DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0311; Project Identifier MCAI-2021-00244-E;
Amendment 39-21517; AD 2021-09-04]
RIN 2120-AA64

Airworthiness Directives; Austro Engine GmbH 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 all
Austro Engine GmbH E4 and E4P model diesel piston engines. This AD was
prompted by reports of an oil pump blockage on E4 model diesel piston
engines. This AD requires replacing a certain oil pump as well as the
oil filter and engine oil. The FAA is issuing this AD to address the
unsafe condition on these products.

DATES: This AD is effective May 10, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 10,
2021.
The FAA must receive comments on this AD by June 7, 2021.

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 service information identified in this final rule, contact
Austro Engine GmbH, Rudolf-Diesel-Strasse 11, 2700 Weiner Neustadt,
Austria; phone: +43 2622 23000 2525; website: 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 at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0311.

Examining the AD Docket

You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0311; 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), any comments
received, and other information. The street address for the Docket
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Wego Wang, Aviation Safety 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:

Background

The European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Community, issued
EASA Emergency AD 2021-0055-E, dated February 25, 2021. EASA Emergency
AD 2021-0055-E was revised by EASA AD 2021-0055R1, dated March 10,
2021. EASA AD 2021-0055R1 was superseded by EASA AD 2021-0094, dated
March 31, 2021 (referred to after this as ``the MCAI''), to address the
unsafe condition on these products. The MCAI states:

Occurrences were reported of oil pump blockage on E4-A and E4-B
engines. Subsequent investigation determined that the blockage was
caused by oil contamination with casting sand from the production
process of oil pump P/N E4A-50-000-BHY. A blocked oil pump causes
failure of the engine lubrication system. The root cause was found
in the sand casted oil pump housing cleaning process, which was not
properly performed.
This condition, if not corrected, could lead to engine in-flight
shut-down with consequent forced landing, possibly resulting in
damage to the aeroplane and injury to occupants.
To address this potential unsafe condition, Austro Engine
published the SB at original issue (later revised to add affected
part s/n) to provide instructions to replace the affected oil pumps,
and EASA issued AD 2021-0055-E to require replacement of affected
parts, and replacement of the oil and filter.

Subsequently, [EASA] AD 2021-0055R1 was issued to refer to the SB at
Revision 2, where certain engines were removed from the
applicability. The SB at Revision 2 also expanded the list of
affected part s/n, but without impact on [EASA] AD compliance, as
all added s/n were still in stock and would not be delivered to
operators anymore. Since that [EASA] AD was issued, it was
determined that affected parts are installed on additional engines,
and Austro Engine published the SB at Revision 3 to correct the list
of affected engine s/n. An additional oil pump replacement option
was introduced with SB Revision 4 (with no further change to the
list of affected engines/parts).
For the reason described above, this [EASA] AD retains the
requirements of EASA AD 2021-0055R1, which is superseded, and refers
to the SB at Revision 4 (including the additional engine s/n and the
new oil pump replacement option). This [EASA] AD also expands the
Applicability to include all engines where the affected part is
eligible for installation, and prohibits (re)installation of an
affected part on all engines.

You may obtain further information by examining the MCAI in the AD
docket at https://www.regulations.gov by searching for and locating
Docket No. FAA-2021-0311.

FAA's Determination

This product has been approved by EASA and is approved for
operation in the United States. Pursuant to our bilateral agreement
with the European Community, EASA has notified the FAA of the unsafe
condition described in the MCAI and service information. The FAA is
issuing this AD because the agency 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.

Related Service Information Under 1 CFR Part 51

The FAA reviewed Austro Engine GmbH Mandatory Service Bulletin No.
MSB-E4-030/4, Revision No. 4, dated March 30, 2021 (the MSB). This
service information specifies procedures for replacing the affected oil
pumps installed on E4 and E4P model diesel piston engines. This service
information also specifies procedures for replacing the oil filter and
engine oil installed on these engines. In addition, this service
information identifies the applicable serial numbers (S/Ns) of affected
E4 and E4P model diesel piston engines, the affected oil pumps
requiring replacement, and an additional oil pump replacement option.
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.

AD Requirements

This AD requires removing the affected oil pump from service and
replacing it with a part eligible for installation. This AD also
requires replacing the oil filter and engine oil.

Differences Between the AD and the MCAI or Service Information

The MSB specifies that the removed oil pump must be returned to
Austro Engine GmbH. The MSB specifies that information, including the
engine flight hours (FHs) recorded at the time of the oil pump
replacement, must be sent to Austro Engine GmbH. This AD does not
mandate sending the removed oil pump or information, including the
engine flight hours recorded at the time of oil pump replacement, to
Austro Engine GmbH.
The MSB also specifies that for all engines with 10 FHs or less, to
replace the affected oil pump, oil filter, and engine oil before the
next flight. Whereas, this AD requires, for Group 1 and Group 2 engines
with 10 FHs or less, replacement of the affected oil pump, oil filter,
and engine oil within 30 days, before accumulating 10 FHs, or during
the next scheduled maintenance, whichever occurs first after the
effective date of this AD.

Interim Action

The FAA considers this AD an interim action. If final action is
later identified, the FAA might consider further rulemaking.

Justification for Immediate Adoption and Determination of the Effective
Date

Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies foregoing notice and comment prior to adoption of this rule.
The FAA received reports of an oil pump blockage on the E4, configured
as E4-A and E4-B, model diesel piston engines. The manufacturer
subsequently determined that the blockage was caused by oil
contamination with casting sand from the production process of the oil
pump. Austro Engine issued service information providing instructions
for replacement of a certain oil pump, oil filter, and engine oil
installed on E4 and E4P model diesel piston engines.
A blocked oil pump can result in failure of the engine lubrication
system, resulting in failure of the engine, in-flight shutdown, and
loss of the airplane. The FAA considers a blocked oil pump to be an
urgent safety issue that requires immediate action to avoid loss of the
airplane. Accordingly, notice and opportunity for prior public comment
are impracticable and contrary to the public interest pursuant to 5
U.S.C. 553(b)(3)(B). In addition, the FAA finds that good cause exists
pursuant to 5 U.S.C. 553(d) for making this amendment effective in less
than 30 days, for the same reasons the FAA found good cause to forego
notice and comment.

Comments Invited

The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2021-0311 and Project Identifier
MCAI-2021-00244-E'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
Except for Confidential Business Information (CBI) 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 agency will also post a report summarizing each
substantive verbal contact received about this final rule.

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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Wego
Wang, Aviation Safety 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.

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 FAA has determined
that it has good cause to adopt this rule without prior notice and
comment, RFA analysis is not required.

Costs of Compliance

The FAA estimates that this AD affects 55 engines installed on
airplanes of U.S. registry.
The FAA estimates the following costs to comply with this AD:

Estimated Costs

The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected operators.

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, 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 [Amended]

2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive: