[Federal Register: April 17, 2009 (Volume 74, Number 73)]
[Proposed Rules]
[Page 17795-17797]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17ap09-11]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0201; Directorate Identifier 2008-NE-47-AD]
RIN 2120-AA64
Airworthiness Directives; Thielert Aircraft Engines GmbH (TAE)
Models TAE 125-01 and TAE 125-02-99 Reciprocating Engines Installed in,
but not Limited to, Diamond Aircraft Industries Model DA42 Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed 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:
In-flight shutdown incidents have been reported on Diamond
Aircraft Industries DA42 aircraft equipped with TAE 125 engines.
Preliminary investigations showed that it was mainly the result of
failure of the propeller control valve. This condition, if not
corrected, could lead to further cases of engine in-flight shutdown,
possibly resulting in reduced control of the aircraft.
We are proposing this AD to prevent engine in-flight shutdown, possibly
resulting in reduced control of the aircraft.
DATES: We must receive comments on this proposed AD by May 18, 2009.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://
www.regulations.gov and follow the instructions for sending your
comments electronically.
Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Fax: (202) 493-2251.
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 proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone (800) 647-5527) is
the same as the Mail address provided in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Jason Yang, Aerospace Engineer, Engine
Certification Office, FAA, Engine and Propeller Directorate, 12 New
England Executive Park, Burlington, MA 01803; e-mail:
jason.yang@faa.gov; telephone (781) 238-7747; fax (781) 238-7199.
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-2009-0201;
Directorate Identifier 2008-NE-47-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 based on 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
with FAA personnel concerning this proposed AD. Using the search
function of the Web site, anyone can find and read the comments in any
of our dockets, including, if provided, the name of the individual who
sent the comment (or signed the comment on behalf of an association,
business, labor union, etc.). You may review the DOT's complete Privacy
Act Statement in the Federal Register published on April 11, 2000 (65
FR 19477-78).
Discussion
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2008-0145, dated August 1, 2008 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products.] The MCAI states:
In-flight shutdown incidents have been reported on Diamond
Aircraft Industries DA42 aircraft equipped with TAE 125 engines.
Preliminary investigations showed
[[Page 17796]]
that it was mainly the result of failure of the propeller control
valve. This condition, if not corrected, could lead to further cases
of engine in-flight shutdown, possibly resulting in reduced control
of the aircraft.
You may obtain further information by examining the MCAI in the AD
docket.
Differences Between This Proposed AD and the MCAI
We have reviewed the MCAI and, in general, agree with its
substance. But we have found it necessary to not reference the last
sentence of the unsafe condition from the MCAI. That sentence stated
that the problem has only manifested itself on those Thielert engines
installed on Diamond Aircraft Industries DA-42 aircraft. The affected
engines, which require a propeller control valve, could be used on
other make and model airplanes in the future.
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of Germany
and is approved for operation in the United States. Pursuant to our
bilateral agreement with Germany, EASA has notified us of the unsafe
condition described in the MCAI. We are proposing this AD because we
evaluated all information provided by EASA and determined the unsafe
condition exists and is likely to exist or develop on other products of
the same type design.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 300 TAE 125-01 and TAE 125-02-99 reciprocating
engines installed in Diamond Aircraft Industries Model DA42 airplanes
of U.S. registry. We also estimate that it would take about 0.2 work-
hour per engine to comply with this proposed AD. The average labor rate
is $80 per work-hour. Required parts would cost about $275 per product.
Based on these figures, we estimate the cost of the proposed AD on U.S.
operators for one replacement of the propeller control valve, to be
$87,300.
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); and
3. 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, 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.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by adding the following new AD:
Thielert Aircraft Engines GmbH: Docket No. FAA-2009-0201;
Directorate Identifier 2008-NE-47-AD.
Comments Due Date
(a) We must receive comments by May 18, 2009.
Affected Airworthiness Directives (ADs)
(b) None.
Applicability
(c) This AD applies to Thielert Aircraft Engines GmbH (TAE)
models TAE 125-01 and TAE 125-02-99 reciprocating engines installed
in, but not limited to, Diamond Aircraft Industries Model DA42
airplanes.
Reason
(d) In-flight shutdown incidents have been reported on Diamond
Aircraft Industries DA42 aircraft equipped with TAE 125 engines.
Preliminary investigations showed that it was mainly the result of
failure of the propeller control valve. This condition, if not
corrected, could lead to further cases of engine in-flight shutdown,
possibly resulting in reduced control of the aircraft.
We are issuing this AD to prevent engine in-flight shutdown,
possibly resulting in reduced control of the aircraft.
Actions and Compliance
(e) Unless already done, do the following actions.
(1) If the engine is installed with propeller control valve,
part number (P/N) NM-0000-0124501, replace the propeller control
valve no later than the following times:
Table 1--Compliance Times
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If the gearbox accumulated time-since-
new on the effective date of this AD Then:
is:
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(i) 400 or more flight hours (FH)...... Replace within 55 FH or during
the next scheduled
maintenance, whichever occurs
first, after the effective
date of this AD.
(ii) Fewer than 400 FH................. Initially replace upon
accumulating 300 FH (first
scheduled maintenance), or
within 110 FH, whichever
occurs later, after the
effective date of this AD.
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[[Page 17797]]
Repetitive Replacements
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(iii) After completing (i) or (ii) Replace the propeller control
above. valve at intervals not to
exceed 300 FH.
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(2) If the engine is not installed with propeller control valve,
P/N NM-0000-0124501, no action is required.
Alternative Methods of Compliance (AMOCs)
(f) The Manager, Engine Certification Office, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19.
Related Information
(g) Refer to MCAI EASA Airworthiness Directive 2008-0145, dated
August 1, 2008.
(h) Refer to Thielert Service Bulletin TM TAE 125-0018, dated
June 19, 2008 (TAE 125-01), and Thielert Service Bulletin TM TAE
125-1007 P1, dated July 11, 2008 (TAE 125-02-99) for related
information.
(i) Contact Thielert Aircraft Engines GmbH, Platanenstrasse 14
D-09350, Lichtenstein, Germany, telephone: +49-37204-696-0; fax:
+49-37204-696-55; e-mail: info@centurion-engines.com, for a copy of
this service information.
(j) Contact Jason Yang, Aerospace Engineer, Engine Certification
Office, FAA, Engine and Propeller Directorate, 12 New England
Executive Park, Burlington, MA 01803; e-mail: jason.yang@faa.gov;
telephone (781) 238-7747; fax (781) 238-7199, for more information
about this AD.
Issued in Burlington, Massachusetts, on April 13, 2009.
Peter A. White,
Assistant Manager, Engine and Propeller Directorate, Aircraft
Certification Service.
[FR Doc. E9-8785 Filed 4-16-09; 8:45 am]
BILLING CODE 4910-13-P