Federal Register / Vol. 77, No. 234 / Wednesday, December 5, 2012 / Rules and Regulations 72203 

(2) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P. O. Box 3707, MC 2H–65, 

Seattle, WA 98124–2207; telephone 206– 

544–5000, extension 1; fax 206–766–5680; 

Internet https://www.myboeingfleet.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. 

(m) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Boeing Multi Operator Message MOM– 

MOM–12–0838–01B(R2), including 

Attachment A, dated November 25, 2012. 

The document number and issue date are 

identified on page 1 of Boeing Multi Operator 

Message MOM–MOM–12–0838–01B(R2), 

including Attachment A, dated November 25, 

2012, and on each page of Attachment A; no 

other page of this document contains this 

information. 

(ii) Reserved. 

(3) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P. O. Box 3707, MC 2H–65, 

Seattle, WA 98124–2207; telephone 206– 

544–5000, extension 1; fax 206–766–5680; 

Internet https://www.myboeingfleet.com. 

(4) You may view this service information 

at 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. 

(5) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

202–741–6030, or go to http:// 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Renton, Washington, on 

November 28, 2012. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–29405 Filed 12–4–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–1245; Directorate 

Identifier 2012–NE–41–AD; Amendment 39– 

17279; AD 2012–24–09] 

RIN 2120–AA64 

Airworthiness Directives; Lycoming 

Engines and Continental Motors, Inc. 

Reciprocating Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for 

Lycoming Engines TSIO–540–AK1A, 

and Continental Motors, Inc. TSIO–360– 

MB, TSIO–360–SB, and TSIO–360–RB 

reciprocating engines, with certain 

Hartzell Engine Technologies (HET) 

turbochargers, model TA0411, part 

number (P/N) 466642–0001; 466642– 

0002; 466642–0006; 466642–9001; 

466642–9002; or 466642–9006, or with 

certain HET model TA0411 

turbochargers overhauled or repaired 

since August 29, 2012. This AD requires 

removing the affected turbochargers 

from service before further flight. This 

AD was prompted by a report of a 

turbocharger turbine wheel that failed a 

static strength test at its manufacturing 

facility. We are issuing this AD to 

prevent turbocharger turbine wheel 

failure, reduction or complete loss of 

engine power, loss of engine oil, oil fire, 

and damage to the airplane. 

DATES: This AD is effective December 

20, 2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of December 20, 2012. 

We must receive comments on this 

AD by January 22, 2013. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, 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 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

For service information identified in 

this AD, contact Hartzell Engine 

Technologies, LLC, 2900 Selma 

Highway, Montgomery, AL 36108, 

phone: 334–386–5400; fax: 334–386– 

5450; internet: http:// 

www.hartzellenginetech.com. You may 

view this service information at the 

FAA, 12 New England Executive Park, 

Burlington, MA. For information on the 

availability of this material at the FAA, 

call 781–238–7125. 

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 this AD, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Office (phone: 800–647– 

5527) is in the ADDRESSES section. 

Comments will be available in the AD 

docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Christopher Richards, Aerospace 

Engineer, Chicago Aircraft Certification 

Office, FAA, 2300 E. Devon Ave., Des 

Plaines, IL 60018; phone: 847–294– 

7156; fax: 847–294–7834; email: 

christopher.j.richards@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We received a report of an HET 

turbocharger turbine wheel that failed a 

static strength test at its manufacturing 

facility. Subsequent tests showed that 

nearly all turbine wheels, P/N 410188– 

0019, had significant cracking under the 

surface of a critical weld joint between 

the turbine wheel head and shaft that 

occurred during manufacturing. HET 

has identified by serial number (S/N) 

the turbochargers shipped from the 

factory with this unsafe condition. HET 

has also identified the S/N range of 

affected turbine wheels. Some of the 

affected turbine wheels became 

available for overhaul or field repair 

since August 29, 2012, and may have 

been installed. This condition, if not 

corrected, could result in turbocharger 

turbine wheel failure, reduction or 

complete loss of engine power, loss of 

engine oil, oil fire, and damage to the 

airplane. 

Relevant Service Information 

We reviewed HET Alert Service 

Bulletin (ASB) No. 048, dated November 

16, 2012. The ASB lists the known serial 

numbers of affected turbochargers. 


tkelley on DSK3SPTVN1PROD with 
72204 Federal Register / Vol. 77, No. 234 / Wednesday, December 5, 2012 / Rules and Regulations 

FAA’s Determination 

We are issuing this AD because we 

evaluated all the relevant information 

and determined the unsafe condition 

described previously is likely to exist or 

develop in other products of the same 

type design. 

AD Requirements 

This AD requires removing the 

affected turbochargers from service 

before further flight. 

FAA’s Justification and 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 HET cannot confirm the 

affected turbochargers can safely be 

used. Therefore, we find that notice and 

opportunity for prior public comment 

are impracticable and that good cause 

exists for making this amendment 

effective in less than 30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety and 

was not preceded by notice and an 

opportunity for public comment. 

However, we invite you to send any 

written data, views, or arguments about 

this AD. Send your comments to an 

address listed under the ADDRESSES

section. Include the docket number 

FAA–2012–1245 and Directorate 

Identifier 2012–NE–41–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 we receive 

about this AD. 

Costs of Compliance 

We estimate that this AD affects 56 

airplanes of U.S. registry with affected 

turbochargers installed. We also 

estimate that it will take about 4 hours 

to remove a turbocharger from service. 

The average labor rate is $85 per hour. 

Based on these figures, we estimate the 

total cost of the AD to U.S. operators to 

be $19,040. 

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 

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 that 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), 

(3) Will not affect intrastate aviation 

in Alaska, and 

(4) 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. 

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. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

2012–24–09 Lycoming Engines and 

Continental Motors, Inc. Reciprocating 

Engines: Amendment 39–17279; Docket 

No. FAA–2012–1245; Directorate 

Identifier 2012–NE–41–AD. 

(a) Effective Date 

This AD is effective December 20, 2012. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Lycoming Engines 

TSIO–540–AK1A, and Continental Motors, 

Inc. TSIO–360–MB, TSIO–360–SB, and 

TSIO–360–RB reciprocating engines with any 

of the following turbochargers installed: 

(1) Hartzell Engine Technologies (HET) 

model TA0411 turbochargers, part numbers 

(P/Ns) 466642–0001; 466642–0002; 466642– 

0006; 466642–9001; 466642–9002; and 

466642–9006, with serial numbers (S/Ns) 

listed in Table 2 of HET Alert Service 

Bulletin No. 048, dated November 16, 2012, 

installed. 

(2) HET model TA0411 turbochargers 

having a turbine wheel, P/N 410188–0019, 

with any of the turbine wheel S/Ns H120716 

through H121988, installed. 

(3) HET model TA0411 turbochargers 

overhauled or repaired since August 29, 

2012, using a turbine wheel, P/N 410188– 

0019, with any of the turbine wheel S/Ns 

H120716 through H121988, installed. 

(d) Unsafe Condition 

This AD was prompted by a report of a 

turbocharger turbine wheel that failed a static 

strength test at its manufacturing facility. We 

are issuing this AD to prevent turbocharger 

turbine wheel failure, reduction or complete 

loss of engine power, loss of engine oil, oil 

fire, and damage to the airplane. 

(e) Compliance 

Before further flight, remove from service 

the turbochargers identified in paragraph (c) 

of this AD, unless already done. 

(f) Special Flight Permits 

Special flight permits are permitted 

provided that: 

(1) The flight is limited to three hours. 

(2) The turbocharger boost is set to ‘‘Off’’ 

in the cockpit (if applicable). 

(3) The wastegate for the turbocharger is 

safety wired in the locked open position. 

(g) Alternative Methods of Compliance 

(AMOCs) 

The Manager, Chicago Aircraft 

Certification Office, FAA, may approve 

AMOCs for this AD. Use the procedures 

found in 14 CFR 39.19 to make your request. 

(h) Related Information 

For more information about this AD, 

contact Christopher Richards, Aerospace 

Engineer, Chicago Aircraft Certification 

Office, FAA, 2300 E. Devon Ave., Des 

Plaines, IL 60018; phone: 847–294–7156; fax: 


tkelley on DSK3SPTVN1PROD with 
Federal Register / Vol. 77, No. 234 / Wednesday, December 5, 2012 / Rules and Regulations 72205 

1The Commission voted 2–1 to publish this final 

rule in the Federal Register. Chairman Inez M. 

Tenenbaum and Commissioner Robert S. Adler 

voted to publish the final rule. Commissioner 

Nancy A. Nord voted against publication of the 

final rule. 

847–294–7834; email: 

christopher.j.richards@faa.gov. 

(i) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Hartzell Engine Technologies Alert 

Service Bulletin No. 048, dated November 16, 

2012. 

(ii) Reserved. 

(3) For service information identified in 

this AD, contact Hartzell Engine 

Technologies, LLC, 2900 Selma Highway, 

Montgomery, AL 36108, phone: 334–386– 

5400; fax: 334–386–5450; internet: http:// 

www.hartzellenginetech.com. 

(4) You may view this service information 

at the FAA, 12 New England Executive Park, 

Burlington, MA. For information on the 

availability of this material at the FAA, call 

781–238–7125. 

(5) You may view this service information 

at the National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

202 741 6030, or go to: http:// 

www.archives.gov/federal-register/cfr/ 

ibr_locations.html. 

Issued in Burlington, Massachusetts, on 

November 29, 2012. 

Colleen M. D’Alessandro, 

Assistant Manager, Engine & Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–29472 Filed 12–4–12; 8:45 am] 

BILLING CODE 4910–13–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1107 

[CPSC Docket No. CPSC–2011–0082] 

Testing and Labeling Pertaining to 

Product Certification Regarding 

Representative Samples for Periodic 

Testing of Children’s Products 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Final rule. 

SUMMARY: The Consumer Product Safety 

Commission (CPSC, Commission, or we) 

is issuing a final rule to amend its 

regulations on testing and labeling 

pertaining to product certification. 

Pursuant to section 14(i)(2)(B)(ii) of the 

Consumer Product Safety Act (CPSA), 

the final rule requires the testing of 

representative samples to ensure 

continued compliance of children’s 

products with all applicable children’s 

product safety rules. The final rule also 

establishes a recordkeeping requirement 

associated with the testing of 

representative samples. 

DATES: To coincide with the effective 

date of 16 CFR part 1107, the final rule 

is effective on February 8, 2013, and it 

applies to products manufactured after 

that date.1

FOR FURTHER INFORMATION CONTACT: 

Randy Butturini, Project Manager, 

Office of Hazard Identification and 

Reduction, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, MD 20814; telephone (301) 

504–7562; email rbutturini@cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

A. What is the purpose of the final rule? 

The final rule amends 16 CFR 1107.21 

and 1107.26 of the Commission’s 

regulation on testing and labeling 

pertaining to product certification in 

order to implement the statutory 

requirement in section 14(i)(2)(B) of the 

CPSA for the periodic testing of 

representative samples of children’s 

products, as well as associated 

recordkeeping. 

B. What does the law require? 

Section 14(a)(2) of the CPSA, 15 

U.S.C. 2063(a)(2), requires 

manufacturers, including importers, and 

private labelers of any children’s 

product that is subject to a children’s 

product safety rule, to submit sufficient 

samples of the product, or samples that 

are identical in all material respects to 

the product, to a third party conformity 

assessment body whose accreditation 

has been accepted by the CPSC, to be 

tested for compliance with such 

children’s product safety rule. Based on 

that testing, the manufacturer or private 

labeler must issue a certificate, which 

certifies that such children’s product 

complies with the children’s product 

safety rule. 15 U.S.C. 2063(a)(2)(B). A 

children’s product certifier must issue a 

separate certificate for each applicable 

children’s product safety rule, or a 

combined certificate that certifies 

compliance with all applicable 

children’s product safety rules, and 

specifies each rule. This certificate is 

called a Children’s Product Certificate 

(CPC). 

Section 14(i)(2)(B) of the CPSA, 15 

U.S.C. 2063(i)(2)(B), as originally 

provided in section 102 of the 

Consumer Product Safety Improvement 

Act of 2008 (CPSIA) prior to 

amendment, requires, in relevant part, 

that we establish protocols and 

standards for ‘‘ensuring that a children’s 

product tested for compliance with a 

children’s product safety rule is subject 

to testing periodically and when there 

has been a material change in the 

product’s design or manufacturing 

process, including the sourcing of 

component parts,’’ and the ‘‘testing of 

random samples to ensure continued 

compliance.’’ 

In the Federal Register of May 20, 

2010 (75 FR 28336), we published a 

proposed rule on ‘‘Testing and Labeling 

Pertaining to Product Certification.’’ The 

proposed rule was intended to 

implement parts of what was then 

known as section 14(d)(2)(B) of the 

CPSA (now renumbered section 

14(i)(2)(B)) and to implement parts of 

section 14(a) of the CPSA. Proposed 

§ 1107.22, ‘‘Random Samples,’’ would 

have implemented the testing of random 

samples’ requirement in the CPSA, by 

requiring each manufacturer of a 

children’s product to select samples for 

periodic testing by using a process that 

assigns each sample in the production 

population an equal probability of being 

selected (75 FR at 28349 through 28350, 

28365). 

On August 12, 2011, the President 

signed into law Public Law 112–28. 

Among other things, Public Law 112–28 

changed the obligation for the testing of 

‘‘random samples’’ to the testing of 

‘‘representative samples.’’ Additionally, 

Public Law 112–28 corrected an 

editorial error in section 14 of the CPSA, 

by renumbering section 14(d) of the 

CPSA, ‘‘Additional Regulations for 

Third Party Testing,’’ as section 14(i) of 

the CPSA. 

On November 8, 2011, we published 

a final rule in the Federal Register (76 

FR 69482) for the testing and labeling 

rule, 16 CFR part 1107, on those aspects 

of the rule left unchanged by Public Law 

112–28. However, because Public Law 

112–28 amended section 14(i)(2)(B)(ii) 

of the CPSA to require the testing of 

‘‘representative samples,’’ the 

Commission deleted § 1107.22 from the 

final rule on testing and labeling, and it 

issued a proposed rule (76 FR 69586), 

also on November 8, to implement the 

new statutory requirement for the 

testing of representative samples. 

The Commission is now issuing a 

final rule amending 16 CFR 1107.21(f) 

and 1107.26(a)(4) to implement the 

requirement to test ‘‘representative 

samples,’’ pursuant to section 

14(i)(2)(B)(ii) of the CPSA, as well as our 

implementing authority under section 3 

of the CPSIA. 


tkelley on DSK3SPTVN1PROD with