[Federal Register Volume 67, Number 186 (Wednesday, September 25, 2002)]
[Rules and Regulations]
[Pages 60120-60122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24280]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NE-18-AD; Amendment 39-12889; AD 2002-19-09]
RIN 2120-AA64


Airworthiness Directives; Bombardier-Rotax GmbH 912 F and 912 S 
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 all Bombardier-Rotax GmbH 912 F series and 912 S 
series reciprocating engines with fuel pump assembly part number (P/N) 
996.596 installed. This action requires initial and repetitive visual 
inspections and tests of the fuel pump assembly for fuel leakage. This 
amendment is prompted by two reports of fuel pump assembly fuel leaks. 
The actions specified in this AD are intended to prevent in-flight fuel 
leaks of the fuel pump assembly, which could result in an engine fire.

DATES: Effective October 10, 2002. The incorporation by reference of 
certain publications listed in the rule is approved by the Director of 
the Federal Register as of October 10, 2002.
    Comments for inclusion in the Rules Docket must be received on or 
before November 25, 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-18-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.
    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, by appointment, 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: Austro Control, which is the airworthiness 
authority for Austria, notified the FAA that an unsafe condition may 
exist on Bombardier-Rotax GmbH 912 F and 912 S series reciprocating 
engines with fuel pump assembly P/N 996.596 installed. Austro Control 
advises that they have received two reports of in-service fuel leaks at 
the fuel pump assembly pressure hose nipple. To date, there have been 
no in-flight engine fires due to fuel pump assembly fuel leaks. 
However, Austro Control has determined that Bombardier-Rotax GmbH 912 F 
and 912 S engines having fuel pump assembly P/N 996.596 installed could 
possibly experience fuel pump assembly fuel leaks which could result in 
an in-flight engine fire.

Manufacturer's Service Information

    Bombardier-Rotax GmbH has issued mandatory service bulletin (MSB) 
No. SB-912-031, dated October 2001, that specifies procedures for 
initial and repetitive visual inspections and tests for fuel leakage of 
fuel pump assembly P/N 996.596, installed on Rotax GmbH type 912 F 
series reciprocating engines, SN's 4,412.808 to 4,412.815, and type 912 
S series reciprocating engines SN's 4,922.504 to 4,922.743. The Austro 
Control classified this service bulletin as mandatory and issued AD No. 
109, in order to assure the airworthiness of

[[Page 60121]]

these Bombardier-Rotax GmbH engines in Austria.

Bilateral Airworthiness Agreement

    This engine model is manufactured in Austria and is type 
certificated for operation in the United States under the provisions of 
Sec.  21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the 
applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the Austro Control has kept the FAA 
informed of the situation described above. The FAA has examined the 
findings of the 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 912 F and 912 S series 
reciprocating engines of the same type design, this AD is being issued 
to prevent in-flight fuel leaks of the fuel pump assembly, which could 
result in an engine fire. This AD requires initial and repetitive 
visual inspections and tests for fuel leakage of the fuel pump assembly 
P/N 996.596. The actions must be done in accordance with the service 
bulletin described previously.

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-18-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, 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:

2002-19-09 Bombardier-Rotax GmbH: Amendment 39-12889. Docket No. 
2002-NE-18-AD.
    Applicability: This airworthiness directive (AD) is applicable 
to all Bombardier-Rotax GmbH 912 F series and 912 S series 
reciprocating engines with fuel pump assembly part number (P/N) 
996.596 installed. These engines are installed on, but not limited 
to Diamond Aircraft Industries, DA20-A1, Aeromot-Industria Mecanico 
Metalurgica Itda., Model AMT-200S, and Iniziative Industriali 
Italiane S.p.A. Sky Arrow 650 TCN and Sky Arrow 650 TC aircraft.

    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 in-flight fuel leaks of the fuel pump assembly, which 
could result in an engine fire, do the following:

Initial Visual Inspection and Leakage Test

    (a) Perform an initial visual inspection and a test for fuel 
leakage of the fuel pump assembly part number (P/N) 996.596, within 
10 hours time-in-service (TIS) from the effective date of this AD, 
as follows:
    (1) Visually inspect the fuel pump assembly feeding hose and 
pressure hose for cracks, in accordance with 3.1.1 of the 
accomplishment instructions of Rotax GmbH mandatory service bulletin 
(MSB) No. SB-912-031, dated October 2001. Replace the fuel pump 
assembly before further flight if any cracks are found.
    (2) Conduct a leakage test of the fuel pump assembly, in 
accordance with 3.1.2 of the accomplishment instructions of Rotax 
GmbH MSB No. SB-912-031, dated October 2001. Replace the fuel pump 
assembly before further flight if any leaks are found.
    (3) Perform an operational test run of the engine if any 
maintenance was performed

[[Page 60122]]

that removed or replaced any components of the fuel pump system. 
Information regarding instructions on the engine test run can be 
found in the accomplishment instructions of Rotax GmbH MSB No. SB-
912-031, dated October 2001.

Repetitive Inspections and Leakage Tests

    (b) Visually inspect and test the fuel pump assembly at each 
100-hour, annual, or progressive inspection, or within 110 hours 
time-in-service since last inspection, whichever occurs first, in 
accordance with paragraph (a)(1) through (a)(3) of this AD.

Optional Terminating Action

    (c) Installation of a fuel pump assembly other than fuel pump 
assembly P/N 996.596 constitutes terminating action to the 
repetitive inspections specified in paragraph (b) of this AD.

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 2: 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 
Sec. Sec.  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 done.

Documents That Have Been Incorporated by Reference

    (f) The inspections and tests must be done in accordance with 
Rotax GmbH mandatory service bulletin No. SB-912-031, dated October 
2001. 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.

    Note 3: The subject of this AD is addressed in Austro Control 
airworthiness directive No. 109, dated November 15, 2001.

Effective Date

    (g) This amendment becomes effective on October 10, 2002.

    Issued in Burlington, Massachusetts, on September 16, 2002.
Francis A. Favara,
Acting Manager, Engine and Propeller Directorate, Aircraft 
Certification Service.
[FR Doc. 02-24280 Filed 9-24-02; 8:45 am]
BILLING CODE 4910-13-P