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AGENCY: Federal Aviation Administration
(FAA), DOT.
ACTION: Final rule.
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:
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.
DATES: This AD becomes effective March 30, 2010. The Director of
the Federal Register approved the incorporation by reference of certain
publications listed in this AD as of March 30, 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: Tara Chaidez, Aerospace Engineer,
Engine Certification Office, FAA, Engine and Propeller Directorate, 12
New England Executive Park, Burlington, MA 01803; e-mail: tara.chaidez@faa.gov;
telephone (781) 238-7773; 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 47759.
That NPRM proposed 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.
Comments
We gave the public the opportunity to participate in developing this AD.
We received no comments on the NPRM or on the determination of the cost
to the public.
Conclusion
We reviewed the available data and determined that air safety and the
public interest require adopting the AD as proposed.
Differences Between This AD and the MCAI or Service Information
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.''
Costs of Compliance
Based on the service information, we estimate that this AD will affect
about 250 products of U.S. registry. We also estimate that it will take
about one work-hour per product to comply with this AD. The average labor
rate is $80 per work-hour. Required parts will cost about $80 per product.
Based on these figures, we estimate the cost of the 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 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 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:
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