Rule2024-21804
Airworthiness Directives; Austro Engine GmbH Engines
Primary source
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Published
September 24, 2024
Effective
October 9, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for certain Austro Engine GmbH (Austro) Model E4 and E4P engines. This AD was prompted by reports of engine failures and an investigation where cracks were discovered on the pistons. This AD requires repetitive borescope inspections (BSIs) for cracks on the pistons, and, if necessary, removal from service and replacement of the piston, and a fuel sample analysis for water contamination and, if contamination is found, replacement of the high-pressure pump (HPP), injectors, and fuel rails. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 89 Issue 185 (Tuesday, September 24, 2024)</title>
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[Federal Register Volume 89, Number 185 (Tuesday, September 24, 2024)]
[Rules and Regulations]
[Pages 77772-77775]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-21804]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-2313; Project Identifier MCAI-2024-00493-E;
Amendment 39-22852; AD 2024-19-10]
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 (Austro) Model E4 and E4P engines. This AD
was prompted by reports of engine failures and an investigation where
cracks were discovered on the pistons. This AD requires repetitive
borescope inspections (BSIs) for cracks on the pistons, and, if
necessary, removal from service and replacement of the piston, and a
fuel sample analysis for water contamination and, if contamination is
found, replacement of the high-pressure pump (HPP), injectors, and fuel
rails. The FAA is issuing this AD to address the unsafe condition on
these products.
DATES: This AD is effective October 9, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 9,
2024.
The FAA must receive comments on this AD by November 8, 2024.
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="http://regulations.gov">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.
[[Page 77773]]
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2024-2313; 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 Docket Operations is listed above.
Material Incorporated by Reference:
<bullet> For Austro material identified in this AD, contact Austro,
Rudolf-Diesel-Strasse 11, A-2700 Weiner Neustadt, Austria; phone: +43
2622 23000; website: austroengine.at.
<bullet> You may view this material 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 (817) 222-5110. It is also available at
<a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2024-2313.
FOR FURTHER INFORMATION CONTACT: Morton Lee, Aviation Safety Engineer,
FAA, 1200 District Avenue, Burlington, MA 01803; phone: (860) 386-1791;
email: <a href="/cdn-cgi/l/email-protection#cea3a1bcbaa1a0e0b7e0a2abab8ea8afafe0a9a1b8"><span class="__cf_email__" data-cfemail="066b6974726968287f286a63634660676728616970">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
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-2024-2313; Project Identifier MCAI-
2024-00493-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="http://regulations.gov">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 Morton
Lee, Aviation Safety Engineer, 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.
Background
The European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Union, has issued
EASA Emergency AD 2024-0172-E, dated August 28, 2024 (EASA AD 2024-
0172-E) (also referred to as the MCAI), to correct an unsafe condition
on certain Austro Model E4 and E4P engines having a piston part number
(P/N) E4A-72-400-000. The MCAI states that engine failures have been
reported, where, during subsequent inspection, cracks on the piston
were identified. During the following investigation, it was determined
that only affected parts (pistons P/N E4A-72-400-000) are subject to
that failure. Further investigation is on-going to determine the root
cause of that failure. This condition, if not corrected, could lead to
engine failure with consequent reduced control of the airplane and, for
single-engine airplanes, damage to the airplane and injury to occupants
during an emergency landing.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2024-2313.
Material Incorporated by Reference Under 1 CFR Part 51
The FAA reviewed Austro Mandatory Service Bulletin No. MSB-E4-043/
0, dated August 27, 2024, which specifies, among other things,
procedures for repetitive BSIs for cracks on the pistons.
This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.
FAA's Determination
These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with this State of Design
Authority, it has notified the FAA of the unsafe condition described in
the MCAI and material referenced above. The FAA is issuing this AD
after determining that the unsafe condition described previously is
likely to exist or develop on other products of the same type design.
AD Requirements
This AD requires repetitive BSIs for cracks on the pistons and, if
necessary, removal from service and replacement of the piston, and a
fuel sample analysis for water contamination and, if contamination is
found, replacement of the HPP, injectors, and fuel rails.
Interim Action
The FAA considers that this AD is an interim action. The unsafe
condition is still under investigation by the manufacturer and,
depending on the results of that investigation, the FAA may consider
further rulemaking action.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(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 forgoing notice and comment prior to adoption of this rule
because cracks on the pistons, if not corrected, could lead to engine
failure with consequent reduced control of the airplane and, for
single-engine airplanes, damage to the airplane and injury to occupants
during an emergency landing. The FAA has determined that these engines
will need to be inspected before 100 or 200 flight hours after
installation depending on the engine model. Based on the fleet usage of
these engines, many of these engines will need an inspection before
further flight and most within 3 months. These compliance times are
shorter than the time necessary for the public to comment and for
publication of the final
[[Page 77774]]
rule. Accordingly, notice and opportunity for prior public comment are
impracticable and contrary to the public interest pursuant to 5 U.S.C.
553(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.
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 the 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 20 engines installed on
airplanes of U.S. registry.
The FAA estimates the following costs to comply with this AD:
Estimated Costs
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Perform BSI of the piston............. 5 work-hours x $85 per $0 $425 $8,500
hour = $425.
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The FAA estimates the following costs to do any necessary
replacements and follow-on inspections that would be required based on
the results of the inspection. The agency has no way of determining the
number of engines that might need these replacements and follow-on
inspections.
On-Condition Costs
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Action Labor cost Parts cost Cost per product
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Replace the piston......................... 60 work-hours x $85 per hour $2,216 $7,316
= $5,100.
Perform fuel sample analysis............... 1 work-hours x $85 per hour = 0 85
$85.
Replace the injectors, HPP, and fuel rails. 60 work-hours x $85 per hour 2,216 7,316
= $5,100.
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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:
2024-19-10 Austro Engine GmbH: Amendment 39-22852; Docket No. FAA-
2024-2313; Project Identifier MCAI-2024-00493-E.
(a) Effective Date
This airworthiness directive (AD) is effective October 9, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Austro Engine GmbH (Austro) Model E4 and E4P
engines with an installed piston having part number E4A-72-400-000.
(d) Subject
Joint Aircraft System Component (JASC) Code 8500, Engine
(Reciprocating).
(e) Unsafe Condition
This AD was prompted by reports of engine failures and an
investigation where cracks were discovered on the pistons. The FAA
is issuing this AD to detect and address cracks on the pistons. The
unsafe condition, if not addressed, could result in engine failure
with consequent reduced control of the airplane and, for single-
engine airplanes, damage to the airplane and injury to occupants
during an emergency landing.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
(1) At the applicable times specified in paragraphs (g)(1)(i)
through (iv) of this AD, do repetitive borescope inspections (BSIs)
of each affected piston for cracks on the piston in accordance with
paragraph 2.1.2 ``Accomplishment/Instructions'' of Austro Mandatory
Service Bulletin No. MSB-E4-043/0, dated August 27, 2024.
(i) For Configuration E4A and E4P engines with less than 100
flight hours (FHs) since installation as of the effective date of
this AD: Inspect within 100 FHs since installation and thereafter at
intervals not to exceed 50 FHs.
[[Page 77775]]
(ii) For Configuration E4A and E4P engines with 100 FHs or more
since installation as of the effective date of this AD: Inspect
before further flight and thereafter at intervals not to exceed 50
FHs.
(iii) For Configuration E4B and E4C engines with less than 200
FHs since installation as of the effective date of this AD: Inspect
within 200 FHs since installation and thereafter at intervals not to
exceed 100 FHs.
(iv) For Configuration E4B and E4C engines with 200 FHs or more
since installation as of the effective date of this AD: Inspect
before further flight and thereafter at intervals not to exceed 100
FHs.
(2) If during any BSI required by paragraph (g)(1) of this AD,
any crack is found, before further flight, do the following:
(i) Remove from service and replace the piston. Replacement of
the engine core includes piston replacement and would satisfy this
requirement.
(ii) Collect a fuel sample from the high-pressure pump (HPP)
fuel return line and do a fuel analysis for water contamination.
(iii) If during any fuel analysis required by paragraph
(g)(2)(ii), any water contamination is found, remove from service
and replace the HPP, injectors, and fuel rails.
(h) Definitions
For the purpose of this AD:
(1) ``Configuration E4A engines'' are Model E4 engines with an
engine serial number (ESN) that begins with ``E4-A- . . .''
(2) ``Configuration E4B engines'' are Model E4 engines with an
ESN that begins with ``E4-B- . . .''
(3) ``Configuration E4C engines'' are Model E4 engines with an
ESN that begins with ``E4-C- . . .''
(4) ``Configuration E4P engines'' are Model E4P engines with an
ESN that begins with ``E4P-B- . . .'' or ``E4P-C- . . .''
(i) Credit for Previous Actions
Credit may be taken for BSIs done before the effective date of
this AD using Austro Engine Authorization Request/Occurrence
Reporting AR1734, dated August 16, 2024.
(j) Special Flight Permits
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, provided
that the flight is accomplished under visual flight rule conditions,
without passengers, and does not exceed 3 FHs.
(k) Alternative Methods of Compliance (AMOCs)
(1) The Manager, International Validation 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 International Validation Branch, send
it to the attention of the person identified in paragraph (l) of
this AD and email to: <a href="/cdn-cgi/l/email-protection#4f0e02000c0f292e2e61282039"><span class="__cf_email__" data-cfemail="db9a9694989bbdbabaf5bcb4ad">[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) Additional Information
For more information about this AD, contact Morton Lee, Aviation
Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; phone: (860) 386-1791; email: <a href="/cdn-cgi/l/email-protection#96fbf9e4e2f9f8b8efb8faf3f3d6f0f7f7b8f1f9e0"><span class="__cf_email__" data-cfemail="ea8785989e8584c493c4868f8faa8c8b8bc48d859c">[email protected]</span></a>.
(m) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the material listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this material as applicable to do the actions
required by this AD, unless the AD specifies otherwise.
(i) Austro Engine GmbH (Austro) Mandatory Service Bulletin No.
MSB-E4-043/0, dated August 27, 2024.
(ii) [Reserved]
(3) For Austro material identified in this AD, contact Austro,
Rudolf-Diesel-Strasse 11, A-2700 Weiner Neustadt, Austria; phone:
+43 2622 23000; website: austroengine.at.
(4) You may view this material 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 (817) 222-5110.
(5) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> or email <a href="/cdn-cgi/l/email-protection#81e7f3afe8eff2f1e4e2f5e8eeefc1efe0f3e0afe6eef7"><span class="__cf_email__" data-cfemail="0c6a7e2265627f7c696f786563624c626d7e6d226b637a">[email protected]</span></a>.
Issued on September 17, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-21804 Filed 9-19-24; 4:15 pm]
BILLING CODE 4910-13-P
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