DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0664; Project Identifier 2018-NE-03-AD; Amendment
39-21310; AD 2020-22-14]
RIN 2120-AA64

Airworthiness Directives; Austro Engine GmbH Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2018-07-16
for all Austro Engine GmbH model E4 and E4P diesel piston engines. AD
2018-07-16 required initial and repetitive replacement of the waste
gate controller and the control rod circlip. This AD retains 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. This AD was prompted by the development
of a modification of the waste gate control rod by adding a fail-safe
bridge and spring-loaded circlip. The FAA is issuing this AD to address
the unsafe condition on these products.

DATES: This AD is effective December 10, 2020.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 10,
2020.

ADDRESSES: For service information identified in this final rule,
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, Airworthiness Products Section, Operational Safety 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 https://www.regulations.gov by searching
for and locating Docket No. FAA-2019-0664.

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-
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 AD, the mandatory continuing airworthiness information (MCAI), any
comments received, and other information. The address for Docket
Operations is U.S. Department of Transportation, Docket Operations, M-
30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue
SE, Washington, DC 20590.

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:

Discussion

The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2018-07-16, Amendment 39-19247 (83 FR
15733, April 12, 2018), (``AD 2018-07-16''). AD 2018-07-16 applied to
all Austro Engine GmbH model E4 and E4P diesel piston engines. The NPRM
published in the Federal Register on October 23, 2019 (84 FR 56707).
The NPRM was prompted by the development of a modification of the waste
gate control-rod by adding a fail-safe bridge and spring-loaded
circlip. The NPRM proposed to retain all of the requirements of AD-
2018-07-16. The NPRM also proposed 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 of the waste gate controller and the control rod circlip.
The FAA is issuing this AD to address the unsafe condition on these
products.
The European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Community, has issued
EASA 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 [EASA] 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 [EASA] 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 https://www.regulations.gov by searching for
and locating Docket No. FAA-2019-0664.

Update to the Service Information

The FAA determined the need to incorporate the latest service
information in this AD. The FAA revised the references to Austro Engine
Mandatory Service Bulletin (MSB) No. MSB-E4-022 (the MSB), in
paragraphs (g) and (h) of this AD from Rev. No. 3, dated April 16,
2018, to Rev. No. 5, dated December 12, 2018. Rev. No. 5 of the MSB
retains the same instructions for initial and repetitive replacement of
the waste gate controller and the control rod circlip as Rev. No. 3.
Rev No. 5 of the MSB also includes the same instructions as Rev. No. 3
for modification of an engine by installing a waste gate control rod
fail-safe bridge and a new spring-loaded circlip. The FAA is,
therefore, revising the references in paragraph (g) and (h) of this AD
from Rev. No. 3 to Rev. No. 5 of the MSB so that operators may avoid
unnecessary submission of alternative methods of compliance requests.

Update to Credit for Previous Actions

The FAA revised paragraph (j)(2) of this AD to allow credit for the
performance of the terminating action in paragraph (h) of this AD, if
that terminating action was completed before the effective date of this
AD using Rev. No. 4, dated September 12, 2018, or Rev. No. 3, dated
April 16, 2018, of the MSB to perform the terminating action.

Comments

The FAA gave the public the opportunity to participate in
developing this AD. The FAA received no comments on the NPRM or on the
determination of the cost to the public.

Conclusion

The FAA reviewed the relevant data and determined that air safety
and the public interest require adopting this AD with the changes
described previously and minor editorial changes. The FAA has
determined that these minor changes:
Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

The FAA reviewed Austro Engine MSB No. MSB-E4-022/5, Rev. No. 5,
dated December 12, 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.

Costs of Compliance

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

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 that this AD:

(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 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 [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: