Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Rules and Regulations 7949 

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. 

Actions and Compliance 

(e) Unless already done, do the following 

actions within the next 50 flight hours after 

the effective date of this AD: 

(1) Modify the engine oil system by 

installing a filter adaptor to the catch tank. 

(2) Use the installation instructions in 

Thielert Service Bulletin No. TM TAE 125– 

0016, Revision 1, dated June 15, 2007, to 

install the filter adaptor. 

FAA AD Differences 

(f) This AD differs from the Mandatory 

Continuing Airworthiness Information 

(MCAI) as follows: 

(1) The MCAI compliance time states 

‘‘within the next 50 flight hours after the 

effective date of this directive, but not later 

than 31 October 2007, whichever occurs 

first’’. 

(2) This AD compliance time states ‘‘within 

the next 50 flight hours after the effective 

date of this AD.’’ 

Related Information 

(g) Refer to European Aviation Safety 

Agency AD 2007–0232, dated August 23, 

2007, for related information. 

(h) 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. 

Material Incorporated by Reference 

(i) You must use Thielert Service Bulletin 

No. TM TAE 125–0016, Revision 1, dated 

June 15, 2007, to do the actions required by 

this AD, unless the AD specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Thielert Aircraft Engines 

GmbH, Platanenstrasse 14 D–09350, 

Lichtenstein, Germany, telephone: +49– 

37204–696–0; fax: +49–37204–696–55; 

e-mail: info@centurion-engines.com. 

(3) You may review copies at the FAA, 

New England Region, 12 New England 

Executive Park, Burlington, MA; or 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 Burlington, Massachusetts, on 

February 8, 2010. 

Peter A. White, 

Assistant Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–3117 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–2009–1025 Directorate 

Identifier 2009–CE–055–AD; Amendment 

39–16204; AD 2010–04–11] 

RIN 2120–AA64 

Airworthiness Directives; Extra 

Flugzeugproduktions- und VertriebsGmbH Models EA–300/200 and EA– 

300/L Airplanes 

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: 

The manufacturer has advised that the 

combination of a redesigned tail spring 

support with a stiffer tail spring and rough 

field operations has led to cracks in the tail 

spring support mounting base. Cracks have 

also been reported on aeroplanes already 

compliant with Part II of Extra Service 

Bulletin No. SB–300–2–97 issue A, as 

mandated by the LBA AD D–1998–001, dated 

15 January 1998. 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective 

March 30, 2010. 

On March 30, 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: Greg 

Davison, Aerospace Engineer, FAA, 

Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4130; fax: (816) 

329–4090. 

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 November 3, 2009 (74 FR 

56748). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

The manufacturer has advised that the 

combination of a redesigned tail spring 

support with a stiffer tail spring and rough 

field operations has led to cracks in the tail 

spring support mounting base. Cracks have 

also been reported on aeroplanes already 

compliant with Part II of Extra Service 

Bulletin No. SB–300–2–97 issue A, as 

mandated by the LBA AD D–1998–001, dated 

15 January 1998. 

For the reasons stated above, this new AD 

mandates instructions for recurring 

inspections and modification in the area of 

the tail spring support in order to prevent 

separation of the tail landing gear which 

could result in serious damage to the airplane 

during landing. 

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 

184 products of U.S. registry. We also 

estimate that it will take about 2 workmstockstill on DSKH9S0YB1PROD with RULES

7950 Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Rules and Regulations 

hours per product to comply with the 

basic requirements of this AD. The 

average labor rate is $85 per work-hour. 

Based on these figures, we estimate 

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

to be $31,280 or $170 per product. 

In addition, we estimate that any 

necessary follow-on actions would take 

about 20 work-hours and require parts 

costing $460, for a cost of $2,160 per 

product. We have no way of 

determining the number of products 

that may need these actions. 

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. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new AD: 

2010–04–11 Extra Flugzeugproduktionsund Vertriebs- GmbH: Amendment 39– 

16204; Docket No. FAA–2009–1025; 

Directorate Identifier 2009–CE–055–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective March 30, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to the following model 

and serial number airplanes, certificated in 

any category: 

(1) Model EA–300/200 airplanes, serial 

numbers (S/N) 01 through 31, and 1032 

through 1043; and 

(2) Model EA–300/L airplanes, S/N 01 

through 170, 172, 173, 1171, and 1174 

through 1299. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 53: Fuselage. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

The manufacturer has advised that the 

combination of a redesigned tail spring 

support with a stiffer tail spring and rough 

field operations has led to cracks in the tail 

spring support mounting base. Cracks have 

also been reported on aeroplanes already 

compliant with Part II of Extra Service 

Bulletin No. SB–300–2–97 issue A, as 

mandated by the LBA AD D–1998–001, dated 

15 January 1998. 

For the reasons stated above, this new AD 

mandates instructions for recurring 

inspections and modification in the area of 

the tail spring support in order to prevent 

separation of the tail landing gear which 

could result in serious damage to the airplane 

during landing. 

Actions and Compliance 

(f) Unless already done, do the following 

actions: 

(1) Before further flight after March 30, 

2010 (the effective date of this AD) and 

repetitively thereafter at intervals not to 

exceed 50 hours time-in-service, inspect the 

tail spring support for cracks in accordance 

with PART I of Extra Flugzeugproduktionsund Vertriebs- GmbH EXTRA Service 

Bulletin No. SB–300–2–97, Issue: C, dated 

September 24, 2009. 

(2) If any crack is found as a result of the 

inspections required by paragraph (f)(1) of 

this AD, before further flight, modify the tail 

spring support structure as instructed in 

PART II of Extra Flugzeugproduktions- und 

Vertriebs- GmbH EXTRA Service Bulletin No. 

SB–300–2–97, Issue: C, dated September 24, 

2009. Modification of the tail spring support 

structure terminates the repetitive 

inspections required in paragraph (f)(1) of 

this AD. 

(3) You may at any time modify the tail 

spring support structure as instructed in 

PART II of Extra Flugzeugproduktions- und 

Vertriebs- GmbH EXTRA Service Bulletin No. 

SB–300–2–97, Issue: C, dated September 24, 

2009, to terminate the repetitive inspections 

required in paragraph (f)(1) of this AD. 

FAA AD Differences 

Note: This AD differs from the MCAI and/ 

or service information as follows: No 

differences. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Standards Office, 

FAA, has the authority to approve AMOCs 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. Send information to 

ATTN: Greg Davison, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4130; fax: (816) 329– 

4090. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your appropriate principal inspector 

(PI) in the FAA Flight Standards District 

Office (FSDO), or lacking a PI, your local 

FSDO. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act 

(44 U.S.C. 3501 et seq.), the Office of 

Management and Budget (OMB) has 

mstockstill on DSKH9S0YB1PROD with RULES

Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Rules and Regulations 7951 

1Request of the United States Postal Service to 

Add Express Mail Contract 8 to Competitive 

Product List and Notice of Filing (Under Seal) of 

Supporting Data, December 11, 2009 (Request). 

2Attachment A to the Request, reflecting 

Governors’ Decision No. 09–14, October 26, 2009. 

3Attachment B to the Request. 

4Attachment C to the Request. 

5Attachment D to the Request. 

6Attachment E to the Request. 

7Attachment F to the Request. 

8Notice and Order Concerning Express Mail 

Contract 8 Negotiated Service Agreement, December 

15, 2009 (Order No. 359). 

9Supplemental Information Provided by the 

United States Postal Service in Response to Order 

No. 359, December 18, 2009. 

10Chairman’s Information Request No. 1, 

December 23, 2009 (CHIR No. 1). 

11Responses of the United States Postal Service 

to Chairman’s Information Request No. 1, December 

28, 2009. 

12Comments of Public Representatives in 

Response to PRC Order No. 359, December 23, 

2009. 

approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI European Aviation 

Safety Agency AD No.: 2009–0160, July 21, 

2009 (corrected on July 28, 2009); and Extra 

Flugzeugproduktions- und Vertriebs- GmbH 

EXTRA Service Bulletin No. SB–300–2–97, 

Issue: C, dated September 24, 2009, for 

related information. 

Material Incorporated by Reference 

(i) You must use Extra 

Flugzeugproduktions- und Vertriebs- GmbH 

EXTRA Service Bulletin No. SB–300–2–97, 

Issue: C, dated September 24, 2009, to do the 

actions required by this AD, unless the AD 

specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Extra Flugzeugproduktionsund Vertriebs- GmbH, Engineering 

Department/Office of Airworthiness/Quality 

Assurance, Schwarze Heide 21, 46569 

Hu ̈nxe, Germany; Fax: +49 (0) 2858–9137–30; 

E-Mail: extraaircraft@extraaircraft.com. 

(3) You may review copies of the service 

information incorporated by reference for 

this AD at the FAA, Central Region, Office of 

the Regional Counsel, 901 Locust, Kansas 

City, Missouri 64106. For information on the 

availability of this material at the Central 

Region, call (816) 329–3768. 

(4) You may also review copies of the 

service information incorporated by reference 

for this AD 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/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Kansas City, Missouri, on 

February 10, 2010. 

Steven W. Thompson, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–3120 Filed 2–22–10; 8:45 am] 

BILLING CODE 4910–13–P 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3020 

[Docket Nos. MC2010–16 and CP2010–16; 

Order No. 379] 

New Postal Product 

AGENCY: Postal Regulatory Commission. 

ACTION: Final rule. 

SUMMARY: The Commission is adding 

Express Mail Contract 8 to the 

Competitive Product List. This action is 

consistent with a postal reform law. 

Republication of the Product Lists is 

also consistent with a statutory 

provision. 

DATES: Effective February 23, 2010 and 

is applicable beginning January 4, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Sharfman, General Counsel, 

202–789–6824 or 

stephen.sharfman@prc.gov. 

SUPPLEMENTARY INFORMATION: Regulatory 

History, 74 FR 66242 (December 15, 

2009). 

Table of Contents 

I. Introduction 

II. Background 

III. Comments 

IV. Commission Analysis 

V. Ordering Paragraphs 

I. Introduction 

The Postal Service seeks to add a new 

product identified as Express Mail 

Contract 8 to the Competitive Product 

List. For the reasons discussed below, 

the Commission approves the Request. 

II. Background 

Pursuant to 39 U.S.C. 3642 and 39 

CFR 3020.30 et seq., the Postal Service 

filed a formal request and associated 

supporting information to add Express 

Mail Contract 8 to the Competitive 

Product List.1 The Postal Service asserts 

that Express Mail Contract 8 is a 

competitive product ‘‘not of general 

applicability’’ within the meaning of 39 

U.S.C. 3632(b)(3). The Postal Service 

states that prices and classification 

underlying this contract are supported 

by Governors’ Decision No. 09–14 in 

Docket Nos. MC2010–5 and CP2010–5. 

Id. at 1. The Request has been assigned 

Docket No. MC2010–16. 

The Postal Service 

contemporaneously filed a contract 

related to the proposed new product 

pursuant to 39 U.S.C. 3632(b)(3) and 39 

CFR 3015.5. The contract has been 

assigned Docket No. CP2010–16. 

In support of its Request, the Postal 

Service filed the following materials: (1) 

A redacted version of the Governors’ 

Decision, originally filed in Docket Nos. 

MC2010–5 and CP2010–5, authorizing 

certain Express Mail contracts, and 

Certification of Governors’ Vote;2 (2) a 

redacted version of the contract, and 

Certification of Governors’ Vote;3 (3) a 

requested change in the Competitive 

Product List;4 (4) a Statement of 

Supporting Justification as required by 

39 CFR 3020.32;5 (5) a certification of 

compliance with 39 U.S.C. 3633(a);6 and 

(6) an application for non-public 

treatment of the materials filed under 

seal.7

In the Statement of Supporting 

Justification, Susan M. Plonkey, Vice 

President, Sales, asserts that the service 

to be provided under the contract will 

cover its attributable costs, make a 

positive contribution to institutional 

costs, and increase contribution toward 

the requisite 5.5 percent of the Postal 

Service’s total institutional costs. Id., 

Attachment D. Thus, Ms. Plonkey 

contends there will be no issue of 

subsidization of competitive products 

by market dominant products as a result 

of this contract. Id. 

Express Mail Contract 8 is included 

with the Request. The contract was 

entered into on May 28, 2009, and will 

become effective as a Negotiated Service 

Agreement January 4, 2010. The 

contract provides that the Postal Service 

may not increase rates until after May 

27, 2010. The Postal Service represents 

that the contract is consistent with 39 

U.S.C. 3633(a). See id., Attachment D. 

In its Request, the Postal Service 

maintains that the supporting financial 

information, including the analyses that 

provide prices, terms, conditions, cost 

data, and financial projections should 

remain under seal. Id., Attachment D. 

In Order No. 359, the Commission 

gave notice of the two dockets, 

requested supplemental information, 

appointed a public representative, and 

provided the public with an opportunity 

to comment.8 On December 18, 2009, 

the Postal Service provided its response 

to the Commission’s request for 

supplemental information.9 On 

December 23, 2009, Chairman’s 

Information Request No. 1 was issued 

for response by the Postal Service by 

December 28, 2009.10 The Postal Service 

filed its response on December 28, 

2009.11

III. Comments 

Comments were filed by the Public 

Representatives.12 No comments were 

submitted by other interested parties. 

mstockstill on DSKH9S0YB1PROD with RULES