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PROPOSED AD AUSTRO ENGINE GMBH ENGINES: Docket No. FAA-2019-0664; Product Identifier 2018-NE-03-AD.
(a) COMMENTS DUE DATE

    The FAA must receive comments on this AD action by December 9, 2019.

(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, Rev.  No. 3,  dated April 16,
    2018.

      TABLE 1 TO PARAGRAPH (G)(1)  INITIAL REPLACEMENT COMPLIANCE TIME   
    ______________________________________________________________________
    GROUP         COMPLIANCE TIME (A, B, OR C, WHICHEVER OCCURS LATER)
    ______________________________________________________________________
      1       A   Within 50 FHs after April 27, 2018 (the effective date
                  of AD 2018-07-16)
              B   Within 250 FHs since the first installation on an engine
              C   Before further flight

      2       A   Within 100 FHs after April 27, 2018 (the effective date
                  of AD 2018-07-16)
              B   Within 250 FHs since the first installation on an engine
              C   Before further flight
    ______________________________________________________________________

(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, Term-
    inating Action,  of Austro Engine GmbH MSB No. MSB-E4-022, Rev. No. 3,
    dated April 16, 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, Rev. No. 3, dated April 16, 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

    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, Rev. No.  2,
    dated November 27, 2017, or earlier versions.

(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 in-
    spector, or lacking  a principal inspector,  the manager 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 http://www.regulations.gov by
    searching for and locating it in Docket No. FAA-2019-0664.

(3) For 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.
    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 in Burlington, Massachusetts, on October 18, 2019. Robert J Ganley,
Manager,  Engine  &  Propeller  Standards  Branch,  Aircraft Certification
Service.

DATES: The FAA must receive comments  on this proposed AD  by  December 9,
2019.
PREAMBLE 

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).

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

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

Action
Labor cost
Parts cost
Cost per product
Cost on U.S. operators
Replace waste gate controller and control rod circlip. 0.5 work-hours x $85 per hour = $42.50
$235
$277.50
$58,552.50
Install waste gate control rod fail-safe bridge and new spring-loaded circlip. 0.5 work-hours x $85 per hour = $42.50
227
269.50
56,864.50

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.

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: