[Federal Register Volume 87, Number 169 (Thursday, September 1, 2022)]
[Rules and Regulations]
[Pages 53648-53650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19050]



[[Page 53648]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1056; Project Identifier MCAI-2022-00895-P; 
Amendment 39-22153; AD 2022-18-02]
RIN 2120-AA64


Airworthiness Directives; MT-Propeller Entwicklung GmbH 
Propellers

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain MT-Propeller Entwicklung GmbH MTV-5-1-( ), MTV-9-( ), MTV-11-( 
), MTV-12-( ), MTV-14-B, MTV-14-D, MTV-15-( ), MTV-16-( ), MTV-17-( ), 
MTV-18-( ), MTV-20-( ), and MTV-27-( ) variable pitch propellers. This 
AD was prompted by reports of certain propeller blade lag screws that 
were manufactured with an improper surface finish, which results in 
reduced fatigue strength of these lag screws. This AD requires 
replacement of certain propeller blade lag screws with parts eligible 
for installation. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective September 16, 2022
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 
16, 2022.
    The FAA must receive comments on this AD by October 17, 2022.

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 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 MT-
Propeller Entwicklung GmbH, MT-Propeller USA, Inc., 1180 Airport 
Terminal Drive, DeLand, FL 32724; phone: (386) 736-7762; email: 
propellerusa.com">service@mt-propellerusa.com. 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 (817) 222-5110. It is 
also available at www.regulations.gov under Docket No. FAA-2022-1056.

Examining the AD Docket

    You may examine the AD docket at www.regulations.gov under Docket 
No. FAA-2022-1056; 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: Michael Schwetz, Aviation Safety 
Engineer, Boston ACO Branch, FAA, 1200 District Avenue, Burlington, MA 
01803; phone: (781) 238-7761; email: [email protected].

SUPPLEMENTARY INFORMATION:

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-2022-1056; Project Identifier MCAI-
2022-00895-P'' 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 
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 Michael 
Schwetz, Aviation Safety Engineer, Boston ACO 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.

Background

    The European Union Aviation Safety Agency (EASA), which is the 
Technical Agent for the Member States of the European Union, has issued 
EASA AD 2022-0134, dated July 6, 2022 (referred to after this as ``the 
MCAI''), to address an unsafe condition for certain MTV-5, MTV-9, MTV-
12, MTV-14, MTV-15, MTV-16, MTV-18, and MTV-27 variable pitch 
propellers, all models, having a serial number (S/N) identified in MT-
Propeller Entwicklung GmbH Alert Service Bulletin (ASB) No. 30, 
Revision 7, dated June 23, 2022 (MT-Propeller ASB No. 30, Rev. 7); and 
MTV-5, MTV-9, MTV-11, MTV-12, MTV-14, MTV-15, MTV-16, MTV-17, MTV-18, 
MTV-20, and MTV-27 variable pitch propellers, any model, on which a 
propeller blade is installed, having an S/N identified in MT-Propeller 
ASB No. 30, Rev. 7. The MCAI states that in 2014, it was discovered 
that a batch of non-conforming propeller blade lag screws were 
manufactured with an improper surface finish, which results in reduced 
fatigue strength for these lag screws. Further investigation revealed 
that the non-conforming propeller blade lag screws were installed on 
the blades of propellers manufactured during the period of November 
2013 to October 2014 and on certain propellers and propeller blades 
that were overhauled or repaired by MT-Propeller or an MT-Propeller 
approved Service Center during the same period. MT-Propeller published 
Service Bulletin No. 30, Original Issue, dated November 4, 2014, 
identifying the S/Ns of the affected propellers and propeller blades 
and specifying the replacement of the propeller blade lag screws with 
serviceable propeller blade lag screws. MT-Propeller later published 
MT-Propeller Entwicklung GmbH ASB No. 30, Revision 7, updating the S/Ns 
of the affected propellers and propeller blades. This condition, if not 
corrected, could lead to in-flight blade detachment,

[[Page 53649]]

resulting in damage to the airplane and reduced control of the 
airplane. The FAA is issuing this AD to address the unsafe condition.
    You may examine the MCAI in the AD docket at www.regulations.gov 
under Docket No. FAA-2022-1056.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed MT-Propeller Entwicklung GmbH ASB No. 30, Revision 
7, dated June 23, 2022. This ASB identifies the S/Ns of the affected 
propellers and propeller blades and specifies replacement of the 
propeller blade lag screw. This ASB is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in ADDRESSES.

FAA's Determination

    These products have been approved by the aviation authority of 
another country and are approved for operation in the United States. 
Pursuant to the FAA's bilateral agreement with this State of Design 
Authority, it has notified the FAA of the unsafe condition described in 
the MCAI and service information described above. The FAA is issuing 
this AD after determining that the unsafe condition described 
previously is likely to exist or develop on other products of the same 
type design.

AD Requirements

    This AD requires the removal from service of any installed 
propeller blade lag screw with part number (P/N) A-983-C-85 and the 
replacement with a part eligible for installation.

Differences Between This AD and the MCAI

    The MCAI applies to certain MT-Propeller Entwicklung GmbH MTV-5, 
MTV-9, MTV-11, MTV-12, MTV-14, MTV-15, MTV-16, MTV-17, MTV-18, MTV-20, 
and MTV-27 variable pitch propellers, which are identified on the FAA 
type certificates as MTV-5-1-( ), MTV-9-( ), MTV-11-( ), MTV-12-( ), 
MTV-14-B, MTV-14-D, MTV-15-( ), MTV-16-( ), MTV-17-( ), MTV-18-( ), 
MTV-20-( ), and MTV-27-( ) propellers, respectively.

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 
because the improper surface finish on a propeller blade lag screw 
results in reduced fatigue strength of the propeller blade lag screw. 
Reduced fatigue strength could lead to in-flight blade detachment, 
damage to the airplane, and reduced control of the airplane, which is 
an immediate safety of flight problem. For turboprop engines, the 
propeller blade lag screw must be replaced within 120 days from the 
effective date of this AD or before exceeding 50 flight hours (FHs) 
from the effective date of this AD, whichever occurs first. For piston 
engines, the propeller blade lag screw must be replaced within 60 days 
from the effective date of this AD or before exceeding 25 FHs from the 
effective date of this AD, whichever occurs first. The compliance time 
for the required actions is shorter than the time necessary to allow 
for public comment and for the FAA to publish a final rule. 
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 forego notice and 
comment.

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 the 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 275 propellers installed on 
airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Replace propeller blade lag screws on   12 work-hours x $85 per           $2,500          $3,520         $98,560
 MTV-11-( ), MTV-15-( ), MTV-17-( ),     hour = $1,020.
 and MTV-20-( ) propellers (28
 propellers).
Replace propeller blade lag screws on   18 work-hours x $85 per            3,000           4,530         742,920
 MTV-9-( ), MTV-12-( ), and MTV-18-( )   hour = $1,530.
 propellers (164 propellers).
Replace propeller blade lag screws on   22 work-hours x $85 per            3,500           5,370         150,360
 MTV-14-B, MTV-14-D, and MTV-16-( )      hour = $1,870.
 propellers (28 propellers).
Replace propeller blade lag screws on   30 work-hours x $85 per            5,000           7,550         415,250
 MTV-5-1-( ) and MTV-27( ) propellers    hour = $2,550.
 (55 propellers).
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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

[[Page 53650]]

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:

2022-18-02 MT-Propeller Entwicklung GmbH: Amendment 39-22153; Docket 
No. FAA-2022-1056; Project Identifier MCAI-2022-00895-P.

(a) Effective Date

    This airworthiness directive (AD) is effective September 16, 
2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to MT-Propeller Entwicklung GmbH:
    (1) MTV-5-1-( ), MTV-9-( ), MTV-12-( ), MTV-14-B, MTV-14-D, MTV-
15-( ), MTV-16-( ), MTV-18-( ), and MTV-27-( ) variable pitch 
propellers with a propeller serial number (S/N) identified in MT-
Propeller Entwicklung GmbH Alert Service Bulletin (ASB) No. 30, 
Revision 7, dated June 23, 2022 (MT-Propeller ASB No. 30, Rev. 7); 
and
    (2) MTV-5-1-( ), MTV-9-( ), MTV-11-( ), MTV-12-( ), MTV-14-B, 
MTV-14-D, MTV-15-( ), MTV-16-( ), MTV-17-( ), MTV-18-( ), MTV-20-( 
), and MTV-27-( ) variable pitch propellers with a propeller blade 
S/N identified in MT-Propeller ASB No. 30, Rev. 7, installed.

(d) Subject

    Joint Aircraft System Component (JASC) Code 6100, Propeller 
System.

(e) Unsafe Condition

    This AD was prompted by reports of certain propeller blade lag 
screws that were manufactured with an improper surface finish, which 
results in reduced fatigue strength of these lag screws. The FAA is 
issuing this AD to prevent in-flight blade detachment. The unsafe 
condition, if not addressed, could lead to release of the propeller, 
damage to the airplane, and reduced control of the airplane.

(f) Compliance

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

(g) Required Actions

    (1) If the affected propeller or propeller blade is installed on 
a turboprop engine, before exceeding 120 days from the effective 
date of this AD, or within 50 flight hours (FHs) from the effective 
date of this AD, whichever occurs first, remove from service any 
propeller blade lag screw with part number (P/N) A-983-C-85 and 
replace with a part eligible for installation.
    (2) If the affected propeller or propeller blade is installed on 
a piston engine, before exceeding 60 days from the effective date of 
this AD, or within 25 FHs from the effective date of this AD, 
whichever occurs first, remove from service any propeller blade lag 
screw with P/N A-983-C-85 and replace with a part eligible for 
installation.

(h) Definition

    For the purpose of this AD, a ``part eligible for installation'' 
is any propeller blade lag screw with P/N A-983-D-85 or P/N A-983-E-
85.

(i) Installation Prohibition

    After the effective date of this AD, do not install a propeller 
blade lag screw with P/N A-983-C-85 onto any propeller or propeller 
blade.

(j) Credit for Previous Actions

    You may take credit for the actions required by paragraph (g) of 
this AD if the actions were performed before the effective date of 
this AD using MT-Propeller Entwicklung GmbH Alert Service Bulletin 
No. 30, Revision 6, dated January 18, 2022, or earlier versions of 
this service information.

(k) Alternative Methods of Compliance (AMOCs)

    The following provisions also apply to this AD.
    (1) The Manager, Boston ACO Branch, FAA, has the authority to 
approve AMOCs for this AD, if requested using the procedures found 
in Sec.  39.19. In accordance with Sec.  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)(2) of this AD.
    (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) Additional Related Information

    (1) Refer to European Union Aviation Safety Agency (EASA) AD 
2022-0134, dated July 6, 2022, for related information. This EASA AD 
may be found in the AD docket at www.regulations.gov under Docket 
No. FAA-2022-1056.
    (2) For more information about this AD, contact Michael Schwetz, 
Aviation Safety Engineer, Boston ACO Branch, FAA, 1200 District 
Avenue, Burlington, MA 01803; phone: (781) 238-7761; email: [email protected].

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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) MT-Propeller Entwicklung GmbH Alert Service Bulletin No. 30, 
Revision 7, dated June 23, 2022.
    (ii) [Reserved]
    (3) For MT-Propeller Entwicklung GmbH service information 
identified in this AD, contact MT-Propeller Entwicklung GmbH, MT-
Propeller USA, Inc., 1180 Airport Terminal Drive, DeLand, FL 32724; 
phone: (386) 736-7762; email: propellerusa.com">service@mt-propellerusa.com.
    (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 (817) 222-5110.
    (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: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on August 17, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-19050 Filed 8-30-22; 4:15 pm]
BILLING CODE 4910-13-P