[Federal Register Volume 74, Number 227 (Friday, November 27, 2009)]
[Rules and Regulations]
[Pages 62213-62215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28166]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0753; Directorate Identifier 2009-NE-31-AD; 
Amendment 39-16102; AD 2009-24-10]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. 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:

    In-flight engine shutdown incidents were reported on aircraft 
equipped with TAE-125-01 engines. This was found to be mainly the 
result of operation over a long time period with broken piston 
cooling oil nozzles which caused thermal overload of the piston.

    We are issuing this AD to prevent engine in-flight shutdown, 
possibly resulting in reduced control of the aircraft.

[[Page 62214]]


DATES: This AD becomes effective January 4, 2010. The Director of the 
Federal Register approved the incorporation by reference of certain 
publications listed in this AD as of January 4, 2010.

ADDRESSES: The Docket Operations office is located at Docket Management 
Facility, U.S. Department of Transportation, 1200 New Jersey Avenue, 
SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-
0001.

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: 

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 September 17, 2009 
(74 FR 47760). That NPRM proposed to correct an unsafe condition for 
the specified products. The MCAI states that:

    In-flight engine shutdown incidents were reported on aircraft 
equipped with TAE-125-01 engines. This was found to be mainly the 
result of operation over a long time period with broken piston 
cooling oil nozzles which caused thermal overload of the piston.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received.

Request for Changes to Paragraph (e)(4)

    One commenter, Thielert Engine Owners Group, requests that we 
delete the requirement to remove the engine, and modify the proposed AD 
paragraph (e)(4) to state that if any evidence of a failed cooling 
nozzle is found, repair or replace the cooling nozzle before further 
flight.
    We partially agree. We do not agree that a broken cooling nozzle is 
repairable. We agree that the engine does not need to be replaced, and 
that a broken cooling nozzle must be replaced before further flight. We 
changed paragraph (e)(4) in the AD from ``If any evidence of a failed 
cooling nozzle is found, remove the engine from service before further 
flight'' to ``If any evidence of a failed cooling nozzle is found, 
replace the failed cooling nozzle before further flight.''

Request for Reference to the Thielert Repair Manual

    Two commenters, Thielert Engine Owners Group and Alpine Aviation, 
request that we modify proposed AD paragraph (e)(4) to state that if 
any evidence of a failed cooling nozzle is found, replace the cooling 
nozzle in accordance with Thielert Repair Manual, Document No. RM-02-
01, latest revision.
    We partially agree. We agree that failed cooling nozzles must be 
replaced. We do not agree that the Thielert Repair Manual must be 
referenced in the AD. Part 43 of the Federal Aviation Regulations (14 
CFR part 43) already requires that corrective actions specified in ADs 
be performed using the appropriate manuals and or service bulletins 
that were previously FAA-approved. We changed the AD to require 
replacing failed cooling nozzles.

Request To Leave in the Ferry Flight Permit Option Paragraph

    Alpine Aviation requests that we leave the ``standard'' paragraph 
in the AD regarding the option to ferry the aircraft to a location to 
where the AD can be accomplished.
    We do not agree. In July 2002, we published a new Part 39 that 
contains a general authority regarding special flight permits and 
airworthiness directives; see Docket No. FAA-2004-8460, Amendment 39-
9474 (69 FR 47998, July 22, 2002). Thus, when we now issue ADs, we will 
not include a specific paragraph on special flight permits unless we 
want to limit the use of that general authority granted in section 
39.23. We did not change the AD.

Conclusion

    We reviewed the available data, including the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the changes described previously. We determined that these 
changes will not increase the economic burden on any operator or 
increase the scope of the AD.

Costs of Compliance

    Based on the service information, we estimate that this AD will 
affect about 250 engines of U.S. registry. We also estimate that it 
will take about 2 work-hours per engine to comply with this AD. The 
average labor rate is $80 per work-hour. Required parts will cost about 
$30 per engine. Based on these figures, we estimate the cost of the AD 
on U.S. operators to be $47,500.

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); 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 AD and placed it in the AD docket.

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 AD, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Operations office (telephone (800) 647-5527) is provided in 
the ADDRESSES section. Comments will be available in the AD docket 
shortly after receipt.

[[Page 62215]]

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2009-24-10 Thielert Aircraft Engines GmbH: Amendment 39-16102. 
Docket No. FAA-2009-0753; Directorate Identifier 2009-NE-31-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective January 
4, 2010.

Affected Airworthiness Directives (ADs)

    (b) None.

Applicability

    (c) This AD applies to Thielert Aircraft Engines GmbH (TAE) 
model TAE 125-01 reciprocating engines, excluding engines that have 
been modified to TAE Design Modification No. 2007-001. 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:
    In-flight engine shutdown incidents were reported on aircraft 
equipped with TAE-125-01 engines. This was found to be mainly the 
result of operation over a long time period with broken piston 
cooling oil nozzles which caused thermal overload of the piston.
    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) Within the next 110 flight hours, or during the next 
scheduled maintenance, whichever occurs first after the effective 
date of this AD, inspect the engine and engine oil for any evidence 
or pieces of broken piston cooling nozzles.
    (2) Use the inspection instructions in Thielert Service Bulletin 
No. TM TAE 125-0017, Revision 2, dated February 22, 2008, to perform 
the inspection.
    (3) Thereafter, repetitively inspect the engine and engine oil 
for any evidence or pieces of broken piston cooling nozzles, within 
every additional 100 flight hours.
    (4) If any evidence of a failed cooling nozzle is found, replace 
the failed cooling nozzle before further flight.

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 European Aviation Safety Agency AD 2008-0016 R1, 
dated February 22, 2008, and 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 related 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.

Material Incorporated by Reference

    (i) You must use Thielert Service Bulletin No. TM TAE 125-0017, 
Revision 2, dated February 22, 2008 to do the actions required by 
this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, 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.
    (3) You may review copies at the FAA, New England Region, 12 New 
England Executive Park, Burlington, MA; or 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 Burlington, Massachusetts, on November 18, 2009.
Peter A. White,
Assistant Manager, Engine and Propeller Directorate, Aircraft 
Certification Service.
[FR Doc. E9-28166 Filed 11-25-09; 8:45 am]
BILLING CODE 4910-13-P