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[Federal Register: August 25, 2010 (Volume 75, Number 164)]
[Rules and Regulations]               
[Page 52240-52242]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25au10-6]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0683; Directorate Identifier 2010-NE-25-AD; 
Amendment 39-16415; AD 2010-18-02]
RIN 2120-AA64

 
Airworthiness Directives; Thielert Aircraft Engines GmbH (TAE) 
Models TAE 125-01 and TAE 125-02-99 Reciprocating Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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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.

[[Page 52241]]

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

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2010-18-02 Thielert Aircraft Engines GmbH: Amendment 39-16415.; 
Docket No. FAA-2010-0683; Directorate Identifier 2010-NE-25-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective 
September 9, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Thielert Aircraft Engines GmbH (TAE):
    (1) TAE 125-01 reciprocating engines (commercial designation 
Centurion 1.7), all serial numbers, if a clutch assembly part number 
(P/N) 02-7210-11001R13 is installed; and
    (2) TAE 125-02-99 reciprocating engines (commercial designation 
Centurion 2.0), all serial numbers, if a clutch assembly P/N 05-
7211-K006001 or P/N 05-7211-K006002 is installed.
    (3) These engines are installed on, but not limited to, Cessna 
172 and (Reims-built) F172 series (European Aviation Safety Agency 
(EASA) STC No. EASA.A.S.01527); Piper PA-28 series (EASA STC No. 
EASA.A.S. 01632); APEX (Robin) DR 400 series (EASA STC No. 
A.S.01380); and Diamond Aircraft Industries Models DA40 and DA42 
airplanes.

Reason

    (d) 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.

[[Page 52242]]

    We are issuing this AD to prevent engine in-flight shutdown 
leading to loss of control of the airplane.

Actions and Compliance

    (e) Unless already done, do the following actions.
    (1) Before next flight after the effective date of this AD, 
identify the serial number (S/N) of each P/N 02-7210-11001R13, P/N 
05-7211-K006001, and P/N 05-7211-K006002 clutch assembly installed 
on the airplane. If the S/N matches one of those listed in Thielert 
Aircraft Engines GmbH Service Bulletin (SB) No. TM TAE 125-0021, 
dated June 9, 2010, or SB No. TM TAE 125-1011 P1, dated June 9, 
2010, as applicable to engine model, replace the clutch assembly 
within the following compliance times:
    (i) For engines with affected clutch assemblies that have 
accumulated 100 flight hours or more on the effective date of this 
AD, replace the clutch assembly before further flight.
    (ii) For engines with affected clutch assemblies that have 
accumulated less than 100 flight hours on the effective date of this 
AD, replace the clutch assembly before accumulating 100 flight 
hours.

Clutch Assembly Prohibition

    (2) After the effective date of this AD:
    (i) Do not install an engine having a clutch assembly that is 
listed by S/N in Thielert Aircraft Engines GmbH Service Bulletin 
(SB) No. TM TAE 125-0021, dated June 9, 2010, or SB No. TM TAE 125-
1011 P1, dated June 9, 2010; and
    (ii) Do not install any clutch assembly listed by S/N in 
Thielert Aircraft Engines GmbH Service Bulletin (SB) No. TM TAE 125-
0021, dated June 9, 2010, or SB No. TM TAE 125-1011 P1, dated June 
9, 2010, into any engine.

FAA AD Differences

    (f) This AD differs from the Mandatory Continuing Airworthiness 
Information (MCAI) and/or service information as follows:
    (1) EASA AD 2010-0111-E, dated June 10, 2010 (corrected June 11, 
2010) has separate compliance times for engines installed on twin-
engine airplanes. This AD does not.
    (2) EASA AD 2010-0111-E, dated June 10, 2010 (corrected June 11, 
2010) allows a single ferry flight with conditions. This AD does 
not.

Alternative Methods of Compliance (AMOCs)

    (g) 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

    (h) Refer to MCAI EASA AD 2010-0111-E, dated June 10, 2010 
(corrected June 11, 2010), for related information.
    (i) 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, for more information 
about this AD.

Material Incorporated by Reference

    (j) You must use Thielert Aircraft Engines GmbH Service Bulletin 
No. TM TAE 125-0021, dated June 9, 2010, or SB No. TM TAE 125-1011 
P1, also dated June 9, 2010, to identify the affected clutch 
assemblies requiring replacement by this AD.
    (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/ibr-locations.html.

    Issued in Burlington, Massachusetts, on August 16, 2010.
Peter A. White,
Assistant Manager, Engine and Propeller Directorate, Aircraft 
Certification Service.
[FR Doc. 2010-21058 Filed 8-24-10; 8:45 am]
BILLING CODE 4910-13-P
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