[Federal Register Volume 84, Number 213 (Monday, November 4, 2019)]
[Rules and Regulations]
[Pages 59292-59294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24029]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0747; Product Identifier 2019-NE-26-AD; Amendment 
39-19778; AD 2019-21-12]
RIN 2120-AA64


Airworthiness Directives; BRP-Rotax GmbH & Co KG 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 BRP-Rotax GmbH & Co KG (Rotax) 914 F2, 914 F3, and 914 F4 model 
engines. This AD requires removal of a certain exhaust valve and its 
replacement with a part eligible for installation. This AD was prompted 
by a report of a broken exhaust valve installed on a Rotax 914 model 
engine. The FAA is issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective November 19, 2019.
    The FAA must receive comments on this AD by December 19, 2019.

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 https://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 BRP-
Rotax GmbH & Co KG, Rotaxstrasse 1, A-4623 Gunskirchen, Austria; phone: 
+43 7246 601 0; fax: +43 7246 601 9130; email: airworthiness@brp.com; 
internet: www.flyrotax.com. You may view this service information at 
the FAA, Engine and Propeller Standards 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 http://www.regulations.gov by searching for and locating 
Docket No. FAA-2019-0747.

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-
0747; 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), the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations is listed above. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Wego Wang, Aerospace Engineer, ECO 
Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 781-
238-7134; fax: 781-238-7199; email: wego.wang@faa.gov.

SUPPLEMENTARY INFORMATION: 

Discussion

    The European Union Aviation Safety Agency (EASA), which is the 
Technical Agent for the Member States of the European Community, has 
issued EASA

[[Page 59293]]

AD No. 2018-0265R1, dated January 9, 2019 (and corrected January 10, 
2019) (referred to after this as ``the MCAI''), to address an unsafe 
condition for the specified products. The MCAI states:

    A broken exhaust valve has been reported on a non-certified 
Rotax 914 UL2-01 engine. Subsequent investigation identified 
deviation in the manufacturing process of the affected exhaust 
valve.
    This condition, if not corrected, could lead to in-flight shut 
down, possibly resulting in a forced landing with consequent damage 
to the aeroplane and injury to occupants.
    Due to similarity of design, this condition may affect also 
Rotax 915 iSc3 A, 915 iSc3 B engines and Rotax 914 F2, 914 F3 and 
914 F4 engines.
    To address this potential unsafe condition, BRP-Rotax issued the 
ASB, later revised, providing applicable instructions, and EASA 
issued AD 2018-0265-E requiring replacement of affected exhaust 
valves, and prohibiting installation thereof on an engine.
    Since that [EASA] AD was issued, it has been determined that 
only exhaust valve P/N 854113 of certain lot numbers are affected, 
and BRP-Rotax revised the ASB accordingly (now at revision 2).

    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-2019-0747.

Related Service Information

    The FAA reviewed BRP-Rotax Alert Service Bulletin (ASB) ASB-915 i 
A-003R2/ASB-915 i B-003R2/ASB-914-054R2 (single document), dated 
December 21, 2018. The ASB describes procedures for replacing the 
exhaust valve.

FAA's Determination

    This product has been approved by EASA, and is approved for 
operation in the United States. Pursuant to the FAA's bilateral 
agreement with the European Union, EASA has notified the FAA of the 
unsafe condition described in the MCAI and service information 
referenced above. The FAA is issuing this AD because it 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, within 10 flight hours or 3 months after the 
effective date of this AD, whichever occurs first, removal from service 
of certain exhaust valves and replacement with a part eligible for 
installation.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because no 
domestic operators use this product. It is unlikely that the FAA will 
receive any adverse comments or useful information about this AD from 
U.S. operators. Therefore, the FAA finds good cause that notice and 
opportunity for prior public comment are unnecessary. In addition, for 
this same reason, the FAA finds 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, the FAA invites 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-2019-
0747 and Product Identifier 2019-NE-26-AD at the beginning of your 
comments. The FAA specifically invites comments on the overall 
regulatory, economic, environmental, and energy aspects of this final 
rule. The FAA will consider all comments received by the closing date 
and may amend this final rule because of those comments.
    The FAA will post all comments received, without change, to https://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact received about this final rule.

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 notice and comment, 
RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 0 engines installed on 
airplanes of U.S. registry.
    In the event an affected engine becomes installed on a U.S.-
registered product, 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 exhaust valve..............  6 work-hours x $85 per hour          $1,500          $2,010              $0
                                      = $510.
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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.
    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

[[Page 59294]]

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, 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.

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  December 1, 2019 [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2019-21-12 BRP-Rotax GmbH & Co KG (Type Certificate previously held 
by BRP-Powertrain GmbH & Co KG; Bombardier-Rotax GmbH): Amendment 
39-19778; Docket No. FAA-2019-0747; Product Identifier 2019-NE-26-
AD.

(a) Effective Date

    This AD is effective November 19, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to BRP-Rotax GmbH & Co KG (Type certificate 
previously held by BRP-Powertrain GmbH & Co KG, Bombardier-Rotax 
GmbH) (Rotax) Model 914 F2, 914 F3, and 914 F4 engines, with an 
exhaust valve part number (P/N) 854113 that has a production lot 
number 0317 or 0517.

(d) Subject

    Joint Aircraft System Component (JASC) Code 8530, Reciprocating 
Engine Cylinder Section.

(e) Unsafe Condition

    This AD was prompted by a report of a broken exhaust valve 
installed on a Rotax 914 model engine. The FAA is issuing this AD to 
prevent failure of the exhaust valve. 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 10 flight hours or 3 months after the effective date of 
this AD, whichever occurs first, remove from service each exhaust 
valve P/N 854113 that has a production lot number 0317 or 0517, and 
replace with a part eligible for installation.

    Note 1 to paragraph (g):  For guidance on replacing the exhaust 
valve, refer to the Accomplishment Instructions, paragraphs 3.1 
through 3.6, of Rotax Alert Service Bulletin ASB-915 i A-003R2/ASB-
915 i B-003R2/ASB-914-054R2 (single document), dated December 21, 
2018.

(h) Installation Prohibition

    After the effective date of this AD, do not install an exhaust 
valve P/N 854113 that has a production lot number 0317 or 0517 on 
any engine.

(i) 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 (j)(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 
of the local flight standards district office/certificate holding 
district office.

(j) Related Information

    (1) For more information about this AD, contact Wego Wang, 
Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue, 
Burlington, MA 01803; phone: 781-238-7134; fax: 781-238-7199; email: 
wego.wang@faa.gov.
    (2) Refer to European Union Aviation Safety Agency (EASA) AD No. 
2018-0265R1, dated January 9, 2019 (and corrected January 10, 2019), 
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-2019-0747.

(k) Material Incorporated by Reference

    None.

    Issued in Burlington, Massachusetts, on October 29, 2019.
Robert J. Ganley,
Manager, Engine and Propeller Standards Branch, Aircraft Certification 
Service.
[FR Doc. 2019-24029 Filed 11-1-19; 8:45 am]
 BILLING CODE 4910-13-P


