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###### Department of Transportation

###### Federal Aviation Administration

          - 14 CFR Part 39
          - [Docket No. FAA-2010-0246; Directorate Identifier 2010-NE-16-AD]
          - RIN 2120-AA64

# 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:

A PW617F-E engine powered twin engined aircraft had recently experienced an uncommanded power reduction on one of its engines. Investigation showed that the Fuel Filter Bypass Valve poppet in the Fuel Oil Heat Exchanger (FOHE) on that engine had worn through the housing seat, allowing unfiltered fuel and debris to contaminate the Fuel Metering Unit (FMU), resulting in fuel flow drop and subsequent power reduction.

Pratt & Whitney Canada Corp. issued an Alert Service Bulletin (ASB) No. PW600-72-A66019 to inspect and replace any discrepant valve with the same type new valve. The inspection results confirmed that failure of a worn through poppet is dormant and it can affect both engines at the same time that could result in an unsafe condition on PW617F-E powered aircraft.

We are proposing this AD to prevent uncommanded power reduction, which could result in the inability to continue safe flight and safe landing.

# DATES:

We must receive comments on this proposed AD by July 1, 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.                    

                        Contact Pratt & Whitney Canada Corp., 1000 Marie-Victorin, Longueuil, Quebec, Canada, J4G 1A1; telephone 800-268-8000; fax 450-647-2888;                         *Web site: http://www.pwc.ca;*                         for the service information identified in this proposed AD.                    

## 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:

                        Ian Dargin, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park; Burlington, MA 01803;                         *e-mail: ian.dargin@faa.gov;*                         telephone (781) 238-7178; 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-2010-0246; Directorate Identifier 2010-NE-16-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).                          ( print page 27492)    

## Discussion

Transport Canada, which is the aviation authority for Canada, has issued Canada AD CF-2010-02, dated January 20, 2010 (referred to after this as “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states:

A PW617F-E engine powered twin engined aircraft had recently experienced an uncommanded power reduction on one of its engines. Investigation showed that the Fuel Filter Bypass Valve poppet in the FOHE on that engine had worn through the housing seat, allowing unfiltered fuel and debris to contaminate the FMU, resulting in fuel flow drop and subsequent power reduction.

Pratt & Whitney Canada Corp. issued an ASB No. PW600-72-A66019 to inspect and replace any discrepant valve with the same type new valve. The inspection results confirmed that failure of a worn through poppet is dormant and it can affect both engines at the same time that could result in an unsafe condition on PW617F-E powered aircraft.

On November 23, 2009, Pratt & Whitney Canada Corp. issued an ASB No. PW600-72-A66021 that introduced a new fuel Filter Bypass Valve Assembly with an improved design poppet to help alleviate the subject poppet wear problem. This AD is issued to mandate replacement of the FOHE fuel filter bypass valve on all PW617F-E engines as per Pratt & Whitney Canada Corp. ASB No. PW600-72-A66021 instructions.

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

## Relevant Service Information

Pratt & Whitney Canada Corp. has issued ASB No. PW600-72-A66021, Revision 1, dated January 7, 2010. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI.

## FAA's Determination and Requirements of This Proposed AD

This product has been approved by the aviation authority of Canada and is approved for operation in the United States. Pursuant to our bilateral agreement with Canada, they have notified us of the unsafe condition described in the MCAI and service information referenced above. We are proposing this AD because we evaluated all information provided by Transport Canada 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 replacing the FOHE fuel filter bypass poppet valve with a larger fuel filter bypass poppet valve within 25 hours of the effective date of the proposed AD.

## Costs of Compliance

Based on the service information, we estimate that this proposed AD would affect about 77 engines installed on airplanes of U.S. registry. We also estimate that it would take about 3.5 work-hours per engine to comply with this proposed AD. The average labor rate is $85 per work-hour. Required parts would cost about $22,582 per engine. Based on these figures, we estimate the cost of the proposed AD on U.S. operators to be $1,761,722.

## 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.

§ 39.13 

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

**Pratt & Whitney Canada Corp. (formerly Pratt & Whitney Canada, Inc.):**                                 Docket No. FAA-2010-0246; Directorate Identifier 2010-NE-16-AD.                            

## Comments Due Date

(a) We must receive comments by July 1, 2010.

## Affected Airworthiness Directives (ADs)

(b) None.

## Applicability

(c) This AD applies to Pratt & Whitney Canada Corp. PW617F-E turbofan engines with fuel/oil heat exchanger (FOHE) part number (P/N) 35C4540-01 installed. These engines are installed on, but not limited to, Empresa Brasileira de Aeronáutica S.A. (EMB) 500 airplanes.

## 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:

A PW617F-E engine powered twin engined aircraft had recently experienced an uncommanded power reduction on one of its engines. Investigation showed that the Fuel Filter Bypass Valve poppet in the FOHE on that engine had worn through the housing seat, allowing unfiltered fuel and debris to contaminate the Fuel Metering Unit, resulting in fuel flow drop and subsequent power reduction.

Pratt & Whitney Canada Corp. issued an Alert Service Bulletin (ASB) No. PW600-72-A66019 to inspect and replace any discrepant valve with the same type new valve. The inspection results confirmed that failure of a worn through poppet is dormant and it can affect both engines at the same time that could result in an unsafe condition on PW617F-E powered aircraft.

                                We are issuing this AD to prevent uncommanded power reduction, which could result in the inability to continue safe flight and safe landing.                                      ( print page 27493)    

## Actions and Compliance

(e) Unless already done, replace the FOHE fuel filter bypass poppet valve with a larger fuel filter bypass poppet valve within 25 hours of the effective date of the AD. Use paragraph 3.A. of the Accomplishment Instructions of Pratt & Whitney Canada Corp. ASB No. PW600-72-A66021, Revision 1, dated January 7, 2010, to do the replacement.

## Previous Credit

(f) A fuel filter bypass poppet valve replacement performed before the effective date of this AD using Pratt & Whitney Canada Corp. ASB No. PW600-72-A66021, dated November 23, 2009, satisfies the replacement requirement of this AD.

## Alternative Methods of Compliance

(g) 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

                                (h) Refer to MCAI Transport Canada Airworthiness Directive CF-2010-02, dated January 20, 2010, and Pratt & Whitney Canada ASB No. PW600-72-A66021, Revision 1, dated January 7, 2010, for related information. Contact Pratt & Whitney Canada Corp., 1000 Marie-Victorin, Longueuil, Quebec, Canada, J4G 1A1; telephone 800-268-8000; fax 450-647-2888;                                 *Web site: http://www.pwc.ca,*                                 for a copy of this service information.                            

                                (i) Contact Ian Dargin, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803;                                 *e-mail: ian.dargin@faa.gov;*                                 telephone (781) 238-7178; fax (781) 238-7199, for more information about this AD.                            

Issued in Burlington, Massachusetts, on May 10, 2010.

Peter A. White,

Assistant Manager, Engine and Propeller Directorate, Aircraft Certification Service.

[FR Doc. 2010-11645 Filed 5-14-10; 8:45 am]

BILLING CODE 4910-13-P