Rule2021-23842
Airworthiness Directives; Austro Engine GmbH Engines
Primary source
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Published
November 1, 2021
Effective
November 16, 2021
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for certain Austro Engine GmbH E4 and E4P model diesel piston engines. This AD was prompted by reports of failure of the high-pressure pump (HPP) driving gear and a subsequent determination that a batch of HPP driving gears may have been damaged during assembly. This AD requires, for engines with an affected cylinder head, inspection of the HPP driving gear and, depending on the results of the inspection, replacement of the HPP driving gear with a part eligible for installation. This AD also requires, for engines with an affected HPP driving gear, replacement of the HPP driving gear either before further flight or within a certain number of flight hours after the effective date of this AD. The FAA is issuing this AD to address the unsafe condition on these products.
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<title>Federal Register, Volume 86 Issue 208 (Monday, November 1, 2021)</title>
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[Federal Register Volume 86, Number 208 (Monday, November 1, 2021)]
[Rules and Regulations]
[Pages 60159-60162]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23842]
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Rules and Regulations
Federal Register
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having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
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Federal Register / Vol. 86, No. 208 / Monday, November 1, 2021 /
Rules and Regulations
[[Page 60159]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0946; Project Identifier MCAI-2021-01020-E;
Amendment 39-21793; AD 2021-22-20]
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
certain Austro Engine GmbH E4 and E4P model diesel piston engines. This
AD was prompted by reports of failure of the high-pressure pump (HPP)
driving gear and a subsequent determination that a batch of HPP driving
gears may have been damaged during assembly. This AD requires, for
engines with an affected cylinder head, inspection of the HPP driving
gear and, depending on the results of the inspection, replacement of
the HPP driving gear with a part eligible for installation. This AD
also requires, for engines with an affected HPP driving gear,
replacement of the HPP driving gear either before further flight or
within a certain number of flight hours after the effective date of
this AD. The FAA is issuing this AD to address the unsafe condition on
these products.
DATES: This AD is effective November 16, 2021.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of November 16,
2021.
The FAA must receive comments on this AD by December 16, 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; 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-
0946.
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-2021-0946; 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#fc8b999b93d28b9d929bbc9a9d9dd29b938a"><span class="__cf_email__" data-cfemail="ddaab8bab2f3aabcb3ba9dbbbcbcf3bab2ab">[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 AD 2021-0203R1, dated September 24, 2021 (referred to after this
as ``the MCAI''), for Austro Engine GmbH E4 and E4P model diesel piston
engines, to address the unsafe condition on these products. The MCAI
states:
Occurrences were reported of HPP driving gear failure.
Subsequent investigation determined that a certain batch of HPP
driving gears was produced with a worn out assembly tool P/N
AE300T012-1. Those HPP driving gears may have been damaged during
assembly. Concurrently, it was determined that, for engines equipped
with a certain cylinder head, a stack up of tolerances exists
between the cylinder head, cylinder head cover, camshaft gear and
HPP gear. Both scenarios could result in premature HPP gear failure.
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 inspection
SB, as defined in this [EASA] AD, to provide instructions for HPP
gear inspection on engines equipped with an affected cylinder head,
as defined in this [EASA] AD. Austro Engine also published the
replacement SB, as defined in this [EASA] AD, to provide
instructions for replacement of affected HPP gears, as defined in
this [EASA] AD. For the reason described above, EASA issued
Emergency AD 2021-0203-E to require inspection and/or replacement of
HPP gears.
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-2021-0946.
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. The FAA is issuing this AD because the
agency evaluated all the relevant information provided by EASA and has
determined that 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-
E4-035/1, Revision No. 1, dated September 30, 2021 (MSB-E4-035/1); and
Austro Engine Mandatory Service Bulletin No. MSB-E4-034/3, Revision No.
3, dated September 30, 2021 (MSB-E4-034/3).
Austro Engine MSB-E4-035/1 specifies procedures for inspecting HPP
driving gears installed on E4 and E4P
[[Page 60160]]
model diesel piston engines equipped with an affected cylinder head.
Austro Engine MSB-E4-034/3 identifies the applicable part number
and serial numbers of affected HPP driving gears installed on Austro
Engine GmbH E4 and E4P model diesel piston engines.
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, for engines with an affected cylinder head,
inspection of the HPP driving gear and, depending on the results of the
inspection, replacement of the HPP driving gear with a part eligible
for installation. This AD also requires, for engines with an affected
HPP driving gear, replacement of the HPP driving gear within a certain
number of flight hours, depending on the airplane on which the affected
engine is installed.
Differences Between This AD and the MCAI
The MCAI requires replacement of the HPP driving gear using the
Accomplishment/Instructions, paragraph 2.1., of Austro Engine MSB-E4-
034/3 while this AD does not require use of MSB-E4-034/3 to replace the
HPP driving gear.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
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 occurrences of failure of the HPP driving
gear. The manufacturer subsequently determined that a certain batch of
HPP driving gears was produced with a worn out assembly tool, and may
have been damaged during assembly. The manufacturer also determined
that, for engines equipped with a certain cylinder head, a stack up of
tolerances exists between the cylinder head, cylinder head cover,
camshaft gear and high pressure pump driving gear. Both conditions
could result in failure of the HPP driving gear. Austro Engine
subsequently issued service information providing instructions for
inspection and replacement of certain HPP driving gears installed on E4
and E4P model diesel piston engines.
Failure of the HPP driving gear can result in in-flight engine
shut-down, forced landing, and damage to the airplane. The FAA
considers failure of the HPP driving gear to be an urgent safety issue
that requires immediate action to avoid damage to the airplane. For
engines with an affected cylinder head, if the HPP driving gear does
not pass the inspection required by this AD, this AD requires
replacement of the HPP driving gear before further flight. In addition,
for engines with an affected HPP driving gear and with a certain number
of hours accumulated on the HPP driving gear, this AD also requires
replacement of the HPP driving gear before further flight. 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 forgo 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-2021-0946 and Project Identifier
MCAI-2021-01020-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 418 engines installed on
airplanes of U.S. registry.
The FAA estimates the following costs to comply with this AD:
[[Page 60161]]
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Inspect HPP driving gear........... .5 work-hours x $85 per $0 $42.50 $17,765
hour = $42.50.
Replace HPP driving gear (for 2 work-hours x $85 per hour 145 315 131,670
engines with an affected HPP = $170.
driving gear).
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The FAA estimates the following costs to do any necessary
replacements that would be required based on the results of the
inspection. The agency has no way of determining the number of aircraft
that might need this replacement:
On-Condition Costs
----------------------------------------------------------------------------------------------------------------
Cost per
Action Labor cost Parts cost product
----------------------------------------------------------------------------------------------------------------
Replace HPP driving gear (for engines with an 2 work-hours x $85 per hour = $145 $315
affected cylinder head). $170.
----------------------------------------------------------------------------------------------------------------
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.
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:
2021-22-20 Austro Engine GmbH Engines: Amendment 39-21793; Docket
No. FAA-2021-0946; Project Identifier MCAI-2021-01020-E.
(a) Effective Date
This airworthiness directive (AD) is effective November 16,
2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Austro Engine GmbH E4 and E4P model diesel
piston engines equipped with either:
(1) A cylinder head having part number (P/N) E4A-12-500-000
(affected cylinder head), or
(2) A high-pressure pump (HPP) driving gear, having P/N E4A-30-
000-201, with a serial number (S/N) listed in Chapter 1.4, Table 1
of Austro Engine Mandatory Service Bulletin No. MSB-E4-034/3,
Revision No. 3, dated September 30, 2021 (MSB-E4-034/3) (affected
HPP driving gear).
(d) Subject
Joint Aircraft System Component (JASC) Code 8520, Reciprocating
Engine Power Section.
(e) Unsafe Condition
This AD was prompted by reports of failure of the HPP driving
gear and a subsequent investigation by the manufacturer, which
determined that a certain batch of HPP driving gears may have been
damaged during assembly. The investigation also determined that
affected engines equipped with an affected cylinder head were also
subject to premature failure of the HPP driving gear. The FAA is
issuing this AD to prevent the failure of the HPP driving gear. The
unsafe condition, if not addressed, could result in in-flight engine
shut-down, forced landing, and damage to the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
(1) For engines with an affected cylinder head, before further
flight after the effective date of this AD, perform all actions in
the Accomplishment/Instructions, paragraph 2.1., of Austro Engine
Mandatory Service Bulletin No. MSB-E4-035/1, Revision No. 1, dated
September 30, 2021 (MSB-E4-035/1).
(2) If, during the performance of the actions required by
paragraph (g)(1) of this AD, the HPP driving gear does not pass the
inspection, as specified in paragraph 2.1. of Austro Engine MSB-E4-
035/1, before further flight, replace the HPP driving gear with a
part eligible for installation.
(3) For engines equipped with an affected HPP driving gear,
within the compliance time specified in Table 1 to paragraph (g)(3)
of this AD, as applicable, replace each affected HPP driving gear
with a part eligible for installation.
[[Page 60162]]
[GRAPHIC] [TIFF OMITTED] TR01NO21.001
(h) Definitions
(1) For the purpose of this AD, a part eligible for installation
is an HPP driving gear that is not an affected HPP driving gear.
(2) For the purpose of this AD, engines in Engine Group 1 are
Model E4 engines in configuration ``-A'' installed on single engine
airplanes.
(3) For the purpose of this AD, engines in Engine Group 2 are
Model E4 engines in configuration ``-B'' or ``-C'' and Model E4P
engines installed on twin-engine airplanes.
(i) Special Flight Permit
A special flight permit may be issued in accordance with 14 CFR
21.197 and 21.199 to permit a single ferry flight to a location
where the actions required by this AD can be accomplished on a twin-
engine airplane that has one or two Model E4 engines in
configuration ``-B'' or ``-C'', or Model E4P engines, installed.
(j) Non-Required Actions
The requirements to fill out and send the execution report to
Austro Engine, as well as the requirement to contact Austro Engine
and provide pictures of the driving gear, as set forth in the
Accomplishment/Instructions, paragraph 2.1., of MSB-E4-035/1, are
not required by this AD.
(k) 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
paragraph (l)(1) of this AD. You may email your request to: <a href="/cdn-cgi/l/email-protection#72333c375f33365f333f3d31321413135c151d04"><span class="__cf_email__" data-cfemail="c889868de5898ce58985878b88aea9a9e6afa7be">[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.
(l) 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#8ff8eae8e0a1f8eee1e8cfe9eeeea1e8e0f9"><span class="__cf_email__" data-cfemail="8ef9ebe9e1a0f9efe0e9cee8efefa0e9e1f8">[email protected]</span></a>.
(2) Refer to European Union Aviation Safety Agency (EASA) AD
2021-0203R1, dated September 24, 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-2021-0946.
(m) 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 (MSB) No. MSB-E4-
035/1, Revision No. 1, dated September 30, 2021.
(ii) Austro Engine MSB No. MSB-E4-034/3, Revision No. 3, dated
September 30, 2021.
(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; 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#2543570b4c4b56554046514c4a4b654b4457440b424a53"><span class="__cf_email__" data-cfemail="3b5d49155255484b5e584f5254557b555a495a155c544d">[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 October 27, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-23842 Filed 10-28-21; 11:15 am]
BILLING CODE 4910-13-P
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