[Federal Register Volume 85, Number 55 (Friday, March 20, 2020)]
[Proposed Rules]
[Pages 16014-16016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05292]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-1113; Project Identifier MCAI-2019-00117-E]
RIN 2120-AA64


Airworthiness Directives; Austro Engine GmbH Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Austro Engine GmbH model E4 and E4P diesel piston engines. This 
proposed AD was prompted by reports of considerable wear of the timing 
chain and failure of fuel injectors on these engines. This proposed AD 
would require replacement of the timing chain and fuel injectors on the 
affected Austro Engine GmbH model E4 and E4P diesel piston engines. The 
FAA is proposing this AD to address the unsafe condition on these 
products.

DATES: The FAA must receive comments on this proposed AD by May 4, 
2020.

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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Austro 
Engine GmbH, Rudolf-Diesel-Strasse 11, A-2700 Weiner Neustadt, Austria; 
phone: +43 2622 23000; fax: +43 2622 23000-2711; website: 
www.austroengine.at. 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.

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-
1113; 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 NPRM, the mandatory continuing airworthiness information (MCAI), 
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: Mehdi Lamnyi, Aerospace Engineer, ECO 
Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 781-
238-7743; fax: 781-238-7199; email: Mehdi.Lamnyi@faa.gov.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2019-1113; 
Project Identifier MCAI-2019-00117-E'' at the beginning of your 
comments. The FAA specifically invites comments on the overall 
regulatory, economic, environmental, and energy aspects of this NPRM. 
The FAA will consider all comments received by the closing date and may 
amend this NPRM because of those comments.
    Except for Confidential Business Information 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 
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 NPRM.

Confidential Business Information

    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 NPRM 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 NPRM, 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 NPRM. Submissions containing 
CBI should be sent to Mehdi Lamnyi, Aerospace Engineer, ECO Branch, 
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.

Discussion

    The European Union Aviation Safety Agency (EASA), which is the 
Technical Agent for the Member States of the European Community, has 
issued EASA AD 2019-0041, dated February 25, 2019 (referred to after 
this as ``the MCAI''), to address the unsafe condition on these 
products. The MCAI states:

    The airworthiness limitations and maintenance tasks for the 
Austro Engine E4 and E4P engines, which are approved by EASA, are 
currently defined and published in the Austro Engine MM, Chapter 04. 
These instructions have been identified as mandatory for continued 
airworthiness.
    Failure to accomplish these instructions could result in an 
unsafe condition.
    Austro Engine recently revised the ALS, introducing life limit 
for the engine timing chain and for the fuel injectors.
    For the reason described above, this [EASA] AD requires 
accomplishment of the actions specified in the ALS.

    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-2019-1113.

[[Page 16015]]

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Austro Engine Mandatory Service Bulletin (MSB) No. 
MSB-E4-025, Rev. No. 3, dated January 8, 2019. The MSB describes 
procedures for replacing the fuel injectors. 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

    The FAA reviewed Austro Engine Maintenance Manual (MM) Temporary 
Revision (TR) MM-TR-MDC-E4-454, dated October 3, 2018. The MM TR 
updates the time limits for the fuel injectors and timing chain and 
describes procedures for updating the Airworthiness Limitation Section 
in the existing approved MM.

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. The FAA is proposing 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.

Proposed AD Requirements

    This proposed AD would require replacement of the timing chain and 
fuel injectors on the affected Austro Engine GmbH model E4 and E4P 
diesel piston engines.

Differences Between This Proposed AD and the MCAI

    EASA AD 2019-0041, dated February 25, 2019, requires replacing 
components included in the revised ALS and updating the approved 
Aircraft Maintenance Program (AMP). This AD requires replacing the 
timing chain and the fuel injectors and does not require updating the 
AMP.

Costs of Compliance

    The FAA estimates that this proposed AD affects 263 engines 
installed on airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this proposed 
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Replace the timing chain..............  2.5 work-hours x $85 per          $2,980       $3,192.50     $839,627.50
                                         hour = $212.50.
Replace the fuel injectors............  2.5 work-hours x $85 per          $2,590       $2,802.50     $737,057.50
                                         hour = $212.50.
----------------------------------------------------------------------------------------------------------------

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

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 proposed 
regulation:
    (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 Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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):

Austro Engine GmbH: Docket No. FAA-2019-1113; Project Identifier 
MCAI-2019-00117-E.

(a) Comments Due Date

    The FAA must receive comments by May 4, 2020.

(b) Affected ADs

    None.

(c) Applicability

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

(d) Subject

    Joint Aircraft System Component (JASC) Code 7322, Fuel Control/
Reciprocating Engines and Code 8520, Reciprocating Engine Power 
Section.

(e) Unsafe Condition

    This AD was prompted by reports of considerable wear of the 
timing chain and failure of fuel injectors on the affected engines. 
The FAA is issuing this AD to prevent failure of the timing chain 
and fuel injectors. 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) For engines that have had a windmill restart before the 
effective date of this AD or for engines with a timing chain in 
which it cannot be determined if the engine has experienced any 
windmilling, after the effective date of this AD, remove the timing 
chain and replace with a part eligible for

[[Page 16016]]

installation as follows, whichever occurs later:
    (i) Before the timing chain exceeds 900 flight hours (FHs) since 
new, or;
    (ii) Within 100 FHs after the windmilling restart, or;
    (iii) Before further flight.
    (2) For engines that have a windmill restart after the effective 
date of this AD, remove the timing chain before it exceeds 900 FHs 
since new or within 100 FHs after the windmilling restart, whichever 
occurs later, and replace with a part eligible for installation.
    (3) Remove the fuel injectors and replace with parts eligible 
for installation before they exceed 900 FHs since new or before 
further flight after the effective date of this AD, whichever occurs 
later.
    (i) Use Accomplishment/Instructions, paragraph 2.1, of Austro 
Engine Mandatory Service Bulletin (MSB) No. MSB-E4-025, Rev. No. 3, 
dated January 8, 2019, to perform the required actions in paragraph 
(g)(3) of this AD.
    (ii) [Reserved]
    (4) Thereafter, repeat the replacement of the fuel injectors 
required by paragraph (g)(3) of this AD at intervals not exceeding 
900 FHs since new.

(h) Non-Required Actions

    The tagging and returning of the removed fuel injectors to the 
manufacturer, referenced in the Accomplishment/Instructions, 
paragraph 2.1, of Austro Engine MSB No. MSB-E4-025, Rev. No. 3, 
dated January 8, 2019, are not required by this AD.

(i) Credit for Previous Actions

    You may take credit for the replacement of the timing chain that 
is required by paragraph (g)(1) of this AD if you performed this 
replacement before the effective date of this AD using Austro Engine 
MSB No. MSB-E4-017/2, Revision 2, dated December 2, 2016.

(j) 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 
ECO Branch, send it to the attention of the person identified in 
paragraph (k)(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.

(k) Related Information

    (1) For more information about this AD, contact Mehdi Lamnyi, 
Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue, 
Burlington, MA 01803; phone: 781-238-7743; fax: 781-238-7199; email: 
Mehdi.Lamnyi@faa.gov.
    (2) Refer to European Union Aviation Safety Agency (EASA) AD 
2019-0041, dated February 25, 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-2019-1113.
    (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; website: www.austroengine.at. You may view this 
referenced 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.

    Issued on March 11, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-05292 Filed 3-19-20; 8:45 am]
 BILLING CODE 4910-13-P


