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PROPOSED AD ONTIC ENGINEERING AND MANUFACTURING, INC.: Docket No. FAA-2010-0102; Directorate Identifier 2010-NE-09-AD.
COMMENTS DUE DATE

(a) The  Federal Aviation  Administration (FAA)  must receive  comments on
    this airworthiness directive (AD) action by May 14, 2010.

AFFECTED ADS

(b) None.

APPLICABILITY

(c) This AD applies to Ontic Engineering and Manufacturing, Inc. propeller
    governors, part numbers (P/Ns) C210776, T210761, D210760, and J210761,
    as listed by serial number on  pages 3 and 4 of Ontic  Engineering and
    Manufacturing, Inc. Mandatory  Service Bulletin (MSB)  No. SB-DES-353,
    Revision A, dated December 16, 2009.

(d) These propeller governors are installed on, but not  limited to, Amer-
    ican Champion Aircraft Corporation Model 7GCAA (governor P/N T210761),
    Diamond Aircraft Industries, Inc. Model DA-40 (governor P/ N C210776),
    Hawker  Beechcraft Model  A36 (governor  P/N D210760),  and  Industria
    Aeronautica  Neiva  S/A  (subsidiary  of  Embraer)  model  EMB-   202A
    (governor P/N J210761) airplanes.

UNSAFE CONDITION

(e) This AD results from three reports received of failed propeller gover-
    nors.  We are  issuing this  AD to  prevent loss  of  propeller  pitch
    control, damage to the propeller governor, and internal damage to  the
    engine, which could prevent continued safe flight or safe landing.

COMPLIANCE

(f) You  are responsible  for  having the  actions  required  by  this  AD
    performed within 100 flight hours after the effective date of this AD,
    unless the actions have already been done.

(g) Remove affected propeller governors from service.

(h) After the effective date of this AD, do not install an  affected prop-
    eller governor unless it has been inspected, repaired, and permanently
    marked with "SB-DES-353 Rev.  A Date * *  *." near the data  plate, by
    Ontic Engineering and Manufacturing, Inc.

ALTERNATIVE METHODS OF COMPLIANCE

(i) The Manager, Los Angeles  Aircraft Certification Office, has the auth-
    ority to  approve alternative  methods of  compliance for  this AD  if
    requested using the procedures found in 14 CFR 39.19.

RELATED INFORMATION

(j) Contact Roger Pesuit, Aerospace Engineer, Los Angeles Aircraft Certif-
    ication Office,  FAA, Transport  Airplane Directorate,  3960 Paramount
    Blvd.,  Lakewood,  CA 90712;  e-mail:  roger.pesuit@faa.gov; telephone
    (562) 627-5251, fax  (562) 627-5210, for  more information about  this
    AD.

(k) Ontic Engineering and Manufacturing, Inc. MSB No. SB-DES-353, Revision
    A,  dated December  16, 2009,  pertains to  the  subject  of this  AD.
    Contact  Ontic  Engineering  and  Manufacturing,  Inc.,  20400 Plummer
    Street, Chatsworth, CA 91311, e-mail: Bill.nolan@ontic.com;  telephone
    (818) 725-2323; fax  (818) 725-2535; or  e-mail: Susan.hunt@ontic.com;
    telephone  (818)  725-2121;  fax  (818) 725-2535,  or  on  the  Web at
    http://www.ontic.com/pdf/SB-DES-353_Rev_A.pdf  for  a  copy  of   this
    service information.

Issued in  Burlington, Massachusetts,  on March  5, 2010.  Peter A. White,
Assistant Manager, Engine and Propeller  Directorate, Aircraft Certificat-
ion Service.

DATES: We must receive any comments on this proposed AD by May 14, 2010.
PREAMBLE 
DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

14 CFR Part 39

[Docket No. FAA-2010-0102; Directorate Identifier 2010-NE-09-AD] RIN  2120
-AA64

AIRWORTHINESS DIRECTIVES; Ontic Engineering and  Manufacturing, Inc. Prop-
eller Governors, Part Numbers C210776, T210761, D210760, and J210761

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

--------------------------------------------------------------------------

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)  for
certain serial numbers (S/Ns) of Ontic Engineering and Manufacturing, Inc.
propeller governors,  part numbers  (P/Ns) C210776,  T210761, D210760, and
J210761. This proposed AD would require removal of the affected  propeller
governors  from  service.  This proposed  AD  results  from three  reports
received  of  failed propeller  governors.  We are  proposing  this AD  to
prevent loss of propeller pitch control, damage to the propeller governor,
and internal  damage to  the engine,  which could  prevent continued  safe
flight or safe landing.

DATES: We must receive any comments on this proposed AD by May 14, 2010.

ADDRESSES: Use one of the following addresses to comment on this  proposed
AD.

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 Ontic  Engineering and  Manufacturing, Inc.,  20400 Plummer Sreet,
Chatsworth, CA  91311, e-mail:  Bill.nolan@ontic.com; telephone  (818) 725
-2323;  fax  (818) 725-2535;  or  e-mail: Susan.hunt@ontic.com;  telephone
(818)   725-2121;    fax   (818)    725-2535,   or    on   the    Web   at
http://www.ontic.com/pdf/SB-DES-353_Rev_A.pdf for  a copy  of the  service
information identified in this proposed AD.

FOR FURTHER INFORMATION CONTACT: Roger  Pesuit,  Aerospace  Engineer,  Los
Angeles   Aircraft   Certification   Office,   FAA,   Transport   Airplane
Directorate,   3960   Paramount  Blvd.,   Lakewood,   CA  90712;   e-mail:
roger.pesuit@faa.gov; telephone (562) 627-5251, fax (562) 627-5210.

SUPPLEMENTARY INFORMATION:

COMMENTS INVITED

We invite you to  send us any written  relevant data, views, or  arguments
regarding this  proposal. Send  your comments  to an  address listed under
ADDRESSES. Include "Docket No. FAA-2010-0102; Directorate Identifier  2010
-NE-09-AD" in the  subject line of  your comments. We  specifically invite
comments on  the overall  regulatory, economic,  environmental, and energy
aspects of the proposed AD. We will consider all comments received by  the
closing date and may amend the proposed AD in light of 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).

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.

DISCUSSION

We  received   three  reports   of  failure   of  Ontic   Engineering  and
Manufacturing,  Inc. propeller  governors. One  of the  reports  was  of a
Diamond DA-40 airplane losing  propeller pitch control during  flight. The
propeller governor controls propeller pitch by regulating oil pressure  to
the propeller pitch change mechanism. Changes in governor oil pressure are
made by small changes in axial displacement of the governor's pilot  valve
plunger assembly. A fly weight  governor opposes a compressed spring  that
rides on a collar which forms a part of the pilot valve plunger  assembly.
Investigation revealed that the set screw securing the collar to the pilot
valve plunger assembly shaft may not  be installed properly on a batch  of
parts permitting the pilot valve plunger to float on the shaft. The  pilot
valve  shaft plunger  and captive  thrust bearing  are then  free to  move
axially along the pilot valve shaft. When the pilot valve is unconstrained
in the axial direction, the propeller governor cannot control oil pressure
to  the propeller  pitch control  mechanism. This  results  in  a loss  of
propeller  pitch  control.  Further,  concurrent  thrust  bearing  failure
permits bearing debris  to flow with  the oil into  the engine lubrication
system. The engine  in the incident  airplane was internally  damaged as a
result of a  propeller governor bearing  ball becoming lodged  between the
valve lifter  and engine  case. This  condition, if  not corrected,  could
result  in  loss  of  propeller pitch  control,  damage  to  the propeller
governor, and internal damage to the engine, which could prevent continued
safe flight or safe landing.

RELEVANT SERVICE INFORMATION

We have reviewed and approved the technical contents of Ontic  Engineering
and Manufacturing, Inc. Mandatory  Service Bulletin (MSB) No.  SB-DES-353,
Revision A, dated December 16, 2009. That MSB lists the affected propeller
governors by P/N and S/N,  and describes procedures for returning  them to
the manufacturer for repair.

FAA'S DETERMINATION AND REQUIREMENTS OF THE PROPOSED AD

We  have  evaluated all  pertinent  information and  identified  an unsafe
condition that is  likely to exist  or develop on  other products of  this
same type design. We are proposing this AD, which would require removal of
affected propeller governors from  service. The proposed AD  would require
you to use  the service information  described previously to  identify the
affected S/Ns of propeller governors.

COSTS OF COMPLIANCE

We estimate  that this  proposed AD  would affect  45 propeller  governors
installed on airplanes  of U.S. registry.  We also estimate  that it would
take about four work-hours per  airplane to perform the proposed  actions,
and that  the average  labor rate  is $85  per work-hour.  Required repair
parts  would  cost  about  $842 per  propeller  governor.  Based  on these
figures, we estimate the total cost  of the proposed AD to U.S.  operators
to  be  $83,790.  Our  cost estimate  is  exclusive  of  possible warranty
coverage.

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  have  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 that the proposed AD:

1. Is not a "significant regulatory action" under Executive Order 12866;

2. Is not a "significant rule" under the DOT Regulatory  Policies and Pro-
   cedures (44 FR 11034, February 26, 1979); and

3. Would 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. You may get a copy of this summary at the address listed
under ADDRESSES.

LIST OF SUBJECTS IN 14 CFR PART 39

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

THE PROPOSED AMENDMENT

Under the  authority delegated  to me  by the  Administrator, the  Federal
Aviation Administration 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 airworthiness
   directive: