|
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-2313; Project Identifier MCAI-2024-00493-E;
Amendment 39-22852; AD 2024-19-10]
RIN 2120-AA64
Airworthiness Directives; Austro Engine GmbH Engines
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Austro Engine GmbH (Austro) Model E4 and E4P engines. This AD
was prompted by reports of engine failures and an investigation where
cracks were discovered on the pistons. This AD requires repetitive
borescope inspections (BSIs) for cracks on the pistons, and, if
necessary, removal from service and replacement of the piston, and a
fuel sample analysis for water contamination and, if contamination is
found, replacement of the high-pressure pump (HPP), injectors, and fuel
rails. The FAA is issuing this AD to address the unsafe condition on
these products.
DATES: This AD is effective October 9, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 9, 2024.
The FAA must receive comments on this AD by November 8, 2024.
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 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.
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2024-2313; 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 Docket Operations is listed above.
Material Incorporated by Reference:
For Austro material identified in this AD, contact Austro,
Rudolf-Diesel-Strasse 11, A-2700 Weiner Neustadt, Austria; phone: +43
2622 23000; website: austroengine.at.
You may view this material 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
regulations.gov under Docket No. FAA-2024-2313.
FOR FURTHER INFORMATION CONTACT: Morton Lee, Aviation Safety Engineer,
FAA, 1200 District Avenue, Burlington, MA 01803; phone: (860) 386-1791;
email: morton.y.lee@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-2024-2313; Project Identifier MCAI-
2024-00493-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
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 Morton
Lee, Aviation Safety Engineer, 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 Emergency AD 2024-0172-E, dated August 28, 2024 (EASA AD 2024-
0172-E) (also referred to as the MCAI), to correct an unsafe condition
on certain Austro Model E4 and E4P engines having a piston part number
(P/N) E4A-72-400-000. The MCAI states that engine failures have been
reported, where, during subsequent inspection, cracks on the piston
were identified. During the following investigation, it was determined
that only affected parts (pistons P/N E4A-72-400-000) are subject to
that failure. Further investigation is on-going to determine the root
cause of that failure. This condition, if not corrected, could lead to
engine failure with consequent reduced control of the airplane and, for
single-engine airplanes, damage to the airplane and injury to occupants
during an emergency landing.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2024-2313.
Material Incorporated by Reference Under 1 CFR Part 51
The FAA reviewed Austro Mandatory Service Bulletin No. MSB-E4-043/
0, dated August 27, 2024, which specifies, among other things,
procedures for repetitive BSIs for cracks on the pistons.
This material 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
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 material referenced 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 repetitive BSIs for cracks on the pistons and, if
necessary, removal from service and replacement of the piston, and a
fuel sample analysis for water contamination and, if contamination is
found, replacement of the HPP, injectors, and fuel rails.
Interim Action
The FAA considers that this AD is an interim action. The unsafe
condition is still under investigation by the manufacturer and,
depending on the results of that investigation, the FAA may consider
further rulemaking action.
Justification for Immediate Adoption and Determination of the Effective Date
Section 553(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 forgoing notice and comment prior to adoption of this rule
because cracks on the pistons, if not corrected, could lead to engine
failure with consequent reduced control of the airplane and, for
single-engine airplanes, damage to the airplane and injury to occupants
during an emergency landing. The FAA has determined that these engines
will need to be inspected before 100 or 200 flight hours after
installation depending on the engine model. Based on the fleet usage of
these engines, many of these engines will need an inspection before
further flight and most within 3 months. These compliance times are
shorter than the time necessary for the public to comment and for
publication of the 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).
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 forgo 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 20 engines 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
|
| Perform BSI of the piston |
5 work-hours x $85 per hour = $425 |
$0
|
$425
|
$8,500
|
The FAA estimates the following costs to do any necessary
replacements and follow-on inspections that would be required based on
the results of the inspection. The agency has no way of determining the
number of engines that might need these replacements and follow-on
inspections.
On-Condition Costs
|
ACTION
|
LABOR COST
|
PARTS COST
|
COST PER PRODUCT
|
| Replace the piston |
60 work-hours x $85 per hour = $5,100 |
$2,216
|
$7,316
|
| Perform fuel sample analysis |
1 work-hours x $85 per hour = $85 |
0
|
85
|
| Replace the injectors, HPP, and fuel rails |
60 work-hours x $85 per hour = $5,100 |
2,216
|
7,316
|
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:
|