54800 Federal Register / Vol. 77, No. 173 / Thursday, September 6, 2012 / Rules and Regulations 

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 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 airworthiness 

directive (AD): 

2012–17–12 The Boeing Company: 

Amendment 39–17175; Docket No. 

FAA–2011–1065; Directorate Identifier 

2011–NM–007–AD. 

(a) Effective Date 

This AD is effective October 11, 2012. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to The Boeing Company 

Model 747–400 series airplanes, certificated 

in any category, as identified in Boeing 

Special Attention Service Bulletin 747–25– 

3586, dated November 12, 2010. 

(d) Subject 

Joint Aircraft System Component (JASC)/ 

Air Transport Association (ATA) of America 

Code 25, Equipment and Furnishings. 

(e) Unsafe Condition 

This AD was prompted by reports of water 

leaking into electrical and electronic 

equipment in the main equipment center. We 

are issuing this AD to prevent water from 

entering the main equipment center, which 

could result in an electrical short and 

potential loss of several functions essential 

for safe flight. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Floor Panel Sealing 

Within 24 months after the effective date 

of this AD: Modify the floor panels; remove 

drains; install floor supports, floor drain 

trough doublers, drain troughs, and drains; 

and seal and tape the floor panels; at the 

applicable locations; in accordance with the 

Accomplishment Instructions of Boeing 

Special Attention Service Bulletin 747–25– 

3586, dated November 12, 2010. 

(h) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Seattle Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. In accordance with 14 CFR 39.19, 

send your request to your principal inspector 

or local Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the ACO, send it to the 

attention of the person identified in the 

Related Information section of this AD. 

Information may be emailed to: 9-ANMSeattle-ACO–AMOC-Requests@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. 

(i) Related Information 

For more information about this AD, 

contact Francis Smith, Aerospace Engineer, 

Cabin Safety & Environmental Systems 

Branch, ANM–150S, Seattle Aircraft 

Certification Office (ACO), FAA, 1601 Lind 

Avenue SW., Renton, Washington 98057– 

3356; phone: 425–917–6596; fax: 425–917– 

6590; email: Francis.Smith@faa.gov. 

(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) Boeing Special Attention Service 

Bulletin 747–25–3586, dated November 12, 

2010. 

(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; phone: 

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

5680; Internet: https:// 

www.myboeingfleet.com. 

(4) You may review copies of the 

referenced service information at the 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 also review copies of the 

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/ibr-locations.html. 

Issued in Renton, Washington, on August 

22, 2012. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–21289 Filed 9–5–12; 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; Amendment 

39–17170; AD 2012–17–07] 

RIN 2120–AA64 

Airworthiness Directives; Diamond 

Aircraft Industries GmbH Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Diamond Aircraft Industries GmbH 

Models DA 42, DA 42 NG, and DA 42 

M–NG airplanes. This AD results from 

mandatory continuing airworthiness 

information (MCAI) issued 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 


TKELLEY on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 173 / Thursday, September 6, 2012 / Rules and Regulations 54801 

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 AD to 

require actions to address the unsafe 

condition on these products. 

DATES: This AD is effective October 11, 

2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of October 11, 2012. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at 

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 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@diamondair.at; Internet: http://www.diamondair.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. 

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 

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. That 

NPRM was published in the Federal 

Register on June 15, 2012 (77 FR 35890). 

That NPRM proposed 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 

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. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM (77 

FR 35890, June 15, 2012) or on the 

determination of the cost to the public. 

Conclusion 

We reviewed the relevant data and 

determined that air safety and the 

public interest require adopting the AD 

as proposed except for minor editorial 

changes. We have determined that these 

minor changes: 

• Are consistent with the intent that 

was proposed in the NPRM (77 FR 

35890, June 15, 2012) for correcting the 

unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM (77 FR 35890, 

June 15, 2012). 

Costs of Compliance 

We estimate that this AD will affect 

172 products of U.S. registry. We also 

estimate that it will take about 2 workhours per product to comply with the 

basic requirements of this AD. The 

average labor rate is $85 per work-hour. 

Based on these figures, we estimate 

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

be $29,240, or $170 per product. 

In addition, we estimate that any 

necessary follow-on actions will 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 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 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, 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. 

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 the NPRM, 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. 

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, 


TKELLEY on DSK3SPTVN1PROD with RULES
54802 Federal Register / Vol. 77, No. 173 / Thursday, September 6, 2012 / Rules and Regulations 

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: 

2012–17–07 Diamond Aircraft Industries 

GmbH: Amendment 39–17170; Docket 

No. FAA–2012–0633; Directorate 

Identifier 2012–CE–018–AD. 

(a) Effective Date 

This airworthiness directive (AD) becomes 

effective October 11, 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 October 11, 2012 (the 

effective date of this AD) or within the next 

3 months after October 11, 2012 (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 

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 (i)(3) 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. 

(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. 

(i) Diamond Aircraft Industries GmbH 

Mandatory Service Bulletin No. MSB 42–092, 

MSB 42NG–022, dated May 20, 2011. 

(ii) Diamond Aircraft Industries GmbH 

Work Instruction WI–MSB–42–092, WI– 

MSB–42NG–22, dated May 20, 2011. 

(3) 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: http://www.diamond-air.at. 

(4) You may view this service information 

at FAA, 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/ 

index.html. 

Issued in Kansas City, Missouri, on August 

21, 2012. 

Earl Lawrence, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2012–21653 Filed 9–5–12; 8:45 am] 

BILLING CODE 4910–13–P 


TKELLEY on DSK3SPTVN1PROD with RULES