DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0664; Product Identifier 2018-NE-03-AD]
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)
2018-07-16 which applies to all Austro Engine GmbH model E4 and E4P
diesel piston engines. AD 2018-07-16 requires initial and repetitive
replacement of the waste gate controller and the control rod circlip.
Since the FAA issued AD 2018-07-16, Austro Engine GmbH developed a
modification of the waste gate control-rod fail-safe bridge and spring-
loaded circlip that terminates the need for repetitive replacement of
the waste gate controller and the control rod circlip. This proposed AD
would retain 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. 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 December 9,
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 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: 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; internet:
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 http://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 NPRM, 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: 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:

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-2019-0664;
Product Identifier 2018-NE-03-AD" 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.

The FAA will post all comments received, without change, to http://www.
regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact it receives about this proposed AD.

Discussion

The FAA issued AD 2018-07-16, Amendment 39-19247 (83 FR 15733,
April 12, 2018), ("AD 2018-07-16"), for all Austro Engine GmbH model
E4 and E4P diesel piston engines. AD 2018-07-16 requires initial and
repetive replacement of the waste gate controller and the control rod
circlip. AD 2018-07-16 resulted from reports of broken or disconnected
turbocharger waste gate control rods on some engines. The FAA issued AD
2018-07-16 to prevent failure of the turbocharger waste gate control
rod.

Actions Since AD 2018-07-16 Was Issued

Since the FAA issued AD 2018-07-16, Austro Engine GmbH developed a
modification of the waste gate control-rod by adding a fail-safe bridge
and spring-loaded circlip. Also since the FAA issued AD 2018-07-16, the
European Union Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued 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 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 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 http://www.regulations.gov by searching for
and locating Docket No. FAA-2019-0664.

Related Service Information Under 1 CFR Part 51

The FAA reviewed Austro Engine Mandatory Service Bulletin (MSB) No.
MSB-E4-022, Rev. No. 3, April 16, 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.

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 all the requirements of AD 2018-07-
16. This proposed AD would also require 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 requirements of this proposed AD.

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

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

The FAA has 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 that the 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

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]

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: