Federal Register / Vol. 74, No. 73 / Friday, April 17, 2009 / Proposed Rules 17795 

stakeholders of the current status of this 

proposed rulemaking. The NRC is 

inviting stakeholders to comment on the 

draft preliminary language. This 

preliminary draft rule language may be 

subject to significant revisions during 

the rulemaking process. Public input at 

this stage will help inform the 

development of the proposed rule. 

The NRC will review and consider 

any comments received; however, the 

NRC will not respond to any comments 

received at this pre-rulemaking stage. As 

appropriate, the Statements of 

Consideration for the proposed rule will 

briefly discuss any substantive changes 

made to the preliminary draft proposed 

rule language as a result of comments 

received on this preliminary version. 

Stakeholders will also have an 

opportunity to comment on the rule 

language when it is published as a 

proposed rule in accordance with the 

provisions of the Administrative 

Procedure Act. The NRC will respond to 

any such comments in the Statements of 

Consideration for the final rule. 

The NRC may post updates to the 

preliminary draft proposed rule 

language on the Federal eRulemaking 

Portal under Docket # NRC–2008–0120. 

Regulations.gov allows members of the 

public to set-up notifications so that 

they may be alerted when documents 

are added to a docket. Users are notified 

via e-mail at an e-mail address provided 

at the time of registration for the 

notification. Directions for signing up 

for the automatic notifications can be 

found at http://www.regulations.gov. To 

do so, search for the docket you are 

interested in and then choose 

‘‘Notification,’’ found under the title of 

each action. 

Dated at Rockville, Maryland, this 10th day 

of April 2009. 

For the Nuclear Regulatory Commission. 

Mark R. Shaffer, 

Director, Division of Intergovernmental 

Liaison and Rulemaking, Office of Federal 

and State Materials and Environmental 

Management Programs. 

[FR Doc. E9–8830 Filed 4–16–09; 8:45 am] 

BILLING CODE 7590–01–P 

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 DA42 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

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 Diamond Aircraft Industries 

DA42 aircraft equipped with TAE 125 

engines. Preliminary investigations showed 

that it was mainly the result of failure of the 

propeller control valve. This condition, if not 

corrected, could lead to further cases of 

engine in-flight shutdown, possibly resulting 

in reduced control of the aircraft. 

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 May 18, 2009. 

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: 

Jason Yang, Aerospace Engineer, Engine 

Certification Office, FAA, Engine and 

Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803; 

e-mail: jason.yang@faa.gov; telephone 

(781) 238–7747; 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 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2008–0145, 

dated August 1, 2008 (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 Diamond Aircraft Industries 

DA42 aircraft equipped with TAE 125 

engines. Preliminary investigations showed 


dwashington3 on PROD1PC60 with PROPOSALS
17796 Federal Register / Vol. 74, No. 73 / Friday, April 17, 2009 / Proposed Rules 

that it was mainly the result of failure of the 

propeller control valve. This condition, if not 

corrected, could lead to further cases of 

engine in-flight shutdown, possibly resulting 

in reduced control of the aircraft. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Differences Between This Proposed AD 

and the MCAI 

We have reviewed the MCAI and, in 

general, agree with its substance. But we 

have found it necessary to not reference 

the last sentence of the unsafe condition 

from the MCAI. 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 propeller control valve, could 

be used on other make and model 

airplanes in the future. 

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. 

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 DA42 airplanes of U.S. registry. 

We also estimate that it would take 

about 0.2 work-hour per engine to 

comply with this proposed AD. The 

average labor rate is $80 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 for one replacement of 

the propeller control valve, to be 

$87,300. 

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, 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. 

§ 39.13 [Amended] 

2. The FAA amends § 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 May 18, 

2009. 

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 

installed in, but not limited to, Diamond 

Aircraft Industries Model DA42 airplanes. 

Reason 

(d) In-flight shutdown incidents have been 

reported on Diamond Aircraft Industries 

DA42 aircraft equipped with TAE 125 

engines. Preliminary investigations showed 

that it was mainly the result of failure of the 

propeller control valve. This condition, if not 

corrected, could lead to further cases of 

engine in-flight shutdown, possibly resulting 

in reduced control of the aircraft. 

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. 

(1) If the engine is installed with propeller 

control valve, part number (P/N) NM–0000– 

0124501, replace the propeller control valve 

no later than the following times: 

TABLE 1—COMPLIANCE TIMES

If the gearbox accumulated time-since-new on the effective date of this 

AD is: Then: 

(i) 400 or more flight hours (FH) .............................................................. Replace within 55 FH or during the next scheduled maintenance, 

whichever occurs first, after the effective date of this AD. 

(ii) Fewer than 400 FH ............................................................................. Initially replace upon accumulating 300 FH (first scheduled maintenance), or within 110 FH, whichever occurs later, after the effective 

date of this AD. 


dwashington3 on PROD1PC60 with PROPOSALS
Federal Register / Vol. 74, No. 73 / Friday, April 17, 2009 / Proposed Rules 17797 

TABLE 1—COMPLIANCE TIMES—Continued 

If the gearbox accumulated time-since-new on the effective date of this 

AD is: Then: 

Repetitive Replacements 

(iii) After completing (i) or (ii) above ......................................................... Replace the propeller control valve at intervals not to exceed 300 FH. 

(2) If the engine is not installed with 

propeller control valve, P/N NM–0000– 

0124501, no action is required. 

Alternative Methods of Compliance 

(AMOCs) 

(f) 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 

(g) Refer to MCAI EASA Airworthiness 

Directive 2008–0145, dated August 1, 2008. 

(h) Refer to Thielert Service Bulletin TM 

TAE 125–0018, dated June 19, 2008 (TAE 

125–01), and Thielert Service Bulletin TM 

TAE 125–1007 P1, dated July 11, 2008 (TAE 

125–02–99) for related information. 

(i) Contact Thielert Aircraft Engines GmbH, 

Platanenstrasse 14 D–09350, Lichtenstein, 

Germany, telephone: +49–37204–696–0; fax: 

+49–37204–696–55; e-mail: info@centurionengines.com, for a copy of this service 

information. 

(j) Contact Jason Yang, Aerospace Engineer, 

Engine Certification Office, FAA, Engine and 

Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803; email: jason.yang@faa.gov; telephone (781) 

238–7747; fax (781) 238–7199, for more 

information about this AD. 

Issued in Burlington, Massachusetts, on 

April 13, 2009. 

Peter A. White, 

Assistant Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–8785 Filed 4–16–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0348; Directorate 

Identifier 2008–NE–39–AD] 

RIN 2120–AA64 

Airworthiness Directives; Turbomeca 

S.A. ARRIUS 1A Turboshaft Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

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: 

Cycle life limit value for ARRIUS 1A 

balancing piston Part Number (P/N) 0 319 20 

152 0, initially set at 40 000 cycles, has been 

reduced to 16 000 cycles, following the 

discovery of a calculation error during a 

recent review of the ARRIUS 1 engine family 

files. 

We are proposing this AD to prevent 

failure of the balancing piston, which 

could result in an engine in-flightshutdown and the release of high-energy 

debris and damage to the helicopter. 

DATES: We must receive comments on 

this proposed AD by May 18, 2009. 

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: 

James Lawrence, Aerospace Engineer, 

Engine Certification Office, FAA, Engine 

& Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803; 

e-mail: james.lawrence@faa.gov; 

telephone (781) 238–7176; 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–2009–0348; Directorate Identifier 

2008–NE–39–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 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2008–0133, 

dated July 17, 2008, [(referred to after 

this as ‘‘the MCAI’’), to correct an unsafe 

condition for the specified products]. 

The MCAI states: 

Cycle life limit value for ARRIUS 1A 

balancing piston Part Number (P/N) 0 319 20 

152 0, initially set at 40 000 cycles, has been 

reduced to 16 000 cycles, following the 

discovery of a calculation error during a 

recent review of the ARRIUS 1 engine family 

files. 

As of the publication date of this 

Airworthiness Directive, no ARRIUS 1A 

engines in service are fitted with a balancing 

piston that has logged more than 16 000 

cycles, and the outlook for the consumption 


dwashington3 on PROD1PC60 with PROPOSALS