
[Federal Register: August 18, 2010 (Volume 75, Number 159)]
[Rules and Regulations]               
[Page 50865-50867]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18au10-10]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0329 Directorate Identifier 2010-CE-016-AD; 
Amendment 39-16400; AD 2010-17-08]
RIN 2120-AA64

 
Airworthiness Directives; Various Aircraft Equipped With Rotax 
Aircraft Engines 912 A Series Engines

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This 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:

    Due to high fuel pressure, caused by exceeding pressure in front 
of the mechanical fuel pump (e.g. due to an electrical fuel pump), 
in limited cases a deviation in the fuel supply could occur. This 
can result in exceeding of the fuel pressure and might cause engine 
malfunction and/or massive fuel leakage.

We are issuing this AD to prevent the pump from causing excessive fuel 
pressure, which could result in engine malfunction or a massive fuel 
leak. These conditions could cause loss of control of the airplane or a 
fire. We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective September 22, 2010.
    On September 22, 2010, the Director of the Federal Register 
approved the incorporation by reference of certain publications listed 
in this AD.

ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov or in person at Document Management Facility, U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 
20590.

FOR FURTHER INFORMATION CONTACT: Sarjapur Nagarajan, Aerospace 
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas 
City, Missouri 64106; telephone: (816) 329-4145; fax: (816) 329-4090; 
e-mail: sarjapur.nagarajan@faa.gov.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on June 8, 2010 (75 FR 
32315). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    Due to high fuel pressure, caused by exceeding pressure in front 
of the mechanical fuel pump (e.g. due to an electrical fuel pump), 
in limited cases a deviation in the fuel supply could occur. This 
can result in exceeding of the fuel pressure and might cause engine 
malfunction and/or massive fuel leakage.
    Non-compliance with these instructions could result in engine 
damages, personal injuries or death.

The MCAI requires replacing the affected fuel pumps with a different 
part number fuel pump.
    The MCAI applies to all versions of Bombardier-Rotax GmbH 912 A, 
912 F, and 912 S series engines. Versions of the 912 F series and 912 S 
series engines are type certificated in the United States. However, the 
Model 912 A series engine installed in various aircraft does not have 
an engine type certificate; instead, the engine is part of the aircraft 
type design.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a NOTE within the AD.

[[Page 50866]]

Costs of Compliance

    We estimate that this AD will affect 60 products of U.S. registry. 
We also estimate that it will take about .5 work-hour per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Required parts will cost about $650 per product.
    Based on these figures, we estimate the cost of this AD to the U.S. 
operators to be $41,550 or $692.50 per product.

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 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 this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under 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 AD and placed it in the AD Docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains the NPRM, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Office (telephone (800) 647-5527) is in the ADDRESSES 
section. Comments will be available in the AD docket shortly after 
receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
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 AD:

2010-17-08 Various Aircraft: Amendment 39-16400; Docket No. FAA-
2010-0329; Directorate Identifier 2010-CE-016-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective 
September 22, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all serial numbers of the following 
aircraft, equipped with a Rotax Aircraft Engines 912 A series engine 
with fuel pumps, part numbers (P/Ns) 892230, 892232, 892540 
(standard version) or P/Ns 892235, 892236, 892545 (version including 
flexible fuel line) installed, and certificated in any category:

------------------------------------------------------------------------
    Type certificate holder         Aircraft model        Engine model
------------------------------------------------------------------------
Aeromot-Industria Mecanico      AMT-200..............  912 A2.
 Metalurgica Ltda.
Diamond Aircraft Industries...  HK 36 R ``SUPER        912 A.
                                 DIMONA''.
Diamond Aircraft Industries...  HK 36 TS.............  912 A3.
GmbH..........................  HK 36 TC.............  912 A3.
Diamond Aircraft Industries     DA20-A1..............  912 A3.
 Inc.
HOAC-Austria..................  DV 20 KATANA.........  912 A3.
Iniziative Industriali          Sky Arrow 650 TC.....  912 A2.
 Italiane S.p.A.
SCHEIBE-Flugzeugbau GmbH......  SF 25C...............  912 A2 or 912 A3.
------------------------------------------------------------------------

Subject

    (d) Air Transport Association of America (ATA) Code 73: Engine 
Fuel and Control.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    Due to high fuel pressure, caused by exceeding pressure in front 
of the mechanical fuel pump (e.g., due to an electrical fuel pump), 
in limited cases a deviation in the fuel supply could occur. This 
can result in exceeding of the fuel pressure and might cause engine 
malfunction and/or massive fuel leakage.
    Non-compliance with these instructions could result in engine 
damages, personal injuries or death.
    We are issuing this AD to prevent the pump from causing 
excessive fuel pressure, which could result in engine malfunction or 
a massive fuel leak. These conditions could cause loss of control of 
the airplane or a fire. The MCAI requires replacing the affected 
fuel pumps with a different part number fuel pump.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Within the next 25 hours time-in-service after September 22, 
2010 (the effective date of this AD), replace fuel pump P/N 892230, 
892232, 892540, 892235, 892236, or 892545 with an FAA-approved fuel 
pump that does not have one of the P/Ns referenced above following 
Rotax Aircraft Engines Mandatory Service Bulletin SB-912-053, dated 
April 13, 2007.
    (2) As of September 22, 2010 (the effective date of this AD) do 
not install fuel pump P/N 892230, 892232, 892540, 892235, 892236, or 
892545, on any airplane.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: The MCAI requires replacing an affected fuel pump with 
fuel pump P/N 892542 or 892546. This AD

[[Page 50867]]

requires replacement of an affected fuel pump with an FAA-approved 
fuel pump that does not have one of the P/Ns referenced in paragraph 
(f)(1) of this AD.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Office, FAA, has the authority to approve AMOCs for this 
AD, if requested using the procedures found in 14 CFR 39.19. Send 
information to ATTN: Sarjapur Nagarajan, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4145; fax: (816) 329-4090; e-
mail: sarjapur.nagarajan@faa.gov. Before using any approved AMOC on 
any airplane to which the AMOC applies, notify your appropriate 
principal inspector (PI) in the FAA Flight Standards District Office 
(FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI EASA AD No.: 2007-0060R1-E, dated April 20, 
2007; and Rotax Aircraft Engines Service Bulletin SB-912-053, dated 
April 13, 2007, for related information.

Material Incorporated by Reference

    (i) You must use Rotax Aircraft Engines Mandatory Service 
Bulletin SB-912-053, dated April 13, 2007, to do the actions 
required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact BRP-
Powertrain GMBH & Co KG, Welser Strasse 32, A-4623 Gunskirchen, 
Austria; phone: (+43) (0) 7246 601-0; fax: (+43) (0) 7246 6370; 
Internet: http://www.rotax.com.
    (3) You may review copies of the service information 
incorporated by reference for this AD at the FAA, Central Region, 
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri 
64106. For information on the availability of this material at the 
Central Region, call (816) 329-3768.
    (4) You may also review copies of the service information 
incorporated by reference for this AD at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, call (202) 741-6030, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Kansas City, Missouri, on August 5, 2010.
Brian A. Yanez,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-19840 Filed 8-17-10; 8:45 am]
BILLING CODE 4910-13-P

