## 33986 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Rules and Regulations

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 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. 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 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:

2011–12–04 BRP–Powertrain GmbH & Co. KG (Formerly Bombardier-Rotax GmbH): Amendment 39–16711.; Docket No. FAA–2011–0456; Directorate Identifier 2011–NE–15–AD.

Effective Date

(a) This airworthiness directive (AD) becomes effective June 27, 2011.

Affected ADs

(b) None. Applicability

(c) This AD applies to the following BRP– Powertrain GmbH & Co. KG Rotax reciprocating engines:

(1) Model 912 F3—serial number (S/N) 4,412.986 and S/N 4,412.987.

(2) Models 912 S2, 912 S3, and 912 S4— S/N 4,924.087 through S/N 4,924.139 inclusive, and S/N 4,924.141 through 4,924.166 inclusive.

(3) Models 914 F2, 914 F3, and 914 F4— S/N 4,420.970 through 4,420.990 inclusive, S/N 4,420.997, and S/N 4,421.001 through 4,421.003 inclusive.

Reason

(d) 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:

During a production process review, a deviation in hardening of certain Part Number (P/N) 944072 washers has been detected, which exceeds the hardness of the design specification.

The affected washers are part of the magneto ring flywheel hub installation and have been installed on a limited number of engines. No defective washers have been shipped as spare parts.

This condition, if not corrected, could lead to cracks in the washer, loosening of the magneto flywheel hub and consequent ignition failure, possibly resulting in damage to the engine, in-flight engine shutdown and forced landing, damage to the aeroplane and injury to occupants.

We are issuing this AD to prevent engine in-flight shutdown, and damage to the airplane. Actions and Compliance

(e) Unless already done, do the following actions within 10 flight hours or at next maintenance after the effective date of this AD, whichever occurs first:

(1) Replace the magneto ring flywheel hub washer, P/N 944072.

(2) Use paragraph 3.1 of BRP–Powertrain GmbH & Co. KG Rotax Mandatory Service Bulletin SB–912–058, dated April 15, 2011 or SB–914–041 dated April 15, 2011, to do the replacement.

Prohibition

(f) After the effective date of this AD, do not install any washer P/N 944072 removed as specified in paragraph (e)(1) of this AD into any magneto or onto any engine.

FAA AD Differences

(g) This AD differs from the Mandatory Continuing Airworthiness Information (MCAI) as follows:

(1) European Aviation Safety Agency (EASA) AD 2011–0067–E requires compliance within 10 flight hours or 4 calendar months after the effective date of the AD, whichever occurs first. This AD requires compliance within 10 flight hours or at next maintenance after the effective date of this AD, whichever occurs first.

(2) EASA AD 2011–0067–E requires operators to return the washer removed from service to BRP–Powertrain GmbH & Co. KG. This AD does not. 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 MCAI EASA AD 2011–0067–E, dated April 15, 2011, for related information.

(j) Contact Alan Strom, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; e-mail: alan.strom@faa.gov; phone (781) 238–7143; fax (781) 238–719, for more information about this AD. Material Incorporated by Reference

(k) You must use BRP–Powertrain GmbH & Co. KG Rotax Mandatory Service Bulletins No. SB–912–058 and No. SB–914–041 (combined in one document), dated April 15, 2011, to do the actions required by this AD.

(1) For service information identified in this AD, contact BRP–Powertrain GmbH & Co. KG, Welser Strasse 32, A–4623 Gunskirchen, Austria, or go to: http:// www.rotax-aircraft-engines.com.

(2) 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/ibrlocations.html.

Issued in Burlington, Massachusetts, on May 26, 2011. Peter A. White, Acting Manager, Engine and Propeller Directorate, Aircraft Certification Service.
[FR Doc. 2011–14239 Filed 6–9–11; 8:45 am]

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### DEPARTMENT OF TRANSPORTATION

**Federal Aviation Administration**

**14 CFR Part 39**
**[Docket No. FAA–2010–1277; Directorate Identifier 2010–NM–218–AD; Amendment**  **39–16722; AD 2009–18–19 R1]**

**RIN 2120–AA64**



### Airworthiness Directives; Airbus Model **A330–200 and –300 Series Airplanes, and Model A340–200 and –300 Series**  **Airplanes**

**AGENCY** 

### : Federal Aviation Administration (FAA), Department of Transportation (DOT).

**ACTION** 

### : Final rule; rescission.

**SUMMARY** 

### : This amendment rescinds airworthiness directive (AD) 2009–18– 19 for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued by EASA, to rescind EASA AD 2010–0083. The MCAI specifies the following:

It has been assessed that multiple NRV [non-return valve] failures in combination with certain trapped fuel cases could potentially increase the quantity of unusable fuel on the aeroplane, possibly leading to fuelstarvation which could result in engines inflight shut down and would constitute an unsafe condition. To prevent and detect this condition, EASA issued EASA AD 2010–
0083.

Based on in service experience, mainly on the results of the operational test required by


## 33987 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Rules and Regulations

EASA AD 2010–0083, Airbus has performed a safety analysis on the NRV to check if the safety objectives are met.

This analysis of the Collector Cell motive flow line NRV, taking into account all failure scenarios, concludes that the previous non compliance can be alleviated. Consequently, no unsafe condition exists any more on the affected NRV.

For the reasons described above, EASA AD 2010–0083 is cancelled.



### This AD rescinds the parallel FAA AD
2009–18–19.
**DATES** 

### : This AD becomes effective June 10, 2011.
**ADDRESSES** 

### : You may examine the AD docket on the Internet at http:// www.regulations.gov or in person at the U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC.

**FOR FURTHER INFORMATION CONTACT** 

### : Vladimir Ulyanov, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 227–1138; fax (425) 227–1149.

**SUPPLEMENTARY INFORMATION** 

### :
Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by rescinding an existing AD. That NPRM was published in the Federal Register on December 30, 2010 (75 FR 82325) and proposed to rescind AD 2009–18–19, Amendment 39–16016 (74 FR 46322, September 9, 2009). That AD was intended to address an unsafe condition on the products listed above.

Since we issued AD 2009–18–19, EASA issued Airworthiness Directive 2010–0083–CN, dated September 20, 2010, to cancel EASA AD 2010–0083, dated May 3, 2010, for the specified products. EASA AD 2010–0083–CN
states:

It has been assessed that multiple NRV [non-return valve] failures in combination with certain trapped fuel cases could potentially increase the quantity of unusable fuel on the aeroplane, possibly leading to fuelstarvation which could result in engines inflight shut down and would constitute an unsafe condition. To prevent and detect this condition, EASA issued EASA AD 2010–
0083.

Based on in service experience, mainly on the results of the operational test required by EASA AD 2010–0083, Airbus has performed a safety analysis on the NRV to check if the safety objectives are met.

This analysis of the Collector Cell motive flow line NRV, taking into account all failure scenarios, concludes that the previous non compliance can be alleviated. Consequently, no unsafe condition exists any more on the affected NRV. For the reasons described above, EASA AD 2010–0083 is cancelled.



### This AD rescinds the parallel FAA AD 2009–18–19. You may obtain further information by examining the MCAI in the AD docket.

Comments

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

Conclusions

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

Differences Between This AD and the MCAI or Service Information

We have reviewed the MCAI and, in general, agree with the substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI. Regulatory Findings

We determined that this AD would not have federalism implications under Executive Order 13132. This 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 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) Would not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. 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 the NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone (800) 647–5527) is 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.

The Rescission

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 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 removing amendment 39–16016 (74 FR 46322, September 9, 2009):

2009–18–19 R1 Airbus: Amendment 39– 16722. Docket No. FAA–2010–1277; Directorate Identifier 2010–NM–218–AD.

Effective Date

(a) This rescission becomes effective June 10, 2011.

Affected ADs

(b) This AD rescinds AD 2009–18–19, Amendment 39–16016.
Applicability

(c) Airbus airplanes, certificated in any category, identified in paragraphs (c)(1) and (c)(2) of the AD.

(1) Airbus Model A330–201, –202, –203, –223, –243, –301, –302, –303, –321, –322, –323, –341, –342, and –343 series airplanes, all serial numbers.

(2) Airbus Model A340–211, –212, –213, –311, –312, and –313 series airplanes, all serial numbers.

Related Information

(d) Refer to MCAI European Aviation Safety Agency (EASA) Airworthiness Directive 2010–0083–CN, dated September 20, 2010, for related information.
Materials Incorporated by Reference

(e) None. Issued in Renton, Washington, on June 1,
2011. Kalene C. Yanamura, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2011–14398 Filed 6–9–11; 8:45 am]

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