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 Department of Transportation Federal Aviation Administration 14 CFR Part 39
[Docket No. FAA-2010-0329; Directorate Identifier 2010-CE-016-AD]
RIN 2120-AA64
 AGENCY: Federal Aviation Administration (FAA), Department of Transportation (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) originated 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: Due to high fuel pressure, caused by exceeding pressure in front of the mechanical fuel pump (
                            *e.g.*
                             due to an electrical fuel pump), in limited cases a deviation in the fuel supply could occur. This can result in exceeding of the fuel pressure and might cause engine malfunction and/or massive fuel leakage. We are proposing this AD to prevent the pump from causing excessive fuel pressure, which could result in engine malfunction or a massive fuel leak. These conditions could cause loss of control of the airplane or a fire.
 DATES: We must receive comments on this proposed AD by July 23, 2010.
 ADDRESSES: You may send comments 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. and 5 p.m., Monday through Friday, except Federal holidays. 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 proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone (800) 647-5527) is in the 
                    **ADDRESSES**
                     section. Comments will be available in the AD docket shortly after receipt.
 FOR FURTHER INFORMATION CONTACT: Sarjapur Nagarajan, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4145; fax: (816) 329-4090; e-mail: 
                        *sarjapur.nagarajan@faa.gov.*


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-2010-0329; Directorate Identifier 2010-CE-016-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 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 proposed AD. Discussion The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued EASA AD No.:  2007-0060R1-E, dated April 20, 2007 (referred to after this as “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states: Due to high fuel pressure, caused by exceeding pressure in front of the mechanical fuel pump (
                        *e.g.*
                         due to an electrical fuel pump), in limited cases a deviation in the fuel supply could occur. This can result in exceeding of the fuel pressure and might cause engine malfunction and/or massive fuel leakage. Non-compliance with these instructions could result in engine damages, personal injuries or death. The MCAI requires replacing the affected fuel pumps with a different part number fuel pump. The MCAI applies to all versions of Bombardier-Rotax GmbH 912 A, 912 F, and 912 S series engines. Versions of the 912 F series and 912 S series engines are type certificated in the United States. However, the Model 912 A series engine installed in various aircraft does not have an engine type certificate; instead, the engine is part of the aircraft type design. You may obtain further information by examining the MCAI in the AD docket. Relevant Service Information Rotax Aircraft Engines has issued Service Bulletin SB-912-053, dated April 13, 2007. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. FAA's Determination and Requirements of the Proposed AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with this State of Design Authority, 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 and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. Differences Between This Proposed AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their 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 and related service information. We might also have proposed different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are highlighted in a Note within the proposed AD. Costs of Compliance We estimate that this proposed AD will affect 60 products of U.S. registry. We also estimate that it would take about .5 work-hour per product to 
                    ( print page 32316)
                    comply with the basic requirements of this proposed AD. The average labor rate is $85 per work-hour. Required parts would cost about $650 per product. Based on these figures, we estimate the cost of the proposed AD on U.S. operators to be $41,550, or $692.50 per product. 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: **Various Aircraft**
                                : Docket No. FAA-2010-0329; Directorate Identifier 2010-CE-016-AD. Comments Due Date (a) We must receive comments by July 23, 2010. Affected ADs (b) None. Applicability (c) This AD applies to all serial numbers of the following aircraft, equipped with a Rotax Aircraft Engines 912 A series engine with fuel pumps, part numbers (P/Ns) 892230, 892232, 892540 (standard version) or P/Ns 892235, 892236, 892545 (version including flexible fuel line) installed, and certificated in any category: Type certificate holder
Aircraft model
Engine modelAeromot-Industria Mecanico Metalurgica ltda
AMT-200
912 A2.Diamond Aircraft Industries
HK 36 R “SUPER DIMONA”
912 A.Diamond Aircraft Industries GmbH
HK 36 TS
                                         HK 36 TC
912 A3
                                         912 A3.Diamond Aircraft Industries Inc.
DA20-A1
912 A3.HOAC-Austria
DV 20 KATANA
912 A3.Iniziative Industriali Italiane S.p.A.
Sky Arrow 650 TC
912 A2.SCHEIBE-Flugzeugbau GmbH
SF 25C
912 A2 or 912 A3.
 Subject (d) Air Transport Association of America (ATA) Code 73: Engine Fuel and Control. Reason (e) The mandatory continuing airworthiness information (MCAI) states: Due to high fuel pressure, caused by exceeding pressure in front of the mechanical fuel pump (
                                *e.g.*
                                 due to an electrical fuel pump), in limited cases a deviation in the fuel supply could occur. This can result in exceeding of the fuel pressure and might cause engine malfunction and/or massive fuel leakage. Non-compliance with these instructions could result in engine damages, personal injuries or death. We are issuing this AD to prevent the pump from causing excessive fuel pressure, which could result in engine malfunction or a massive fuel leak. These conditions could cause loss of control of the airplane or a fire. The MCAI requires replacing the affected fuel pumps with a different part number fuel pump. Actions and Compliance (f) Unless already done, do the following actions: (1) Within the next 25 hours time-in-service after the effective date of this AD, replace fuel pump P/N 892230, 892232, 892540, 892235, 892236, or 892545 with an FAA-approved fuel pump that does not have one of the P/Ns referenced above following Rotax Aircraft Engines Service Bulletin SB-912-053, dated April 13, 2007. (2) As of the effective date of this AD do not install fuel pump P/N 892230, 892232, 892540, 892235, 892236, or 892545, on any airplane. FAA AD Differences Note: This AD differs from the MCAI and/or service information as follows: The MCAI requires replacing an affected fuel pump with fuel pump P/N 892542 or 892546. This AD requires replacement of an affected fuel pump with an FAA-approved fuel pump that does not have one of the P/Ns referenced in paragraph (f)(1) of this AD. Other FAA AD Provisions (g) The following provisions also apply to this AD: (1) 
                                *Alternative Methods of Compliance (AMOCs):*
                                 The Manager, Standards Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Sarjapur Nagarajan, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4145; fax: (816) 329-4090; e-mail: 
                                *sarjapur.nagarajan@faa.gov.*
                                 Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate 
                                ( print page 32317)
                                principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. (2) 
                                *Airworthy Product:*
                                 For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service. (3) 
                                *Reporting Requirements:*
                                 For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 
                                *et seq.*), the Office of Management and Budget (OMB) has approved the information collection requirements and has assigned OMB Control Number 2120-0056. Related Information (h) Refer to MCAI EASA AD No.: 2007-0060R1-E, dated April 20, 2007; and Rotax Aircraft Engines Service Bulletin SB-912-053, dated April 13, 2007, for related information. Contact BRP-Powertrain GMBH & Co KG, Welser Strasse 32, A-4623 Gunskirchen, Austria; phone: (+43) (0) 7246 601-0; fax: (+43) (0) 7246 6370; Internet: 
                                *http://www.rotax.com,*
                                 for a copy of this service information.
 Issued in Kansas City, Missouri, on May 26, 2010. Steven W. Thompson, Acting Manager, Small Airplane Directorate, Aircraft Certification Service.


[FR Doc. 2010-13170 Filed 6-7-10; 8:45 am] BILLING CODE 4910-13-P