[Federal Register Volume 64, Number 58 (Friday, March 26, 1999)]
[Rules and Regulations]
[Pages 14583-14584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7212]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-ANE-09-AD; Amendment 39-11089; AD 99-04-15]
RIN 2120-AA64


Airworthiness Directives; Dr.Ing.h.c.F. Porsche 
Aktiengesellschaft (Porsche) 3200N01, N02, and N03 Reciprocating 
Engines

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule, request for comments.

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SUMMARY: This document publishes in the Federal Register an amendment 
adopting Airworthiness Directive (AD) 99-04-15 that was sent previously 
to all known U.S. owners and operators of Porsche PFM3200N01, N02, and 
N03 reciprocating engines by individual letters. This AD requires 
replacement of valve springs prior to further flight on PFM3200N01, 
N02, and NO3 engines. This amendment is prompted by reports of six 
cases of undetected fatigue failures of valve springs, with one valve 
spring failure causing an in-flight engine failure that ended in an 
emergency landing. The actions specified by this AD are intended to 
prevent an in-flight engine shutdown due to undetected fatigue failures 
of valve springs.

DATES: Effective April 12, 1999, to all persons except those persons to 
whom it was made immediately effective by priority letter AD 99-04-15, 
issued on February 8, 1999, which contained the requirements of this 
amendment.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of April 12, 1999.
    Comments for inclusion in the Rules Docket must be received on or 
before May 26, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), New England Region, Office of the Regional 
Counsel, Attention: Rules Docket No. 99-ANE-09-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 applicable service information may be obtained from Porsche 
Aviation Products, Inc., 1600 Holcomb Avenue, Reno, Nevada, 89502; 
Attn: Mr. Gary Butcher, telephone (702) 329-3937, fax (702) 329-0426. 
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 Luftfahrt-Bundesamt Authority (LBA), 
which is the German airworthiness authority, recently notified the 
Federal Aviation Administration (FAA) that an unsafe condition may 
exist on certain Dr.Ing.h.c.F. Porsche Aktiengesellschaft (Porsche) 
PFM3200N01, N02, and N03 reciprocating engines. The LBA advises that 
they have received reports of six cases of undetected fatigue failures 
of valve springs with one valve spring failure causing an in-flight 
engine failure that ended in an emergency landing. A metallurgical 
analysis determined that the relative motion between the valve spring 
and valve spring retainer will result in fatigue cracking of the valve 
spring and eventual failure of the spring. This condition, if not 
corrected, could result in an in-flight engine shutdown.
    Porsche has issued Service Bulletin (SB) No. N/105-036, dated 
October 8, 1998, that specifies procedures for replacing all valve 
springs in each engine cylinder head. The LBA has classified this SB as 
mandatory and has issued airworthiness directive (AD) FCAA 1998-436, 
dated October 8, 1998, in order to assure the airworthiness of these 
engines in Germany.
    This engine model is manufactured in Germany 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 LBA has kept the FAA informed of 
the situation described above. This engine model is used on a high-
performance single-engine airplane. The nature of the valve spring 
failure is such that the pilot may not have advanced warning of engine 
failure. Therefore, the FAA has determined that the compliance time 
should reflect a reasonable degree of conservatism. The FAA has 
examined the findings of LBA, reviewed all available information, and 
determined that airworthiness directive (AD) action is necessary for 
products of this type design that are certificated for operation in the 
United States.
    On February 8, 1999, the FAA issued AD 99-04-15, applicable to 
Porsche PFM3200N01, N02, and N03 reciprocating engines, installed on 
but not limited to Mooney M20L series airplanes.
    Since an unsafe condition has been identified that is likely to 
exist or develop on other engines of this same type design, this AD 
requires replacement of valve springs prior to further flight on 
PFM3200N0 1, N02, and N03 engines with 500 hours or more time-in-
service (TIS) since new or since last overhaul after the effective date 
of this AD. Additionally, this AD requires replacement of valve springs 
by 500 hours TIS on PFM3200N01, N02, and N03 engines with less than 500 
hours TIS since new or since last overhaul after the effective date of 
this AD. After the initial valve spring replacement, this AD requires 
replacement of springs at intervals not to exceed 500 hours TIS.
    Since it was found that immediate corrective action was required, 
notice and opportunity for prior public comment thereon were 
impracticable and contrary to the public interest, and good cause 
existed to make the AD effective immediately by individual letters 
issued on February 8, 1999, to all known U.S. owners and operators of 
Porsche PFM3200N01, N02, and N03 reciprocating engines. These 
conditions still exist, and the AD is hereby published in the Federal 
Register as an

[[Page 14584]]

amendment to Section 39.13 of part 39 of the Federal Aviation 
Regulations (14 CFR part 39) to make it effective to all persons.

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 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-09-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:

99-04-15  Dr.Ing.h.c.F. Porsche Aktiengesellschaft (Porsche) PFM: 
Amendment 39-11089 Docket 99-ANE-09-AD.

    Applicability: Porsche PFM3200N01, N02, and N03 reciprocating 
engines, installed on but not limited to Mooney M20L series 
airplanes.

    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 (d) 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 in-flight engine shutdown due to undetected fatigue 
failures of valve springs, accomplish the following:
    (a) Prior to further flight, for engines that upon the effective 
date of this AD have 500 or more hours time-in-service (TIS) since 
new or since the last overhaul, replace all valve springs in 
accordance with Porsche service bulletin (SB) No. N/105-036, dated 
October 8, 1998, Instructions, page 2, Nos. 1-14.
    (b) For engines that upon the effective date of this AD have 
less than 500 hours TIS since new or since the last overhaul, 
replace all valve springs prior to accumulating 500 hours TIS since 
new or since the last overhaul in accordance with Porsche SB No. N/
105-036, dated October 8, 1998, Instructions, page 2, Nos. 1-14.
    (c) Thereafter, at intervals not to exceed 500 hours TIS since 
last valve spring replacement, replace all valve springs in 
accordance with Porsche SB No. N/105-036, dated October 8, 1998, 
Instructions, page 2, Nos. 1-14.
    (d) 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 
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.

    (e) The replacement of the valve springs must be done in 
accordance with Porsche SB No. N/105-036, dated October 8, 1998. 
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 Porsche Aviation Products, Inc., 
1600 Holcomb Avenue, Reno, Nevada, 89502; Attn: Mr. Gary Butcher, 
telephone (702) 329-3937, fax (702) 329-0426. 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.
    (f) This amendment becomes effective April 12, 1999, to all 
persons except those persons to whom it was made immediately 
effective by priority letter AD 99-04-15, issued February 8, 1999, 
which contained the requirements of this amendment.

    Issued in Burlington, Massachusetts, on March 17, 1999.
Donald Plouffe,
Acting Manager, Engine and Propeller Directorate, Aircraft 
Certification Service.
[FR Doc. 99-7212 Filed 3-25-99; 8:45 am]
BILLING CODE 4910-13-U