### 33660 Federal Register / Vol. 76, No. 111 / Thursday, June 9, 2011 / Proposed Rules

Model CL–600–2D24 (Regional Jet Series 900) airplanes on the pitot and static lines of the ADC, on any airplane.
Credit for Actions Accomplished in Accordance With Previous Service Information

(i) Replacing water accumulator assemblies in accordance with Bombardier Service Bulletin 670BA–34–147, dated April 1, 2009; or Revision A, dated November 3, 2009; before the effective date of this AD is acceptable for compliance with the corresponding replacement required by paragraph (g)(1) of this AD.

(j) Replacing water accumulator assemblies in accordance with Bombardier Service Bulletin 670BA–34–030, dated April 1, 2009; or Revision A, dated November 3, 2009; (for Model CL–600–2C10, CL–600–2D15, and CL– 600–2D24 airplanes), before the effective date of this AD, is acceptable for compliance with the corresponding replacement required by paragraph (g)(2) of this AD.

FAA AD Differences

Note 1: This AD differs from the MCAI and/or service information as follows: No differences.

Other FAA AD Provisions

(k) The following provisions also apply to this AD:

(1) Alternative Methods of Compliance (AMOCs): The Manager, New York Aircraft Certification Office (ACO), ANE–170, 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 ATTN: Program Manager, Continuing Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590; telephone: 516–228–7300; fax: 516–794–5531. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. The AMOC approval letter must specifically reference this AD.

(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.

Related Information

(l) Refer to MCAI Transport Canada Civil Aviation Airworthiness Directive CF–2010– 37, dated October 28, 2010; Bombardier Service Bulletin 601R–34–147, Revision B, dated March 8, 2011; and Bombardier Service Bulletin 670BA–34–030, Revision B, dated March 23, 2010; for related information. Issued in Renton, Washington, on May 31,
2011. Jeffrey E. Duven, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2011–14348 Filed 6–8–11; 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]** 

**RIN 2120–AA64**

**Airworthiness Directives; Austro Engine GmbH Model E4 Diesel Piston**  **Engines**

**AGENCY :**  Federal Aviation Administration (FAA), DOT.

**ACTION :**  Notice of proposed rulemaking (NPRM).

**SUMMARY :**  We propose to supersede an existing airworthiness directive (AD) that applies to the products listed above. The existing AD currently requires frequent inspections of the fuel pressure supply for excessive oscillations to determine if high-pressure fuel pumps have been exposed to damaging pressure oscillations. Pumps that have been exposed require replacement before further flight. Since we issued that AD, Austro Engine, the manufacturer of the pump, introduced a new part number (P/N) fuel pump as mandatory terminating action to the repetitive inspections. This proposed AD would require the initial and repetitive inspections of AD 2010–23– 09, but would also require installing HP fuel pump P/N E4A–30–200–000, as mandatory terminating action to the repetitive inspections. We are proposing this AD to prevent engine power loss or in-flight shutdown, which could result in loss of control of the airplane.

**DATES :**  We must receive comments on this proposed AD by July 25, 2011.

**ADDRESSES :**  You may send comments 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: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this AD, contact Austro Engine GmbH, Rudolf-Diesel-Strasse 11, A–2700 Weiner Neustadt, Austria, phone: +43 2622 23000; fax: +43 2622 23000–2711, or go to: http://www.austroengine.at. You may review copies of the referenced service information at the FAA, Engine & Propeller Directorate, 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 proposed 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 :**  James Lawrence, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; phone: 781–238–7176; fax: 781– 238–7199; e-mail: james.lawrence@faa.gov.

**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–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 proposed AD. We will consider all comments received by the closing date and may amend this proposed 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 proposed AD.

Discussion

On October 27, 2010, we issued AD 2010–23–09, Amendment 39–16498 (75 FR 68179, November 5, 2010), for Austro Engine GmbH model E4 diesel


### 33661 Federal Register / Vol. 76, No. 111 / Thursday, June 9, 2011 / Proposed Rules

piston engines. That AD requires frequent inspections of the fuel pressure supply for excessive oscillations to determine if high-pressure fuel pumps have been exposed to damaging pressure oscillations. Pumps that have been exposed require replacement before further flight. That AD resulted from the European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, issuing emergency AD 2010–0206–E, dated October 8, 2010 to correct that same unsafe condition. We issued our AD to prevent engine power loss or in-flight shutdown, which could result in loss of control of the airplane. Actions Since Existing AD Was Issued

Since we issued AD 2010–23–09, EASA issued AD 2011–0039, dated March 8, 2011, adding a terminating action on Austro Engine GmbH model E4 diesel piston engines.

Relevant Service Information

We reviewed Austro Engine GmbH Work Instruction No. WI–MSB–E4–009, dated October 7, 2010, and Austro Engine GmbH Mandatory Service Bulletin No. MSB–E4–009/2, dated March 4, 2011. The actions described in this service information are intended to prevent engine power loss or in-flight shutdown, which could result in loss of control of the airplane.

FAA’s Determination

We are proposing 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. Proposed AD Requirements

This proposed AD would retain all the requirements of AD 2010–23–09, and require installing HP fuel pump P/N E4A–30–200–000, as mandatory terminating action to the repetitive inspections. Costs of Compliance

Based on the service information, we estimate that this proposed AD will affect about 32 model E4 diesel piston engines, installed on airplanes of U.S. registry. We also estimate that it will take about 1 work-hour per engine to perform one inspection, and about 2 work-hours per engine to replace the HP fuel pump. The average labor rate is $85 per work-hour. Required parts will cost about $2,325 per product. Based on these figures, we estimate the cost of the AD on U.S. operators to be $82,560. 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 have 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 that the 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),

(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. 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 removing airworthiness directive (AD) 2010–23–09, Amendment 39–16498 (75 FR 68179, November 5, 2010), and adding the following new AD:
Austro Engine GmbH: Docket No. FAA– 2010–1055; Directorate Identifier 2010– NE–35–AD.

Comments Due Date

(a) The FAA must receive comments on this AD action by July 25, 2011.

Affected ADs

(b) This AD supersedes AD 2010–23–09, Amendment 39–16498.
Applicability

(c) This AD applies to Austro Engine GmbH model E4 diesel piston engines, with high-pressure (HP) fuel pump, part number (P/N) E4A–30–100–000, installed.

Unsafe Condition

(d) This AD was prompted by Austro Engine GmbH introducing a new P/N fuel pump as mandatory terminating action to the repetitive inspections required by AD 2010– 23–09, Amendment 39–16498. We are issuing this AD to prevent engine power loss or in-flight shutdown, which could result in loss of control of the airplane.
Compliance

(e) Comply with this AD within the compliance times specified, unless already done.

(1) Inspect the fuel pressure supply for excessive oscillations using the inspection schedule in Table 1 of this AD.



### TABLE 

### 1—I NSPECTION 

### S CHEDULE

Accumulated TimeSince-New (TSN) orTime Since Last Inspection (TSLI): Compliance time:

45 flight hours or

more. Within 10 flight hours after the effective date of this AD. Fewer than 45 flight

hours. Before 55 flight hours TSN or TSLI. Repetitive inspections Before 55 flight hours TSLI.

(2) Use Austro Engine GmbH Work Instruction No. WI–MSB–E4–009, dated October 7, 2010, to do the inspections.

(3) Replace the HP fuel pump before further flight with a new HP fuel pump, P/N E4A–30–200–000, if the oscillations exceed 300mV (750hPa).
Mandatory Terminating Action

(4) As mandatory terminating action to the repetitive inspections, within 120 flight hours after the effective date of this AD, replace the HP fuel pump, P/N E4A–30–100– 000, with an HP fuel pump, P/N E4A–30– 200–000. Austro Engine GmbH Mandatory Service Bulletin (MSB) No. MSB–E4–009/2 contains guidance on replacing the HP fuel
pump.


### 33662 Federal Register / Vol. 76, No. 111 / Thursday, June 9, 2011 / Proposed Rules

Installation Prohibitions

(f) After the effective date of this AD, do not install any HP fuel pump P/N E4A–30– 100–000, onto any engine.

(g) After the effective date of this AD, do not install any engine equipped with HP fuel pump P/N E4A–30–100–000, onto any airplane.
Alternative Methods of Compliance (AMOCs)

(h) 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

(i) Refer to MCAI European Aviation Safety Agency Airworthiness Directive 2011–0039, dated March 8, 2011, Austro Engine GmbH Work Instruction No. WI–MSB–E4–009, dated October 7, 2010, and Austro Engine GmbH MSB No. MSB–E4–009/2, dated March 4, 2011, for related information. For a copy of this service information, contact Austro Engine GmbH, Rudolf-Diesel-Strasse 11, A–2700 Weiner Neustadt, Austria, phone: +43 2622 23000; fax: +43 2622 23000–2711, or go to: http://www.austroengine.at. For information on the availability of this material at the FAA, call 781–238–7125.

(j) For more information about this AD, contact James Lawrence, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; phone: (781) 238–7176; fax: (781) 238–7199; e-mail: james.lawrence@faa.gov.

Issued in Burlington, Massachusetts, on June 2, 2011. Peter A. White, Acting Manager, Engine & Propeller Directorate, Aircraft Certification Service.
[FR Doc. 2011–14235 Filed 6–8–11; 8:45 am]

**BILLING CODE 4910–13–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Part 52**

**[EPA–R04–OAR–2009–0786–201033; FRL– 9317–6]** 

**Approval and Promulgation of Air Quality Implementation Plans; State of**  **Tennessee; Regional Haze State Implementation Plan** 

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Proposed rule.

**SUMMARY :**  EPA is proposing a limited approval and a limited disapproval of a revision to the Tennessee State Implementation Plan (SIP) submitted by the State of Tennessee through the Tennessee Department of Environment and Conservation (TDEC) on April 4, 2008, that addresses regional haze for the first implementation period. This revision addresses the requirements of the Clean Air Act (CAA) and EPA’s rules that require states to prevent any future and remedy any existing anthropogenic impairment of visibility in mandatory Class I areas caused by emissions of air pollutants from numerous sources located over a wide geographic area (also referred to as the

‘‘regional haze program’’ ). States are required to assure reasonable progress toward the national goal of achieving natural visibility conditions in Class I areas. EPA is proposing a limited approval of this SIP revision to implement the regional haze requirements for Tennessee on the basis that the revision, as a whole, strengthens the Tennessee SIP. Also in this action, EPA is proposing a limited disapproval of this same SIP revision because of the deficiencies in the State’s April 2008 regional haze SIP submittal arising from the remand by the U.S. Court of Appeals for the District of Columbia (DC Circuit) to EPA of the Clean Air Interstate Rule (CAIR).

**DATES :**  Comments must be received on or before July 11, 2011.

**ADDRESSES :**  Submit your comments, identified by Docket ID No. EPA–R04– OAR–2009–0786, by one of the following methods:

1. http://www.regulations.gov: Follow the on-line instructions for submitting
comments.

2. E-mail: spann.jane@epa.gov.
3. Fax: 404–562–9029.
4. Mail: EPA–R04–OAR–2009–0786, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960.

5. Hand Delivery or Courier: Jane Spann, Acting Chief, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. Such deliveries are only accepted during the Regional Office’s normal hours of operation. The Regional Office’s official hours of business are Monday through Friday, 8:30 to 4:30, excluding Federal holidays.

Instructions: Direct your comments to Docket ID No. ‘‘EPA–R04–OAR–2009–
0786. ’’ EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at: http://www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit through http://www.regulations.gov or e-mail, information that you consider to be CBI or otherwise protected. The http://www.regulations.gov Web site is

an ‘‘ anonymous access ’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through http:// www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA’s public docket visit the EPA Docket Center homepage at http:// www.epa.gov/epahome/dockets.htm.

Docket: All documents in the electronic docket are listed in the http://www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in http:// www.regulations.gov or in hard copy at the Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. EPA requests that if at all possible, you contact the person listed in the **FOR**
**FURTHER INFORMATION CONTACT** section to schedule your inspection. The Regional Office’s official hours of business are Monday through Friday, 8:30 to 4:30, excluding Federal holidays.

**FOR FURTHER INFORMATION CONTACT :**  Sara Waterson or Michele Notarianni, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency,