
[Federal Register: April 17, 2009 (Volume 74, Number 73)]
[Proposed Rules]               
[Page 17795-17797]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17ap09-11]                         

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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).

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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

[[Page 17796]]

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.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  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                Then:
                  is:
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(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.
------------------------------------------------------------------------

[[Page 17797]]


                         Repetitive Replacements
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(iii) After completing (i) or (ii)       Replace the propeller control
 above.                                   valve at intervals not to
                                          exceed 300 FH.
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    (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@centurion-engines.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; e-mail: 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
