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[Federal Register: July 1, 2010 (Volume 75, Number 126)]
[Rules and Regulations]               
[Page 37990-37991]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jy10-2]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0102; Directorate Identifier 2010-NE-09-AD; 
Amendment 39-16341; AD 2010-13-10]
RIN 2120-AA64

 
Airworthiness Directives; Ontic Engineering and Manufacturing, 
Inc. Propeller Governors, Part Numbers C210776, T210761, D210760, and 
J210761

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain serial numbers (S/Ns) of Ontic Engineering and Manufacturing, 
Inc. propeller governors, part numbers (P/Ns) C210776, T210761, 
D210760, and J210761. This AD requires removal of the affected 
propeller governors from service. This AD results from three reports 
received of failed propeller governors. We are issuing this AD to 
prevent loss of propeller pitch control, damage to the propeller 
governor, and internal damage to the engine, which could prevent 
continued safe flight or safe landing.

DATES: This AD becomes effective August 5, 2010. The Director of the 
Federal Register approved the incorporation by reference of certain 
publications listed in the regulations as of August 5, 2010.

ADDRESSES: 
    You can get the service information identified in this AD from 
Ontic Engineering and Manufacturing, Inc., 20400 Plummer Sreet, 
Chatsworth, CA 91311, e-mail: Bill.nolan@ontic.com; telephone (818) 
725-2323; fax (818) 725-2535; or e-mail: Susan.hunt@ontic.com; 
telephone (818) 725-2121; fax (818) 725-2535, or on the Web at http://www.ontic.com/pdf/SB-DES-353_Rev_A.pdf.
    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: Roger Pesuit, Aerospace Engineer, Los 
Angeles Aircraft Certification Office, FAA, Transport Airplane 
Directorate, 3960 Paramount Blvd., Lakewood, CA 90712; e-mail: 
roger.pesuit@faa.gov; telephone (562) 627-5251, fax (562) 627-5210.

SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR part 39 
with a proposed AD. The proposed AD applies to certain S/Ns of Ontic 
Engineering and Manufacturing, Inc. propeller governors, P/Ns C210776, 
T210761, D210760, and J210761. We published the proposed AD in the 
Federal Register on March 15, 2010 (75 FR 12148). That action proposed 
to require removal of the affected propeller governors from service.

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 provided in 
the ADDRESSES section. Comments will be available in the AD docket 
shortly after receipt.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We received no comments on the proposal or on 
the determination of the cost to the public.

Conclusion

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

Costs of Compliance

    We estimate that this AD will affect 45 propeller governors 
installed on airplanes of U.S. registry. We also estimate that it will 
take about four work-hours per airplane to perform the actions, and 
that the average labor rate is $85 per work-hour. Required repair parts 
will cost about $842 per propeller governor. Based on these figures, we 
estimate the total cost of the AD to U.S. operators to be $83,790. Our 
cost estimate is exclusive of possible warranty coverage.

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 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 that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under 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 summary of the costs to comply with this AD and 
placed it in the AD Docket. You may get a copy of this summary at the 
address listed under ADDRESSES.

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 Federal Aviation Administration amends 14 CFR part 39 as follows:

[[Page 37991]]

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 airworthiness 
directive:

2010-13-10 Ontic Engineering and Manufacturing, Inc.: Amendment 39-
16341. Docket No. FAA-2010-0102; Directorate Identifier 2010-NE-09-
AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective August 
5, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Ontic Engineering and Manufacturing, Inc. 
propeller governors, part numbers (P/Ns) C210776, T210761, D210760, 
and J210761, as listed by serial number on pages 3 and 4 of Ontic 
Engineering and Manufacturing, Inc. Mandatory Service Bulletin (MSB) 
No. SB-DES-353, Revision A, dated December 16, 2009.
    (d) These propeller governors are installed on, but not limited 
to, American Champion Aircraft Corporation Model 7GCAA (governor P/N 
T210761), Diamond Aircraft Industries, Inc. Model DA-40 (governor P/
N C210776), Hawker Beechcraft Model A36 (governor P/N D210760), and 
Industria Aeronautica Neiva S/A (subsidiary of Embraer) model EMB-
202A (governor P/N J210761) airplanes.

Unsafe Condition

    (e) This AD results from three reports received of failed 
propeller governors. We are issuing this AD to prevent loss of 
propeller pitch control, damage to the propeller governor, and 
internal damage to the engine, which could prevent continued safe 
flight or safe landing.

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within 100 flight hours after the effective date of 
this AD, unless the actions have already been done.
    (g) Remove affected propeller governors from service.
    (h) After the effective date of this AD, do not install an 
affected propeller governor unless it has been inspected, repaired, 
and permanently marked with ``SB-DES-353 Rev. A Date * * * .'' near 
the data plate, by Ontic Engineering and Manufacturing, Inc.

Alternative Methods of Compliance

    (i) The Manager, Los Angeles Aircraft Certification Office, has 
the authority to approve alternative methods of compliance for this 
AD if requested using the procedures found in 14 CFR 39.19.

Related Information

    (j) Contact Roger Pesuit, Aerospace Engineer, Los Angeles 
Aircraft Certification Office, FAA, Transport Airplane Directorate, 
3960 Paramount Blvd., Lakewood, CA 90712; e-mail: 
roger.pesuit@faa.gov; telephone (562) 627-5251, fax (562) 627-5210, 
for more information about this AD.

Material Incorporated by Reference

    (k) You must use Ontic Engineering and Manufacturing, Inc. 
Mandatory Service Bulletin No. SB-DES-353, Revision A, dated 
December 16, 2009, to identify the serial numbers of propeller 
governors affected by this AD. The Director of the Federal Register 
approved the incorporation by reference of this service bulletin in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Ontic 
Engineering and Manufacturing, Inc., 20400 Plummer Street, 
Chatsworth, CA 91311, e-mail: Bill.nolan@ontic.com; telephone (818) 
725-2323; fax (818) 725-2535; or e-mail: Susan.hunt@ontic.com; 
telephone (818) 725-2121; fax (818) 725-2535, or on the Web at 
http://www.ontic.com/pdf/SB-DES-353_Rev_A.pdf, for a copy of this 
service information. 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 June 16, 2010.
Diane S. Romanosky,
Acting Manager, Engine and Propeller Directorate, Aircraft 
Certification Service.

[FR Doc. 2010-15295 Filed 6-30-10; 8:45 am]
BILLING CODE 4910-13-P
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