On November 18, 2009, we issued emergency AD 2009-24-52, that applies to TCM 240, 360, 470, 520, and 550 series reciprocating engines. That AD requires determining if hydraulic lifters, P/Ns 657913, 657915, and 657916, are installed, and replacing those lifters before further flight. That AD resulted from TCM reporting three occurrences of rapid wear on the face of hydraulic lifters, P/Ns 657913, 657915, and 657916, at five, six, and 38-hours time-in-service (TIS), and from the need to add the TCM 550 series reciprocating engines to the applicability.
Actions Since AD 2009-24-52 was Issued
Since that AD was issued, we have received a report of excessive wear at one-hour TIS. We also determined that we need to expand the applicability of the AD to include the TCM 346 series engines and the R-RM IO-240-A reciprocating engines.
Relevant Service Information
We have reviewed and approved the technical contents of TCM Mandatory Service Bulletin (MSB) No. MSB09-8A, dated December 4, 2009, that describes procedures for inspecting and removing certain TCM engine hydraulic lifters.
FAA's Determination and Requirements of This AD
The unsafe condition described previously is likely to exist or develop on other TCM 240, 346, 360, 470, 520, and 550 series and R-RM IO-240-A reciprocating engines of the same type design. We are issuing this AD to prevent excessive hydraulic lifter wear, which can result in loss of engine power and loss of control of the airplane. This AD requires replacing before further flight, hydraulic lifters, P/Ns 657913, 657915, and 657916. You must use the service information described previously to perform the actions required by this AD.
FAA's Determination of the Effective Date
Since an unsafe condition exists that requires the immediate adoption of this AD, we have found that notice and opportunity for public comment before issuing this AD are impracticable, and that good cause exists for making this amendment effective in less than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight safety and was not preceded by notice and an opportunity for public comment. However, we invite you to send us any written relevant data, views, or arguments regarding this AD. Send your comments to an address listed under ADDRESSES. Include ``AD Docket No. FAA-2009-1156; Directorate Identifier 2009-NE-38-AD'' in the subject line of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify it.
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 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).
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.
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 have 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 that 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 summary of the costs to comply with this AD and placed it in the AD Docket. You may get a copy of this summary at the address listed under ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.
Adoption of the Amendment
Under the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (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 airworthiness directive: