57104 Federal Register / Vol. 78, No. 180 / Tuesday, September 17, 2013 / Proposed Rules 

Dated: September 11, 2013. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2013–22571 Filed 9–16–13; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0812; Directorate 

Identifier 2013–CE–023–AD] 

RIN 2120–AA64 

Airworthiness Directives; Diamond 

Aircraft Industries 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 Model DA 

40 and DA 40 F 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 fatigue strength 

found in the aft main spar does not 

ensure unlimited lifetime structural 

integrity. 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 November 1, 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 

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–2013–0812; Directorate Identifier 

2013–CE–023–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 EASA AD No.: 

2013–0145, dated July 15, 2013 (referred 

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

an unsafe condition for the specified 

products. The MCAI states: 

Structural fatigue testing of the DA 40 

aeroplane carried out for an extension of the 

Major Structural Inspection (MSI) interval 

has shown that the fatigue strength of the aft 

main spar in the cabin area does not ensure 

unlimited lifetime. 

This condition, if not corrected, could 

adversely affect the structural integrity of the 

aeroplane. 

Diamond Aircraft Industries (DAI) issued 

Mandatory Service Bulletin (MSB) 40–074/

MSB D4–094/MSB F4–028, including Work 

Instruction (WI) WI–MSB 40–074/WI–MSB 

D4–094/WI–MSB F4–028 (published as a 

single document), providing instructions to 

reinforce the aft main spar in the cabin area. 

For the reasons described above, this AD 

requires modification of the aft main spar in 

the cabin area. 

Note: Aeroplanes with modified aft main 

spar are eligible for an increased MSI 

threshold of 6000 flight hours (FH) since first 

flight of the aeroplane and increased MSI 

intervals not to exceed 4000 FH thereafter. 

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 

MSB 40–074, MSB D4–094, and MSB 

F4–028 (co-published as a single 

document), dated May 10, 2013; and 

Diamond Aircraft Industries GmbH 

Work Instructions WI–MSB 40–074, 

WI–MSB D4–094, and WI–MSB F4–028, 

(co-published as a single document), 

dated May 10, 2013. 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 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 747 products of U.S. registry. 

We also estimate that it would take 

about 6 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $85 per work-hour. Required 

parts would cost about $100 per 

product. 

Based on these figures, we estimate 

the cost of the proposed AD on U.S. 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 180 / Tuesday, September 17, 2013 / Proposed Rules 57105 

operators to be $455,670, or $610 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 proposed 

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: Docket No. 

FAA–2013–0812; Directorate Identifier 

2013–CE–023–AD. 

(a) Comments Due Date 

We must receive comments by November 

1, 2013. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Diamond Aircraft 

Industries Model DA 40 airplanes, serial 

numbers 40.006 through 40.009, 40.011 

through 40.1071, and 40.1073 through 

40.1077; and Model DA 40 F airplanes, serial 

numbers 40.FC001 through 40.FC029; 

certificated in any category. 

(d) Subject 

Air Transport Association of America 

(ATA) Code 57: Wings. 

(e) Reason 

This AD was prompted 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 fatigue 

strength found in the aft main spar does not 

ensure unlimited lifetime structural integrity. 

We are issuing this proposed AD to modify 

the aft main spar in the cabin area to ensure 

the structural integrity of the airplane. 

(f) Actions and Compliance 

Unless already done, at or before the next 

Major Structural Inspection (MSI) after the 

effective date of this AD or within the next 

114 months after the effective date of this 

AD, whichever occurs first, modify the aft 

main spar in the cabin area following the 

INSTRUCTIONS section of Diamond Aircraft 

Industries GmbH Work Instructions WI–MSB 

40–074, WI–MSB D4–094, and WI–MSB F4– 

028 (co-published as a single document), 

dated May 10, 2013, as specified in Diamond 

Aircraft Industries GmbH Mandatory Service 

Bulletins (MSB) 40–074, D4–094, and F4–028 

(co-published as a single document), dated 

May 10, 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), which is the Technical 

Agent for the Member States of the European 

Community, EASA AD No.: 2013–0145, 

dated July 15, 2013, for more information. 

You may examine the AD on the Internet at 

http://www.regulations.gov by searching and 

locating it in Docket No. FAA–2013–0812. 

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 

September 11, 2013. 

Earl Lawrence, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2013–22570 Filed 9–16–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 73 

[Docket No. FDA–2013–C–1008] 

Wm. Wrigley Jr. Company; Filing of 

Color Additive Petition 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Notice of petition. 

SUMMARY: The Food and Drug 

Administration (FDA or we) is 

announcing that we have filed a 

petition, submitted by the Wm. Wrigley 

Jr. Company, proposing that the color 

additive regulations be amended to 

expand the use of synthetic iron oxide 

to include soft and hard candy, mints, 

and chewing gum. The petition also 

proposes to lower the specification limit 


tkelley on DSK3SPTVN1PROD with PROPOSALS