### 52240 Federal Register / Vol. 75, No. 164 / Wednesday, August 25, 2010 / Rules and Regulations

in the AFM, provided the relevant information in the general revision is identical to that in the operational bulletin, and the operational bulletin can be removed.

FAA AD Differences

Note 2: This AD differs from the MCAI and/or service information as follows: No differences.

Other FAA AD Provisions

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

(1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM–116, Transport Airplane Directorate, 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: Cindy Ashforth, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 227–2768; fax (425) 227–1149. Before using any approved AMOC on any airplane to which the AMOC applies, notify your principal maintenance inspector (PMI) or principal avionics inspector (PAI), as appropriate, or lacking a principal inspector, your local Flight Standards 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 FAAapproved 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 approved the information collection requirements and has assigned OMB Control Number 2120–0056.

Related Information

(i) Refer to MCAI Brazilian Airworthiness Directives 2010–07–02 and 2010–07–03, both effective July 31, 2010; and EMBRAER Operational Bulletin 170–001/09, Revision 1, dated February 10, 2010; for related information.
Material Incorporated by Reference

(j) You must use EMBRAER Operational Bulletin 170–001/09, Revision 1, dated February 10, 2010, 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 Empresa Brasileira de Aeronautica S.A. (EMBRAER), Technical Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170—Putim—12227–901 Sa  ̃ o Jose dos Campos—SP—BRASIL; telephone +55 12 3927–5852 or +55 12 3309–0732; fax +55 12 3927–7546; e-mail distrib@ embraer.com.br; Internet: http:// www.flyembraer.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 NARA, 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 August 13, 2010. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2010–20841 Filed 8–24–10; 8:45 am]

**BILLING CODE 4910–13–P**

**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.

**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.


### 52241 Federal Register / Vol. 75, No. 164 / Wednesday, August 25, 2010 / Rules and Regulations

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

■ 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:
2010–18–02 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.


### 52242 Federal Register / Vol. 75, No. 164 / Wednesday, August 25, 2010 / Rules and Regulations

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; email: 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 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**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 39**

**[Docket No. FAA–2010–0798; Directorate Identifier 2010–NM–174–AD; Amendment**  **39–16413; AD 2010–17–19]**

**RIN 2120–AA64**

**Airworthiness Directives; The Boeing Company Model 737–600, –700, –700C,**  **–800, –900, and –900ER Series Airplanes** 

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

**ACTION :**  Final rule; request for
comments.

**SUMMARY :**  The FAA is superseding an existing airworthiness directive (AD) that applies to all Model 737–600, –700, –700C, –800, –900, and –900ER series airplanes. The existing AD currentlyrequires, for certain airplanes, a onetime detailed inspection of the inboard and outboard aft attach lugs of the left and right elevator tab control mechanisms for discrepancies, and replacement of any discrepant elevator tab control mechanism. For certain other airplanes, the existing AD requires that the inspections be done repetitively. Replacing the elevator tab control mechanism with a new Boeingbuilt mechanism terminates the repetitive inspections in the existing AD. This new AD requires that modified repetitive inspections be done on all airplanes, regardless of accomplishment of the terminating action specified in the existing AD. This AD results from reports of failure of the aft attach lugs on the elevator tab control mechanisms, which resulted in severe elevator vibration. This AD also results from reports of gaps in elevator tab control mechanisms and analysis that additional elevator tab control mechanisms might have bearings that will come loose. We are issuing this AD to detect and correct discrepancies in the aft attach lugs of the elevator tab control mechanism, which could result in elevator and tab vibration. Consequent structural failure of the elevator or horizontal stabilizer could result in loss of structural integrity and aircraft control.

**DATES :**  This AD becomes effective September 9, 2010.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of September 9, 2010.

On April 29, 2010 (75 FR 21499, April 26, 2010), the Director of the Federal Register approved the incorporation by reference of a certain other publication listed in the AD.

We must receive any comments on this AD by October 12, 2010.

**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: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

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. Examining the AD Docket

You may examine the AD docket on the Internet at http://