[Federal Register Volume 73, Number 246 (Monday, December 22, 2008)]
[Rules and Regulations]
[Pages 78173-78175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30049]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0842; Directorate Identifier 2008-NE-24-AD; 
Amendment 39-15771; AD 2008-26-05]
RIN 2120-AA64


Airworthiness Directives; Bombardier-Rotax GmbH 914 F Series 
Reciprocating Engines

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) issued by an aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    Occurrence of cracks in the exhaust muffler in the area of the 
exhaust bottom and exhaust flange were reported, which could lead to 
toxic contamination inside the cabin.

    We are issuing this AD to require actions to correct the unsafe 
condition on these products, which could result in carbon monoxide 
contamination in the cockpit, which can adversely affect the pilot, and 
possibly result in loss of control of the aircraft.

DATES: This AD becomes effective January 26, 2009.

ADDRESSES: The Docket Operations office is located at Docket Management 
Facility, U.S. Department of Transportation, 1200 New Jersey Avenue, 
SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-
0001.

FOR FURTHER INFORMATION CONTACT: Richard Woldan, Aerospace Engineer, 
Engine Certification Office, FAA, Engine and Propeller Directorate, 12 
New England Executive Park; Burlington, MA 01803; e-mail: 
[email protected]; telephone (781) 238-7136; fax (781) 238-7199.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on September 12, 2008 
(73 FR 52932). That NPRM proposed to correct an unsafe condition for 
the specified products. The MCAI states that:

    Occurrence of cracks in the exhaust muffler in the area of the 
exhaust bottom and exhaust flange were reported, which could lead to 
toxic contamination inside the cabin.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received.

Suggestion To Pressurize the Muffler With Air To Detect Leaks

    One commenter, a private citizen, suggests that we change the 
proposed AD to inspect for cracks by pressurizing the muffler with air 
and using a soap solution to detect leaks. The commenter states that 
this method would detect finer cracks than just a visual inspection 
would find.
    We partially agree. The suggested inspection is likely more 
sensitive, but the visual inspections specified in the

[[Page 78174]]

proposed AD are sensitive enough to detect an exhaust leak that could 
create an unsafe condition. However, operators can request approval to 
use another inspection method instead of using the method specified in 
the AD, by requesting approval of an alternative method of compliance 
(AMOC). We did not change the AD.

Request To Allow Repair of a Cracked Muffler

    The same commenter requests that we change the proposed AD to allow 
the repair of a cracked muffler instead of replacing the muffler. The 
commenter infers that this would be more cost effective.
    We disagree. The cracks occurring in the mufflers are in weld areas 
that were part of the original manufacturing process. The muffler 
manufacturing process was changed to correct the cracking problem. A 
repair in the area of the original weld might not correct the unsafe 
condition and could make the muffler more susceptible to future 
cracking, thereby requiring continued inspections. However, operators 
can request approval of an AMOC for a muffler repair method, but 
operators would have to address the repair concerns mentioned 
previously. We did not change the AD.

Suggestion To Install a Carbon Monoxide (CO) Detector in the Cockpit

    The same commenter suggests that operators install a CO detector in 
the cockpit to identify presence of harmful levels of CO. The commenter 
infers that this would provide an additional level of protection.
    We disagree. The inspections specified in the proposed AD are 
adequate to detect an exhaust leak that could create an unsafe 
condition. Also, maintenance checks of the CO detector would be 
required to ensure its correct operation, if it was being relied on as 
a method to prevent the unsafe condition. We did not change the AD.

Conclusion

    We reviewed the available data, including the comments received, 
and determined that air safety and the public interest require adopting 
the AD as proposed.

Costs of Compliance

    Based on the service information, we estimate that this AD will 
affect about 75 products of U.S. registry. We also estimate that it 
will take about 2 work-hours per product to comply with this AD. The 
average labor rate is $80 per work-hour. Required parts will cost about 
$1,674 per product. Based on these figures, we estimate the cost of the 
AD on U.S. operators to be $137,550. Our cost estimate is exclusive of 
possible warranty coverage.

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.
    We are 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

    We determined that this AD will not have federalism implications 
under Executive Order 13132. This AD will 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 this AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Operations office (telephone (800) 647-5527) is provided in 
the ADDRESSES section. Comments will be available in the AD docket 
shortly after receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2008-26-05 Bombardier-Rotax GmbH: (Formerly Rotax GmbH): Amendment 
39-15771. Docket No. FAA-2008-0842; Directorate Identifier 2008-NE-
24-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective January 
26, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier-Rotax GmbH 914 F series 
reciprocating engines with engine exhaust muffler, part number (P/N) 
979402 or 979404, with serial numbers (SNs) listed in Table 1 of 
this AD, installed. These engines are installed on, but not limited 
to, Aeromot-Industria Mecanico Metalurgica, AMT-300 (Turbo Ximango 
Shark), Diamond Aircraft Industries, HK 36 TTS, HK 36 TTC, HK 36 
TTC-ECO, and Stemme GmbH & Co. KG, S10-VT series powered sailplanes.

[[Page 78175]]



        Table 1--Affected Exhaust Mufflers by Group, P/N, and SN
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           Group                   P/N                    SN
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(1) A......................          979402  02.0001 through 02.0322,
                                              03.0002, 03.0005, 03.0011,
                                              03.0015, 03.0017, 03.0028,
                                              03.0029, 03.0037, 03.0038,
                                              03.0040, 03.0050, 03.0069,
                                              03.0072, 03.0073, 03.0078,
                                              03.0080 through 03.0086,
                                              03.0088 through 03.0090,
                                              03.0092 through 03.0101,
                                              03.0103, and 03.0108.
(2) B......................          979402  03.0001, 03.0003, 03.0004,
                                              03.0006, 03.0007 through
                                              03.0010, 03.0012 through
                                              03.0014, 03.0016, 03.0018
                                              through 03.0027, 03.0030
                                              through 03.0036, 03.0039,
                                              03.0041 through 03.0049,
                                              03.0051 through 03.0068,
                                              03.0070, 03.0071, 03.0074
                                              through 03.0077, 03.0079,
                                              03.0087, 03.0091, 03.0102,
                                              and 03.0104 through
                                              03.0107.
                                     979404  03.0200 through 04.0799.
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Reason

    (d) Occurrence of cracks in the exhaust muffler in the area of 
the exhaust bottom and exhaust flange were reported, which could 
lead to toxic contamination inside the cabin.

    We are issuing this AD to prevent carbon monoxide contamination 
in the cockpit, which can adversely affect the pilot, and possibly 
result in loss of control of the aircraft.

Actions and Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified unless the 
actions have already been done.

Initial Visual Inspection

Group A Exhaust Mufflers

    (f) For exhaust mufflers specified in Group A of Table 1 of this 
AD, within 50 hours of operation after the effective date of this 
AD, do the following:
    (1) Perform a visual inspection around the fillet weld of the 
exhaust inlet flange and around the weld of the exhaust outlet for 
evidence of leakage or cracks. Information on inspecting the exhaust 
muffler can be found in Bombardier-Rotax GmbH 914 F Service Bulletin 
(SB) No. SB-914-028 R1, dated November 8, 2004.
    (2) If you see evidence of an exhaust leak or cracks, replace 
the exhaust muffler.

Group B Exhaust Mufflers

    (g) For exhaust mufflers specified in Group B of Table 1 of this 
AD, within 50 hours of operation after the effective date of this 
AD, do the following:
    (1) Perform a visual inspection around the weld of the exhaust 
outlet for evidence of leakage or cracks. Information on inspecting 
the exhaust muffler can be found in Bombardier-Rotax GmbH 914 F 
Service Bulletin No. SB-914-028 R1, dated November 8, 2004.
    (2) If you see evidence of an exhaust leak or cracks, replace 
the exhaust muffler.

Repetitive Visual Inspections

    (h) Within 50 hours of operation since the last inspection, 
perform the actions specified in paragraphs (f)(1) through (f)(2) 
and (g)(1) through (g)(2) of this AD.

FAA AD Differences

    (i) None.

Alternative Methods of Compliance (AMOCs)

    (j) The Manager, Engine Certification Office, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19.

Related Information

    (k) Refer to MCAI EASA Airworthiness Directive 2006-0127, dated 
May 18, 2006, and Bombardier-Rotax GmbH 914 F Service Bulletin No. 
SB-914-028 R1, dated November 8, 2004, for related information. 
Contact Bombardier-Rotax GmbH, Gunskirchen, Austria; telephone: 
7246-601-423; fax: 7246-601-760, or go to: http://www.rotax-aircraft-engines.com, for a copy of this service bulletin.
    (l) Contact Richard Woldan, Aerospace Engineer, Engine 
Certification Office, FAA, Engine and Propeller Directorate, 12 New 
England Executive Park; Burlington, MA 01803; telephone (781) 238-
7136; fax (781) 238-7199, for more information about this AD.

Material Incorporated by Reference

    (m) None.

    Issued in Burlington, Massachusetts, on December 11, 2008.
Peter A. White,
Assistant Manager, Engine and Propeller Directorate, Aircraft 
Certification Service.
 [FR Doc. E8-30049 Filed 12-19-08; 8:45 am]
BILLING CODE 4910-13-P