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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-2318; Project Identifier MCAI-2023-00981-E]
RIN 2120-AA64
Airworthiness Directives; Austro Engine GmbH Engines
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2023-20-03, which applies to certain Austro Engine GmbH Model E4 and
E4P engines. AD 2023-20-03 requires repetitive engine oil analysis for
aluminum content outside the acceptable limits and, if necessary,
replacement of the pistons, piston rings, con-rods assembly, and
crankcase or, as an alternative, replacement of the engine core. Since
the FAA issued AD 2023-20-03, the manufacturer identified errors in the
lists of affected engines and provided updated information, which
prompted this proposed AD. This proposed AD would retain the
requirements of AD 2023-20-03, add compliance times for additional
affected engine serial numbers, and remove certain engine serial
numbers from the applicability of the existing AD. The FAA is proposing
this AD to address the unsafe condition on these products.
DATES: The FAA must receive comments on this NPRM by November 14, 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-2024-2318; 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 NPRM, 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 Engine GmbH material identified in this
proposed AD, contact Austro Engine GmbH, 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.
FOR FURTHER INFORMATION CONTACT: Morton Lee, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (860)
386-1791; email: morton.y.lee@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include "Docket No. FAA-2024-2318;
Project Identifier MCAI-2023-00981-E" at the beginning of your
comments. The most helpful comments reference a specific portion of the
proposal, 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 the proposal 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 NPRM.
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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to
Morton Lee, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590. 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 FAA issued AD 2023-20-03, Amendment 39-22562 (88 FR 76104,
November 6, 2023) (AD 2023-20-03), for certain Austro Engine GmbH Model
E4 and E4P engines. AD 2023-20-03 was prompted by an MCAI originated by
the European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Union. EASA
issued EASA AD 2022-0240R1, dated December 15, 2022 (EASA AD 2022-
0240R1), to address reports of piston failures.
AD 2023-20-03 requires repetitive engine oil analysis for aluminum
content outside the acceptable limits and, if necessary, replacement of
the pistons, piston rings, con-rods assembly, and crankcase or as an
alternative, replacement of the engine core. The FAA issued AD 2023-20-
03 to prevent piston failure, which could result in loss of oil, loss
of engine power, and reduced control of the airplane.
Actions Since AD 2023-20-03 Was Issued
Since the FAA issued AD 2023-20-03, EASA superseded EASA AD 2022-
0240R1 and issued EASA AD 2023-0163, dated August 18, 2023 (EASA AD
2023-0163) (also referred to as the MCAI). The MCAI states that a
manufacturer investigation into reports of piston failures determined
that certain batches of pistons were manufactured with a dimensional
deviation in the piston pin bore and in the piston diameter, which
could cause piston failure, with consequent loss of oil, loss of engine
power, and reduced control of the airplane. To address the unsafe
condition, EASA issued EASA AD 2022-0240, dated December 6, 2022, to
specify repetitive oil analyses and
replacement of the pistons, piston rings, con-rods assembly, and
crankcase, or as an alternative, replacement of the engine core. EASA
AD 2022-0240 also prohibited release to service of an airplane until
receipt of the results for each oil analysis.
Since EASA AD 2022-0240 was issued, the manufacturer determined
that aluminum levels outside of the acceptable limits would be found
during the first oil analysis and would be unlikely to be found during
subsequent oil analyses. As a result, EASA revised EASA AD 2022-0240
and issued EASA AD 2022-0240R1 to allow release to service of airplanes
for a limited number of flight hours immediately after the second and
subsequent oil samples are taken for analyses.
Since EASA AD 2022-0240R1 was issued, the manufacturer identified
errors in the lists of affected engine serial numbers in the service
information and issued Mandatory Service Bulletin No. MSB-E4-039/2,
Revision 2, dated July 31, 2023, to revise the list of affected engine
serial numbers, which prompted EASA to supersede EASA AD 2022-0240R1
with EASA AD 2023-0163, dated August 18, 2023. Since EASA issued EASA
AD 2023-0163, the manufacturer revised the service information again
and issued Mandatory Service Bulletin No. MSB-E4-039/3, Revision 3,
dated November 22, 2023, to amend the labor efforts section.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2024-2318.
Material Incorporated by Reference Under 1 CFR Part 51
The FAA reviewed Austro Engine GmbH Mandatory Service Bulletin No.
MSB-E4-039/3, Revision 3, dated November 22, 2023, which identifies
affected engine serial numbers and specifies procedures for oil
analysis and replacement of the pistons, piston rings, con-rods
assembly, crankcase, and engine core.
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 NPRM
after determining that the unsafe condition described previously is
likely to exist or develop on other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would retain all of the requirements of AD 2023-
20-03. This proposed AD would also add compliance times for additional
affected engine serial numbers and remove certain engine serial numbers
from the applicability of the existing AD, as specified in the material
already described.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 357 engines installed on aircraft of U.S. registry.
The FAA estimates the following costs to comply with this proposed AD:
Estimated Costs
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ACTION
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LABOR COST
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PARTS COST
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COST PER PRODUCT
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COST ON U.S. OPERATORS
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Oil analysis
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1 work-hour x $85 per hour = $85
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$0
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$85
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$30,345
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The FAA estimates the following costs to do any necessary
replacements that would be required based on the results of the
proposed inspection. The agency has no way of determining the number of
engines that might need these replacements:
On-Condition Costs
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ACTION
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LABOR COST
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PARTS COST
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COST PER PRODUCT
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Replace engine core
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35 work-hours x $85 per hour = $2,975
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$15,524
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$18,499
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Replace pistons, piston rings, and con-rod assembly
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65 work-hours x $85 per hour = $5,525
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2,216
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7,741
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Replace pistons, piston rings, con-rod assembly, and crankcase
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75 work-hours x $85 per hour = $6,375
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4,141
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10,516
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The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some of the costs of this
proposed 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
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 the proposed regulation:
(1) Is not a "significant regulatory action" under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would 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 Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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:
a. Removing Airworthiness Directive AD 2023-20-03, Amendment 39-22562
(88 FR 76104, November 6, 2023); and
b. Adding the following new airworthiness directive:
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