[Federal Register Volume 67, Number 102 (Tuesday, May 28, 2002)]
[Rules and Regulations]
[Pages 36804-36807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13186]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NE-07-AD; Amendment 39-12760; AD 2002-10-14]
RIN 2120-AA64


Airworthiness Directives; Bombardier-Rotax GmbH 914 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 914 F series reciprocating 
engines. This action requires initial and repetitive inspections of 
certain exhaust bend assemblies, which are located between the cylinder 
heads and exhaust manifold assembly. This amendment is prompted by 
reports of cracks found in exhaust bend assemblies. The actions 
specified in this AD are intended to prevent carbon monoxide from 
entering the cabin and also to prevent the possibility of an engine 
fire.

[[Page 36805]]


DATES: Effective June 12, 2002.
    Comments for inclusion in the Rules Docket must be received on or 
before July 29, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), New England Region, Office of the Regional 
Counsel, Attention: Rules Docket No. 2002-NE-07-AD, 12 New England 
Executive Park, Burlington, MA 01803-5299. Comments may be inspected at 
this location, by appointment, between 8 a.m. and 4:30 p.m., Monday 
through Friday, except Federal holidays. Comments may also be sent via 
the Internet using the following address: ``[email protected]''. 
Comments sent via the Internet must contain the docket number in the 
subject line.
    Information regarding this action may be examined, by appointment, 
at the FAA, New England Region, Office of the Regional Counsel, 12 New 
England Executive Park, Burlington, MA.

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.

SUPPLEMENTARY INFORMATION: Austro Control, which is the airworthiness 
authority for Austria, recently notified the FAA that an unsafe 
condition may exist on Bombardier-Rotax GmbH 914 F series reciprocating 
engines. Austro Control advises that cracks found in exhaust bend 
assemblies, which are located between the cylinder heads and exhaust 
manifold assembly have been detected in service. Bombardier-Rotax GmbH 
is continuing to evaluate the unsafe condition and may implement a 
design change as terminating action.

Bilateral Airworthiness Agreement

    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, Austro Control has kept the FAA 
informed of the situation described above. The FAA has examined the 
findings of Austro Control, 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.

FAA's Determination of an Unsafe Condition and Required Actions

    Since an unsafe condition has been identified that is likely to 
exist or develop on other Bombardier-Rotax GmbH 914 F series 
reciprocating engines of the same type design, this AD is being issued 
to prevent carbon monoxide from entering the cabin, and also to prevent 
the possibility of an engine fire. This AD requires initial and 
repetitive inspections of exhaust bend assemblies part numbers (P/N's) 
979422, 979432, 979442, and 979452, which are located between the 
cylinder heads and exhaust manifold assembly, for exterior traces of 
smoke, cracks, and damage.

Immediate Adoption of This AD

    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 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 action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2002-NE-07-AD.'' The postcard will be date stamped and 
returned to the commenter.

Regulatory Analysis

    This final rule does not have federalism implications, as defined 
in Executive Order 13132, because it 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. Accordingly, 
the FAA has not consulted with state authorities prior to publication 
of this final rule.
    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, 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.


[sect] 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

2002-10-14 Bombardier-Rotax GmbH: Amendment 39-12760. Docket No. 
2002-NE-07-AD.

Applicability

    This airworthiness directive (AD) is applicable to Bombardier-
Rotax GmbH 914 F series reciprocating engines with exhaust bend 
assemblies part numbers (P/N's) 979422, 979432, 979442, and 979452 
installed. These engines are installed on, but not limited to, 
Aeromot-Industria Mecanico Metalurgica, AMT-300 (Turbo Ximango 
Shark), Diamond Aircraft Industries, HK 36

[[Page 36806]]

TTS, HK 36 TTC, HK 36 TTC-ECO, and Stemme GmbH & Co. KG, S10--VT, 
Series Powered Sailplanes.

    Note 1: This 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

    Compliance with this AD is required as indicated, unless already 
done.
    To prevent carbon monoxide from entering the cabin, and also to 
prevent the possibility of an engine fire, do the following:

Initial Inspection

    (a) Within 50 hours time-in-service (TIS) after the effective 
date of this AD, visually inspect the exhaust bend assemblies (item 
1, Figure 1, of this AD), located between the cylinder heads and 
exhaust manifold assembly, for exterior traces of smoke, cracks, and 
damage, especially around the exhaust gas temperature (EGT) bosses 
(item 2). Replace any exhaust bend assembly found cracked. Figure 1 
follows:
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    Note 2: Information concerning this inspection can be found in 
Bombardier-Rotax service bulletin No. SB-914-017, dated May 2001.

Repetitive Inspections

    (b) Thereafter, inspect the exhaust bend assemblies every 
additional 50 hours TIS. Replace any exhaust manifold assembly found 
cracked.
    (c) If any exhaust bend assembly is replaced, perform a ground 
test run and exhaust leakage test.

Alternative Methods of Compliance

    (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 (ECO). 
Operators must submit their requests through an appropriate FAA 
Principal Maintenance Inspector, who may add comments and then send 
it to the Manager, ECO.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this airworthiness directive, 
if any, may be obtained from the ECO.

Special Flight Permits

    (e) Special flight permits may be issued in accordance with 
[sect][sect] 21.197 and 21.199 of the Federal Aviation Regulations 
(14 CFR 21.197 and 21.199) to operate the airplane to a location 
where the requirements of this AD can be done.

    Note 4: The subject of this AD is addressed in Austro Control 
airworthiness directive No. 106, dated April 25, 2001.

Effective Date

    (f) This amendment becomes effective on June 12, 2002.

    Issued in Burlington, Massachusetts, on May 16, 2002.
Peter A. White,
Acting Manager, Engine and Propeller Directorate, Aircraft 
Certification Service.
[FR Doc. 02-13186 Filed 5-24-02; 8:45 am]
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