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AGENCY: Federal Aviation Administration
(FAA), DOT.
ACTION: Final rule; request for comments.
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 shutdown incidents have been reported on airplanes equipped
with TAE 125 engines. Preliminary investigations showed that it was mainly
the result of nonconforming disc springs (improper heat treatment) used
in a certain production batch of the clutch.
We are issuing this AD to prevent engine in-flight shutdown leading to
loss of control of the airplane.
DATES: This AD becomes effective September 9, 2010.
We must receive comments on this AD by September 24, 2010.
The Director of the Federal Register approved the incorporation by reference
of Thielert Aircraft Engines GmbH Service Bulletin (SB) No. TM TAE 125-0021,
dated June 9, 2010, and SB No. TM TAE 125-1011 P1, dated June 9, 2010,
listed in the AD as of September 9, 2010.
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: 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.
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 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: Alan Strom, Aerospace Engineer,
Engine Certification Office, FAA, Engine & Propeller Directorate, 12 New
England Executive Park, Burlington, MA 01803; e-mail: alan.strom@faa.gov;
telephone (781) 238-7143; fax (781) 238-7199.
SUPPLEMENTARY INFORMATION:
Discussion
The European Aviation Safety Agency (EASA), which is the Technical Agent
for the Member States of the European Community, has issued EASA AD 2010-0111-E,
dated June 10, 2010 (corrected June 11, 2010) (referred to after this
as "the MCAI''), to correct an unsafe condition for the specified products.
The MCAI states:
In-flight shutdown incidents have been reported on airplanes equipped
with TAE 125 engines. Preliminary investigations showed that it was mainly
the result of nonconforming disc springs (improper heat treatment) used
in a certain production batch of the clutch.
You may obtain further information by examining the MCAI in the AD docket.
Relevant Service Information
TAE has issued SB No. TM TAE 125-0021, dated June 9, 2010, and SB No.
TM TAE 125-1011 P1, dated June 9, 2010. The actions described in these
SBs are intended to correct the unsafe condition identified in the MCAI.
FAA's Determination and Requirements of This AD
This product has been approved by the aviation authority of Germany, and
is approved for operation in the United States. Pursuant to our bilateral
agreement with Germany, they have notified us of the unsafe condition
described in the MCAI and service information referenced above. We are
issuing 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 AD requires replacement
of affected clutch assemblies.
Differences Between the 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 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.
FAA's Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of this
AD. The FAA has found that the risk to the flying public justifies waiving
notice and comment prior to adoption of this rule because of the need
for operators to comply with some of the AD actions before further flight.
Therefore, we determined that notice and opportunity for public comment
before issuing this AD are impracticable and that good cause exists for
making this amendment effective in fewer than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight safety,
and we did not precede it by notice and opportunity for public comment.
We invite you to send any written relevant data, views, or arguments about
this AD. Send your comments to an address listed under the ADDRESSES section.
Include "Docket No. FAA-2010-0683; Directorate Identifier 2010-NE-25-AD''
at the beginning of your comments. We specifically invite comments on
the overall regulatory, economic, environmental, and energy aspects of
this AD. We will consider all comments received by the closing date and
may amend this AD because 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 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).
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.
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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