection of the aeroplanes that had these 

wings installed during manufacture. 

Aeroplanes that have voids within the 

inspection criteria may continue to operate 

without restriction, pending the outcome of 

ongoing investigations. Aeroplanes that have 

voids exceeding the inspection criteria must 

be repaired. 

For reasons described above, the EASA AD 

required the inspection of the affected 

aeroplanes to measure the voids in the 

adhesive joint between the centre wing spars 

and the upper centre wing skins, the 

reporting of all findings to Diamond Aircraft 

Industries and the repair of any voids 

exceeding the criteria as specified in the 

MSB. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

Diamond Aircraft Industries GmbH 

has issued Mandatory Service Bulletin 

No. MSB 42–092 MSB 42NG–022, dated 

May 20, 2011, and Work Instruction 

WI–MSB–42–092 WI–MSB–42NG–22, 

dated May 20, 2011. 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 Proposed 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 proposing this 

AD because we evaluated all 

information and determined the unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Costs of Compliance 

We estimate that this proposed AD 

will affect 172 products of U.S. registry. 

We also estimate that it would take 

about 2 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $85 per work-hour. 

Based on these figures, we estimate 

the cost of the proposed AD on U.S. 

operators to be $29,240, or $170 per 

product. 

In addition, we estimate that any 

necessary follow-on actions would take 

about 10 work-hours, for a cost of $850 

per product. We have no way of 

determining the number of products 

that may need these actions. 

According to the manufacturer, some 

of the costs of this proposed AD may be 

covered under warranty, thereby 

reducing the cost impact on affected 

individuals. We do not control warranty 

coverage for affected individuals. As a 

result, we have included all costs in our 

cost estimate. 

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 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) 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. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

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 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: 

Diamond Aircraft Industries GmbH: Docket 

No. FAA–2012–0633; Directorate 

Identifier 2012–CE–018–AD. 

(a) Comments Due Date 

We must receive comments by July 30, 

2012. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to the following Diamond 

Aircraft Industries GmbH Models DA 42, DA 

42 NG, and DA 42 M–NG airplanes: Serial 

numbers 42.006 through 42.008, 42.010, 

42.012 through 42.014, 42.016 through 

42.033, 42.035 through 42.043, 42.045, 

42.046, 42.048 through 42.051, 42.053, 

42.055 through 42.059, 42.061 through 

42.081, 42.083 through 42.093, 42.096 

through 42.097, 42.099 through 42.120, 

42.122 through 42.125, 42.127 through 

42.148, 42.150 through 42.170, 42.172 

through 42.176, 42.178, 42.179, 42.181 

through 42.200, 42.202 through 42.224, 

42.AC001 through 42.AC028, and 42.AC030 

through 42.AC052, certificated in any 

category. 

(d) Subject 

Air Transport Association of America 

(ATA) Code 57, Wings. 

(e) Reason 

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 excessive 

voids in the adhesive joint between the 

center wing spars and the upper center wing 

skins. We are issuing this AD to prevent wing 

failure, which could result in loss of control 

of the airplane. 

(f) Actions and Compliance 

Unless already done, do the following 

actions: 

(1) Within the next 100 hours time-inservice (TIS) after the effective date of this 

AD or within the next 3 months after the 

effective date of this AD, whichever occurs 

first, inspect the adhesive joint between the 

center wing spars and the upper center wing 

skin following Diamond Aircraft Industries 

GmbH Work Instruction WI–MSB–42–092 

WI–MSB–42NG–22, dated May 20, 2011, as 


srobinson on DSK4SPTVN1PROD with PROPOSALS
35892 Federal Register / Vol. 77, No. 116 / Friday, June 15, 2012 / Proposed Rules 

1Commission regulations referred to herein are 

found at 17 CFR Ch. 1 (2011). They are accessible 

on the Commission’s Web site, http://www.cftc.gov. 

2 5 U.S.C. 500 et seq. 

specified in Diamond Aircraft Industries 

GmbH Mandatory Service Bulletin No. MSB 

42–092 MSB 42NG–022, dated May 20, 2011. 

(2) Within 30 days after the inspection 

required in paragraph (f)(1) of this AD, using 

Appendix A of Diamond Aircraft Industries 

GmbH Work Instruction WI–MSB–42–092 

WI–MSB–42NG–22, dated May 20, 2011, 

report the results of the inspection to 

Diamond Aircraft Industries GmbH at the 

address in paragraph (h) of this AD. 

(3) If, during the inspection required in 

paragraph (f)(1) of this AD, voids are detected 

that exceed the criteria specified in Diamond 

Aircraft Industries GmbH Work Instruction 

WI–MSB–42–092 WI–MSB–42NG–22, dated 

May 20, 2011, before further flight, repair the 

airplane following Diamond Aircraft 

Industries GmbH Work Instruction WI–MSB– 

42–092 WI–MSB–42NG–22, dated May 20, 

2011, as specified in Diamond Aircraft 

Industries GmbH Mandatory Service Bulletin 

No. MSB 42–092 MSB 42NG–022, dated May 

20, 2011. 

(4) For the purpose of compliance with 

paragraph (f)(3) of this AD, a single 

positioning flight is allowed to a location 

where the repair can be done following the 

provisions specified in Section III.1 of 

Diamond Aircraft Industries GmbH Work 

Instruction WI–MSB–42–092 WI–MSB– 

42NG–22, dated May 20, 2011. 

(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. 2011–0100, dated 

May 26, 2011; Diamond Aircraft Industries 

GmbH Mandatory Service Bulletin No. MSB 

42–092 MSB 42NG–022, dated May 20, 2011, 

and Diamond Aircraft Industries GmbH Work 

Instruction WI–MSB–42–092 WI–MSB– 

42NG–22, dated May 20, 2011, for related 

information. For service information related 

to 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. 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. 

Issued in Kansas City, Missouri, on May 

11, 2012. 

John Colomy, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–14705 Filed 6–14–12; 8:45 am] 

BILLING CODE 4910–13–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Parts 3 and 23 

RIN 3038–AD66 

Dual and Multiple Associations of 

Persons Associated With Swap 

Dealers, Major Swap Participants and 

Other Commission Registrants 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Proposed rules. 

SUMMARY: The Commodity Futures 

Trading Commission (Commission or 

CFTC) is proposing regulations that 

would make clear that each swap dealer 

(SD), major swap participant (MSP), and 

other Commission registrant with whom 

an associated person (AP) is associated 

is required to supervise the AP and is 

jointly and severally responsible for the 

activities of the AP with respect to 

customers common to it and any other 

SD, MSP or other Commission registrant 

(Proposal). 

DATES: Comments must be received on 

or before August 14, 2012. 

ADDRESSES: You may submit comments, 

identified by RIN 3038–AD66 and ‘‘Dual 

and Multiple Associations of Persons 

Associated with Swap Dealers, Major 

Swap Participants and other 

Commission Registrants,’’ by any of the 

following methods: 

• Agency Web Site, via its Comments 

Online process: http:// 

comments.cftc.gov. Follow the 

instructions on the Web site for 

submitting comments. 

• Mail: Send to David A. Stawick, 

Secretary, Commodity Futures Trading 

Commission, 1155 21st Street NW., 

Washington, DC 20581. 

• Hand delivery/Courier: Same as 

Mail above. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov/search/index.jsp. 

Follow the instructions for submitting 

comments. 

Please submit your comments using 

only one method. All comments must be 

submitted in English, or if not, 

accompanied by an English translation. 

Comments will be posted as received to 

www.cftc.gov and the information you 

submit will be publicly available. If, 

however, you submit information that 

ordinarily is exempt from disclosure 

under the Freedom of Information Act, 

you may submit a petition for 

confidential treatment of the exempt 

information according to the procedures 

set forth in Commission Regulation 

145.9.1 The Commission reserves the 

right, but shall have no obligation, to 

review, pre-screen, filter, redact, refuse 

or remove any or all of your submission 

from www.cftc.gov that it may deem to 

be inappropriate for publication, such as 

obscene language. All submissions that 

have been redacted or removed that 

contain comments on the merits of the 

rulemaking will be retained in the 

public comment file and will be 

considered as required under the 

Administrative Procedure Act 2 and 

other applicable laws, and may be 

accessible under the Freedom of 

Information Act. 

FOR FURTHER INFORMATION CONTACT: 

Israel J. Goodman, Attorney-Advisor, or 

Barbara S. Gold, Associate Director, 

Division of Swap Dealer and 

Intermediary Oversight, 1155 21st Street 

NW., Washington, DC 20581. Telephone 

number: 202–418–6700 and electronic 

mail: igoodman@cftc.gov or 

bgold@cftc.gov. 

SUPPLEMENTARY INFORMATION: 


srobinson on DSK4SPTVN1PROD with PROPOSALS