
[Federal Register: November 4, 2008 (Volume 73, Number 214)]
[Rules and Regulations]               
[Page 65509-65511]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04no08-7]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0841; Directorate Identifier 2008-NE-23-AD; 
Amendment 39-15720; AD 2008-22-23]
RIN 2120-AA64

 
Airworthiness Directives; Thielert Aircraft Engines GmbH (TAE) 
Model TAE 125-02-99 Reciprocating Engines

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

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
product listed above. 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:

    In-flight engine shutdown incidents have been reported on 
aircraft equipped with TAE 125-02-99 engines. Preliminary 
investigations showed that it was mainly the result of cracked disc 
springs in the clutch.

This AD requires actions that are intended to address the unsafe 
condition described in the MCAI, which could result in engine in-flight 
shutdown and the subsequent loss of control of the airplane.

DATES: This AD becomes November 19, 2008. The Director of the Federal 
Register approved the incorporation by reference of TAE Service 
Bulletin TM TAE 125-1006 P1, Revision 1, dated May 30, 2008, listed in 
the AD as of November 19, 2008.
    We must receive comments on this AD by December 4, 2008.

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: 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 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: 

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 2008-0106-E, dated May 30, 2008 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    In-flight engine shutdown incidents have been reported on 
aircraft equipped with TAE 125-02-99 engines. Preliminary 
investigations showed that it was mainly the result of cracked disc 
springs in the clutch. This condition, if not corrected, could 
result in further cases of engine in-flight shutdown and the 
consequent loss of control of the aircraft.
    To address this unsafe condition, AD 2008-0100-E was published 
to mandate repetitive inspections until a new clutch P/N 05-7211-
K006001 is installed.
    Since that publication, data collected from the performed 
inspections revealed that only the clutch assembly P/N 05-7211-
K000304 was subject to failure.
    For the reasons stated above, this EASA AD supersedes AD 2008-
0100-E and requires the removal of the affected clutch

[[Page 65510]]

assemblies P/N 05-7211-K000304 on all TAE 125-02-99 engines and 
their replacement by new clutches of an improved design.

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

Relevant Service Information

    Thielert Aircraft Engines GmbH has issued Service Bulletin TM TAE 
125-1006 P1, Revision 1, dated May 30, 2008. 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 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, they have notified us of the 
unsafe condition described in the MCAI and service information 
referenced above. We are issuing this AD because we evaluated all the 
information provided by Germany and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

FAA's 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 of 
the short time to comply with this rule. Therefore, we determined that 
notice and opportunity for public comment before issuing this AD are 
impracticable and that good cause exists for making this amendment 
effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2008-0841; Directorate 
Identifier 2008-NE-23-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.

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 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 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

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

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 adding the following new AD:

2008-22-23 Thielert Aircraft Engines GmbH: Amendment 39-15720.; 
Docket No. FAA-2008-0841; Directorate Identifier 2008-NE-23-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective November 
19, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Thielert Aircraft Engines GmbH (TAE) 
model TAE 125-02-99 reciprocating engines with clutch, part number 
(P/N) 05-7211-K000304, installed. These engines are installed on, 
but not limited to, Cessna 172 and (Reims-built) F172 series (STC 
No. SA01303WI); and Diamond DA42 airplanes.

Reason

    ``(d) In-flight engine shutdown incidents have been reported on 
aircraft equipped with TAE 125-02-99 engines. Preliminary 
investigations showed that it was mainly the result of cracked disc 
springs in the clutch. This condition, if not corrected, could 
result in further cases of engine in-flight shutdown and the 
consequent loss of control of the aircraft.''

    We are issuing this AD to prevent engine in-flight shutdown and 
the subsequent loss of control of the airplane.

Actions and Compliance

    (e) Unless already done, do the following actions.
    (1) For engines that have accumulated, on the effective date of 
this AD, less than 50 flight hours (FH) since installing clutch, P/N 
05-7211-K000304: Upon the accumulation of 50 FH since installing 
clutch, P/N 05-7211-K000304, replace the clutch as specified in TAE 
SB TM TAE 125-1006 P1, Revision 1, dated May 30, 2008.
    (2) For engines that have accumulated, on the effective date of 
this AD, 50 or more FH since installing clutch, P/N 05-7211-K000304: 
Before further flight, replace the clutch as specified in TAE SB TM 
TAE 125-1006 P1, Revision 1, dated May 30, 2008.

FAA AD Differences

    (f) We have further clarified the corrective action by 
specifying the P/N of each affected clutch, and timing the 
compliance period from when the clutch was installed instead of when 
it was last inspected.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Engine Certification

[[Page 65511]]

Office, FAA, has the authority to approve AMOCs for this AD, if 
requested using the procedures found in 14 CFR 39.19.
    (2) Special Flight Permits: We are limiting special flight 
permits to one ferry flight to a maintenance station to replace the 
engine clutch. The maximum flight duration must not exceed 2 hours 
and is limited to VFR conditions.

Related Information

    (h) Refer to MCAI EASA Airworthiness Directive 2008-0106-E, 
dated May 30, 2008, for related information.
    (i) 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, for more information 
about this AD.

Material Incorporated by Reference

    (j) You must use Thielert Aircraft Engines GmbH Service Bulletin 
TM TAE 125-1006 P1, Revision 1, dated May 30, 2008, to do the 
actions required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Thielert Aircraft Engines GmbH, Platanenstrasse 14 D-09350, 
Lichtenstein, Germany, telephone: +49-37204-696-0; fax: +49-37204-
696-55; e-mail: info@centurion-engines.com.
    (3) 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/ibr-locations.html.

    Issued in Burlington, Massachusetts, on October 23, 2008.
Peter A. White,
Assistant Manager, Engine and Propeller Directorate, Aircraft 
Certification Service.
 [FR Doc. E8-25892 Filed 11-3-08; 8:45 am]

BILLING CODE 4910-13-P
