[Federal Register Volume 86, Number 208 (Monday, November 1, 2021)]
[Rules and Regulations]
[Pages 60159-60162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23842]



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 Rules and Regulations
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  Federal Register / Vol. 86, No. 208 / Monday, November 1, 2021 / 
Rules and Regulations  

[[Page 60159]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0946; Project Identifier MCAI-2021-01020-E; 
Amendment 39-21793; AD 2021-22-20]
RIN 2120-AA64


Airworthiness Directives; Austro Engine GmbH Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Austro Engine GmbH E4 and E4P model diesel piston engines. This 
AD was prompted by reports of failure of the high-pressure pump (HPP) 
driving gear and a subsequent determination that a batch of HPP driving 
gears may have been damaged during assembly. This AD requires, for 
engines with an affected cylinder head, inspection of the HPP driving 
gear and, depending on the results of the inspection, replacement of 
the HPP driving gear with a part eligible for installation. This AD 
also requires, for engines with an affected HPP driving gear, 
replacement of the HPP driving gear either before further flight or 
within a certain number of flight hours after the effective date of 
this AD. The FAA is issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective November 16, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of November 16, 
2021.
    The FAA must receive comments on this AD by December 16, 2021.

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 https://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 final rule, contact 
Austro Engine GmbH, Rudolf-Diesel-Strasse 11, 2700 Weiner Neustadt, 
Austria; phone: +43 2622 23000; website: www.austroengine.at. You may 
view this service information at the FAA, Airworthiness Products 
Section, Operational Safety Branch, 1200 District Avenue, Burlington, 
MA 01803. For information on the availability of this material at the 
FAA, call (781) 238-7759. It is also available at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0946.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0946; 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 final rule, the 
mandatory continuing airworthiness information (MCAI), any comments 
received, and other information. The street address for the Docket 
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Wego Wang, Aviation Safety Engineer, 
ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 
(781) 238-7134; fax: (781) 238-7199; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The European Union Aviation Safety Agency (EASA), which is the 
Technical Agent for the Member States of the European Community, issued 
EASA AD 2021-0203R1, dated September 24, 2021 (referred to after this 
as ``the MCAI''), for Austro Engine GmbH E4 and E4P model diesel piston 
engines, to address the unsafe condition on these products. The MCAI 
states:

    Occurrences were reported of HPP driving gear failure. 
Subsequent investigation determined that a certain batch of HPP 
driving gears was produced with a worn out assembly tool P/N 
AE300T012-1. Those HPP driving gears may have been damaged during 
assembly. Concurrently, it was determined that, for engines equipped 
with a certain cylinder head, a stack up of tolerances exists 
between the cylinder head, cylinder head cover, camshaft gear and 
HPP gear. Both scenarios could result in premature HPP gear failure.
    This condition, if not corrected, could lead to engine in-flight 
shut-down with consequent forced landing, possibly resulting in 
damage to the aeroplane and injury to occupants. To address this 
potential unsafe condition, Austro Engine published the inspection 
SB, as defined in this [EASA] AD, to provide instructions for HPP 
gear inspection on engines equipped with an affected cylinder head, 
as defined in this [EASA] AD. Austro Engine also published the 
replacement SB, as defined in this [EASA] AD, to provide 
instructions for replacement of affected HPP gears, as defined in 
this [EASA] AD. For the reason described above, EASA issued 
Emergency AD 2021-0203-E to require inspection and/or replacement of 
HPP gears.

    You may obtain further information by examining the MCAI in the AD 
docket at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2021-0946.

FAA's Determination

    This product has been approved by EASA and is approved for 
operation in the United States. Pursuant to our bilateral agreement 
with the European Community, EASA has notified the FAA of the unsafe 
condition described in the MCAI. The FAA is issuing this AD because the 
agency evaluated all the relevant information provided by EASA and has 
determined that the unsafe condition described previously is likely to 
exist or develop in other products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Austro Engine Mandatory Service Bulletin No. MSB-
E4-035/1, Revision No. 1, dated September 30, 2021 (MSB-E4-035/1); and 
Austro Engine Mandatory Service Bulletin No. MSB-E4-034/3, Revision No. 
3, dated September 30, 2021 (MSB-E4-034/3).
    Austro Engine MSB-E4-035/1 specifies procedures for inspecting HPP 
driving gears installed on E4 and E4P

[[Page 60160]]

model diesel piston engines equipped with an affected cylinder head.
    Austro Engine MSB-E4-034/3 identifies the applicable part number 
and serial numbers of affected HPP driving gears installed on Austro 
Engine GmbH E4 and E4P model diesel piston engines.
    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 ADDRESSES.

AD Requirements

    This AD requires, for engines with an affected cylinder head, 
inspection of the HPP driving gear and, depending on the results of the 
inspection, replacement of the HPP driving gear with a part eligible 
for installation. This AD also requires, for engines with an affected 
HPP driving gear, replacement of the HPP driving gear within a certain 
number of flight hours, depending on the airplane on which the affected 
engine is installed.

Differences Between This AD and the MCAI

    The MCAI requires replacement of the HPP driving gear using the 
Accomplishment/Instructions, paragraph 2.1., of Austro Engine MSB-E4-
034/3 while this AD does not require use of MSB-E4-034/3 to replace the 
HPP driving gear.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies foregoing notice and comment prior to adoption of this rule. 
The FAA received a report of occurrences of failure of the HPP driving 
gear. The manufacturer subsequently determined that a certain batch of 
HPP driving gears was produced with a worn out assembly tool, and may 
have been damaged during assembly. The manufacturer also determined 
that, for engines equipped with a certain cylinder head, a stack up of 
tolerances exists between the cylinder head, cylinder head cover, 
camshaft gear and high pressure pump driving gear. Both conditions 
could result in failure of the HPP driving gear. Austro Engine 
subsequently issued service information providing instructions for 
inspection and replacement of certain HPP driving gears installed on E4 
and E4P model diesel piston engines.
    Failure of the HPP driving gear can result in in-flight engine 
shut-down, forced landing, and damage to the airplane. The FAA 
considers failure of the HPP driving gear to be an urgent safety issue 
that requires immediate action to avoid damage to the airplane. For 
engines with an affected cylinder head, if the HPP driving gear does 
not pass the inspection required by this AD, this AD requires 
replacement of the HPP driving gear before further flight. In addition, 
for engines with an affected HPP driving gear and with a certain number 
of hours accumulated on the HPP driving gear, this AD also requires 
replacement of the HPP driving gear before further flight. Accordingly, 
notice and opportunity for prior public comment are impracticable and 
contrary to the public interest pursuant to 5 U.S.C. 553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days, 
for the same reasons the FAA found good cause to forgo notice and 
comment.

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2021-0946 and Project Identifier 
MCAI-2021-01020-E'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this AD contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this AD, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this AD. Submissions containing CBI should be sent to Wego 
Wang, Aviation Safety Engineer, ECO Branch, FAA, 1200 District Avenue, 
Burlington, MA 01803. Any commentary that the FAA receives which is not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not 
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt 
a rule without prior notice and comment. Because FAA has determined 
that it has good cause to adopt this rule without prior notice and 
comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 418 engines installed on 
airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this AD:

[[Page 60161]]



                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspect HPP driving gear...........  .5 work-hours x $85 per                  $0          $42.50         $17,765
                                      hour = $42.50.
Replace HPP driving gear (for        2 work-hours x $85 per hour             145             315         131,670
 engines with an affected HPP         = $170.
 driving gear).
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary 
replacements that would be required based on the results of the 
inspection. The agency has no way of determining the number of aircraft 
that might need this replacement:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replace HPP driving gear (for engines with an   2 work-hours x $85 per hour =               $145            $315
 affected cylinder head).                        $170.
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some of the costs of this AD 
may be covered under warranty, thereby reducing the cost impact on 
affected operators.

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.

Regulatory Findings

    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 that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

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

The Amendment

    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 airworthiness 
directive:

2021-22-20 Austro Engine GmbH Engines: Amendment 39-21793; Docket 
No. FAA-2021-0946; Project Identifier MCAI-2021-01020-E.

(a) Effective Date

    This airworthiness directive (AD) is effective November 16, 
2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Austro Engine GmbH E4 and E4P model diesel 
piston engines equipped with either:
    (1) A cylinder head having part number (P/N) E4A-12-500-000 
(affected cylinder head), or
    (2) A high-pressure pump (HPP) driving gear, having P/N E4A-30-
000-201, with a serial number (S/N) listed in Chapter 1.4, Table 1 
of Austro Engine Mandatory Service Bulletin No. MSB-E4-034/3, 
Revision No. 3, dated September 30, 2021 (MSB-E4-034/3) (affected 
HPP driving gear).

(d) Subject

    Joint Aircraft System Component (JASC) Code 8520, Reciprocating 
Engine Power Section.

(e) Unsafe Condition

    This AD was prompted by reports of failure of the HPP driving 
gear and a subsequent investigation by the manufacturer, which 
determined that a certain batch of HPP driving gears may have been 
damaged during assembly. The investigation also determined that 
affected engines equipped with an affected cylinder head were also 
subject to premature failure of the HPP driving gear. The FAA is 
issuing this AD to prevent the failure of the HPP driving gear. The 
unsafe condition, if not addressed, could result in in-flight engine 
shut-down, forced landing, and damage to the airplane.

(f) Compliance

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

(g) Required Actions

    (1) For engines with an affected cylinder head, before further 
flight after the effective date of this AD, perform all actions in 
the Accomplishment/Instructions, paragraph 2.1., of Austro Engine 
Mandatory Service Bulletin No. MSB-E4-035/1, Revision No. 1, dated 
September 30, 2021 (MSB-E4-035/1).
    (2) If, during the performance of the actions required by 
paragraph (g)(1) of this AD, the HPP driving gear does not pass the 
inspection, as specified in paragraph 2.1. of Austro Engine MSB-E4-
035/1, before further flight, replace the HPP driving gear with a 
part eligible for installation.
    (3) For engines equipped with an affected HPP driving gear, 
within the compliance time specified in Table 1 to paragraph (g)(3) 
of this AD, as applicable, replace each affected HPP driving gear 
with a part eligible for installation.

[[Page 60162]]

[GRAPHIC] [TIFF OMITTED] TR01NO21.001

(h) Definitions

    (1) For the purpose of this AD, a part eligible for installation 
is an HPP driving gear that is not an affected HPP driving gear.
    (2) For the purpose of this AD, engines in Engine Group 1 are 
Model E4 engines in configuration ``-A'' installed on single engine 
airplanes.
    (3) For the purpose of this AD, engines in Engine Group 2 are 
Model E4 engines in configuration ``-B'' or ``-C'' and Model E4P 
engines installed on twin-engine airplanes.

(i) Special Flight Permit

    A special flight permit may be issued in accordance with 14 CFR 
21.197 and 21.199 to permit a single ferry flight to a location 
where the actions required by this AD can be accomplished on a twin-
engine airplane that has one or two Model E4 engines in 
configuration ``-B'' or ``-C'', or Model E4P engines, installed.

(j) Non-Required Actions

    The requirements to fill out and send the execution report to 
Austro Engine, as well as the requirement to contact Austro Engine 
and provide pictures of the driving gear, as set forth in the 
Accomplishment/Instructions, paragraph 2.1., of MSB-E4-035/1, are 
not required by this AD.

(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 
ECO Branch, 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 Wego Wang, 
Aviation Safety Engineer, ECO Branch, FAA, 1200 District Avenue, 
Burlington, MA 01803; phone: (781) 238-7134; fax: (781) 238-7199; 
email: [email protected].
    (2) Refer to European Union Aviation Safety Agency (EASA) AD 
2021-0203R1, dated September 24, 2021, for more information. You may 
examine the EASA AD in the AD docket at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2021-0946.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Austro Engine Mandatory Service Bulletin (MSB) No. MSB-E4-
035/1, Revision No. 1, dated September 30, 2021.
    (ii) Austro Engine MSB No. MSB-E4-034/3, Revision No. 3, dated 
September 30, 2021.
    (3) For Austro Engine service information identified in this AD, 
you may contact Austro Engine GmbH, Rudolf-Diesel-Strasse 11, 2700 
Weiner Neustadt, Austria; phone: +43 2622 23000; website: 
www.austroengine.at.
    (4) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 1200 
District Avenue, Burlington, MA 01803. For information on the 
availability of this material at the FAA, call (781) 238-7759.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email: [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on October 27, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-23842 Filed 10-28-21; 11:15 am]
BILLING CODE 4910-13-P