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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 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
|
Action
|
Labor cost
|
Parts cost
|
Cost per
product
|
Cost on
U.S. operators
|
| Replace exhaust valve |
6 work-hours x $85 per hour =
$510 |
$1,500
|
$2,010
|
$0
|
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
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
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]
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
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