```

[Federal Register Volume 75, Number 35 (Tuesday, February 23, 2010)]
[Proposed Rules]
[Pages 7996-7998]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3484]

[[Page 7996]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0201; Directorate Identifier 2008-NE-47-AD]
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: Supplemental Notice of proposed rulemaking (NPRM); reopening of 
comment period.

-----------------------------------------------------------------------

SUMMARY: This supplemental NPRM revises an earlier proposed 
airworthiness directive (AD) for the products listed above. This 
proposed AD results from additional 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 proposing this AD to prevent engine in-flight 
shutdown, possibly resulting in reduced control of the aircraft.

DATES: We must receive comments on this proposed AD by March 25, 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: Docket Management Facility, 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 proposed 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: 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:

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-2009-0201; 
Directorate Identifier 2008-NE-47-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 based on 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 proposed 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).

Discussion

    EASA, which is the Technical Agent for the Member States of the 
European Community, has issued AD 2009-0224, dated October 20, 2009, AD 
2009-0193, dated August 27, 2009, and AD 2009-0193R1, dated December 1, 
2009 (referred to after this as ``the MCAIs''), to correct an unsafe 
condition for the specified products. These MCAIs state:

    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 PPRV 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 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.

Since we issued the original proposed AD on April 13, 2009 (74 FR 
17795, April 17, 2009):
     TAE has identified the gearbox as the primary source of 
vibrations causing the failures of the propeller control valves.
     EASA revised AD 2008-0145 with AD 2008-0145R1, which 
reduced the applicability to cover only TAE 125-01 engines, superseded 
AD 2008-0145R1 with AD 2009-0193, and revised that AD with AD 2009-
0193R1. AD 2009-0193R1 requires, for TAE 125-01 engines, initial and 
repetitive replacements of the PPRV, inspection of the electrical 
connectors of the PPRV and replacement of the connectors if damaged, 
installation of a vibration isolator between the engine gearbox and the 
propeller's constant speed unit, replacement of the aluminum pipe that 
connects the PPRV to the constant speed unit with a flexible hose, and 
replacement of the de-icing nozzle bracket with a redesigned bracket.
     EASA also issued AD 2009-0151 and superseded it with AD 
2009-0224, which requires for TAE 125-02-99 engines, initial and 
repetitive replacements of the PPRV, and installation of a vibration 
isolator between the engine gearbox and the propeller's constant speed 
unit.

You may obtain further information by examining the MCAIs in the AD 
docket.

Relevant Service Information

    Thielert Aircraft Engines GmbH has issued Service Bulletin (SB) No. 
TM TAE 125-1007 P1, Revision 2, dated April 29, 2009, SB No. TM TAE 
125-1009 P1, Revision 3, dated October 14,

[[Page 7997]]

2009, SB No. TM TAE 125-0018, Revision 1, dated November 12, 2008, and 
SB No. TM TAE 125-0020, Revision 1, dated November 25, 2009. The 
actions described in this service information are intended to correct 
the unsafe condition identified in the MCAI.

Differences Between This Proposed AD and the MCAI

    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.

FAA's Determination and Requirements of This Proposed 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, EASA has notified us of the unsafe 
condition described in the MCAI. We are proposing 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 proposed AD would require initial and 
repetitive replacements of the PPRV and installation of a vibration 
isolator to the gearbox assembly.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would 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 would 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 would cost about $275 per product. Based on these 
figures, we estimate the cost of the proposed 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 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 this 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); 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 proposed 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.

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.

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Thielert Aircraft Engines GmbH: Docket No. FAA-2009-0201; 
Directorate Identifier 2008-NE-47-AD.

Comments Due Date

    (a) We must receive comments by March 25, 2010.

Affected Airworthiness Directives (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.

[[Page 7998]]

    (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) Refer to Thielert SB No. TM TAE 125-1007 P1, Revision 2, 
dated April 29, 2009, and Thielert SB No. TM TAE 125-1009 P1, 
Revision 3, dated October 14, 2009 (TAE 125-02-99), for related 
information.
    (k) Refer to Thielert SB No. TM TAE 125-0018, Revision 1, dated 
November 12, 2008, and Thielert SB No. TM TAE 125-0020, Revision 1, 
dated November 25, 2009 (TAE 125-01), for related information.
    (l) Contact Thielert Aircraft Engines GmbH, Platanenstrasse 14 
D-09350, Lichtenstein, Germany, telephone: +49-37204-696-0; fax: 
+49-37204-696-2912; e-mail: engines.com">info@centurion-engines.com, for a copy 
of the service information referenced in this AD.
    (m) 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.

    Issued in Burlington, Massachusetts, on February 16, 2010.
Francis A. Favara,
Manager, Engine and Propeller Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-3484 Filed 2-22-10; 8:45 am]
BILLING CODE 4910-13-P
```