[Federal Register Volume 63, Number 141 (Thursday, July 23, 1998)]
[Rules and Regulations]
[Pages 39491-39492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19484]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-ANE-26-AD; Amendment 39-10667; AD 98-15-16]
RIN 2120-AA64


Airworthiness Directives; Bombardier-Rotax GmbH 912 F Series 
Reciprocating Engines

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to Bombardier-Rotax GmbH 912 F series reciprocating 
engines. This action requires installation of an improved fuel pump and 
fuel supply tube. This amendment is prompted by reports of fuel leaks 
at the outlet port of the fuel pump. The actions specified in this AD 
are intended to prevent fuel leaks from the fuel pump, which could 
result in undetected loss of fuel in flight or, an engine fire.

DATES: Effective August 7, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of August 7, 1998.
    Comments for inclusion in the Rules Docket must be received on or 
before September 21, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), New England Region, Office of the Regional 
Counsel, Attention: Rules Docket No. 98-ANE-26-AD, 12 New England 
Executive Park, Burlington, MA 01803-5299. Comments may also be sent 
via the Internet using the following address: ``9-ad-
[email protected]''. Comments sent via the Internet must contain 
the docket number in the subject line.
    The service information referenced in this AD may be obtained from 
Bombardier-Rotax GmbH, Welser Strasse 32, A-4623 Gunskirchen, Austria; 
telephone 7246-601-232, fax 7246-601-370. This information may be 
examined at the FAA, New England Region, Office of the Regional 
Counsel, 12 New England Executive Park, Burlington, MA; or at the 
Office of the Federal Register, 800 North Capitol Street, NW., suite 
700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: James Lawrence, Aerospace Engineer, 
Engine Certification Office, FAA, Engine and Propeller Directorate, 12 
New England Executive Park, Burlington, MA 01803-5299; telephone (781) 
238-7176, fax (781) 238-7199.

SUPPLEMENTARY INFORMATION: The Austro Control GmbH (ACG), which is the 
airworthiness authority for Austria, recently notified the FAA that an 
unsafe condition may exist on Bombardier-Rotax GmbH 912 F series 
reciprocating engines. The ACG advises that they have received reports 
of fuel leaks at the outlet port of the fuel pump. One service 
difficulty report indicated that up to approximately one half of the 
fuel tank contents was lost in flight as a result of a large crack 
forming at the base of the fuel pump outlet port. This was the second 
occurrence of fuel leak on that particular engine. The investigation 
revealed misalignment of the rigid tube connecting the fuel 
distribution manifold and fuel pump. This condition, if not corrected, 
could result in fuel leaks from the fuel pump, which could result in 
undetected loss of fuel in flight or, an engine fire.
    Bombardier-Rotax GmbH has issued Technical Bulletin (TB) No. 912-20 
R1, dated February 10, 1998, that specifies procedures for installation 
of an improved fuel pump and fuel supply tube. The ACG classified this 
TB as mandatory and issued AD 94/1 in order to assure the airworthiness 
of these engines in Austria.
    This engine model is manufactured in Austria and is type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the ACG has kept the FAA informed of 
the situation described above. The FAA has examined the findings of the 
ACG, reviewed all available information, and determined that AD action 
is necessary for products of this type design that are certificated for 
operation in the United States.
    Since an unsafe condition has been identified that is likely to 
exist or develop on other engines of the same type design registered in 
the United States, the AD requires installation of an improved fuel 
pump and fuel supply tube. The actions would be required to be 
accomplished in accordance with the TB described previously.
    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this rule by 
submitting such written data, views, or arguments as they may desire. 
Communications should identify the Rules Docket number and be submitted 
in triplicate to the address specified under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD

[[Page 39492]]

action and determining whether additional rulemaking action would be 
needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 98-ANE-26-AD.'' The postcard will be date stamped and 
returned to the commenter.
    The regulations adopted herein will not have substantial direct 
effects 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. Therefore, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and is not a ``significant regulatory action'' 
under Executive Order 12866. It has been determined further that this 
action involves an emergency regulation under DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979). If it is determined 
that this emergency regulation otherwise would be significant under DOT 
Regulatory Policies and Procedures, a final regulatory evaluation will 
be prepared and placed in the Rules Docket. A copy of it, if filed, may 
be obtained from the Rules Docket at the location provided under the 
caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new 
airworthiness directive:

98-15-16  Bombardier-Rotax GmbH: Amendment 39-10667. Docket 98-ANE-
26-AD.

    Applicability: Bombardier-Rotax GmbH 912 F series reciprocating 
engines, with serial numbers (S/Ns) 4,412.502 up to and including S/
N 4,412.764, installed on but not limited to Diamond Aircraft 
Industries DA 20-A1 aircraft.

    Note 1: This airworthiness directive (AD) applies to each engine 
identified in the preceding applicability provision, regardless of 
whether it has been modified, altered, or repaired in the area 
subject to the requirements of this AD. For engines that have been 
modified, altered, or repaired so that the performance of the 
requirements of this AD is affected, the owner/operator must request 
approval for an alternative method of compliance in accordance with 
paragraph (b) of this AD. The request should include an assessment 
of the effect of the modification, alteration, or repair on the 
unsafe condition addressed by this AD; and, if the unsafe condition 
has not been eliminated, the request should include specific 
proposed actions to address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent fuel leaks from the fuel pump, which could result in 
undetected loss of fuel in flight or an engine fire, accomplish the 
following:
    (a) At the earliest of: prior to exceeding 25 hours time in 
service (TIS) after the effective date of this AD, the next engine 
maintenance action, or upon discovery of a fuel pump leak, install 
an improved fuel pump and fuel supply tube in accordance with 
Bombardier-Rotax GmbH Technical Bulletin (TB) No. 912-20 R1, dated 
February 10, 1998.
    (b) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Engine Certification Office. 
Operators shall submit their requests through an appropriate FAA 
Principal Maintenance Inspector, who may add comments and then send 
it to the Manager, Engine Certification Office.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this airworthiness directive, 
if any, may be obtained from the Engine Certification Office.

    (c) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the aircraft to a location where 
the requirements of this AD can be accomplished.

    Note 3: Special flight permits may only be issued to operators 
who exceed the 25 hour TIS requirement.

    (d) The actions required by this AD shall be performed in 
accordance with the following Bombardier-Rotax GmbH TB:

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           Document No.             Pages               Date            
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912-20 R1........................     1-5  February 10, 1998.           
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    Total pages: 5.
    This incorporation by reference was approved by the Director of 
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51. Copies may be obtained from Bombardier-Rotax GmbH, Welser 
Strasse 32, A-4623 Gunskirchen, Austria; telephone 7246-601-232, fax 
7246-601-370. Copies may be inspected at the FAA, New England 
Region, Office of the Regional Counsel, 12 New England Executive 
Park, Burlington, MA; or at the Office of the Federal Register, 800 
North Capitol Street, NW., suite 700, Washington, DC.
    (e) This amendment becomes effective on August 7, 1998.

    Issued in Burlington, Massachusetts, on July 15, 1998.
Jay J. Pardee,
Manager, Engine and Propeller Directorate, Aircraft Certification 
Service.
[FR Doc. 98-19484 Filed 7-22-98; 8:45 am]
BILLING CODE 4910-13-P