[Federal Register Volume 85, Number 52 (Tuesday, March 17, 2020)]
[Proposed Rules]
[Pages 15079-15082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05290]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0136; Project Identifier MCAI-2019-00114-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 supersede Airworthiness Directive (AD) 
2018-18-02, which applies to certain Austro Engine GmbH model E4 
engines and to all Austro Engine E4P engines. AD 2018-18-02 requires 
replacement of the timing chain and amending certain airplane flight 
manuals (AFMs) to limit the use of windmill restarts only as an 
emergency procedure. Since the FAA issued AD 2018-18-02, Austro Engine 
GmbH revised the applicable Airworthiness Limitation Section (ALS) 
including the limitation required by AD 2018-18-02 for the timing chain 
subjected to a windmill restart. This proposed AD would require 
amendment of certain existing AFMs to limit the use of windmill 
restarts and remove the timing chain replacement requirement that 
exists in AD 2018-18-02. The timing chain replacement requirement in 
accordance with new life limits defined in the revised ALS will be 
proposed in a new and separate AD. 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 1, 
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 Austro Engine GmbH 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. For Diamond Aircraft Industries service 
information identified in this NPRM, contact Diamond Aircraft 
Industries, N. A., Otto-Stra[beta]e 5, A-2700 Wiener Neustadt, A2700, 
Austria; phone: +43 2622 26700; fax: +43 2622 26780; website: 
www.diamondaircraft.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.

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-2020-
0136; 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-2020-0136; 
Project Identifier MCAI-2019-00114-E''

[[Page 15080]]

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 FAA issued AD 2018-18-02, Amendment 39-19381 (83 FR 53802, 
October 25, 2018), (``AD 2018-18-02''), for certain Austro Engine GmbH 
model E4 engines and for all Austro Engine E4P engines. AD 2018-18-02 
requires replacement of the timing chain and amending certain AFMs to 
limit the use of windmill restarts. AD 2018-18-02 resulted from reports 
of considerable wear of the timing chain on these engines. The FAA 
issued AD 2018-18-02 to prevent failure of the engine timing chain.

Actions Since AD 2018-18-02 Was Issued

    Since the FAA issued AD 2018-18-02, the European Union Aviation 
Safety Agency (EASA), which is the Technical Agent for the Member 
States of the European Community, has issued EASA AD 2017-0103R1, dated 
February 25, 2019 (referred to after this as ``the MCAI''), to address 
the unsafe condition on these products. The MCAI states:

    Considerable wear of the timing chain has been detected on some 
engines. This may have been caused by windmilling restarts, which 
are known to cause high stress to the timing chain. This condition, 
if not detected and corrected, could lead to failure of the timing 
chain and consequent engine power loss, possibly resulting in 
reduced control of the aeroplane.
    To address this potential unsafe condition, AE included 
instructions in the engine maintenance manual to periodically 
inspect the condition of the timing chain and, depending on 
findings, to replace the timing chain and the chain wheel. The 
operation manual was updated to allow windmilling restart only as an 
emergency procedure. AE also published Mandatory Service Bulletin 
(MSB) MSB-E4-017/2, providing instructions to replace the timing 
chain for engines with known windmilling restarts, and EASA issued 
AD 2017-0103, requiring replacement of the timing chain for engines 
with known windmilling restarts, and amendment of the applicable 
Aircraft Flight Manual (AFM). Since that [EASA] AD was issued, AE 
revised the applicable Airworthiness Limitation Section (ALS) 
including, among others, the limitation required by that AD. 
Consequently, EASA published AD 2019-0041, requiring accomplishment 
of the actions specified in the ALS.
    For the reason described above, this [EASA] AD is revised 
accordingly, removing the requirement of timing chain replacement. 
This action remain required through EASA AD 2019-0041.

    This proposed AD, which supersedes AD 2018-18-02, retains the AFM 
amendment requirements and removes the timing chain replacement 
requirement. The timing chain replacement requirement in accordance 
with new life limits defined in the revised ALS will be mandated by a 
proposed new and separate AD.
    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-2020-0136.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Diamond Aircraft (DA) Temporary Revision (TR) TR-
M[Auml]M-42-973, dated August 12, 2016, for the Diamond Aircraft 
Industries (DAI) model DA 42 NG Airplane Flight Manual (AFM) and DA TR 
TR-M[Auml]M-62-240, dated August 12, 2016, for the DAI model DA 62 NG 
AFM. These TRs define the removal of the normal operation procedure for 
windmilling restart for the respective airplanes. 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.

FAA's Determination

    The FAA is proposing this AD because it evaluated all the relevant 
information 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 retain certain requirements of AD 2018-18-
02. This proposed AD would retain the requirement for amending certain 
AFMs to limit the use of windmill restarts to emergency procedures and 
would remove the requirement for replacing the timing chain.

Costs of Compliance

    The FAA estimates that this proposed AD affects 211 engines 
installed on airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this proposed 
AD:

                                                 Estimated Costs
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                                                                                    Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Amend AFM...........................  1 work-hour x $85 per                $0              $85          $17,935
                                       hour = $85.
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[[Page 15081]]

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 removing airworthiness directive (AD) 
2018-18-02, Amendment 39-19381 (83 FR 53802, October 25, 2018), and 
adding the following new AD:

Austro Engine GmbH: Docket No. FAA-2020-0136; Project Identifier 
MCAI-2019-00114-E.

(a) Comments Due Date

    The FAA must receive comments by May 1, 2020.

(b) Affected ADs

    This AD replaces AD 2018-18-02, Amendment 39-19381 (83 FR 53802, 
October 25, 2018).

(c) Applicability

    This AD applies to Austro Engine GmbH model E4 engines with 
serial numbers that have a ``-B'' or ``-C'' configuration and to 
model E4P engines, all serial numbers.

(d) Subject

    Joint Aircraft System Component (JASC) Code 8520, Reciprocating 
Engine Power Section.

(e) Unsafe Condition

    This AD was prompted by reports of considerable wear of the 
timing chain on the affected engines. The FAA is issuing this AD to 
prevent failure of the engine timing chain. The unsafe condition, if 
not addressed, could result in failure of the engine timing chain, 
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 30 days after the effective date of this AD, under 
the Emergency Procedures chapter, amend the applicable airplane 
flight manual (AFM) by adding the information in Figure 1 to 
paragraph (g)(1) of this AD to limit the use of a windmilling 
restart to only an emergency procedure.

[[Page 15082]]

[GRAPHIC] [TIFF OMITTED] TP17MR20.007

    (2) For affected Austro Engine GmbH model E4 engines installed 
on Diamond Aircraft Industries (DAI) model Diamond Aircraft (DA) 42 
NG and DA 42 M-NG airplanes, and for Austro Engine GmbH model E4P 
engines installed on DAI model DA 62 airplanes, using AFM Temporary 
Revision (TR) TR-M[Auml]M-42-973, and AFM TR TR-M[Auml]M-62-240, 
both dated August 12, 2016, updating the applicable AFM is an 
acceptable method to comply with paragraph (g)(1) of this AD.

(h) Credit for Previous Actions

    You may take credit for actions required by paragraph (g) of 
this AD if you amended the AFM for the affected engine before the 
effective date of this AD in accordance with AD 2018-18-02.

(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 
ECO Branch, 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 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 
2017-0103R1, 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-2020-0136.
    (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. For Diamond Aircraft 
Industries service information identified in this AD, contact 
Diamond Aircraft Industries, N. A., Otto-Stra[beta]e 5, A-2700 
Wiener Neustadt, A2700, Austria; phone: +43 2622 26700; fax: +43 
2622 26780; website: www.diamondaircraft.com. 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 10, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-05290 Filed 3-16-20; 8:45 am]
 BILLING CODE 4910-13-P


