Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Rules and Regulations 68179 

and –300 series airplanes, line numbers 1 

through 1050 inclusive, and all Model 767– 

200, –300, –300F, and –400ER series 

airplanes; certificated in any category. 

Subject 

(d) Joint Aircraft System Component 

(JASC)/Air Transport Association (ATA) of 

America Code 28: Fuel. 

Unsafe Condition 

(e) This AD was prompted by a report that 

the EICAS failed to alert the flightcrew of an 

improper fuel system configuration during 

flight. Later in that flight the EICAS failed to 

alert the flightcrew that the fuel in the leftand right-hand main tanks was depleted 

below the minimum of 2,200 pounds. We are 

issuing this AD to detect and correct a single 

latent failure of the FUEL CONFIG discrete 

signal, which disables both the FUEL 

CONFIG and LOW FUEL messages. Such 

failure, combined with a flightcrew error in 

configuring the fuel system, could lead to 

depletion of the fuel in the main tanks and 

possible flame out of both engines. A dual 

engine flame out could result in 

inaccessibility of the remaining fuel in the 

center tank due to loss of electrical power to 

the pumps, consequent unrecoverable dual 

engine shutdown, and forced landing of the 

airplane. 

Compliance 

(f) Comply with this AD within the 

compliance times specified, unless already 

done. 

Repetitive Tests 

(g) Within 100 flight hours after the 

effective date of this AD: Do a test for correct 

functioning of the EICAS to ensure that it 

receives both the LOW FUEL and FUEL 

CONFIG discrete signals from the fuel 

quantity processor unit, in accordance with 

the Accomplishment Instructions of Boeing 

Special Attention Service Bulletin 757–28– 

0121, dated August 18, 2010; or Boeing 

Special Attention Service Bulletin 767–28– 

0106, dated August 25, 2010; as applicable. 

Repeat the test thereafter at intervals not to 

exceed 100 flight hours. 

Corrective Actions If Necessary 

(h) If any test required by paragraph (g) of 

this AD fails, before further flight, 

troubleshoot to find any wire faults, and 

damaged equipment (including bent 

connector pins), in accordance with the 

Accomplishment Instructions of Boeing 

Special Attention Service Bulletin 757–28– 

0121, dated August 18, 2010; or Boeing 

Special Attention Service Bulletin 767–28– 

0106, dated August 25, 2010; as applicable. 

(i) If, during any troubleshooting required 

by paragraph (h) of this AD, any wire fault 

or damaged equipment (including bent 

connector pins) is found, before further 

flight, do the applicable actions specified in 

paragraph (i)(1) or (i)(2) of this AD. 

(1) For airplanes identified in Boeing 

Special Attention Service Bulletin 757–28– 

0121, dated August 18, 2010: Repair or 

replace affected wires and equipment 

(including bent connector pins), in 

accordance with the Accomplishment 

Instructions of Boeing Special Attention 

Service Bulletin 757–28–0121, dated August 

18, 2010. 

(2) For airplanes identified in Boeing 

Special Attention Service Bulletin 767–28– 

0106, dated August 25, 2010: Do corrective 

actions using a method approved by the 

Manager, Seattle Aircraft Certification Office 

(ACO), FAA. 

Note 1: Guidance on doing corrective 

actions can be found in Chapter 28, Subject 

28–41–00, Section July, of the Boeing 767 

Fault Isolation Manual (FIM). 

Alternative Methods of Compliance 

(AMOCs) 

(j)(1) The Manager, Seattle ACO, FAA, has 

the authority to approve AMOCs for this AD, 

if requested using the procedures found in 14 

CFR 39.19. In accordance with 14 CFR 39.19, 

send your request to your principal inspector 

or local Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the ACO, send it to the 

attention of the person identified in the 

Related Information section of this AD. 

Information may be e-mailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov. 

(2) Before using any approved AMOC, 

notify your Principal Maintenance Inspector 

or Principal Avionics Inspector, as 

appropriate, or lacking a principal inspector, 

your local Flight Standards District Office. 

Related Information 

(k) For more information about this AD, 

contact Tak Kobayashi, Aerospace Engineer, 

Propulsion Branch, ANM–140S, FAA, Seattle 

ACO, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

917–6499; fax (425) 917–6590; e-mail 

takahisa.kobayashi@faa.gov. 

Material Incorporated by Reference 

(l) You must use Boeing Special Attention 

Service Bulletin 757–28–0121, dated August 

18, 2010; or Boeing Special Attention Service 

Bulletin 767–28–0106, dated August 25, 

2010; as applicable; 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 Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P.O. Box 3707, MC 2H–65, 

Seattle, Washington 98124–2207; telephone 

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

5680; e-mail me.boecom@boeing.com; 

Internet https://www.myboeingfleet.com. 

(3) You may review copies of the 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. 

(4) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at an NARA facility, call 202–741– 

6030, or go to http://www.archives.gov/ 

federal_register/code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on October 

20, 2010. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–27610 Filed 11–4–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–1055; Directorate 

Identifier 2010–NE–35–AD; Amendment 39– 

16498; AD 2010–23–09] 

RIN 2120–AA64 

Airworthiness Directives; Austro 

Engine GmbH Model E4 Diesel Piston 

Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

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: 

Several power loss events have been 

reported, due to rail pressure control failures. 

Analyses have shown that high pressure (HP) 

fuel pumps failed as a result of pressure 

oscillations in the fuel supply line. 

We are issuing this AD to prevent 

engine power loss or in-flight shutdown, 

which could result in loss of control of 

the airplane. 

DATES: This AD becomes effective 

November 22, 2010. 

We must receive comments on this 

AD by December 6, 2010. 

The Director of the Federal Register 

approved the incorporation by reference 

of Austro Engine GmbH Work 

Instruction No. WI–MSB–E4–009, dated 

October 7, 2010, listed in the AD as of 

November 22, 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. 

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68180 Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Rules and Regulations 

• 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: 

James Lawrence, Aerospace Engineer, 

Engine Certification Office, FAA, Engine 

& Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803; 

e-mail: james.lawrence@faa.gov; 

telephone (781) 238–7176; 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 

Airworthiness Directive 2010–0206–E, 

dated October 8, 2010 (referred to after 

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

condition for the specified products. 

The MCAI states: 

Several power loss events have been 

reported, due to rail pressure control failures. 

Analyses have shown that high pressure (HP) 

fuel pumps failed as a result of pressure 

oscillations in the fuel supply line. 

Frequent inspections of the fuel 

pressure supply for excessive 

oscillations are required to determine if 

high-pressure fuel pumps have been 

exposed to damaging pressure 

oscillations. Pumps that have been 

exposed require replacement before 

further flight. We are issuing this AD to 

prevent engine power loss or in-flight 

shutdown, which could result in loss of 

control of the airplane. 

Relevant Service Information 

Austro Engine GmbH has issued Work 

Instruction No. WI–MSB–E4–009, dated 

October 7, 2010. 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 AD 

This product has been approved by 

the aviation authority of Austria and is 

approved for operation in the United 

States. Pursuant to our bilateral 

agreement with Austria, 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 initial and repetitive 

inspections of the fuel pressure supply 

for excessive oscillations and 

replacement before further flight of the 

high-pressure fuel pump if the fuel 

pressure supply oscillations are 

excessive. 

Interim Action 

We consider this AD interim action. 

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 short compliance 

time of within 10 flight hours, in the 

AD. 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–2010–1055; 

Directorate Identifier 2010–NE–35–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 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

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Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Rules and Regulations 68181 

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: 

2010–23–09 Austro Engine GmbH: 

Amendment 39–16498; Docket No. 

FAA–2010–1055; Directorate Identifier 

2010–NE–35–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective November 22, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Austro Engine 

GmbH model E4 diesel piston engines. These 

engines are installed on, but not limited to, 

Diamond Aircraft Industries DA 40 NG and 

DA 42 NG airplanes. 

Reason 

(d) Several power loss events have been 

reported, due to rail pressure control failures. 

Analyses have shown that high pressure (HP) 

fuel pumps failed as a result of pressure 

oscillations in the fuel supply line. 

We are issuing this AD to prevent engine 

power loss or in-flight shutdown, which 

could result in loss of control of the airplane. 

Actions and Compliance 

(e) Unless already done, do the following 

actions. 

(1) Inspect the fuel pressure supply for 

excessive oscillations using the inspection 

schedule in Table 1 of this AD. 

TABLE 1—INSPECTION SCHEDULE

Accumulated time-since-new: Compliance time: 

45 flight hours or more, on the effective date of this AD. ........................ Within 10 flight hours after the effective date of this AD. 

Fewer than 45 flight hours, on the effective date of this AD. .................. At the next scheduled 50 flight hour inspection.

Repetitive inspections. .............................................................................. At each 50 flight-hour scheduled inspection. 

(2) Replace the high-pressure fuel pump 

before further flight with a serviceable highpressure fuel pump if the oscillations exceed 

300mV (750hPa). 

(3) Use Austro Engine GmbH Work 

Instruction No. WI–MSB–E4–009, dated 

October 7, 2010, to do the inspections. 

FAA AD Differences 

(f) None. 

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 European Aviation 

Safety Agency Airworthiness Directive 2010– 

0206–E, dated October 8, 2010, and Austro 

Engine GmbH Mandatory Service Bulletin 

No. MSB–E4–009, dated October 7, 2010, for 

related information. Contact Austro Engine 

GmbH, Rudolf-Diesel-Strasse 11, A–2700 

Weiner Neustadt, Austria, telephone: +43 

2622 23000; fax: +43 2622 23000–2711, or go 

to: http://www.austroengine.at, for a copy of 

this service bulletin. 

(i) Contact James Lawrence, Aerospace 

Engineer, Engine Certification Office, FAA, 

Engine & Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803; e-mail: james.lawrence@faa.gov; 

telephone (781) 238–7176; fax (781) 238– 

7199, for more information about this AD. 

Material Incorporated by Reference 

(j) You must use Austro Engine GmbH 

Work Instruction No. WI–MSB–E4–009, 

dated October 7, 2010, to do the inspections 

required 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 Austro Engine GmbH, 

Rudolf-Diesel-Strasse 11, A–2700 Weiner 

Neustadt, Austria, telephone: +43 2622 

23000; fax: +43 2622 23000–2711, or go to: 

http://www.austroengine.at. 

(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 

October 27, 2010. 

Karen M. Grant, 

Acting Assistant Manager, Engine and 

Propeller Directorate, Aircraft Certification 

Service. 

[FR Doc. 2010–27609 Filed 11–4–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0279; Directorate 

Identifier 2009–NM–148–AD; Amendment 

39–16496; AD 2010–23–07] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A318, A319, A320, and A321 Series 

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) 

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: 

Surface defects were visually detected on 

the rudder of one A319 and one A321 inservice aeroplane. 

Investigation has determined that the 

defects reported on both rudders 

corresponded to areas that had been 

reworked in production. The investigation 

confirmed that the defects were a result of 

de-bonding between the skin and honeycomb 

core. 

An extended de-bonding, if not detected 

and corrected, may degrade the structural 

integrity of the rudder. The loss of the rudder 

leads to degradation of the handling qualities 

and reduces the controllability of the 

aeroplane. 

* * * * * 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective 

December 10, 2010. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of December 10, 2010. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at the 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: Tim 

Dulin, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

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