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AGENCY: Federal Aviation Administration
(FAA), Department of Transportation (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:
Due to high fuel pressure, caused by exceeding pressure in front of the
mechanical fuel pump (e.g. due to an electrical fuel pump), in limited
cases a deviation in the fuel supply could occur. This can result in exceeding
of the fuel pressure and might cause engine malfunction and/or massive
fuel leakage.
We are issuing this AD to prevent the pump from causing excessive fuel
pressure, which could result in engine malfunction or a massive fuel leak.
These conditions could cause loss of control of the airplane or a fire.
We are issuing this AD to require actions to correct the unsafe condition
on these products.
DATES: This AD becomes effective September 22, 2010.
On September 22, 2010, the Director of the Federal Register approved the
incorporation by reference of certain publications listed in this AD.
ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov or in person at Document Management Facility, U.S.
Department of Transportation, Docket Operations, M-30, West Building Ground
Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Sarjapur Nagarajan, Aerospace
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas
City, Missouri 64106; telephone: (816) 329-4145; fax: (816) 329-4090;
e-mail: sarjapur.nagarajan@faa.gov.
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 June 8, 2010 (75 FR 32315). That
NPRM proposed to correct an unsafe condition for the specified products.
The MCAI states:
Due to high fuel pressure, caused by exceeding pressure in front of the
mechanical fuel pump (e.g. due to an electrical fuel pump), in limited
cases a deviation in the fuel supply could occur. This can result in exceeding
of the fuel pressure and might cause engine malfunction and/or massive
fuel leakage.
Non-compliance with these instructions could result in engine damages,
personal injuries or death.
The MCAI requires replacing the affected fuel pumps with a different part
number fuel pump.
The MCAI applies to all versions of Bombardier-Rotax GmbH 912 A, 912 F,
and 912 S series engines. Versions of the 912 F series and 912 S series
engines are type certificated in the United States. However, the Model
912 A series engine installed in various aircraft does not have an engine
type certificate; instead, the engine is part of the aircraft type design.
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 related service information and, in general,
agree with their substance. But we might have found it necessary to use
different words from those in the MCAI to ensure the AD is clear for U.S.
operators and is enforceable. In making these changes, we do not intend
to differ substantively from the information provided in the MCAI and
related service information.
We might also have required different actions in this AD from those in
the MCAI in order to follow FAA policies. Any such differences are highlighted
in a NOTE within the AD.
Costs of Compliance
We estimate that this AD will affect 60 products of U.S. registry. We
also estimate that it will take about .5 work-hour per product to comply
with the basic requirements of this AD. The average labor rate is $85
per work-hour. Required parts will cost about $650 per product.
Based on these figures, we estimate the cost of this AD to the U.S. operators
to be $41,550 or $692.50 per product.
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 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 Management Facility between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
the NPRM, the regulatory evaluation, any comments received, and other
information. The street address for the Docket Office (telephone (800)
647-5527) is 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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