40642 Federal Register / Vol. 78, No. 130 / Monday, July 8, 2013 / Proposed Rules 

(c) Affected ADs 

This AD revises AD 2008–14–02, 

Amendment 39–15597 (73 FR 39572, July 10, 

2008). 

(d) Comments Due Date 

We must receive comments by September 

6, 2013. 

(e) Compliance 

You are responsible for performing each 

action required by this AD within the 

specified compliance time unless it has 

already been accomplished prior to that time. 

(f) Required Actions 

(1) Within 10 hours time-in-service (TIS), 

or upon accumulating 100 hours TIS since 

new, whichever occurs later, inspect the 

fuselage frame 5700 middle section for a 

crack in accordance with the Compliance 

Instructions, paragraphs 1. through 4., of 

Agusta Bollettino Tecnico No. 139–018, 

Revision B, dated October 18, 2006. 

(2) Thereafter, at intervals not exceeding 

100 hours TIS, repeat the inspection as 

required by paragraph (f)(1) of this AD. 

(3) If there is a crack, before further flight, 

repair the crack in accordance with an FAAapproved procedure. 

(g) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Safety Management 

Group, FAA, may approve AMOCs for this 

AD. Send your proposal to: Sharon Miles, 

Aviation Safety Engineer, Regulations and 

Policy Group, Rotorcraft Directorate, FAA, 

2601 Meacham Blvd., Fort Worth, Texas 

76137; telephone (817) 222–5110; email 

sharon.y.miles@faa.gov. 

(2) For operations conducted under a 14 

CFR part 119 operating certificate or under 

14 CFR part 91, subpart K, we suggest that 

you notify your principal inspector, or 

lacking a principal inspector, the manager of 

the local flight standards district office or 

certificate holding district office before 

operating any aircraft complying with this 

AD through an AMOC. 

(h) Additional Information 

(1) Agusta Bollettino Tecnico No. 139–089, 

dated February 19, 2010, which is not 

incorporated by reference, specifies 

procedures to modify Model AB139 and 

AW139 helicopters by installing structural 

reinforcement skins at frame station 5700 to 

allow for extended inspection intervals for 

fatigue. 

(2) The subject of this AD is addressed in 

European Aviation Safety Agency (EASA) AD 

No. 2006–0357R1, dated April 22, 2010. You 

may view the EASA AD at http:// 

www.regulations.gov by searching for and 

locating it in Docket No. FAA–2008–0256. 

(i) Subject 

Joint Aircraft Service Component (JASC) 

Code: 5311, Fuselage, Main Frame. 

Issued in Fort Worth, Texas, on June 28, 

2013. 

Kim Smith, 

Directorate Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2013–16312 Filed 7–5–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0597; Directorate 

Identifier 2013–CE–016–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 

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 insufficient clearance 

between the rod end safety washer and 

the nose landing gear attachment lever 

causes the rod end to bend at each gear 

retraction sequence. 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 August 22, 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 proposed AD, contact Diamond 

Aircraft Industries GmbH, N.A. OttoStr.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 proposed AD, the 

MCAI, 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–2013–0597; Directorate Identifier 

2013–CE–016–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.: 2013– 

0121, dated June 4, 2013 (referred to 

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


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 130 / Monday, July 8, 2013 / Proposed Rules 40643 

unsafe condition for the specified 

products. The MCAI states: 

An incident was reported where a Diamond 

DA 42 aeroplane experienced an uncommanded rudder input and yaw after 

landing gear retraction, followed by restricted 

rudder travel. This situation caused the pilot 

to misinterpret this as an engine power loss. 

The rudder restriction could be removed by 

extending the landing gear and an uneventful 

landing was made. 

Subsequent investigation results showed that 

the rod end of the nose landing gear (NLG) 

actuator, Part Number (P/N) X11–0006/2, had 

broken, causing the actuator to block the 

nearby rudder steering linkage. This failure 

was likely a result of insufficient clearance 

between the rod end safety washer and the 

NLG attachment lever, causing the rod end to 

bend at each gear retraction sequence. 

This condition, if not detected and corrected, 

could result in reduced control of the 

aeroplane. 

Prompted by this event, Diamond Aircraft 

Industries (DAI) issued Mandatory Service 

Bulletin (MSB) 42–099/MSB 42NG–035, 

including Work Instruction (WI) WI–MSB– 

42–099/WI–MSB 42NG–035 (published as a 

single document), providing instructions to 

identify and modify the affected NLG 

actuators, which includes installation of a 

new rod end bearing and safety washer. 

For the reasons described above, this AD 

requires an inspection to identify the affected 

NLG actuators, P/N X11–0006/2, and, if an 

affected unit is installed, modification of the 

actuator. 

This AD also prohibits installation of any 

affected P/N X11–0006/2 NLG actuators that 

may be held as spares, unless they are 

modified. 

Relevant Service Information 

Diamond Aircraft Industries GmbH 

has issued Mandatory Service Bulletin 

MSB 42–099/1, MSB 42NG–035/1, 

dated May 3, 2013; and Work 

Instruction WI–MSB–42–099, WI–MSB 

42NG–035, Revision 1, dated May 3, 

2013. The actions described in this 

service information are intended to 

correct the unsafe condition identified 

in the MCAI. 

EASA AD No.: 2013–0121 references 

MSB 42–099/MSB 42NG–035, dated 

April 22, 2013, as the applicable service 

information. DAI subsequently revised 

this mandatory service bulletin to MSB 

42–099/1, MSB 42NG–035/1, dated May 

3, 2013, based on a change to the 

applicable P/N of the NLG actuator. 

This revision, MSB 42–099/1, MSB 

42NG–035/1, dated May 3, 2013, is 

referenced in this NPRM. 

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 170 products of U.S. registry. 

We also estimate that it would take 

about .5 work-hour 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 $7,225, or $42.50 per 

product. 

In addition, we estimate that any 

necessary follow-on actions would take 

about 2.5 work-hours and require parts 

costing $235, for a cost of $447.50 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–2013–0597; Directorate 

Identifier 2013–CE–016–AD. 

(a) Comments Due Date 

We must receive comments by August 22, 

2013. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Diamond Aircraft 

Industries GmbH Models DA 42, DA 42 NG, 

and DA 42 M–NG airplanes, all serial 

numbers, certificated in any category. 

(d) Subject 

Air Transport Association of America 

(ATA) Code 32: Landing Gear. 

(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 insufficient 

clearance between the rod end safety washer 

and the nose landing gear (NLG) attachment 


tkelley on DSK3SPTVN1PROD with PROPOSALS
40644 Federal Register / Vol. 78, No. 130 / Monday, July 8, 2013 / Proposed Rules 

lever causes the rod end to bend at each gear 

retraction sequence. We are issuing this AD 

to detect and correct insufficient clearance 

between the rod end safety washer and the 

nose landing gear (NLG) attachment lever, 

which may cause the NLG actuator to break 

and possibly restrict rudder control, resulting 

in loss of control. 

(f) Actions and Compliance 

Unless already done, do the following 

actions as specified in paragraphs (f)(1) and 

(f)(2) of this AD: 

(1) Within 100 hours time-in-service after 

the effective date of this AD or 6 calendar 

months after the effective date of this AD, 

whichever occurs first, inspect the NLG 

actuator to identify the part number (P/N) 

and serial number (S/N). If a NLG actuator P/ 

N X11–0006/2 is installed with a S/N 

between 0001 and 0155 (inclusive), modify 

the actuator by replacing the NLG rod end 

bearing and safety washer with new parts. 

Follow the INSTRUCTIONS section of Work 

Instruction WI–MSB–42–099, WI–MSB 

42NG–035, Revision 1, dated May 3, 2013, as 

specified in the Accomplishments/ 

Instructions paragraph of Mandatory Service 

Bulletin MSB 42–099/1, MSB 42NG–035/1, 

dated May 3, 2013. 

(2) As of the effective date of this AD, do 

not install on any airplane a NLG actuator P/ 

N X11–0006/2 with a S/N between 0001 and 

0155 (inclusive), unless the actuator has been 

modified following the INSTRUCTIONS 

section of Work Instruction WI–MSB–42– 

099, WI–MSB 42NG–035, Revision 1, dated 

May 3, 2013, as specified in the 

Accomplishments/Instructions paragraph of 

Mandatory Service Bulletin MSB 42–099/1, 

MSB 42NG–035/1, dated May 3, 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) AD No.: 2013–0121, dated 

June 4, 2013, for related information, which 

can be found in the AD docket on the 

Internet at http://www.regulations.gov. For 

service information related to 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. 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 June 28, 

2013. 

Earl Lawrence, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2013–16316 Filed 7–5–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE TREASURY 

Alcohol and Tobacco Tax and Trade 

Bureau 

27 CFR Part 9 

[Docket No. TTB–2013–0007; Notice No. 

138] 

RIN 1513–AC01 

Proposed Establishment of the Malibu 

Coast Viticultural Area 

AGENCY: Alcohol and Tobacco Tax and 

Trade Bureau, Treasury. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Alcohol and Tobacco Tax 

and Trade Bureau (TTB) proposes to 

establish the ‘‘Malibu Coast’’ viticultural 

area in portions of Los Angeles County 

and Ventura County, California. The 

proposed viticultural area, if 

established, would include the existing 

Saddle Rock-Malibu and MalibuNewton Canyon viticultural areas. TTB 

designates viticultural areas to allow 

vintners to better describe the origin of 

their wines and to allow consumers to 

better identify wines they may 

purchase. TTB invites comments on this 

proposed addition to its regulations. 

DATES: We must receive your comments 

on or before September 6, 2013. 

ADDRESSES: Please send your comments 

on this notice to one of the following 

addresses (please note that TTB has a 

new address for comments submitted by 

U.S. mail): 

• Internet: http://www.regulations.gov 

(via the online comment form for this 

notice as posted within Docket No. 

TTB–2013–0007 at ‘‘Regulations.gov,’’ 

the Federal e-rulemaking portal); 

• U.S. Mail: Director, Regulations and 

Rulings Division, Alcohol and Tobacco 

Tax and Trade Bureau, 1310 G Street 

NW., Box 12, Washington, DC 20005; or 

• Hand delivery/courier in lieu of 

mail: Alcohol and Tobacco Tax and 

Trade Bureau, 1310 G Street NW., Suite 

200E, Washington, DC 20005. 

See the Public Participation section of 

this notice for specific instructions and 

requirements for submitting comments, 

and for information on how to request 

a public hearing. 

You may view copies of this notice, 

selected supporting materials, and any 

comments that TTB receives about this 

proposal at http://www.regulations.gov 

within Docket No. TTB–2013–0007. A 

link to that docket is posted on the TTB 

Web site at http://www.ttb.gov/wine/ 

wine-rulemaking.shtml under Notice 

No. 138. You also may view copies of 

this notice, all related petitions, maps, 

or other supporting materials, and any 

comments that TTB receives about this 

proposal by appointment at the TTB 

Information Resource Center, 1310 G 

Street NW., Washington, DC 20005. 

Please call 202–453–2270 to make an 

appointment. 

FOR FURTHER INFORMATION CONTACT: 

Karen A. Thornton, Regulations and 

Rulings Division, Alcohol and Tobacco 

Tax and Trade Bureau, 1310 G Street 

NW., Box 12, Washington, DC 20005; 

phone 202–453–1039, ext. 175. 

SUPPLEMENTARY INFORMATION: 

Background on Viticultural Areas 

TTB Authority 

Section 105(e) of the Federal Alcohol 

Administration Act (FAA Act), 27 

U.S.C. 205(e), authorizes the Secretary 

of the Treasury to prescribe regulations 

for the labeling of wine, distilled spirits, 

and malt beverages. The FAA Act 

provides that these regulations should, 

among other things, prohibit consumer 

deception and the use of misleading 

statements on labels, and ensure that 

labels provide the consumer with 

adequate information as to the identity 

and quality of the product. The Alcohol 

and Tobacco Tax and Trade Bureau 

(TTB) administers the FAA Act 

pursuant to section 1111(d) of the 

Homeland Security Act of 2002, 

codified at 6 U.S.C. 531(d). The 

Secretary has delegated various 

authorities through Treasury 

Department Order 120–01 (Revised), 

dated January 21, 2003, to the TTB 

Administrator to perform the functions 

and duties in the administration and 

enforcement of this law. 

Part 4 of the TTB regulations (27 CFR 

part 4) allows the establishment of 

definitive viticultural areas and the use 

of their names as appellations of origin 

on wine labels and in wine 

advertisements. Part 9 of the TTB 

regulations (27 CFR part 9) sets forth 


tkelley on DSK3SPTVN1PROD with PROPOSALS