[Federal Register Volume 85, Number 215 (Thursday, November 5, 2020)]
[Rules and Regulations]
[Pages 70442-70445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24539]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0664; Project Identifier 2018-NE-03-AD; Amendment 
39-21310; AD 2020-22-14]
RIN 2120-AA64


Airworthiness Directives; Austro Engine GmbH Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2018-07-16 
for all Austro Engine GmbH model E4 and E4P diesel piston engines. AD 
2018-07-16 required initial and repetitive replacement of the waste 
gate controller and the control rod circlip. This AD retains the 
requirements of AD 2018-07-16 and requires engine modification by 
installing a waste gate control-rod fail-safe bridge and new spring-
loaded circlip that terminates the initial and repetitive replacement 
requirements of AD 2018-07-16. This AD was prompted by the development 
of a modification of the waste gate control rod by adding a fail-safe 
bridge and spring-loaded circlip. The FAA is issuing this AD to address 
the unsafe condition on these products.

DATES: This AD is effective December 10, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 10, 
2020.

ADDRESSES: 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, 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 on the internet at https://www.regulations.gov by searching 
for and locating Docket No. FAA-2019-0664.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0664; 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 AD, the mandatory continuing airworthiness information (MCAI), any 
comments received, and other information. The address for Docket 
Operations is 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: Barbara Caufield, Aerospace Engineer, 
ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 
781-238-7146; fax: 781-238-7199; email: barbara.caufield@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2018-07-16, Amendment 39-19247 (83 FR 
15733, April 12, 2018), (``AD 2018-07-16''). AD 2018-07-16 applied to 
all Austro Engine GmbH model E4 and E4P diesel piston engines. The NPRM 
published in the Federal Register on October 23, 2019 (84 FR 56707). 
The NPRM was prompted by the development of a modification of the waste 
gate control-rod by adding a fail-safe bridge and spring-loaded 
circlip. The NPRM proposed to retain all of the requirements of AD-
2018-07-16. The NPRM also proposed engine modification by installing 
the waste gate control rod fail-safe bridge and new spring-loaded 
circlip as terminating action for the initial and repetitive 
replacement of the waste gate controller and the control rod circlip. 
The FAA is issuing this AD to address the unsafe condition on these 
products.
    The European Union Aviation Safety Agency (EASA), which is the 
Technical

[[Page 70443]]

Agent for the Member States of the European Community, has issued EASA 
AD 2018-0125, dated June 6, 2018 (referred to after this as ``the 
MCAI''), to address the unsafe condition on these products. The MCAI 
states:

    Occurrences were 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 
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 this potential unsafe condition, Austro Engine 
designed a new spring loaded circlip and published MSB-E4-022 (later 
revised), introducing a life limit for the affected waste gate 
controllers and circlips. Consequently, EASA issued AD 2017-0250, 
requiring implementation of those life limits, and prohibiting 
reinstallation of non-spring-loaded circlips.
    Since that [EASA] AD was issued, Austro Engine developed a 
modification, which allows replacing the waste gate controller and 
the circlip on condition, and issued the MSB accordingly. For the 
reason stated above, this [EASA] AD retains the requirements of EASA 
AD 2017-0250, which is superseded, and requires an engine 
modification by installing a waste-gate control-rod fail-safe bridge 
and a new circlip, which cancels the life limitations.

    You may obtain further information by examining the MCAI in the AD 
docket on the internet at https://www.regulations.gov by searching for 
and locating Docket No. FAA-2019-0664.

Update to the Service Information

    The FAA determined the need to incorporate the latest service 
information in this AD. The FAA revised the references to Austro Engine 
Mandatory Service Bulletin (MSB) No. MSB-E4-022 (the MSB), in 
paragraphs (g) and (h) of this AD from Rev. No. 3, dated April 16, 
2018, to Rev. No. 5, dated December 12, 2018. Rev. No. 5 of the MSB 
retains the same instructions for initial and repetitive replacement of 
the waste gate controller and the control rod circlip as Rev. No. 3. 
Rev No. 5 of the MSB also includes the same instructions as Rev. No. 3 
for modification of an engine by installing a waste gate control rod 
fail-safe bridge and a new spring-loaded circlip. The FAA is, 
therefore, revising the references in paragraph (g) and (h) of this AD 
from Rev. No. 3 to Rev. No. 5 of the MSB so that operators may avoid 
unnecessary submission of alternative methods of compliance requests.

Update to Credit for Previous Actions

    The FAA revised paragraph (j)(2) of this AD to allow credit for the 
performance of the terminating action in paragraph (h) of this AD, if 
that terminating action was completed before the effective date of this 
AD using Rev. No. 4, dated September 12, 2018, or Rev. No. 3, dated 
April 16, 2018, of the MSB to perform the terminating action.

Comments

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

Conclusion

    The FAA reviewed the relevant data and determined that air safety 
and the public interest require adopting this AD with the changes 
described previously and minor editorial changes. The FAA has 
determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Austro Engine MSB No. MSB-E4-022/5, Rev. No. 5, 
dated December 12, 2018. The MSB describes procedures for initial and 
repetitive replacement of the waste gate controller and the control rod 
circlip. The MSB also describes procedures for the installation of the 
waste gate control-rod fail-safe bridge and new spring-loaded circlip 
as terminating action for the initial and repetitive replacement 
procedures of the MSB. 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.

Costs of Compliance

    The FAA estimates that this AD affects 211 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
----------------------------------------------------------------------------------------------------------------
Replace waste gate controller and       0.5 work-hours x $85 per            $235         $277.50      $58,552.50
 control rod circlip.                    hour = $42.50.
Install waste gate control rod fail-    0.5 work-hours x $85 per             227          269.50       56,864.50
 safe bridge and new spring-loaded       hour = $42.50.
 circlip.
----------------------------------------------------------------------------------------------------------------

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:

[[Page 70444]]

    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, 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.

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 removing Airworthiness Directive (AD) 
2018-07-16, Amendment 39-19247 (83 FR 15733, April 12, 2018), and 
adding the following new AD:

2020-22-14 Austro Engine GmbH: Amendment 39-21310; Docket No. FAA-
2019-0664; Project Identifier 2018-NE-03-AD.

(a) Effective Date

    This AD is effective December 10, 2020.

(b) Affected ADs

    This AD replaces AD 2018-07-16, Amendment 39-19247 (83 FR 15733, 
April 12, 2018).

(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. The FAA is 
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

    (1) Within the compliance times identified in Table 1 to 
paragraph (g)(1) 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, Initial Action or Repetitive Action, of 
Austro Engine Mandatory Service Bulletin (MSB) No. MSB-E4-022/5, 
Rev. No. 5, dated December 12, 2018.
[GRAPHIC] [TIFF OMITTED] TR05NO20.009

    (2) Within 200 FH or six months, whichever occurs first after 
the effective date of this AD, modify the engine by installing a 
waste gate control rod fail-safe bridge and a new spring-loaded 
circlip in accordance with the Accomplishment/Instructions, 
Paragraph 2.1, Terminating Action, of Austro Engine GmbH MSB No. 
MSB-E4-022/5, Rev. No. 5, dated December 12, 2018.

(h) Terminating Action

    Modification of an engine by installing a waste gate control rod 
fail-safe bridge and a new spring-loaded circlip, in accordance with 
the Accomplishment/Instructions, Paragraph 2.1, Terminating Action, 
of Austro Engine MSB No. MSB-E4-022/5, Rev. No. 5, dated December 
12, 2018, is terminating action for the initial and repetitive 
replacement requirements of paragraph (g)(1) of this AD for that 
engine.

(i) Definitions

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

(j) Credit for Previous Actions

    (1) You may take credit for initial and repetitive replacements 
of the waste gate controller and control rod circlip required by 
paragraph (g)(1) of this AD if you performed this action before the 
effective date of this AD using Austro Engine MSB No. MSB-E4-022/3, 
Rev. No. 3, dated April 16, 2018, or earlier versions.
    (2) You may take credit for the terminating action in paragraph 
(h) of this AD if you performed the terminating action before the 
effective date of this AD using Austro Engine MSB No. MSB-E4-022/4, 
Rev. No. 4, dated September 12, 2018, or Rev. No. 3, dated April 16, 
2018.

(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: ANE-AD-AMOC@faa.gov.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager

[[Page 70445]]

of the local flight standards district office/certificate holding 
district office.

(l) Related Information

    (1) For more information about this AD, contact Barbara 
Caufield, Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue, 
Burlington, MA 01803; phone: 781-238-7146; fax: 781-238-7199; email: 
barbara.caufield@faa.gov.
    (2) Refer to European Union Aviation Safety Agency (EASA) AD 
2018-0125, dated June 6, 2018, for more information. You may examine 
the EASA AD in the AD docket on the internet at https://www.regulations.gov by searching for and locating it in Docket No. 
FAA-2019-0664.

(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-
022/5, Rev. No. 5, dated December 12, 2018.
    (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 referenced 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 fedreg.legal@nara.gov, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on October 20, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.

[FR Doc. 2020-24539 Filed 11-4-20; 8:45 am]
BILLING CODE 4910-13-P


