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[Federal Register Volume 78, Number 209 (Tuesday, October 29, 2013)]
[Rules and Regulations]
[Pages 64394-64396]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-25342]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1245; Directorate Identifier 2012-NE-41-AD; 
Amendment 39-17626; AD 2013-21-02]
RIN 2120-AA64

Airworthiness Directives; Lycoming Engines and Continental 
Motors, Inc. Reciprocating Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are superseding airworthiness directive (AD) 2012-24-09 for 
Lycoming Engines TIO-540-AK1A, and Continental Motors, Inc. (CMI) TSIO-
360-MB, TSIO-360-SB, and TSIO-360-RB reciprocating engines, with 
certain Hartzell Engine Technologies (HET) turbochargers, model TA0411, 
installed. AD 2012-24-09 required removing certain HET turbochargers 
from service before further flight. This AD also requires removing 
certain HET turbochargers from service before further flight. This AD 
was prompted by a report that an additional engine, the CMI LTSIO-360-
RB, has the affected HET turbochargers installed. We are issuing this 
AD to prevent turbocharger turbine wheel failure, reduction or complete 
loss of engine power, loss of engine oil, oil fire, and damage to the 
airplane.

DATES: This AD is effective November 13, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 20, 
2012 (77 FR 72203, December 5, 2012).
    We must receive any comments on this AD by December 13, 2013.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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.

[[Page 64395]]

and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Hartzell 
Engine Technologies, LLC, 2900 Selma Highway, Montgomery, AL 36108, 
phone: 334-386-5400; fax: 334-386-5450; Internet: http://www.hartzellenginetech.com. You may view this service information at the 
FAA, 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 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: Christopher Richards, Aerospace 
Engineer, Chicago Aircraft Certification Office, FAA, 2300 E. Devon 
Ave., Des Plaines, IL 60018; phone: 847-294-7156; fax: 847-294-7834; 
email: christopher.j.richards@faa.gov.

SUPPLEMENTARY INFORMATION: 

Discussion

    On November 29, 2012, we issued AD 2012-24-09, Amendment 39-17279 
(77 FR 72203, December 5, 2012), for Lycoming Engines TSIO-540-AK1A, 
and CMI TSIO-360-MB, TSIO-360-SB, and TSIO-360-RB reciprocating 
engines, with certain HET turbochargers, model TA0411, part numbers 
466642-0001; 466642-0002; 466642-0006; 466642-9001; 466642-9002; or 
466642-9006, or with certain HET model TA0411 turbochargers overhauled 
or repaired since August 29, 2012. On January 7, 2013, we issued a 
correction to AD 2012-24-09 (78 FR 2615, January 14, 2013), which 
corrected the affected Lycoming Engines engine model from ``TSIO-540-
AK1A'' to ``TIO-540-AK1A.'' AD 2012-24-09 required removing the 
affected turbochargers from service before further flight. AD 2012-24-
09 resulted from a report of a turbocharger turbine wheel that failed a 
static strength test at the manufacturing facility. We issued AD 2012-
24-09 to prevent turbocharger turbine wheel failure, reduction or 
complete loss of engine power, loss of engine oil, oil fire, and damage 
to the airplane.

Actions Since AD 2012-24-09 Was Issued

    Since we issued AD 2012-24-09 (77 FR 72203, December 5, 2012; 
corrected January 14, 2013 (78 FR 2615)), we received a report that an 
additional engine, the CMI LTSIO-360-RB, has the affected HET 
turbochargers installed.

FAA's Determination

    We are issuing 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.

AD Requirements

    This AD requires removing the affected turbochargers from service 
before further flight.

FAA's Justification and 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 the 
AD requires removal of the affected turbochargers before further 
flight. Therefore, we find that notice and opportunity for prior public 
comment are impracticable and that good cause exists for making this 
amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not provide you with notice and an opportunity to 
provide your comments before it becomes effective. However, we invite 
you to send any written data, views, or arguments about this AD. Send 
your comments to an address listed under the ADDRESSES section. Include 
``Docket No. FAA-2012-1245; Directorate Identifier 2012-NE-41-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 we 
receive about this AD.

Costs of Compliance

    We estimate that this AD affects 56 engines of U.S. registry with 
affected turbochargers installed. We also estimate that it will take 
about 4 hours to remove a turbocharger from service. The average labor 
rate is $85 per hour. Based on these figures, we estimate the total 
cost of this AD to U.S. operators to be $19,040.

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

    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),
    (3) Will not affect intrastate aviation in Alaska to the extent 
that it justifies making a regulatory distinction, 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.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends part 39 of the Federal Aviation 
Regulations (14 CFR part 39) as follows:

[[Page 64396]]

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 removing airworthiness directive (AD) 
2012-24-09, Amendment 39-17279 (77 FR 72203, December 5, 2012; 
corrected January 14, 2013 (78 FR 2615)) and adding the following new 
AD:

2013-21-02 Lycoming Engines and Continental Motors, Inc.: Amendment 
39-17626; Docket No. FAA-2012-1245; Directorate Identifier 2012-NE-
41-AD.

(a) Effective Date

    This AD is effective November 13, 2013.

(b) Affected ADs

    This AD supersedes AD 2012-24-09, Amendment 39-17279 (77 FR 
72203, December 5, 2012; corrected January 14, 2013 (78 FR 2615)).

(c) Applicability

    This AD applies to certain Lycoming Engines TIO-540-AK1A, and 
Continental Motors, Inc. (CMI) LTSIO-360-RB, TSIO-360-MB, TSIO-360-
SB, and TSIO-360-RB reciprocating engines with a Hartzell Engine 
Technologies (HET) turbocharger installed that has a model number, 
part number, and serial number identified in Tables 1 and 2 of HET 
Alert Service Bulletin (ASB) No. 048, dated November 16, 2012.

(d) Unsafe Condition

    This AD was prompted by a report that an additional engine, the 
CMI LTSIO-360-RB, has the affected HET turbochargers installed. We 
are issuing this AD to prevent turbocharger turbine wheel failure, 
reduction or complete loss of engine power, loss of engine oil, oil 
fire, and damage to the airplane.

(e) Compliance

    (1) Comply with this AD within the compliance times specified, 
unless already done.
    (2) After the effective date of this AD and before further 
flight, remove from service any turbocharger identified in Tables 1 
and 2 of HET ASB No. 048, dated November 16, 2012.

(f) Prohibitions

    After the effective date of this AD, do not return to service, 
and do not operate without a special flight permit, any engine with 
an HET turbocharger installed that is identified in Tables 1 and 2 
of HET ASB No. 048, dated November 16, 2012.

(g) Special Flight Permits

    Special flight permits are limited to when:
    (1) Ferry flights do not exceed three hours duration;
    (2) The turbocharger boost is set to ``Off'' in the cockpit (if 
equipped); and
    (3) The wastegate for the turbocharger is safety wired in the 
locked open position.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Chicago Aircraft Certification Office, FAA, may 
approve AMOCs for this AD. Use the procedures found in 14 CFR 39.19 
to make your request.
    (2) AMOCs approved for AD 2012-24-09 (77 FR 72203, December 5, 
2012; corrected January 14, 2013 (78 FR 2615)) remain in effect for 
this AD.

(i) Related Information

    For more information about this AD, contact Christopher 
Richards, Aerospace Engineer, Chicago Aircraft Certification Office, 
FAA, 2300 E. Devon Ave., Des Plaines, IL 60018; phone: 847-294-7156; 
fax: 847-294-7834; email: christopher.j.richards@faa.gov.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on 
December 20, 2012 (77 FR 72203, December 5, 2012; corrected January 
14, 2013 (78 FR 2615)).
    (i) Hartzell Engine Technologies Alert Service Bulletin No. 048, 
dated November 16, 2012.
    (ii) Reserved.
    (4) For service information identified in this AD, contact 
Hartzell Engine Technologies, LLC, 2900 Selma Highway, Montgomery, 
AL 36108, phone: 334-386-5400; fax: 334-386-5450; Internet: http://www.hartzellenginetech.com.
    (5) You may view this service information at the FAA, 12 New 
England Executive Park, Burlington, MA. For information on the 
availability of this material at the FAA, call 781-238-7125.
    (6) You may view this service information 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 October 8, 2013.
Colleen M. D'Alessandro,
Assistant Directorate Manager, Engine & Propeller Directorate, Aircraft 
Certification Service.
[FR Doc. 2013-25342 Filed 10-28-13; 8:45 am]
BILLING CODE 4910-13-P
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