[Federal Register Volume 83, Number 71 (Thursday, April 12, 2018)]
[Rules and Regulations]
[Pages 15733-15736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07540]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0153; Product Identifier 2018-NE-03-AD; Amendment 
39-19247; AD 2018-07-16]
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: We are adopting a new airworthiness directive (AD) for all 
Austro Engine GmbH model E4 and E4P diesel piston engines. This AD 
requires replacement of the waste gate controller and the control rod 
circlip. This AD was prompted by reports of broken or disconnected 
turbocharger waste gate control rods on some engines. We are issuing 
this AD to address the unsafe condition on these products.

DATES: This AD is effective April 27, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 27, 
2018.
    We must receive comments on this AD by May 29, 2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     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.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590, 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, A-2700 Weiner Neustadt, 
Austria; phone: +43 2622 23000; fax: +43 2622 23000-2711; internet: 
www.austroengine.at. You may view this service information at the FAA, 
Engine & Propeller Standards Branch, 1200 District Avenue, Burlington, 
MA 01803. For information on the

[[Page 15734]]

availability of this material at the FAA, call 781-238-7759. It is also 
available on the internet at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2018-0153.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0153; 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 regulatory evaluation, any comments received, and 
other information. The street address for the Docket Operations (phone: 
800-647-5527) is listed above. Comments will be available in the AD 
docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Robert Green, Aerospace Engineer, ECO 
Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 781-
238-7754; fax: 781-238-7199; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
AD 2017-0250, dated December 18, 2017 (referred to after this as the 
MCAI), to address an unsafe condition for the specified products. The 
MCAI states:

    Occurrences have been reported where, on some engines, 
turbocharger waste gate control rods were found broken and/or 
disconnected. Investigation results indicate that these failures 
were due to insufficient fatigue life or improper handling of the 
waste gate control rod and improper installation of the non spring 
loaded waste gate control rod circlip.
    These conditions, if not corrected, could lead to improper 
operation of the waste gate with consequent engine power loss, 
possibly resulting in reduced control of the aeroplane.
    To address these potential unsafe conditions, Austro Engine 
designed a new spring loaded waste gate control rod circlip and 
published Mandatory Service Bulletin (MSB) MSB-E4-022, later 
revised, EASA AD No. 2017-0250 introducing a life limit for the 
affected waste gate controllers and waste gate control rod circlips.
    For the reason described above, this [EASA] AD requires 
implementation of those life limits, and prohibits reinstallation of 
non spring loaded circlips.

    You may obtain further information by examining the MCAI in the AD 
docket on the internet at http://www.regulations.gov by searching for 
and locating Docket No. FAA-2018-0153.

Related Service Information Under 1 CFR Part 51

    We reviewed Austro Engine Mandatory Service Bulletin (MSB) No. MSB-
E4-022/2, Rev. No. 2, November 27, 2017. The MSB describes procedures 
for replacement of the waste gate controller and the control rod 
circlip. 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 the ADDRESSES section.

Other Related Service Information

    We also reviewed Austro Engine GmbH MSB No. MSB-E4-002/2, Rev. No. 
2, dated April 1, 2015. This MSB describes E4 and E4P model engine 
configurations.

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 us of the unsafe 
condition described in the MCAI and service information referenced 
above. We are issuing this AD because we 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.

AD Requirements

    This AD requires replacement of the waste gate controller and the 
control rod circlip.

FAA's Justification and Determination of the Effective Date

    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 waiving notice and comment prior to adoption of this rule 
because the compliance time for the action is less than the time 
required for public comment. The FAA has reviewed and agrees with 
EASA's determination that certain affected waste gate controller and 
control rod circlip must be replaced within 50 flight hours or 2 
months. Failure to replace these parts within the required compliance 
times could lead to improper operation of the waste gate controller 
with consequent engine power loss and reduced control of the airplane. 
Therefore, we find good cause that notice and opportunity for prior 
public comment are impracticable. In addition, for the reason stated 
above, we find 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 any written data, views, or 
arguments about this final rule. Send your comments to an address 
listed under the ADDRESSES section. Include the docket number FAA-2018-
0153 and Product Identifier 2018-NE-03-AD at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this final rule. We will 
consider all comments received by the closing date and may amend this 
final rule because of those comments.
    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 we 
receive about this final rule.

Costs of Compliance

    We estimate that this AD affects 211 engines installed on airplanes 
of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Replace Turbocharger Waste Gate         1.5 work-hours x $85 per            $235         $362.50         $76,488
 Controller and Circlip.                 hour = $127.50.
----------------------------------------------------------------------------------------------------------------


[[Page 15735]]

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.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to engines, propellers, and 
associated appliances to the Manager, Engine and Propeller Standards 
Branch, Policy and Innovation Division.

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 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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

List of Subjects in 14 CFR Part 39

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

Adoption of 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 (AD):

2018-07-16 Austro Engine GmbH Engines: Amendment 39-19247; Docket 
No. FAA-2018-0153; Product Identifier 2018-NE-03-AD.

(a) Effective Date

    This AD is effective April 27, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Austro Engine GmbH model E4 and E4P 
diesel piston engines.

(d) Subject

    Joint Aircraft System Component (JASC) Code 8560, Reciprocating 
Engine Supercharger.

(e) Unsafe Condition

    This AD was prompted by reports of broken or disconnected 
turbocharger waste gate control rods on some engines. We are issuing 
this AD to prevent failure of the turbocharger waste gate control 
rod. The unsafe condition, if not addressed, could result in loss of 
engine thrust control and reduced control of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions

    Within the compliance times identified in Table 1 to paragraph 
(g) of this AD, and thereafter at intervals not to exceed 250 flight 
hours (FHs), replace the waste gate controller and control rod 
circlip in accordance with the Accomplishment Instructions, 
Paragraph 2.1, of Austro Engine GmbH Mandatory Service Bulletin 
(MSB) No. MSB-E4-022/2, Rev. No. 2, dated November 27, 2017.
[GRAPHIC] [TIFF OMITTED] TR12AP18.002

(h) Installation Prohibition

    Do not install on any engine a non-spring loaded waste gate 
control rod circlip, part number DIN6799-5, after the effective date 
of this AD.

(i) Definitions

    For the purpose of this AD, a Group 1 engine is an Austro Engine 
GmbH model E4-B or E4-C engine installed on a DA 42 M-NG airplane 
with external containers or an E4-A engine. A Group 2 engine is any 
other Austro Engine GmbH model E4 and E4P engine.

(j) Credit for Previous Actions

    You may take credit for replacement of the waste gate controller 
and control rod circlip required by paragraph (g) of this AD if you 
performed this action before the effective date of this AD using 
earlier versions of Austro Engine MSB No. MSB-E4-022.

[[Page 15736]]

(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 
certification office, send it to the attention of the person 
identified in paragraph (l)(1) of this AD. You may email your 
request to: [email protected].
    (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 Robert Green, 
Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue, 
Burlington, MA 01803; phone: 781-238-7754; fax: 781-238-7199; email: 
[email protected].
    (2) Refer to European Aviation Safety Agency (EASA) AD 2017-
0250, dated December 18, 2017, for more information. You may examine 
the EASA AD in the AD docket on the internet at http://www.regulations.gov by searching for and locating it in Docket No. 
FAA-2018-0153.

(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 GmbH Mandatory Service Bulletin No. MSB-E4-
022/2, Rev. No. 2, dated November 27, 2017.
    (ii) Reserved.
    (3) For Austro Engine GmbH service information identified in 
this AD, contact Austro Engine GmbH, Rudolf-Diesel-Strasse 11, A-
2700 Weiner Neustadt, Austria; phone: +43 2622 23000; fax: +43 2622 
23000-2711; internet: www.austroengine.at.
    (4) You may view this service information at FAA, Engine & 
Propeller Standards Branch, 1200 District Avenue, Burlington, MA. 
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, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Burlington, Massachusetts, on April 3, 2018.
Robert J. Ganley,
Manager, Engine and Propeller Standards Branch, Aircraft Certification 
Service.
[FR Doc. 2018-07540 Filed 4-11-18; 8:45 am]
 BILLING CODE 4910-13-P


