Rule2021-16895
Airworthiness Directives; Austro Engine GmbH Engines
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 6, 2021
Effective
August 23, 2021
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for all Austro Engine GmbH E4 and E4P model diesel piston engines. This AD was prompted by a report of oil pressure loss on an E4 model diesel piston engine. This AD requires removing a certain oil pump from service and replacing it with a part eligible for installation. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 86 Issue 149 (Friday, August 6, 2021)</title>
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[Federal Register Volume 86, Number 149 (Friday, August 6, 2021)]
[Rules and Regulations]
[Pages 43075-43077]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16895]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Rules
and Regulations
[[Page 43075]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0654; Project Identifier MCAI-2021-00682-E;
Amendment 39-21684; AD 2021-17-01]
RIN 2120-AA64
Airworthiness Directives; Austro Engine GmbH Engines
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Austro Engine GmbH E4 and E4P model diesel piston engines. This AD was
prompted by a report of oil pressure loss on an E4 model diesel piston
engine. This AD requires removing a certain oil pump from service and
replacing it with a part eligible for installation. The FAA is issuing
this AD to address the unsafe condition on these products.
DATES: This AD is effective August 23, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of August 23,
2021.
The FAA must receive comments on this AD by September 20, 2021.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions for submitting comments.
<bullet> Fax: (202) 493-2251.
<bullet> 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.
<bullet> Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this final rule, contact
Austro Engine GmbH, Rudolf-Diesel-Strasse 11, 2700 Weiner Neustadt,
Austria; phone: +43 2622 23000 2525; website: www.austroengine.at. You
may view this service information at the FAA, Airworthiness Products
Section, Operational Safety Branch, 1200 District Avenue, Burlington,
MA 01803. For information on the availability of this material at the
FAA, call (781) 238-7759. It is also available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2021-
0654.
Examining the AD Docket
You may examine the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2021-0654; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, the
mandatory continuing airworthiness information (MCAI), any comments
received, and other information. The street address for the Docket
Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Wego Wang, Aviation Safety Engineer,
ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone:
(781) 238-7134; fax: (781) 238-7199; email: <a href="/cdn-cgi/l/email-protection#dea9bbb9b1f0a9bfb0b99eb8bfbff0b9b1a8"><span class="__cf_email__" data-cfemail="f28597959ddc85939c95b2949393dc959d84">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Community, issued
EASA Emergency AD 2021-0143-E, dated June 16, 2021 (referred to after
this as ``the MCAI''), to address the unsafe condition on these
products. The MCAI states:
An occurrence was reported of oil pressure loss on an E4 engine.
Subsequent investigation determined that a certain batch of oil
pumps was produced with a dimensional deviation on the inner gear/
shaft. The inner gear/shaft of those pumps may come into contact
with the pump housing, which might create debris and cause jamming
of the oil pump.
This condition, if not corrected, could lead to engine in-flight
shut-down with consequent forced landing, possibly resulting in
damage to the aeroplane and injury to occupants.
To address this potential unsafe condition, Austro Engine
published the [service bulletin] to provide instructions to replace
the affected oil pumps.
For the reason described above, this [EASA] AD requires
replacement of affected parts with serviceable parts, as defined in
this [EASA] AD. This [EASA] AD also prohibits (re)installation of
affected parts on all engines.
You may obtain further information by examining the MCAI in the AD
docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating
Docket No. FAA-2021-0654.
FAA's Determination
This product has been approved by EASA and is approved for
operation in the United States. Pursuant to our bilateral agreement
with the European Community, EASA has notified the FAA of the unsafe
condition described in the MCAI and service information. The FAA is
issuing this AD because the agency evaluated all the relevant
information provided by EASA and determined the unsafe condition
described previously is likely to exist or develop in other products of
the same type design.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Austro Engine Mandatory Service Bulletin No. MSB-
E4-031/1, Revision No. 1, dated July 1, 2021. This service information
specifies procedures for replacing the affected oil pump installed on
E4 and E4P model diesel piston engines. In addition, this service
information identifies the applicable part number and serial numbers of
affected oil pumps requiring replacement and an additional oil pump
replacement option. This service information is reasonably available
because the interested parties have access to it through their normal
course of business or by the means identified in ADDRESSES.
AD Requirements
This AD requires removing the affected oil pump from service and
replacing it with a part eligible for installation.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
[[Page 43076]]
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies foregoing notice and comment prior to adoption of this rule.
The FAA received a report of oil pressure loss on an E4 model diesel
piston engine. The manufacturer subsequently determined that the oil
pressure loss was caused by certain oil pumps produced with a
dimensional deviation on the inner gear/shaft that may have contacted
the pump housing. This contact might create debris and cause oil pump
blockage. Austro Engine issued service information providing
instructions for replacement of a certain oil pump installed on E4 and
E4P model diesel piston engines.
A jammed oil pump can result in failure of the engine, in-flight
shutdown, and loss of the airplane. The FAA considers a jammed oil pump
to be an urgent safety issue that requires immediate action to avoid
loss of the airplane. The actions required by this AD must be done
before further flight after the AD's effective date. Accordingly,
notice and opportunity for prior public comment are impracticable and
contrary to the public interest pursuant to 5 U.S.C. 553(b)(3)(B). In
addition, the FAA finds that good cause exists pursuant to 5 U.S.C.
553(d) for making this amendment effective in less than 30 days, for
the same reasons the FAA found good cause to forego notice and comment.
Comments Invited
The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2021-0654 and Project Identifier
MCAI-2021-00682-E'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this final rule.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Wego
Wang, Aviation Safety Engineer, ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803. Any commentary that the FAA receives which is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.
Regulatory Flexibility Act
The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because FAA has determined
that it has good cause to adopt this rule without prior notice and
comment, RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 10 engines installed on
airplanes of U.S. registry.
The FAA estimates the following costs to comply with this AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
Remove and replace the oil pump....... 16 work-hours x $85 per $1,445 $2,805 $28,050
hour = $1,360.
----------------------------------------------------------------------------------------------------------------
The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected operators.
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.
The FAA is 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
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, and
(2) Will not affect intrastate aviation in Alaska.
[[Page 43077]]
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Amendment
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 airworthiness
directive:
2021-17-01 Austro Engine GmbH: Amendment 39-21684; Docket No. FAA-
2021-0654; Project Identifier MCAI-2021-00682-E.
(a) Effective Date
This airworthiness directive (AD) is effective August 23, 2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Austro Engine GmbH E4 and E4P model diesel
piston engines.
(d) Subject
Joint Aircraft System Component (JASC) Code 8550, Reciprocating
Engine Oil System.
(e) Unsafe Condition
This AD was prompted by a report of oil pressure loss on an E4
model diesel piston engine. The FAA is issuing this AD to prevent
failure of the engine. The unsafe condition, if not addressed, could
result in failure of the engine, in-flight shutdown, and loss of the
airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
Before further flight after the effective date of this AD,
remove the oil pump, part number (P/N) E4A-50-000-BHY, with a serial
number (S/N) listed in paragraph 1.2., Engines Affected, Tables 2
and 3, of Austro Engine GmbH Mandatory Service Bulletin No. MSB-E4-
031/1, Revision No. 1, dated July 1, 2021 (the MSB), from service
and replace with a part eligible for installation using the
Accomplishment/Instructions, paragraph 2.2.1 or paragraph 2.2.2., of
the MSB, as applicable.
(h) No Communication or Reporting Requirements
The instructions to contact the manufacturer and report
information to the manufacturer in the Accomplishment/Instructions,
paragraph 2.2, of the MSB, are not required by this AD.
(i) Installation Prohibition
After the effective date of this AD, do not install onto any
engine an oil pump with P/N E4A-50-000-BHY and an S/N listed in
paragraph 1.2., Engines Affected, Tables 2 and 3, of the MSB.
(j) Definitions
For the purpose of this AD, a ``part eligible for installation''
is an oil pump that is not P/N E4A-50-000-BHY or an oil pump P/N
E4A-50-000-BHY and an S/N that is not listed in paragraph 1.2.,
Engines Affected, Tables 2 and 3, of the MSB.
(k) Special Flight Permit
Special flight permits, as described in Section 21.197 and
Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197
and 21.199), are subject to the requirements of paragraph (k)(1) and
(2) of this AD.
(1) Operators of a twin-engine airplane that has one or two
Model E4 engines in configuration ``-B'' or ``-C'' or Model E4P
engines installed may perform a one-time non-revenue ferry flight to
a location where the engine can be removed from service. This ferry
flight must be performed with only essential flight crew.
(2) All other ferry flights are prohibited.
(l) Alternative Methods of Compliance (AMOCs)
(1) The Manager, ECO Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the manager of the
ECO Branch, send it to the attention of the person identified in
Related Information. You may email your request to: <a href="/cdn-cgi/l/email-protection#a6e7e8e38be7e28be7ebe9e5e6c0c7c788c1c9d0"><span class="__cf_email__" data-cfemail="571619127a16137a161a18141731363679303821">[email protected]</span></a>.
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
(m) Related Information
(1) For more information about this AD, contact Wego Wang,
Aviation Safety Engineer, ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone: (781) 238-7134; fax: (781) 238-7199;
email: <a href="/cdn-cgi/l/email-protection#205745474f0e57414e47604641410e474f56"><span class="__cf_email__" data-cfemail="b7c0d2d0d899c0d6d9d0f7d1d6d699d0d8c1">[email protected]</span></a>.
(2) Refer to European Union Aviation Safety Agency (EASA) AD
2021-0143-E, dated June 16, 2021, for more information. You may
examine the EASA AD in the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a>
by searching for and locating Docket No. FAA-2021-0654.
(n) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Austro Engine Mandatory Service Bulletin No. MSB-E4-031/1,
Revision No. 1, dated July 1, 2021.
(ii) [Reserved]
(3) For Austro Engine service information identified in this AD,
you may contact Austro Engine GmbH, Rudolf-Diesel-Strasse 11, 2700
Weiner Neustadt, Austria; phone: +43 2622 23000 2525; website:
www.austroengine.at.
(4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 1200
District Avenue, Burlington, MA 01803. For information on the
availability of this material at the FAA, call (781) 238-7759.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email: <a href="/cdn-cgi/l/email-protection#6503174b0c0b16150006110c0a0b250b0417044b020a13"><span class="__cf_email__" data-cfemail="6305114d0a0d10130600170a0c0d230d0211024d040c15">[email protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on August 2, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-16895 Filed 8-4-21; 11:15 am]
BILLING CODE 4910-13-P
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