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[Federal Register: June 8, 2010 (Volume 75, Number 109)]
[Rules and Regulations]               
[Page 32253-32255]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jn10-2]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0201; Directorate Identifier 2008-NE-47-AD; 
Amendment 39-16314; AD 2010-11-09]
RIN 2120-AA64

 
Airworthiness Directives; Thielert Aircraft Engines GmbH (TAE) 
Models TAE 125-01 and TAE 125-02-99 Reciprocating Engines Installed in, 
but Not Limited to, Diamond Aircraft Industries Model DA 42 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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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:

    Engine in-flight shutdown incidents have been reported on 
Diamond Aircraft Industries DA 42 airplanes equipped with TAE 125 
engines. The investigations showed that it was mainly the result of 
failure of the Proportional Pressure Reducing Valve (PPRV) (also 
known as Propeller Control Valve) due to high vibrations. This 
condition, if not corrected, could lead to further cases of engine 
in-flight shutdown, possibly resulting in reduced control of the 
aircraft.
    Since the release of European Aviation Safety Agency (EASA) AD 
2008-0145, the engine gearbox has been identified as the primary 
source of vibrations for the PPRV, and it has also been determined 
that failure of the electrical connection to the PPRV could have 
contributed to some power loss events or in-flight shutdowns.

We are issuing this AD to prevent engine in-flight shutdown, possibly 
resulting in reduced control of the aircraft.

DATES: This AD becomes effective July 13, 2010. The Director of the 
Federal Register approved the incorporation by reference of certain 
publications listed in this AD as of July 13, 2010.

ADDRESSES: The Docket Operations office is located at Docket Management 
Facility, U.S. Department of Transportation, 1200 New Jersey Avenue, 
SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-
0001.

FOR FURTHER INFORMATION CONTACT: Tara Chaidez, Aerospace Engineer, 
Engine Certification Office, FAA, Engine and Propeller Directorate, 12 
New England Executive Park, Burlington, MA 01803; e-mail: 
tara.chaidez@faa.gov; telephone (781) 238-7773; fax (781) 238-7199.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) and a supplemental 
NPRM to amend 14 CFR part 39 to include an AD that would apply to the 
specified products. That NPRM was published in the Federal Register on 
April 17, 2009 (74 FR 17795) and that supplemental NPRM was published 
in the Federal Register on February 23, 2010 (75 FR 7996). That 
supplemental NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states that:

    Engine in-flight shutdown incidents have been reported on 
Diamond Aircraft Industries DA 42 airplanes equipped with TAE 125 
engines. The investigations showed that it was mainly the result of 
failure of the Proportional Pressure Reducing Valve (PPRV) (also 
known as Propeller Control Valve) due to high vibrations. This 
condition, if not corrected, could lead to further cases of engine 
in-flight shutdown, possibly resulting in reduced control of the 
aircraft.
    Since the release of European Aviation Safety Agency (EASA) AD 
2008-0145, the engine gearbox has been identified as the primary 
source of vibrations for the PPRV, and it has also been determined 
that failure of the electrical connection to the PPRV could have 
contributed to some power loss events or in-flight shutdowns.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the supplemental NPRM or on the 
determination of the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAIs and, in general, agree with their 
substance. But we have found it necessary to not reference the second 
paragraph of the unsafe condition from EASA AD 2009-0224. That sentence 
stated that the problem has only manifested itself on those Thielert 
engines installed on Diamond Aircraft Industries DA 42 aircraft. The 
affected engines which require a PPRV could be used on other make and 
model airplanes in the future.
    We also did not incorporate the February 28, 2010 compliance date 
which is in EASA AD 2009-0193R1, or the January 31, 2010 compliance 
date which is in EASA AD 2009-0224.

Costs of Compliance

    Based on the service information, we estimate that this AD will 
affect about 300 TAE 125-01 and TAE 125-02-99 reciprocating engines 
installed in Diamond Aircraft Industries Model DA 42 airplanes of U.S. 
registry. We also estimate that it will take about 0.25 work-hour per 
engine to replace a PPRV and install a vibration isolator to the 
gearbox assembly. The average labor rate is $85 per work-hour. Required 
parts will cost about $275 per product. Based on these figures, we 
estimate the cost of the AD on U.S. operators to be $88,875.

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.

[[Page 32254]]

    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.

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 (phone (800) 647-5527) is provided in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

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:

2010-11-09 Thielert Aircraft Engines GmbH: Amendment 39-16314. 
Docket No. FAA-2009-0201; Directorate Identifier 2008-NE-47-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective July 13, 
2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Thielert Aircraft Engines GmbH (TAE) 
models TAE 125-01 and TAE 125-02-99 reciprocating engines designated 
with part number (P/N) 05-7200-K000301 or 02-7200-1401R1. The 
engines are installed on, but not limited to, Diamond Aircraft 
Industries Model DA 42 airplanes.

Reason

    (d) Engine in-flight shutdown incidents have been reported on 
Diamond Aircraft Industries DA 42 airplanes equipped with TAE 125 
engines. The investigations showed that it was mainly the result of 
failure of the Proportional Pressure Reducing Valve (PPRV) (also 
known as Propeller Control Valve) due to high vibrations. This 
condition, if not corrected, could lead to further cases of engine 
in-flight shutdown, possibly resulting in reduced control of the 
aircraft.
    Since the release of European Aviation Safety Agency (EASA) AD 
2008-0145, the engine gearbox has been identified as the primary 
source of vibrations for the PPRV, and it has also been determined 
that failure of the electrical connection to the PPRV could have 
contributed to some power loss events or in-flight shutdowns.

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:

TAE 125-02-99 Reciprocating Engines

    (1) For TAE 125-02-99 reciprocating engines with engine P/N 05-
7200-K000301, within 55 flight hours after the effective date of 
this AD:
    (i) Replace the existing PPRV with PPRV, P/N 05-7212-E002801. 
Use paragraphs A. through B. of Thielert Service Bulletin (SB) No. 
TM TAE 125-1007 P1, Revision 2, dated April 29, 2009, to do the 
replacement.
    (ii) Install a vibration isolator, P/N 05-7212-K022302, to the 
gearbox assembly. Use paragraphs 1 through 20 of Thielert SB No. TM 
TAE 125-1009 P1, Revision 3, dated October 14, 2009, to do the 
installation.

Repetitive PPRV Replacements

    (2) Thereafter, within every 300 flight hours, replace the PPRV, 
P/N 05-7212-E002801, with the same P/N PPRV.

TAE 125-01 Reciprocating Engines

    (3) For TAE 125-01 reciprocating engines with engine P/N 02-
7200-1401R1, within 55 flight hours after the effective date of this 
AD:
    (i) Replace the existing PPRV with a PPRV, P/N NM-0000-0124501 
or P/N 05-7212-K021401. Use paragraph 1 of Thielert SB No. TM TAE 
125-0018, Revision 1, dated November 12, 2008, to do the 
replacement.
    (ii) Inspect the electrical connectors of the PPRV and replace 
the connectors if damaged, and install a vibration isolator, P/N 05-
7212-K023801, to the gearbox assembly. Use paragraphs 1 through 27 
of Thielert SB No. TM TAE 125-0020, Revision 1, dated November 25, 
2009, to do the inspection and installation.

Repetitive PPRV Replacements

    (4) Thereafter, within every 300 flight hours, replace the PPRV 
with a PPRV, P/N NM-0000-0124501 or P/N 05-7212-K021401.

FAA Differences

    (f) We have found it necessary to not reference the second 
paragraph of the unsafe condition from the MCAI EASA AD 2009-0224. 
That sentence stated that the problem has only manifested itself on 
those Thielert engines installed on Diamond Aircraft Industries DA 
42 aircraft. The affected engines which require a PPRV could be used 
on other make and model airplanes in the future.
    (g) We also did not reference the February 28, 2010 compliance 
date, which is in EASA AD 2009-0193R1, or the January 31, 2010 
compliance date which is in EASA AD 2009-0224.

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 EASA AD 2009-0224, dated October 20, 2009 (TAE 125-
02-99), and EASA AD 2009-0193R1, dated December 1, 2009 (TAE 125-
01), for related information.
    (j) Contact Tara Chaidez, Aerospace Engineer, Engine 
Certification Office, FAA, Engine and Propeller Directorate, 12 New 
England Executive Park, Burlington, MA 01803; e-mail: 
tara.chaidez@faa.gov; telephone (781) 238-7773; fax (781) 238-7199, 
for more information about this AD.

Material Incorporated by Reference

    (k) You must use the service information specified in Table 1 of 
this AD 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 
Thielert Aircraft Engines GmbH, Platanenstrasse 14 D-09350, 
Lichtenstein, Germany, telephone: +49-37204-696-0; fax: +49-37204-
696-2912; 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.

[[Page 32255]]

                                   Table 1--Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
    Thielert Service Bulletin No.               Page              Revision                    Date
----------------------------------------------------------------------------------------------------------------
TM TAE 125-1007 P1..................  ALL....................               2  April 29, 2009.
    Total Pages: 4
TM TAE 125-1009 P1..................  ALL....................               3  October 14, 2009.
    Total Pages: 26
TM TAE 125-0018.....................  ALL....................               1  November 12, 2008.
    Total Pages: 2
TM TAE 125-0020, including Annexes A  ALL....................               1  November 25, 2009.
 and B.
    Total Pages: TM TAE 125-0020,
     42; Annex A, 3; Annex B, 4
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    Issued in Burlington, Massachusetts, on May 19, 2010.
Tracy Murphy,
Acting Manager, Engine and Propeller Directorate, Aircraft 
Certification Service.
[FR Doc. 2010-12540 Filed 6-7-10; 8:45 am]
BILLING CODE 4910-13-P
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