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contains regulatory documents having general

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are keyed to and codified in the Code of

Federal Regulations, which is published under

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Rules and Regulations Federal Register

42677 

Vol. 78, No. 137 

Wednesday, July 17, 2013 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0164; Directorate 

Identifier 2013–NE–10–AD; Amendment 39– 

17513; AD 2013–14–08] 

RIN 2120–AA64 

Airworthiness Directives; Austro 

Engine GmbH Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for all 

Austro Engine GmbH model E4 engines. 

This AD requires removing from service 

certain part number waste gate 

controllers. This AD was prompted by 

several reports of power loss events due 

to fracture of the waste gate controller 

lever. We are issuing this AD to prevent 

engine power loss or in-flight shutdown, 

which could result in loss of control and 

damage to the airplane. 

DATES: This AD becomes effective 

August 21, 2013. 

ADDRESSES: For service information 

identified in this AD, contact Austro 

Engine GmbH, Rudolf-Diesel-Strasse 11, 

A–2700 Weiner Neustadt, Austria, 

phone: +43 2622 23000; fax: +43 2622 

23000–2711, and Web site: 

www.austroengine.at. You may view 

this service information at the FAA, 

Engine & Propeller Directorate, 12 New 

England Executive Park, Burlington, 

MA. For information on the availability 

of this material at the FAA, call 781– 

238–7125. 

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 address for the 

Docket Office (phone: 800–647–5527) is 

Document Management Facility, U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

Frederick Zink, Aerospace Engineer, 

Engine Certification Office, FAA, Engine 

& Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803; 

phone: 781–238–7779; fax: 781–238– 

7199; email: frederick.zink@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. The 

NPRM was published in the Federal 

Register on March 28, 2013 (78 FR 

18920). The NPRM proposed to correct 

an unsafe condition for the specified 

products. The European Aviation Safety 

Agency (EASA) issued EASA AD No. 

2013–0025, dated February 6, 2013. 

This MCAI states: 

Several power loss events have been 

reported on Austro E4 engines, due to 

fracture of the waste gate controller lever. 

This condition, if not corrected, could lead 

to further cases of power loss events, possibly 

resulting in forced landing, damage to the 

aeroplane and injury to occupants. 

You may obtain further information 

by examining the MCAI in the AD 

docket. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM (78 

FR 18920, March 28, 2013). 

Conclusion 

We reviewed the available data and 

determined that air safety and the 

public interest require adopting this AD 

as proposed (78 FR 18920, March 28, 

2013). 

Costs of Compliance 

We estimate that this AD affects about 

64 engines installed on airplanes of U.S. 

registry. We also estimate that it will 

take about 0.5 hours per engine to 

comply with this AD. The average labor 

rate is $85 per hour. Parts cost about 

$231. Based on these figures, we 

estimate the cost of the AD on U.S. 

operators to be $17,504. 

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 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 to the extent that it justifies 

making a regulatory distinction, 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. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this proposed AD and placed it in the 

AD docket. 


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42678 Federal Register / Vol. 78, No. 137 / Wednesday, July 17, 2013 / Rules and Regulations 

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: 

2013–14–08 Austro Engine GmbH 

(Formerly Diamond Aircraft Industries 

GmbH): Amendment 39–17513; Docket 

No. FAA–2013–0164; Directorate 

Identifier 2013–NE–10–AD. 

(a) Effective Date 

This airworthiness directive (AD) becomes 

effective August 21, 2013. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to all Austro Engine 

GmbH model E4 engines, with a waste gate 

controller, part number (P/N) E4A–41–120– 

000 Rev. 050, or lower revision, or a waste 

gate controller, P/N E4B–41–120–000 Rev. 

000, installed. 

(d) Reason 

This AD was prompted by several reports 

of power loss events due to fracture of the 

waste gate controller lever. We are issuing 

this AD to prevent engine power loss or inflight shutdown, which could result in loss 

of control and damage to the airplane. 

(e) Actions and Compliance 

(1) Unless already done, during the next 

engine maintenance, or within 110 flight 

hours, or within three months after the 

effective date of this AD, whichever occurs 

first, do the following. 

(2) Remove from service waste gate 

controllers, P/N E4A–41–120–000 Rev. 050, 

or lower revision, and waste gate controllers, 

P/N E4B–41–120–000 Rev. 000. 

(f) Installation Prohibition 

After the effective date of this AD, do not 

install any waste gate controller, P/N E4A– 

41–120–000 Rev. 050, or lower revision, or 

waste gate controller, P/N E4B–41–120–000 

Rev. 000, onto any engine. 

(g) Alternative Methods of Compliance 

(AMOCs) 

The Manager, Engine Certification Office, 

may approve AMOCs for this AD. Use the 

procedures found in 14 CFR 39.19 to make 

your request. 

(h) Related Information 

(1) For more information about this AD, 

contact Frederick Zink, Aerospace Engineer, 

Engine Certification Office, FAA, Engine & 

Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803; 

phone: 781–238–7779; fax: 781–238–7199; 

email: frederick.zink@faa.gov. 

(2) Refer to European Aviation Safety 

Agency AD 2013–0025, dated February 6, 

2013, for related information. You may 

examine the AD docket on the Internet at 

http://www.regulations.gov. 

(3) Austro Engine GmbH Mandatory 

Service Bulletin No. MSB–E4–007/4, 

Revision 4, dated April 24, 2013, which is 

not incorporated by reference in this AD, can 

be obtained from Austro Engine GmbH, using 

the contact information in paragraph (h)(4) of 

this AD. 

(4) For service information identified in 

this AD, contact Austro Engine GmbH, 

Rudolf-Diesel-Strasse 11, A–2700 Weiner 

Neustadt, Austria, phone: +43 2622 23000; 

fax: +43 2622 23000–2711, and Web site: 

www.austroengine.at. 

(5) You may view this service information 

at the FAA, Engine & Propeller Directorate, 

12 New England Executive Park, Burlington, 

MA. For information on the availability of 

this material at the FAA, call 781–238–7125. 

(i) Material Incorporated by Reference 

None. 

Issued in Burlington, Massachusetts, on 

July 10, 2013. 

Colleen M. D’Alessandro, 

Assistant Manager, Engine & Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–16951 Filed 7–16–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

19 CFR Part 351 

RIN 0625–AA66 

[Docket No.: 0612243022–3538–03] 

Certification of Factual Information To 

Import Administration During 

Antidumping and Countervailing Duty 

Proceedings 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

ACTION: Final rule. 

SUMMARY: The Department of Commerce 

(‘‘the Department’’) is amending the 

regulation which governs the 

certification of factual information 

submitted to the Department by a 

person or his or her representative 

during antidumping (‘‘AD’’) and 

countervailing duty (‘‘CVD’’) 

proceedings. The amended regulation is 

intended to strengthen the current 

certification requirements. For example, 

the amendment revises the certification 

in order to identify to which document 

the certification applies, to identify to 

which segment of an AD/CVD 

proceeding the certification applies, to 

identify who is making the certification, 

and to indicate the date on which the 

certification was made. In addition, the 

amendments are intended to ensure that 

parties and their counsel are aware of 

potential consequences for false 

certifications. 

DATES: This Final Rule is effective 

August 16, 2013. This rule will apply to 

all investigations initiated on the basis 

of petitions filed on or after August 16, 

2013, and other segments of AD/CVD 

proceedings initiated on or after August 

16, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Rebecca Cantu, Attorney, Office of Chief 

Counsel for Import Administration, 

Office of the General Counsel, or Myrna 

Lobo, International Trade Compliance 

Analyst, Office 6, Import 

Administration, U.S. Department of 

Commerce, 1401 Constitution Ave. NW., 

Washington, DC 20230, 202–482–4618 

or 202–482–2371, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 782(b) of the Tariff Act of 

1930, as amended (‘‘the Act’’), requires 

that any person providing factual 

information to the Department during 

an AD/CVD proceeding must certify the 

accuracy and completeness of such 

information. See 19 U.S.C. 1677m(b). 

Department regulations set forth the 

specific content requirements for such 

certifications. See 19 CFR 351.303(g) 

(2003). The Department recognized that 

the certification requirements and the 

language of the certification did not 

address certain important issues. For 

example, the certification language did 

not require the certifying official to 

specify the document or the proceeding 

for which the certification was 

submitted, or even the date on which 

the certification was signed. 

Therefore, on January 26, 2004, the 

Department published a notice of 

inquiry in the Federal Register, 

requesting comments regarding whether 

the certification requirements in place 

were sufficient to protect the integrity of 

Import Administration’s (‘‘IA’’) 

administrative processes and, if not, 

whether the current certification 

statements should be amended or 

strengthened and, if so, how. See 

Certification and Submission of False 

Statements to Import Administration 

During Antidumping and 

Countervailing Duty Proceedings, 69 FR 


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