Federal Register / Vol. 78, No. 84 / Wednesday, May 1, 2013 / Rules and Regulations 25363 

Issued in Fort Worth, Texas, on April 12, 

2013. 

Lance T. Gant, 

Acting Directorate Manager, Rotorcraft 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–09433 Filed 4–30–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0348; Directorate 

Identifier 2013–CE–005–AD; Amendment 

39–17439; AD 2013–08–21] 

RIN 2120–AA64 

Airworthiness Directives; Diamond 

Aircraft Industries 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 Model DA 

40 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 

chafing between the charge air tubing 

and the engine firewall that may cause 

a hole in the charge air tubing, which 

could result in loss of charged air 

pressure with consequent loss of engine 

power and loss of control. We are 

issuing this AD to require actions to 

address the unsafe condition on these 

products. 

DATES: This AD is effective May 21, 

2013. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of May 21, 2013. 

We must receive comments on this 

AD by June 17, 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-Str.5, 

A–2700 Wiener Neustadt, Austria; 

telephone: +43 2622 26700; fax: +43 

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

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. 

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 EASA AD 2013– 

0018, dated January 21, 2013 (referred to 

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

unsafe condition for the specified 

products. The MCAI states: 

An occurrence of loss of engine charge air 

pressure was reported, which prompted an 

in-flight Engine Control Unit warning. The 

investigation results identified that chafing 

caused a hole in the charge air tubing where 

it touched the engine firewall. Further 

investigation results identified other DA 40 

NG aeroplanes with chafing marks in this 

area. 

To prevent chafing between the charged air 

tube and engine firewall, DAI issued 

Recommended SB 40NG–011 to replace the 

charged air elbow hose between the 

turbocharger and intercooler with an 

aluminium tube to improve the durability of 

the charged air system. 

After issuance of SB 40NG–011, an 

additional occurrence of a hole in a charge 

air tube was reported, apparently caused by 

chafing. The results of the subsequent 

investigation revealed that the improved 

design cannot assure the necessary clearance 

between the charged air tubing and 

surrounding parts. 

This condition, if not corrected, could lead 

to loss of charged air pressure, possibly 

resulting in loss of engine power and reduced 

control of the aeroplane. 

To address this unsafe condition, DAI 

issued Mandatory SB 40NG–18, providing 

instructions to inspect the charged air tubing 

from the turbocharger to the intercooler and 

replacement of affected parts with an 

improved design. 

For the reasons described above, this AD 

requires repetitive inspections of charged air 

tubing for the presence of the chafing marks 

and, depending on findings, replacement of 

damaged tubing, or installation of improved 

design tubing. 

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 

40NG–018/1, dated November 20, 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. 

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 there is only one airplane 

on the U.S. registry affected by this 

unsafe condition, and the required 

modification has been completed on the 

specific airplane. Therefore, we 

determined that notice and opportunity 

for public comment before issuing this 

AD are unnecessary and that good cause 

exists for making this amendment 

effective in fewer than 30 days. 


wreier-aviles on DSK5TPTVN1PROD with RULES
25364 Federal Register / Vol. 78, No. 84 / Wednesday, May 1, 2013 / Rules and Regulations 

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–2013–0348; 

Directorate Identifier 2013–CE–005– 

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 1 

product 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 $1,381 

per product. 

Based on these figures, we estimate 

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

be $1,551, or $1,551 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 

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: 

2013–08–21 Diamond Aircraft Industries: 

Amendment 39–17439; Docket No. 

FAA–2013–0348; Directorate Identifier 

2013–CE–005–AD. 

(a) Effective Date 

This airworthiness directive (AD) becomes 

effective May 21, 2013. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to the following Diamond 

Aircraft Industries GmbH airplanes, 

certificated in any category: 

(1) Model DA 40 NG airplanes serial 

numbers 40.N001 through 40.N084; and 

(2) Model DA 40 NG airplanes, all serial 

numbers, that have been converted from the 

Model DA 40 D. 

(d) Subject 

Air Transport Association of America 

(ATA) Code 81: Turbocharging. 

(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. We are 

issuing this AD to detect and correct chafing 

between the charge air tubing and the engine 

firewall that may cause a hole in the charge 

air tubing and could result in loss of charged 

air pressure with consequent loss of engine 

power and loss of control. 

(f) Actions and Compliance 

Unless already done, do the actions 

specified in paragraphs (f)(1) through (f)(6). 

(1) Initially within the next 50 hours timein-service (TIS) after May 21, 2013 (the 

effective date of this AD) or within the next 

60 days after May 21, 2013 (the effective date 

of this AD), whichever occurs first, and 

repetitively thereafter at intervals not to 

exceed 50 hours TIS inspect, the charged air 

tubing from the turbocharger to the 

intercooler for chafing marks following the 

Accomplishments/Instructions section of 

Diamond Aircraft Industries GmbH 

Mandatory Service Bulletin 40NG–018/1, 

dated November 26, 2012. 

(2) If chafing marks are found on the 

charged air tubing during any inspection 

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

further flight, replace the charged air tubing 

with an airworthy part or modify the airplane 

with the improved design parts as specified 

in paragraph (f)(3) of this AD. Follow the 

Instructions section of Diamond Aircraft 

Industries GmbH Work Instruction WI–MSB– 

40NG–018, Revision 1, dated November 26, 

2012, as specified in the Accomplishments/ 

Instructions section of Diamond Aircraft 

Industries GmbH Mandatory Service Bulletin 

40NG–018/1, dated November 26, 2012. If 

you choose to replace with an airworthy part 

instead of modifying the airplane as specified 

in paragraph (f)(3) of this AD, you must 

continue the repetitive inspections required 

in paragraph (f)(1) of this AD until the 

modification required in paragraph (f)(3) of 

this AD. 

(3) Within the next 200 hours TIS after 

May 21, 2013 (the effective date of this AD) 

or within the next 12 months after May 21, 

2013 (the effective date of this AD), 

whichever occurs first, unless already done 

as the corrective action specified in 

paragraph (f)(2) of this AD, modify the 

airplane with the improved design parts. 

Follow the Instructions sections Diamond 

Aircraft Industries GmbH Work Instruction 

WI–MSB–40NG–018, Revision 1, dated 

November 26, 2012, as specified in the 

Accomplishments/Instructions section 

Diamond Aircraft Industries GmbH 

Mandatory Service Bulletin 40NG–018/1, 

dated November 26, 2012. 

(4) Modification of the airplane with 

improved design parts as specified in 

paragraph (f)(3) of this AD terminates the 

repetitive inspection requirements in 

paragraph (f)(1) of this AD. 

(5) After the modification specified in 

paragraph (f)(3) of this AD, do not install 

charge air elbow hose part number (P/N) 

SNS5X–O–60_72–90 °, charge air tube P/N 

D44–8126–00–05, or charge air hose P/N 

D44–8122–00–10 on any airplane. 

(6) After May 21, 2013 (the effective date 

of this AD), Diamond Aircraft Industries 


wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 78, No. 84 / Wednesday, May 1, 2013 / Rules and Regulations 25365 

GmbH Recommended Service Bulletin 

40NG–011, dated February 28, 2012, is no 

longer valid, and any actions following 

Diamond Aircraft Industries GmbH 

Recommended Service Bulletin 40NG–011, 

dated February 28, 2012, are prohibited. 

(g) Credit for Actions Accomplished in 

Accordance With Previous Service 

Information 

If, before May 21, 2013 (the effective date 

of this AD), you performed the actions in the 

Accomplishments/Instructions section of 

Diamond Aircraft Industries GmbH 

Mandatory Service Bulletin 40NG–018, dated 

November 22, 2012, you met the 

requirements of paragraphs (f)(1), (f)(2), and 

(f)(3) of this AD. 

(h) 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. 

(i) Related Information 

Refer to European Aviation Safety Agency 

(EASA) AD 2013–0018, dated January 21, 

2013; and Diamond Aircraft Industries GmbH 

Mandatory Service Bulletin 40NG–018, dated 

November 22, 2012, for related information. 

(j) 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 40NG–018/1, 

dated November 26, 2012. 

(ii) Diamond Aircraft Industries GmbH 

Work Instruction WI–MSB–40NG–018, 

Revision 1, dated November 26, 2012. 

(3) For Diamond Aircraft Industries GmbH 

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: http://www.diamondaircraft.com/ 

contact/technical.php. 

(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/ibrlocations.html. 

Issued in Kansas City, Missouri on April 

15, 2013. 

Earl Lawrence, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2013–09431 Filed 4–30–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0951; Directorate 

Identifier 2007–SW–52–AD; Amendment 

39–17437; AD 2013–08–19] 

RIN 2120–AA64 

Airworthiness Directives; Eurocopter 

France Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for 

Eurocopter France (Eurocopter) Model 

AS350B, AS350BA, AS350B1, 

AS350B2, AS350B3, AS350C, AS350D, 

AS350D1, AS355E, AS355F, AS355F1, 

AS355F2, and AS355N helicopters. This 

AD requires visual and dye penetrant 

inspections for cracks in the rear roller 

support shaft (shaft) and rear fitting 

(fitting) of the sliding door, and 

replacing the shaft or fitting if there is 

a crack. This AD’s actions are prompted 

by reports of cracks in the shaft and the 

fitting and are intended to prevent the 

loss of the sliding door, which could 

come into contact with the rotor system, 

leading to damage to the helicopter and 

loss of helicopter control. 

DATES: This AD is effective June 5, 2013. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain documents listed in this AD 

as of June 5, 2013. 

ADDRESSES: For service information 

identified in this AD, contact American 

Eurocopter Corporation, 2701 N. Forum 

Drive, Grand Prairie, TX 75052; 

telephone (972) 641–0000 or (800) 232– 

0323; fax (972) 641–3775; or at http:// 

www.eurocopter.com/techpub. You may 

review the referenced service 

information at the FAA, Office of the 

Regional Counsel, Southwest Region, 

2601 Meacham Blvd., Room 663, Fort 

Worth, Texas 76137. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov or in person at the 

Docket Operations Office between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this AD, any 

incorporated-by-reference service 

information, the economic evaluation, 

any comments received, and other 

information. The street address for the 

Docket Operations Office (phone: 800– 

647–5527) is U.S. Department of 

Transportation, Docket Operations 

Office, M–30, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: Gary 

Roach, Aviation Safety Engineer, 

Regulations and Policy Group, 

Rotorcraft Directorate, FAA, 2601 

Meacham Blvd., Fort Worth, Texas 

76137; telephone (817) 222–5110; email 

gary.b.roach@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

On October 22, 2009, at 74 FR 54501, 

the Federal Register published our 

notice of proposed rulemaking (NPRM), 

which proposed to amend 14 CFR part 

39 to include an AD that would apply 

to Eurocopter Model AS350B, 

AS350BA, AS350B1, AS350B2, 

AS350B3, AS350C, AS350D, AS350D1, 

AS355E, AS355F, AS355F1, AS355F2, 

and AS355N helicopters, with sliding 

door pre-modification (MOD) 073298 or 

pre-MOD 073308, installed. The NPRM 

proposed to require visual and dye 


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