47760 Federal Register / Vol. 74, No. 179 / Thursday, September 17, 2009 / Proposed Rules 

States. Pursuant to our bilateral 

agreement with Germany, EASA has 

notified us of the unsafe condition 

described in the MCAI and service 

information referenced above. 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 the 

modification of the engine oil system by 

installing a filter adaptor to the catch 

tank. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 250 products of U.S. 

registry. We also estimate that it would 

take about one work-hour per product to 

comply with this proposed AD. The 

average labor rate is $80 per work-hour. 

Required parts would cost about $80 per 

product. Based on these figures, we 

estimate the cost of the proposed AD on 

U.S. operators to be $40,000. 

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–2009–0747; Directorate Identifier 

2009–NE–28–AD. 

Comments Due Date 

(a) We must receive comments by October 

19, 2009. 

Affected Airworthiness Directives (ADs) 

(b) None. 

Applicability 

(c) This AD applies to Thielert Aircraft 

Engines GmbH (TAE) model TAE 125–01 

reciprocating engines, all serial numbers (SN) 

up to-and-including SN 02–01–1018. These 

engines are installed in, but not limited to, 

Diamond Aircraft Industries Model DA42, 

Piper PA–28–61 (Supplemental Type 

Certificate (STC) No. SA03303AT), Cessna 

172F, 172G, 172H, 172I, 172K, 172L, 172M, 

172N, 172P, 172R, 172S, F172F, F172G, 

F172H, F172K, F172L, F172M, F172N, and 

F172P (STC No. SA01303WI) airplanes. 

Reason 

(d) 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: 

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 inflight 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. Contact 

Thielert Aircraft Engines GmbH, 

Platanenstrasse 14 D–09350, Lichtenstein, 

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

+49–37204–696–55; e-mail: info@centurionengines.com, for a copy of this service 

information. 

(h) Contact Jason Yang, Aerospace 

Engineer, Engine Certification Office, FAA, 

Engine and Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803; e-mail: jason.yang@faa.gov; telephone 

(781) 238–7747; fax (781) 238–7199, for more 

information about this AD. 

Issued in Burlington, Massachusetts, on 

September 10, 2009. 

Peter A. White, 

Assistant Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–22313 Filed 9–16–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0753; Directorate 

Identifier 2009–NE–31–AD] 

RIN 2120–AA64 

Airworthiness Directives; Thielert 

Aircraft Engines GmbH (TAE) Model 

TAE 125–01 Reciprocating Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 


cprice-sewell on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 74, No. 179 / Thursday, September 17, 2009 / Proposed Rules 47761 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

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 engine shutdown incidents were 

reported on aircraft equipped with TAE–125– 

01 engines. This was found to be mainly the 

result of operation over a long time period 

with broken piston cooling oil nozzles which 

caused thermal overload of the piston. 

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 October 19, 2009. 

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. 

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, for 

the service information identified in this 

proposed AD. 

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: 

Jason Yang, Aerospace Engineer, Engine 

Certification Office, FAA, Engine and 

Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803; 

e-mail: jason.yang@faa.gov; telephone 

(781) 238–7747; 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–2009–0753; Directorate Identifier 

2009–NE–31–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 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2007–0232, 

dated August 23, 2007 (referred to after 

this as ‘‘the MCAI’’), to correct an unsafe 

condition for the specified products. 

The MCAI states: 

In-flight engine shutdown incidents were 

reported on aircraft equipped with TAE–125– 

01 engines. This was found to be mainly the 

result of operation over a long time period 

with broken piston cooling oil nozzles which 

caused thermal overload of the piston. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

Thielert has issued Service Bulletin 

No. TM TAE 125–0017, Revision 2, 

dated February 22, 2008. The actions 

described in this service information are 

intended to correct the unsafe condition 

identified in the MCAI. 

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 and service 

information referenced above. 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. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 250 engines of U.S. registry. 

We also estimate that it would take 

about 2 work-hours per engine to 

comply with this proposed AD. The 

average labor rate is $80 per work-hour. 

Required parts would cost about $30 per 

engine. Based on these figures, we 

estimate the cost of the proposed AD on 

U.S. operators to be $47,500. 

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; 


cprice-sewell on DSK2BSOYB1PROD with PROPOSALS
47762 Federal Register / Vol. 74, No. 179 / Thursday, September 17, 2009 / Proposed Rules 

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–2009–0753; Directorate Identifier 

2009–NE–31–AD. 

Comments Due Date 

(a) We must receive comments by October 

19, 2009. 

Affected Airworthiness Directives (ADs) 

(b) None. 

Applicability 

(c) This AD applies to Thielert Aircraft 

Engines GmbH (TAE) model TAE 125–01 

reciprocating engines, excluding engines that 

have been modified to TAE Design 

Modification No. 2007–001. These engines 

are installed in, but not limited to, Diamond 

Aircraft Industries Model DA42, Piper PA– 

28–61 (Supplemental Type Certificate (STC) 

No. SA03303AT), Cessna 172F, 172G, 172H, 

172I, 172K, 172L, 172M, 172N, 172P, 172R, 

172S, F172F, F172G, F172H, F172K, F172L, 

F172M, F172N, and F172P (STC No. 

SA01303WI) airplanes. 

Reason 

(d) 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 engine shutdown incidents were 

reported on aircraft equipped with TAE–125– 

01 engines. This was found to be mainly the 

result of operation over a long time period 

with broken piston cooling oil nozzles which 

caused thermal overload of the piston. 

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: 

(1) Within the next 110 flight hours, or 

during the next scheduled maintenance, 

whichever occurs first after the effective date 

of this AD, inspect the engine and engine oil 

for any evidence or pieces of broken piston 

cooling nozzles. 

(2) Use the inspection instructions in 

Thielert Service Bulletin No. TM TAE 125– 

0017, Revision 2, dated February 22, 2008, to 

perform the inspection. 

(3) Thereafter, repetitively inspect the 

engine and engine oil for any evidence or 

pieces of broken piston cooling nozzles, 

within every additional 100 flight hours. 

(4) If any evidence of a failed cooling 

nozzle is found, remove the engine from 

service before further flight. 

Alternative Methods of Compliance 

(AMOCs) 

(f) 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 

(g) Refer to European Aviation Safety 

Agency AD 2008–0016 R1, dated February 

22, 2008, and Thielert Aircraft Engines 

GmbH, Platanenstrasse 14 D–09350, 

Lichtenstein, Germany, telephone: +49– 

37204–696–0; fax: +49–37204–696–55; email: info@centurion-engines.com, for related 

information. 

(h) Contact Jason Yang, Aerospace 

Engineer, Engine Certification Office, FAA, 

Engine and Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803; e-mail: jason.yang@faa.gov; telephone 

(781) 238–7747; fax (781) 238–7199, for more 

information about this AD. 

Issued in Burlington, Massachusetts, on 

September 10, 2009. 

Peter A. White, 

Assistant Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–22314 Filed 9–16–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

23 CFR Part 772 

[FHWA Docket No. FHWA–2008–0114] 

RIN 2125–AF26 

Procedures for Abatement of Highway 

Traffic Noise and Construction Noise 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM); request for comments. 

SUMMARY: This document proposes to 

revise the Federal regulations on the 

Procedures for Abatement of Highway 

Traffic Noise and Construction Noise. 

The FHWA seeks to clarify certain 

definitions, the applicability of this 

regulation, certain analysis 

requirements, and the use of Federal 

funds for noise abatement measures. In 

addition, the proposed regulation would 

include a screening tool and the latest 

state of the practice on addressing 

highway traffic noise. 

DATES: Comments must be received by 

November 16, 2009. 

ADDRESSES: Mail or hand deliver 

comments to the U.S. Department of 

Transportation, Dockets Management 

Facility, Room PL–401, 1200 New Jersey 

Avenue, SE., Washington, DC 20590 or 

fax comments to (202) 493–2251. 

Alternatively, comments may be 

submitted via the Federal eRulemaking 

Portal at http://www.regulations.gov. All 

comments must include the docket 

number that appears in the heading of 

this document. All comments received 

will be available for examination and 

copying at the above address from 9 

a.m. to 5 p.m., e.t., Monday through 

Friday, except Federal holidays. Those 

desiring notification of receipt of 

comments must include a selfaddressed, stamped postcard or you 

may print the acknowledgment page 

that appears after submitting comments 

electronically. Anyone is able to search 

the electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70, Pages 19477–78). 

FOR FURTHER INFORMATION CONTACT: Mr. 

Mark Ferroni, Office of Natural and 

Human Environment, (202) 366–3233, 

or Mr. Robert Black, Office of the Chief 

Counsel, (202) 366–1359, Federal 

Highway Administration, 1200 New 

Jersey Avenue, SE., Washington, DC 

20590. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

An electronic copy of this document 

may be downloaded by using a 

computer, modem, and suitable 

communications software from the 

Government Printing Office’s Electronic 

Bulletin Board Service at (202) 512– 

1661. Internet users may also reach the 

Office of the Federal Register’s home 

page at: http://www.archives.gov and the 


cprice-sewell on DSK2BSOYB1PROD with PROPOSALS