DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1056; Project Identifier MCAI-2022-00895-P;
Amendment 39-22153; AD 2022-18-02]
RIN 2120-AA64
Airworthiness Directives; MT-Propeller Entwicklung GmbH
Propellers
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 MT-Propeller Entwicklung GmbH MTV-5-1-( ), MTV-9-( ), MTV-11-(
), MTV-12-( ), MTV-14-B, MTV-14-D, MTV-15-( ), MTV-16-( ), MTV-17-( ),
MTV-18-( ), MTV-20-( ), and MTV-27-( ) variable pitch propellers. This
AD was prompted by reports of certain propeller blade lag screws that
were manufactured with an improper surface finish, which results in
reduced fatigue strength of these lag screws. This AD requires
replacement of certain propeller blade lag screws with parts eligible
for installation. The FAA is issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective September 16, 2022
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September
16, 2022.
The FAA must receive comments on this AD by October 17, 2022.
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 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 MT-
Propeller Entwicklung GmbH, MT-Propeller USA, Inc., 1180 Airport
Terminal Drive, DeLand, FL 32724; phone: (386) 736-7762; email:
service@mt-propellerusa.com. 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 (817) 222-5110. It is
also available at www.regulations.gov under Docket No. FAA-2022-1056.
Examining the AD Docket
You may examine the AD docket at www.regulations.gov under Docket
No. FAA-2022-1056; 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: Michael Schwetz, Aviation Safety
Engineer, Boston ACO Branch, FAA, 1200 District Avenue, Burlington, MA
01803; phone: (781) 238-7761; email: 9-AVS-AIR-BACO-COS@faa.gov.
SUPPLEMENTARY INFORMATION:
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-2022-1056; Project Identifier MCAI-
2022-00895-P'' 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
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 Michael
Schwetz, Aviation Safety Engineer, Boston ACO 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.
Background
The European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Union, has issued
EASA AD 2022-0134, dated July 6, 2022 (referred to after this as ``the
MCAI''), to address an unsafe condition for certain MTV-5, MTV-9, MTV-
12, MTV-14, MTV-15, MTV-16, MTV-18, and MTV-27 variable pitch
propellers, all models, having a serial number (S/N) identified in MT-
Propeller Entwicklung GmbH Alert Service Bulletin (ASB) No. 30,
Revision 7, dated June 23, 2022 (MT-Propeller ASB No. 30, Rev. 7); and
MTV-5, MTV-9, MTV-11, MTV-12, MTV-14, MTV-15, MTV-16, MTV-17, MTV-18,
MTV-20, and MTV-27 variable pitch propellers, any model, on which a
propeller blade is installed, having an S/N identified in MT-Propeller
ASB No. 30, Rev. 7. The MCAI states that in 2014, it was discovered
that a batch of non-conforming propeller blade lag screws were
manufactured with an improper surface finish, which results in reduced
fatigue strength for these lag screws. Further investigation revealed
that the non-conforming propeller blade lag screws were installed on
the blades of propellers manufactured during the period of November
2013 to October 2014 and on certain propellers and propeller blades
that were overhauled or repaired by MT-Propeller or an MT-Propeller
approved Service Center during the same period. MT-Propeller published
Service Bulletin No. 30, Original Issue, dated November 4, 2014,
identifying the S/Ns of the affected propellers and propeller blades
and specifying the replacement of the propeller blade lag screws with
serviceable propeller blade lag screws. MT-Propeller later published
MT-Propeller Entwicklung GmbH ASB No. 30, Revision 7, updating the S/Ns
of the affected propellers and propeller blades. This condition, if not
corrected, could lead to in-flight blade detachment,
resulting in damage to the airplane and reduced control of the
airplane. The FAA is issuing this AD to address the unsafe condition.
You may examine the MCAI in the AD docket at www.regulations.gov
under Docket No. FAA-2022-1056.
Related Service Information Under 1 CFR Part 51
The FAA reviewed MT-Propeller Entwicklung GmbH ASB No. 30, Revision
7, dated June 23, 2022. This ASB identifies the S/Ns of the affected
propellers and propeller blades and specifies replacement of the
propeller blade lag screw. This ASB is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in ADDRESSES.
FAA's Determination
These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with this State of Design
Authority, it has notified the FAA of the unsafe condition described in
the MCAI and service information described above. The FAA is issuing
this AD after determining that the unsafe condition described
previously is likely to exist or develop on other products of the same
type design.
AD Requirements
This AD requires the removal from service of any installed
propeller blade lag screw with part number (P/N) A-983-C-85 and the
replacement with a part eligible for installation.
Differences Between This AD and the MCAI
The MCAI applies to certain MT-Propeller Entwicklung GmbH MTV-5,
MTV-9, MTV-11, MTV-12, MTV-14, MTV-15, MTV-16, MTV-17, MTV-18, MTV-20,
and MTV-27 variable pitch propellers, which are identified on the FAA
type certificates as MTV-5-1-( ), MTV-9-( ), MTV-11-( ), MTV-12-( ),
MTV-14-B, MTV-14-D, MTV-15-( ), MTV-16-( ), MTV-17-( ), MTV-18-( ),
MTV-20-( ), and MTV-27-( ) propellers, respectively.
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
because the improper surface finish on a propeller blade lag screw
results in reduced fatigue strength of the propeller blade lag screw.
Reduced fatigue strength could lead to in-flight blade detachment,
damage to the airplane, and reduced control of the airplane, which is
an immediate safety of flight problem. For turboprop engines, the
propeller blade lag screw must be replaced within 120 days from the
effective date of this AD or before exceeding 50 flight hours (FHs)
from the effective date of this AD, whichever occurs first. For piston
engines, the propeller blade lag screw must be replaced within 60 days
from the effective date of this AD or before exceeding 25 FHs from the
effective date of this AD, whichever occurs first. The compliance time
for the required actions is shorter than the time necessary to allow
for public comment and for the FAA to publish a final rule.
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.
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 prior notice and
comment, RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 275 propellers installed on
airplanes of U.S. registry.
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 propeller blade lag screws
on MTV-11-( ), MTV-15-( ), MTV-17-( ), and MTV-20-( ) propellers (28
propellers). |
12 work-hours x $85 per
hour = $1,020 |
$2,500
|
$3,520
|
$98,560
|
Replace propeller blade lag screws
on MTV-9-( ), MTV-12-( ), and MTV-18-( ) propellers (164 propellers). |
18 work-hours x $85 per hour
= $1,530 |
3,000
|
4,530
|
742,920
|
Replace propeller blade lag screws
on MTV-14-B, MTV-14-D, and MTV-16-( ) propellers (28 propellers). |
22 work-hours x $85 per hour
= $1,870 |
3,500
|
5,370
|
150,360
|
Replace propeller blade lag screws
on MTV-5-1-( ) and MTV-27( ) propellers (55 propellers). |
30 work-hours x $85 per hour
= $2,550 |
5,000
|
7,550
|
415,250
|
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.
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:
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