7996 Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Proposed Rules 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0201; Directorate 

Identifier 2008–NE–47–AD] 

RIN 2120–AA64 

Airworthiness Directives; Thielert 

Aircraft Engines GmbH (TAE) Models 

TAE 125–01 and TAE 125–02–99 

Reciprocating Engines Installed in, But 

Not Limited to, Diamond Aircraft 

Industries Model DA 42 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Supplemental Notice of 

proposed rulemaking (NPRM); 

reopening of comment period. 

SUMMARY: This supplemental NPRM 

revises an earlier proposed 

airworthiness directive (AD) for the 

products listed above. This proposed 

AD results from additional 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: Engine in-flight 

shutdown incidents have been reported 

on Diamond Aircraft Industries DA 42 

airplanes equipped with TAE 125 

engines. The investigations showed that 

it was mainly the result of failure of the 

Proportional Pressure Reducing Valve 

(PPRV) (also known as Propeller Control 

Valve) due to high vibrations. This 

condition, if not corrected, could lead to 

further cases of engine in-flight 

shutdown, possibly resulting in reduced 

control of the aircraft. Since the release 

of European Aviation Safety Agency 

(EASA) AD 2008–0145, the engine 

gearbox has been identified as the 

primary source of vibrations for the 

PPRV, and it has also been determined 

that failure of the electrical connection 

to the PPRV could have contributed to 

some power loss events or in-flight 

shutdowns. We are proposing this AD to 

prevent engine in-flight shutdown, 

possibly resulting in reduced control of 

the aircraft. 

DATES: We must receive comments on 

this proposed AD by March 25, 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: 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. 

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. 

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: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2009–0201; Directorate Identifier 

2008–NE–47–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD based on 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). 

Discussion 

EASA, which is the Technical Agent 

for the Member States of the European 

Community, has issued AD 2009–0224, 

dated October 20, 2009, AD 2009–0193, 

dated August 27, 2009, and AD 2009– 

0193R1, dated December 1, 2009 

(referred to after this as ‘‘the MCAIs’’), to 

correct an unsafe condition for the 

specified products. These MCAIs state: 

Engine in-flight shutdown incidents have 

been reported on Diamond Aircraft Industries 

DA 42 airplanes equipped with TAE 125 

engines. The investigations showed that it 

was mainly the result of failure of the PPRV 

due to high vibrations. This condition, if not 

corrected, could lead to further cases of 

engine in-flight shutdown, possibly resulting 

in reduced control of the aircraft. 

Since the release of EASA AD 2008–0145, 

the engine gearbox has been identified as the 

primary source of vibrations for the PPRV, 

and it has also been determined that failure 

of the electrical connection to the PPRV 

could have contributed to some power loss 

events or in-flight shutdowns. 

Since we issued the original proposed 

AD on April 13, 2009 (74 FR 17795, 

April 17, 2009): 

• TAE has identified the gearbox as 

the primary source of vibrations causing 

the failures of the propeller control 

valves. 

• EASA revised AD 2008–0145 with 

AD 2008–0145R1, which reduced the 

applicability to cover only TAE 125–01 

engines, superseded AD 2008–0145R1 

with AD 2009–0193, and revised that 

AD with AD 2009–0193R1. AD 2009– 

0193R1 requires, for TAE 125–01 

engines, initial and repetitive 

replacements of the PPRV, inspection of 

the electrical connectors of the PPRV 

and replacement of the connectors if 

damaged, installation of a vibration 

isolator between the engine gearbox and 

the propeller’s constant speed unit, 

replacement of the aluminum pipe that 

connects the PPRV to the constant speed 

unit with a flexible hose, and 

replacement of the de-icing nozzle 

bracket with a redesigned bracket. 

• EASA also issued AD 2009–0151 

and superseded it with AD 2009–0224, 

which requires for TAE 125–02–99 

engines, initial and repetitive 

replacements of the PPRV, and 

installation of a vibration isolator 

between the engine gearbox and the 

propeller’s constant speed unit. 

You may obtain further information by 

examining the MCAIs in the AD docket. 

Relevant Service Information 

Thielert Aircraft Engines GmbH has 

issued Service Bulletin (SB) No. TM 

TAE 125–1007 P1, Revision 2, dated 

April 29, 2009, SB No. TM TAE 125– 

1009 P1, Revision 3, dated October 14, 

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2009, SB No. TM TAE 125–0018, 

Revision 1, dated November 12, 2008, 

and SB No. TM TAE 125–0020, Revision 

1, dated November 25, 2009. The 

actions described in this service 

information are intended to correct the 

unsafe condition identified in the 

MCAI. 

Differences Between This Proposed AD 

and the MCAI 

We have reviewed the MCAIs and, in 

general, agree with their substance. But 

we have found it necessary to not 

reference the second paragraph of the 

unsafe condition from EASA AD 2009– 

0224. That sentence stated that the 

problem has only manifested itself on 

those Thielert engines installed on 

Diamond Aircraft Industries DA 42 

aircraft. The affected engines which 

require a PPRV could be used on other 

make and model airplanes in the future. 

We also did not incorporate the 

February 28, 2010 compliance date 

which is in EASA AD 2009–0193R1, or 

the January 31, 2010 compliance date 

which is in EASA AD 2009–0224. 

FAA’s Determination and Requirements 

of This Proposed 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, EASA has 

notified us of the unsafe condition 

described in the MCAI. We are 

proposing 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 

proposed AD would require initial and 

repetitive replacements of the PPRV and 

installation of a vibration isolator to the 

gearbox assembly. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 300 TAE 125–01 and TAE 

125–02–99 reciprocating engines 

installed in Diamond Aircraft Industries 

Model DA 42 airplanes of U.S. registry. 

We also estimate that it would take 

about 0.25 work-hour per engine to 

replace a PPRV and install a vibration 

isolator to the gearbox assembly. The 

average labor rate is $85 per work-hour. 

Required parts would cost about $275 

per product. Based on these figures, we 

estimate the cost of the proposed AD on 

U.S. operators to be $88,875. 

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 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 this proposed regulation: 

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 proposed 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. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA 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. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new AD: 

Thielert Aircraft Engines GmbH: Docket No. 

FAA–2009–0201; Directorate Identifier 

2008–NE–47–AD. 

Comments Due Date 

(a) We must receive comments by March 

25, 2010. 

Affected Airworthiness Directives (ADs) 

(b) None. 

Applicability 

(c) This AD applies to Thielert Aircraft 

Engines GmbH (TAE) models TAE 125–01 

and TAE 125–02–99 reciprocating engines 

designated with part number (P/N) 05–7200– 

K000301 or 02–7200–1401R1. The engines 

are installed on, but not limited to, Diamond 

Aircraft Industries Model DA 42 airplanes. 

Reason 

(d) Engine in-flight shutdown incidents 

have been reported on Diamond Aircraft 

Industries DA 42 airplanes equipped with 

TAE 125 engines. The investigations showed 

that it was mainly the result of failure of the 

Proportional Pressure Reducing Valve (PPRV) 

(also known as Propeller Control Valve) due 

to high vibrations. This condition, if not 

corrected, could lead to further cases of 

engine in-flight shutdown, possibly resulting 

in reduced control of the aircraft. 

Since the release of European Aviation 

Safety Agency (EASA) AD 2008–0145, the 

engine gearbox has been identified as the 

primary source of vibrations for the PPRV, 

and it has also been determined that failure 

of the electrical connection to the PPRV 

could have contributed to some power loss 

events or in-flight shutdowns. 

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: 

TAE 125–02–99 Reciprocating Engines 

(1) For TAE 125–02–99 reciprocating 

engines with engine P/N 05–7200–K000301, 

within 55 flight hours after the effective date 

of this AD: 

(i) Replace the existing PPRV with PPRV, 

P/N 05–7212–E002801. Use paragraphs A. 

through B. of Thielert Service Bulletin (SB) 

No. TM TAE 125–1007 P1, Revision 2, dated 

April 29, 2009, to do the replacement. 

(ii) Install a vibration isolator, P/N 05– 

7212–K022302, to the gearbox assembly. Use 

paragraphs 1 through 20 of Thielert SB No. 

TM TAE 125–1009 P1, Revision 3, dated 

October 14, 2009, to do the installation. 

Repetitive PPRV Replacements 

(2) Thereafter, within every 300 flight 

hours, replace the PPRV, P/N 05–7212– 

E002801, with the same P/N PPRV. 

TAE 125–01 Reciprocating Engines 

(3) For TAE 125–01 reciprocating engines 

with engine P/N 02–7200–1401R1, within 55 

flight hours after the effective date of this AD: 

(i) Replace the existing PPRV with a PPRV, 

P/N NM–0000–0124501 or P/N 05–7212– 

K021401. Use paragraph 1 of Thielert SB No. 

TM TAE 125–0018, Revision 1, dated 

November 12, 2008, to do the replacement. 

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(ii) Inspect the electrical connectors of the 

PPRV and replace the connectors if damaged, 

and install a vibration isolator, P/N 05–7212– 

K023801, to the gearbox assembly. Use 

paragraphs 1 through 27 of Thielert SB No. 

TM TAE 125–0020, Revision 1, dated 

November 25, 2009, to do the inspection and 

installation. 

Repetitive PPRV Replacements 

(4) Thereafter, within every 300 flight 

hours, replace the PPRV with a PPRV, P/N 

NM–0000–0124501 or P/N 05–7212– 

K021401. 

FAA Differences 

(f) We have found it necessary to not 

reference the second paragraph of the unsafe 

condition from the MCAI EASA AD 2009– 

0224. That sentence stated that the problem 

has only manifested itself on those Thielert 

engines installed on Diamond Aircraft 

Industries DA 42 aircraft. The affected 

engines which require a PPRV could be used 

on other make and model airplanes in the 

future. 

(g) We also did not reference the February 

28, 2010 compliance date, which is in EASA 

AD 2009–0193R1, or the January 31, 2010 

compliance date which is in EASA AD 2009– 

0224. 

Alternative Methods of Compliance 

(AMOCs) 

(h) 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 

(i) Refer to EASA AD 2009–0224, dated 

October 20, 2009 (TAE 125–02–99), and 

EASA AD 2009–0193R1, dated December 1, 

2009 (TAE 125–01), for related information. 

(j) Refer to Thielert SB No. TM TAE 125– 

1007 P1, Revision 2, dated April 29, 2009, 

and Thielert SB No. TM TAE 125–1009 P1, 

Revision 3, dated October 14, 2009 (TAE 

125–02–99), for related information. 

(k) Refer to Thielert SB No. TM TAE 125– 

0018, Revision 1, dated November 12, 2008, 

and Thielert SB No. TM TAE 125–0020, 

Revision 1, dated November 25, 2009 (TAE 

125–01), for related information. 

(l) Contact Thielert Aircraft Engines GmbH, 

Platanenstrasse 14 D–09350, Lichtenstein, 

Germany, telephone: +49–37204–696–0; fax: 

+49–37204–696–2912; e-mail: 

info@centurion-engines.com, for a copy of 

the service information referenced in this 

AD. 

(m) 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, for more information about this AD. 

Issued in Burlington, Massachusetts, on 

February 16, 2010. 

Francis A. Favara, 

Manager, Engine and Propeller Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–3484 Filed 2–22–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0714; Directorate 

Identifier 2009–NM–041–AD] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–135 and –145, 

–145ER, –145MR, –145LR, –145XR, 

–145MP, and –145EP Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Supplemental notice of 

proposed rulemaking (NPRM); 

reopening of comment period. 

SUMMARY: We are revising an earlier 

NPRM for the products listed above. 

This action revises the earlier NPRM by 

expanding the scope. This proposed AD 

results from mandatory continuing 

airworthiness information (MCAI) 

originated 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: 

It was reported that after commanding the 

landing gear lever to down the three green 

landing gear positioning indication was 

displayed followed by the LG/LEVER 

DISAGREE EICAS [engine indicating and 

crew alerting system] message. The crew 

decided to continue the approach and 

landing procedure. As soon as the crew 

identified that the landing gear was not 

extended properly, a go-around procedure 

was successfully performed. During 

maneuver, the airplane settled momentarily 

onto the flaps and belly. 

* * * * * 

The unsafe condition is the landing 

gear remaining in the up and locked 

position during approach and landing. 

This condition could be accompanied 

by an invalid EICAS landing gear 

position indication, which could result 

in landing with gear in the up position 

and eliminate controllability of the 

airplane on the ground. This may 

consequently result in structural 

damage to the airplane. The proposed 

AD would require actions that are 

intended to address the unsafe 

condition described in the MCAI. 

DATES: We must receive comments on 

this proposed AD by March 22, 2010. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–40, 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed AD, contact Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER), Technical Publications 

Section (PC 060), Av. Brigadeiro Faria 

Lima, 2170—Putim—12227–901 Sa ̃o 

Jose dos Campos—SP—BRASIL; 

telephone: +55 12 3927–5852 or +55 12 

3309–0732; fax: +55 12 3927–7546; email: distrib@embraer.com.br; Internet: 

http://www.flyembraer.com. You may 

review copies of the referenced service 

information at the FAA, Transport 

Airplane Directorate, 1601 Lind 

Avenue, SW., Renton, Washington. For 

information on the availability of this 

material at the FAA, call 425–227–1221 

or 425–227–1152. 

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 in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Todd Thompson, Aerospace Engineer, 

International Branch, ANN–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1175; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2009–0714; Directorate Identifier 

2009–NM–041–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

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