[Federal Register Volume 74, Number 179 (Thursday, September 17, 2009)]
[Proposed Rules]
[Pages 47759-47760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22313]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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  Federal Register / Vol. 74, No. 179 / Thursday, September 17, 2009 / 
Proposed Rules  

[[Page 47759]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0747; Directorate Identifier 2009-NE-28-AD]
RIN 2120-AA64


Airworthiness Directives; Thielert Aircraft Engines GmbH (TAE) 
Model TAE 125-01 Reciprocating Engines

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:

    An in-flight engine shutdown incident was reported on an 
aircraft equipped with a TAE 125-01 engine. This was found to be 
mainly the result of a blockage of the scavenge oil gear pump due to 
a broken axial bearing of the turbocharger. The broken parts were 
sucked into the oil pump and caused seizure. With the pump 
inoperative, the separator overfilled, causing the engine oil to 
escape via the breather vent line. This caused a loss of oil that 
resulted in the engine overheating and subsequent shutdown.

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 October 19, 
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.
    Contact Thielert Aircraft Engines GmbH, Platanenstrasse 14 D-09350, 
Lichtenstein, Germany, telephone: +49-37204-696-0; fax: +49-37204-696-
55; e-mail: engines.com">info@centurion-engines.com, for the service information 
identified in this proposed AD.

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: 
[email protected]; 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-2009-0747; 
Directorate Identifier 2009-NE-28-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 2007-0232, dated August 23, 2007 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    An in-flight engine shutdown incident was reported on an 
aircraft equipped with a TAE 125-01 engine. This was found to be 
mainly the result of a blockage of the scavenge oil gear pump due to 
a broken axial bearing of the turbocharger. The broken parts were 
sucked into the oil pump and caused seizure. With the pump 
inoperative, the separator overfilled, causing the engine oil to 
escape via the breather vent line. This caused a loss of oil that 
resulted in the engine overheating and subsequent shutdown.

You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Thielert has issued Service Bulletin No. TM TAE 125-0016, Revision 
1, dated June 15, 2007. The actions described in this service 
information are intended to correct the unsafe condition identified in 
the MCAI.

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 change the compliance from 
``within the next 50 flight hours after the effective date of this 
directive, but not later than 31 October 2007, whichever occurs 
first'', to ``within the next 50 flight hours after the effective date 
of this AD.''

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

[[Page 47760]]

States. Pursuant to our bilateral agreement with Germany, EASA has 
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 provided by EASA and determined the unsafe 
condition exists and is likely to exist or develop on other products of 
the same type design. This proposed AD would require the modification 
of the engine oil system by installing a filter adaptor to the catch 
tank.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 250 products of U.S. registry. We also estimate that 
it would take about one work-hour per product to comply with this 
proposed AD. The average labor rate is $80 per work-hour. Required 
parts would cost about $80 per product. Based on these figures, we 
estimate the cost of the proposed AD on U.S. operators to be $40,000.

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, 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.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Thielert Aircraft Engines GmbH: Docket No. FAA-2009-0747; 
Directorate Identifier 2009-NE-28-AD.

Comments Due Date

    (a) We must receive comments by October 19, 2009.

Affected Airworthiness Directives (ADs)

    (b) None.

Applicability

    (c) This AD applies to Thielert Aircraft Engines GmbH (TAE) 
model TAE 125-01 reciprocating engines, all serial numbers (SN) up 
to-and-including SN 02-01-1018. These engines are installed in, but 
not limited to, Diamond Aircraft Industries Model DA42, Piper PA-28-
61 (Supplemental Type Certificate (STC) No. SA03303AT), Cessna 172F, 
172G, 172H, 172I, 172K, 172L, 172M, 172N, 172P, 172R, 172S, F172F, 
F172G, F172H, F172K, F172L, F172M, F172N, and F172P (STC No. 
SA01303WI) airplanes.

Reason

    (d) 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:

    An in-flight engine shutdown incident was reported on an 
aircraft equipped with a TAE 125-01 engine. This was found to be 
mainly the result of a blockage of the scavenge oil gear pump due to 
a broken axial bearing of the turbocharger. The broken parts were 
sucked into the oil pump and caused seizure. With the pump 
inoperative, the separator overfilled, causing the engine oil to 
escape via the breather vent line. This caused a loss of oil that 
resulted in the engine overheating and subsequent shutdown.

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 within the 
next 50 flight hours after the effective date of this AD:
    (1) Modify the engine oil system by installing a filter adaptor 
to the catch tank.
    (2) Use the installation instructions in Thielert Service 
Bulletin No. TM TAE 125-0016, Revision 1, dated June 15, 2007, to 
install the filter adaptor.

FAA AD Differences

    (f) This AD differs from the Mandatory Continuing Airworthiness 
Information (MCAI) as follows:
    (1) The MCAI compliance time states ``within the next 50 flight 
hours after the effective date of this directive, but not later than 
31 October 2007, whichever occurs first''.
    (2) This AD compliance time states ``within the next 50 flight 
hours after the effective date of this AD.''

Related Information

    (g) Refer to European Aviation Safety Agency AD 2007-0232, dated 
August 23, 2007, for related information. Contact Thielert Aircraft 
Engines GmbH, Platanenstrasse 14 D-09350, Lichtenstein, Germany, 
telephone: +49-37204-696-0; fax: +49-37204-696-55; e-mail: 
engines.com">info@centurion-engines.com, for a copy of this service information.
    (h) Contact Jason Yang, Aerospace Engineer, Engine Certification 
Office, FAA, Engine and Propeller Directorate, 12 New England 
Executive Park, Burlington, MA 01803; e-mail: [email protected]; 
telephone (781) 238-7747; fax (781) 238-7199, for more information 
about this AD.

    Issued in Burlington, Massachusetts, on September 10, 2009.
Peter A. White,
Assistant Manager, Engine and Propeller Directorate, Aircraft 
Certification Service.
[FR Doc. E9-22313 Filed 9-16-09; 8:45 am]
BILLING CODE 4910-13-P