[Federal Register Volume 84, Number 205 (Wednesday, October 23, 2019)]
[Proposed Rules]
[Pages 56707-56709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23104]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 84, No. 205 / Wednesday, October 23, 2019 / 
Proposed Rules  

[[Page 56707]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0664; Product Identifier 2018-NE-03-AD]
RIN 2120-AA64


Airworthiness Directives; Austro Engine GmbH Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to supersede airworthiness directive (AD) 
2018-07-16 which applies to all Austro Engine GmbH model E4 and E4P 
diesel piston engines. AD 2018-07-16 requires initial and repetitive 
replacement of the waste gate controller and the control rod circlip. 
Since the FAA issued AD 2018-07-16, Austro Engine GmbH developed a 
modification of the waste gate control-rod fail-safe bridge and spring-
loaded circlip that terminates the need for repetitive replacement of 
the waste gate controller and the control rod circlip. This proposed AD 
would retain the requirements of AD 2018-07-16 and requires engine 
modification by installing a waste gate control-rod fail-safe bridge 
and new spring-loaded circlip that terminates the initial and 
repetitive replacement requirements of AD 2018-07-16. The FAA is 
proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by December 9, 
2019.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Austro 
Engine GmbH, Rudolf-Diesel-Strasse 11, A-2700 Weiner Neustadt, Austria; 
phone: +43 2622 23000; fax: +43 2622 23000-2711; internet: 
www.austroengine.at. You may view this service information at the FAA, 
Engine and Propeller Standards Branch, 1200 District Avenue, 
Burlington, MA 01803. For information on the availability of this 
material at the FAA, call 781-238-7759.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0664; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this NPRM, the mandatory continuing airworthiness information (MCAI), 
the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations is listed above. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Barbara Caufield, Aerospace Engineer, 
ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 
781-238-7146; fax: 781-238-7199; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2019-0664; 
Product Identifier 2018-NE-03-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this NPRM. The FAA will 
consider all comments received by the closing date and may amend this 
NPRM because of those comments.
    The FAA will post all comments received, without change, to http://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact it receives about this proposed AD.

Discussion

    The FAA issued AD 2018-07-16, Amendment 39-19247 (83 FR 15733, 
April 12, 2018), (``AD 2018-07-16''), for all Austro Engine GmbH model 
E4 and E4P diesel piston engines. AD 2018-07-16 requires initial and 
repetive replacement of the waste gate controller and the control rod 
circlip. AD 2018-07-16 resulted from reports of broken or disconnected 
turbocharger waste gate control rods on some engines. The FAA issued AD 
2018-07-16 to prevent failure of the turbocharger waste gate control 
rod.

Actions Since AD 2018-07-16 Was Issued

    Since the FAA issued AD 2018-07-16, Austro Engine GmbH developed a 
modification of the waste gate control-rod by adding a fail-safe bridge 
and spring-loaded circlip. Also since the FAA issued AD 2018-07-16, the 
European Union Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued AD 
2018-0125, dated June 6, 2018, (referred to after this as ``the 
MCAI''), to address the unsafe condition on these products. The MCAI 
states:

    Occurrences were reported where, on some engines, turbocharger 
waste gate control rods were found broken and/or disconnected. 
Investigation results indicate that these failures were due to 
insufficient fatigue life or improper handling of the waste gate 
control rod and improper installation of the non-spring-loaded 
circlip.
    These conditions, if not corrected, could lead to improper 
operation of the waste gate with consequent engine power loss, 
possibly resulting in reduced control of the aeroplane.
    To address this potential unsafe condition, Austro Engine 
designed a new spring loaded circlip and published MSB-E4-022 (later 
revised), introducing a life limit for the affected waste gate 
controllers and circlips. Consequently, EASA issued AD 2017-0250, 
requiring implementation of those life limits, and prohibiting 
reinstallation of non-spring-loaded circlips.
    Since that AD was issued, Austro Engine developed a 
modification, which allows replacing the waste gate controller and 
the circlip on condition, and issued the MSB accordingly.

[[Page 56708]]

    For the reason stated above, this AD retains the requirements of 
EASA AD 2017-0250, which is superseded, and requires an engine 
modification by installing a waste-gate control-rod fail-safe bridge 
and a new circlip, which cancels the life limitations.

    You may obtain further information by examining the MCAI in the AD 
docket on the internet at http://www.regulations.gov by searching for 
and locating Docket No. FAA-2019-0664.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Austro Engine Mandatory Service Bulletin (MSB) No. 
MSB-E4-022, Rev. No. 3, April 16, 2018. The MSB describes procedures 
for initial and repetitive replacement of the waste gate controller and 
the control rod circlip. The MSB also describes procedures for the 
installation of the waste gate control-rod fail-safe bridge and new 
spring-loaded circlip as terminating action for the initial and 
repetitive replacement procedures of the MSB. This service information 
is reasonably available because the interested parties have access to 
it through their normal course of business or by the means identified 
in the ADDRESSES section.

FAA's Determination

    The FAA is proposing this AD because it evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would retain all the requirements of AD 2018-07-
16. This proposed AD would also require engine modification by 
installing the waste gate control rod fail-safe bridge and new spring-
loaded circlip as terminating action for the initial and repetitive 
replacement requirements of this proposed AD.

Costs of Compliance

    The FAA estimates that this proposed AD affects 211 engines 
installed on airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this proposed 
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Replace waste gate controller and       0.5 work-hours x $85 per            $235         $277.50      $58,552.50
 control rod circlip.                    hour = $42.50.
Install waste gate control rod fail-    0.5 work-hours x $85 per             227          269.50       56,864.50
 safe bridge and new spring-loaded       hour = $42.50.
 circlip.
----------------------------------------------------------------------------------------------------------------

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.
    The FAA is 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.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to engines, propellers, and 
associated appliances to the Manager, Engine and Propeller Standards 
Branch, Policy and Innovation Division.

Regulatory Findings

    The FAA has determined that this proposed AD would not have 
federalism implications under Executive Order 13132. This proposed AD 
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.
    For the reasons discussed above, I certify that the proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, 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.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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 removing airworthiness directive (AD) 
2018-07-16, Amendment 39-19247 (83 FR 15733, April 12, 2018), and 
adding the following new AD:

Austro Engine GmbH Engines: Docket No. FAA-2019-0664; Product 
Identifier 2018-NE-03-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by December 9, 
2019.

(b) Affected ADs

    This AD replaces AD 2018-07-16, Amendment 39-19247 (83 FR 15733, 
April 12, 2018).

(c) Applicability

    This AD applies to all Austro Engine GmbH model E4 and E4P 
diesel piston engines.

(d) Subject

    Joint Aircraft System Component (JASC) Code 8560, Reciprocating 
Engine Supercharger.

(e) Unsafe Condition

    This AD was prompted by reports of broken or disconnected 
turbocharger waste gate control rods on some engines. The FAA

[[Page 56709]]

is issuing this AD to prevent failure of the turbocharger waste gate 
control rod. The unsafe condition, if not addressed, could result in 
loss of engine thrust control and reduced control of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions

    (1) Within the compliance times identified in Table 1 to 
paragraph (g)(1) of this AD, and thereafter at intervals not to 
exceed 250 flight hours (FHs), replace the waste gate controller and 
control rod circlip in accordance with the Accomplishment/
Instructions, Paragraph 2.1, Initial Action or Repetitive Action, of 
Austro Engine Mandatory Service Bulletin (MSB) No. MSB-E4-022, Rev. 
No. 3, dated April 16, 2018.
[GRAPHIC] [TIFF OMITTED] TP23OC19.000

    (2) Within 200 FH or six months, whichever occurs first after 
the effective date of this AD, modify the engine by installing a 
waste gate control rod fail-safe bridge and a new spring-loaded 
circlip in accordance with the Accomplishment/Instructions, 
Paragraph 2.1, Terminating Action, of Austro Engine GmbH MSB No. 
MSB-E4-022, Rev. No. 3, dated April 16, 2018.

(h) Terminating Action

    Modification of an engine by installing a waste gate control rod 
fail-safe bridge and a new spring-loaded circlip, in accordance with 
the Accomplishment/Instructions, Paragraph 2.1, Terminating Action, 
of Austro Engine MSB No. MSB-E4-022, Rev. No. 3, dated April 16, 
2018, is terminating action for the initial and repetitive 
replacement requirements of paragraph (g)(1) of this AD for that 
engine.

(i) Definitions

    For the purpose of this AD, a Group 1 engine is an Austro Engine 
GmbH model E4-A engine, or an Austro Engine GmbH model E4-B or E4-C 
engine installed on a DA 42 M-NG airplane with external containers. 
A Group 2 engine is any other Austro Engine GmbH model E4 and E4P 
engine.

(j) Credit for Previous Actions

    You may take credit for initial and repetitive replacements of 
the waste gate controller and control rod circlip required by 
paragraph (g)(1) of this AD if you performed this action before the 
effective date of this AD using Austro Engine MSB No. MSB-E4-022, 
Rev. No. 2, dated November 27, 2017, or earlier versions.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, ECO Branch, FAA, has the authority to approve 
AMOCs for this AD, if requested using the procedures found in 14 CFR 
39.19. In accordance with 14 CFR 39.19, send your request to your 
principal inspector or local Flight Standards District Office, as 
appropriate. If sending information directly to the manager of the 
certification office, send it to the attention of the person 
identified in paragraph (l)(1) of this AD. You may email your 
request to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(l) Related Information

    (1) For more information about this AD, contact Barbara 
Caufield, Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue, 
Burlington, MA 01803; phone: 781-238-7146; fax: 781-238-7199; email: 
[email protected].
    (2) Refer to European Union Aviation Safety Agency (EASA) AD 
2018-0125, dated June 6, 2018, for more information. You may examine 
the EASA AD in the AD docket on the internet at http://www.regulations.gov by searching for and locating it in Docket No. 
FAA-2019-0664.
    (3) For service information identified in this AD, contact 
Austro Engine GmbH, Rudolf-Diesel-Strasse 11, A-2700 Weiner 
Neustadt, Austria; phone: +43 2622 23000; fax: +43 2622 23000-2711; 
internet: www.austroengine.at. You may view this referenced service 
information at the FAA, Engine and Propeller Standards Branch, 1200 
District Avenue, Burlington, MA 01803. For information on the 
availability of this material at the FAA, call 781-238-7759.


    Issued in Burlington, Massachusetts, on October 18, 2019.
Robert J. Ganley,
Manager, Engine & Propeller Standards Branch, Aircraft Certification 
Service.
[FR Doc. 2019-23104 Filed 10-22-19; 8:45 am]
 BILLING CODE 4910-13-P