Federal Register / Vol. 78, No. 87 / Monday, May 6, 2013 / Rules and Regulations 26241 

(k) Related Information 

For more information about this AD, 

contact Sue Lucier, Aerospace Engineer, 

Propulsion Branch, ANM–140S, FAA, Seattle 

Aircraft Certification Office, 1601 Lind 

Avenue SW., Renton, Washington 98057– 

3356; phone: 425–917–6438; fax: 425–917– 

6590; email: Suzanne.Lucier@faa.gov. 

For service information identified in this 

AD, contact Boeing Commercial Airplanes, 

Attention: Data & Services Management, P.O. 

Box 3707, MC 2H–65, Seattle, Washington 

98124–2207; telephone 206–544–5000, 

extension 1; fax 206–766–5680; Internet 

https://www.myboeingfleet.com. 

(l) 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) Boeing Special Attention Service 

Bulletin 737–78–1086, Revision 1, dated May 

15, 2012. 

(ii) Reserved. 

(3) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P.O. Box 3707, MC 2H–65, 

Seattle, Washington 98124–2207; telephone 

206–544–5000, extension 1; fax 206–766– 

5680; Internet https:// 

www.myboeingfleet.com. 

(4) You may view this service information 

at FAA, Transport Airplane Directorate, 1601 

Lind Avenue SW., Renton, Washington. For 

information on the availability of this 

material at the FAA, call 425–227–1221. 

(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/ibrlocations.html. 

Issued in Renton, Washington, on April 3, 

2013. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2013–08992 Filed 5–3–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–1172; Directorate 

Identifier 2012–CE–040–AD; Amendment 

39–17447; AD 2013–04–08 R1] 

RIN 2120–AA64 

Airworthiness Directives; Diamond 

Aircraft Industries GmbH Powered 

Gliders 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are revising an 

airworthiness directive (AD) for certain 

Diamond Aircraft Industries GmbH 

Models HK 36 R, HK 36 TS, and HK 36 

TTS powered gliders. AD 2013–04–08 

required replacement of each elevator 

bell crank assembly and elevator bell 

crank mount. This AD retains the 

actions of AD 2013–04–08 but decreases 

gliders in the Applicability by removing 

the Model H–36 from the Applicability. 

This AD was prompted by reports of 

installation of an unsuitable self-locking 

nut on the bell crank of the elevator 

push rod that can cause failure of the 

elevator, resulting in loss of control. We 

are issuing this AD to correct the unsafe 

condition on these products. 

DATES: This final rule is effective May 6, 

2013. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of April 9, 2013 (78 FR 14160, March 

5, 2013). 

We must receive any comments on 

this AD by June 20, 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, 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: 

www.diamond-air.at/hk36_super_

dimona+M52087573ab0.html. 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 (phone: 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 

On February 14, 2013, we issued AD 

2013–04–08, amendment 39–17365 (78 

FR 14160, March 5, 2013), for all 

Diamond Aircraft Industries GmbH 

Models HK 36 R, HK 36 TS, and HK 36 

TTS powered gliders. That AD requires 

replacement of the elevator bell crank 

assembly and elevator bell crank mount. 

That AD resulted from installation of an 

unsuitable self-locking nut on the bell 

crank of the elevator push rod that can 

cause failure of the elevator, resulting in 

loss of control. We issued that AD to 

require actions to address the unsafe 

condition on these products. 

Actions Since AD Was Issued 

Since we issued AD 2013–04–08 (78 

FR 14160, March 5, 2013), it was 

determined that Model H–36 airplanes 

do not have the elevator control and 

bellcrank assembly part numbers 

associated with the unsafe condition of 

this AD. Since Model H–36 airplanes do 

not have the unsafe condition, it is not 

necessary or possible for those airplanes 

to comply with this AD, so we are 

removing the Model H–36 from the 

Applicability section. 

Relevant Service Information 

We reviewed Diamond Aircraft 

Industries GmbH Mandatory Service 

Bulletin MSB 36–108, dated February 

28, 2012; and Diamond Aircraft 


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26242 Federal Register / Vol. 78, No. 87 / Monday, May 6, 2013 / Rules and Regulations 

Industries GmbH Work Instruction WI– 

MSB 36–108, dated February 28, 2012. 

The service information describes 

procedures for replacement of the 

elevator bell crank assembly and 

elevator bell crank mount. 

FAA’s Determination 

We are issuing this AD because we 

evaluated all the relevant information 

and determined it is not necessary or 

possible for Diamond Aircraft Industries 

GmbH Model H–36 airplanes to comply 

with the previous AD. 

AD Requirements 

This AD requires accomplishing the 

actions specified in the service 

information described previously. 

Change to Existing AD 

This AD would retain all 

requirements of 2013–04–08 (78 FR 

14160, March 5, 2013), but decrease the 

Applicability by removing Model H–36. 

FAA’s Justification and 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 the Diamond Model H–36 

does not have the same elevator control 

and bell crank assembly. It is not 

necessary and not possible for these 

powered gliders to comply with the AD 

action items. Therefore, we find that 

notice and opportunity for prior public 

comment are unnecessary and that good 

cause exists for making this amendment 

effective in less than 30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not provide you with notice and 

an opportunity to provide your 

comments before it becomes effective. 

However, we invite you to send any 

written data, views, or arguments about 

this AD. Send your comments to an 

address listed under the ADDRESSES

section. Include the docket number 

FAA–2012–1172 and directorate 

identifier 2012–CE–040–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 

25 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 AD. The 

average labor rate is $85 per work-hour. 

Required parts would cost about $352 

per product. 

Based on these figures, we estimate 

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

be $13,050, or $522 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 

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, 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 part 39 of the Federal 

Aviation Regulations (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 

removing airworthiness directive (AD) 

2013–04–08 (78 FR 14160, March 5, 

2013) and adding the following new AD: 

2013–04–08 R1 Diamond Aircraft 

Industries GmbH: Amendment 39– 

17447; Docket No. FAA–2012–1172; 

Directorate Identifier 2012–CE–040–AD. 

(a) Effective Date 

This AD is effective May 6, 2013. 

(b) Affected ADs 

This AD revises AD 2013–04–08 (78 FR 

14160, March 5, 2013), Amendment 39– 

17365. 

(c) Applicability 

This AD applies to the following Diamond 

Aircraft Industries GmbH models and serial 

number (S/N) powered gliders, certificated in 

any category: HK 36 R powered gliders, S/Ns 

36.300 through 36.414; HK 36 TS powered 

gliders, S/Ns 36.415 and 36.416; and HK 36 

TTS powered gliders, S/N 36.393. 

(d) Subject 

Joint Aircraft System Component (JASC)/ 

Air Transport Association (ATA) Code 27: 

Flight Controls. 

(e) Unsafe Condition 

This AD was prompted by reports of 

installation of an unsuitable self-locking nut 

on the bell crank of the elevator push rod that 

can cause failure of the elevator, resulting in 

loss of control. We are issuing this revised 

AD because we evaluated all the relevant 

information and determined it is not 

necessary or possible for the Diamond 

Aircraft Industries GmbH Model H–36 to 

comply with the previous AD. Installation of 

an unsuitable self-locking nut on the bell 

crank of the elevator push rod that can cause 

failure of the elevator, resulting in loss of 

control. 

(f) Actions and Compliance 

Unless already done, do the following 

actions specified in paragraphs (f)(1) and 

(f)(2) of this AD following Diamond Aircraft 

Industries GmbH Mandatory Service Bulletin 

MSB 36–108 and Diamond Aircraft 


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Federal Register / Vol. 78, No. 87 / Monday, May 6, 2013 / Rules and Regulations 26243 

Industries GmbH Work Instruction WI–MSB 

36–108, both dated February 28, 2012: 

(1) Within the next 200 hours time-inservice (TIS) after April 9, 2013, (the effective 

date retained from AD 2013–04–08, 

Amendment 39–17365 (78 FR 14160, March 

5, 2013)) or within the next 12 months after 

April 9, 2013, (the effective date retained 

from AD 2013–04–08, Amendment 39–17365 

(78 FR 14160, March 5, 2013)), whichever 

occurs first, replace each elevator bell crank 

assembly with part number (P/N) 820–2730– 

12–00, and replace each elevator bell crank 

mount with P/N 820–2730–11–00. 

(2) After April 9, 2013, (the effective date 

retained from AD 2013–04–08, Amendment 

39–17365 (78 FR 14160, March 5, 2013)), 

only install on the powered glider elevator 

bell crank assemblies with P/N 820–2730– 

12–00 and elevator bell crank mounts with 

P/N 820–2730–11–00. 

(g) Alternative Methods of Compliance 

(AMOCs) 

(1) 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. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(h) Related Information 

For more information about this AD, 

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. 

(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. 

(3) The following service information was 

approved for IBR on April 9, 2013 (78 FR 

14160, March 5, 2013). 

(i) Diamond Aircraft Industries GmbH 

Mandatory Service Bulletin MSB 36–108, 

dated February 28, 2012. 

(ii) Diamond Aircraft Industries GmbH 

Work Instruction WI–MSB 36–108, dated 

February 28, 2012. 

(4) 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: www.diamond-air.at/ 

hk36_super_dimona+M52087573ab0.html. 

(5) 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. 

(6) 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/ibrlocations.html. 

Issued in Kansas City, Missouri, on April 

24, 2013. 

Earl Lawrence, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2013–10270 Filed 5–3–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2012–0394; Airspace 

Docket No. 12–AEA–8] 

Amendment of Class E Airspace; 

Easton, PA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class E 

Airspace at Easton, PA, as the 

Allentown VORTAC has been 

decommissioned and new Standard 

Instrument Approach Procedures have 

been developed at Braden Airpark. This 

action enhances the safety and 

management of Instrument Flight Rules 

(IFR) operations at the airport. This 

action also recognizes the airport’s name 

change and updates the geographic 

coordinates of the airport. 

DATES: Effective 0901 UTC, June 27, 

2013. The Director of the Federal 

Register approves this incorporation by 

reference action under title 1, Code of 

Federal Regulations, part 51, subject to 

the annual revision of FAA Order 

7400.9 and publication of conforming 

amendments. 

FOR FURTHER INFORMATION CONTACT: John 

Fornito, Operations Support Group, 

Eastern Service Center, Federal Aviation 

Administration, P.O. Box 20636, 

Atlanta, Georgia 30320; telephone (404) 

305–6364. 

SUPPLEMENTARY INFORMATION: 

History 

On January 24, 2013, the FAA 

published in the Federal Register a 

notice of proposed rulemaking (NPRM) 

to amend Class E airspace at Easton, PA 

(78 FR 5152) Docket No. FAA–2012– 

0394. Interested parties were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal to the FAA. No comments 

were received. Class E airspace 

designations are published in paragraph 

6005 of FAA Order 7400.9W dated 

August 8, 2012, and effective September 

15, 2012, which is incorporated by 

reference in 14 CFR Part 71.1. The Class 

E airspace designations listed in this 

document will be published 

subsequently in the Order. 

The Rule 

This amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

amends the Class E airspace extending 

upward from 700 feet above the surface 

at Easton, PA to accommodate the new 

Standard Instrument Approach 

Procedures developed for Braden 

Airpark. The Allentown VORTAC has 

been decommissioned, and the VOR/ 

DME approach cancelled. The 

controlled airspace area is increased to 

within an 8.2-mile radius of the airport 

due to terrain in the surrounding area. 

Also, the airport name is changed from 

Easton Airport to Braden Airpark, and 

the geographic coordinates of the airport 

are adjusted to coincide with the FAA’s 

aeronautical database. Also, the 

sentence in the regulatory text 

referencing the effectiveness of the 

airspace from sunrise to sunset, daily, is 

removed. Except for editorial changes 

and the changes noted above, this rule 

is the same as published in the NPRM. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current, is non-controversial and 

unlikely to result in adverse or negative 

comments. It, therefore, (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); and (3) 

does not warrant preparation of a 

Regulatory Evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

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. This rulemaking is 


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