[Federal Register Volume 88, Number 134 (Friday, July 14, 2023)]
[Proposed Rules]
[Pages 45118-45121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14751]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1412; Project Identifier MCAI-2022-01588-E]
RIN 2120-AA64


Airworthiness Directives; Austro Engine GmbH Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Austro Engine GmbH Model E4 and E4P engines. This proposed 
AD was prompted by reports of piston failures and the determination 
that certain batches of pistons were manufactured with a dimensional 
deviation in the piston pin bore and piston diameter. This proposed AD 
would require repetitive engine oil analysis for aluminum content 
outside the acceptable limits and, if necessary, replacement of the 
pistons, piston rings, con-rods assembly, and crankcase or, as an 
alternative, replacement of the engine core. The FAA is proposing this 
AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this NPRM by August 28, 2023.

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 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.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1412; 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), any comments received, and other information. The 
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For service information identified in this NPRM, contact 
Austro Engine GmbH, Rudolf-Diesel-Strasse 11, A-2700 Weiner Neustadt, 
Austria; phone: +43 2622 23000; website: 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 (817) 222-5110.

FOR FURTHER INFORMATION CONTACT: Barbara Caufield, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
phone: (781) 238-7146; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2023-1412; Project Identifier 
MCAI-2022-01588-E'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, 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 proposal 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 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this NPRM.

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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI

[[Page 45119]]

should be sent to Barbara Caufield, Aviation Safety Engineer, FAA, 1600 
Stewart Avenue, Suite 410, Westbury, NY 11590. 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 2022-0240R1, dated December 15, 2022 (referred to after this as 
the MCAI), to address an unsafe condition on Austro Engine GmbH Model 
E4 and E4P engines. The MCAI states that a manufacturer investigation 
into reports of piston failures determined that certain batches of 
pistons were manufactured with a dimensional deviation in the piston 
pin bore and in the piston diameter, which could cause piston failure, 
with consequent loss of oil, loss of engine power, and reduced control 
of the airplane. To address the unsafe condition, EASA issued EASA AD 
2022-0240, dated December 6, 2022, to specify repetitive oil analyses 
and replacement of the pistons, piston rings, con-rods assembly, and 
crankcase, or as an alternative, replacement of the engine core. EASA 
AD 2022-0240 also prohibited release to service of an airplane until 
receipt of the results for each oil analysis.
    Since EASA AD 2022-0240 was issued, the manufacturer determined 
that aluminum levels outside of the acceptable limits would be found 
during the first oil analysis, and are unlikely to be found during 
subsequent oil analyses. As a result, EASA revised EASA AD 2022-0240 
and issued the MCAI to allow release to service of airplanes for a 
limited number of flight hours immediately after the second and 
subsequent oil samples are taken for analyses.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1412.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Austro Engine GmbH Mandatory Service Bulletin MSB-
E4-039/1, Revision 1, dated April 24, 2023, which specifies procedures 
for oil analysis and replacement of the pistons, piston rings, con-rods 
assembly, crankcase, and engine core.
    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.

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 NPRM after determining that the unsafe condition described 
previously is likely to exist or develop on other products of the same 
type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require initial and repetitive engine oil 
analysis for aluminum content outside the acceptable limits and, if 
necessary, replacement of the pistons, piston rings, con-rods assembly, 
and crankcase, or as an alternative, replacement of the engine core.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 357 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
----------------------------------------------------------------------------------------------------------------
Oil Analysis.......................  .25 work-hours x $85 per                 $0          $21.25       $7,586.25
                                      hour = $21.25.
----------------------------------------------------------------------------------------------------------------

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

                                               On-Condition Costs
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                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replace engine core...........................  50 work-hours x $85 per hour =           $15,524         $19,774
                                                 $4,250.
Replace pistons, piston rings, and con-rods     60 work-hours x $85 per hour =             2,216           7,316
 assembly.                                       $5,100.
Replace pistons, piston rings, con-rods         70 work-hours x $85 per hour =             4,141          10,091
 assembly, and crankcase.                        $5,950.
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    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some of the costs of this 
proposed 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.

[[Page 45120]]

Regulatory Findings

    The FAA 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 this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would 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 adding the following new airworthiness 
directive:

Austro Engine GmbH: Docket No. FAA-2023-1412; Project Identifier 
MCAI-2022-01588-E.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by August 28, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Austro Engine GmbH Model E4 and E4P engines 
with a serial number listed in Tables 1, 2, 3, and 4 of Austro 
Engine GMBH Mandatory Service Bulletin MSB-E4-039/1, Revision 1, 
dated April 24, 2023 (MSB-E4-039/1).

(d) Subject

    Joint Aircraft System Component (JASC) Codes 8530, Reciprocating 
Engine Cylinder Section; 8550, Reciprocating Engine Oil System.

(e) Unsafe Condition

    This AD was prompted by reports of piston failures and the 
determination that certain batches of pistons were manufactured with 
a dimensional deviation in the piston pin bore and piston diameter. 
The FAA is issuing this AD to prevent piston failure. The unsafe 
condition, if not addressed, could result in loss of oil, loss of 
engine power, and reduced control of the airplane.

(f) Compliance

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

(g) Required Actions

    (1) For all affected engines, within the applicable compliance 
times specified in Table 1 to paragraph (g)(1) of this AD, perform 
an oil analysis in accordance with paragraph 2., Technical Details, 
Engine Oil Analysis of MSB-E4-039/1, and do not return the engine to 
service until the results of the oil analysis have been determined.

   Table 1 to Paragraph (g)(1)--Oil Analysis for All Affected Engines
------------------------------------------------------------------------
        Engine group             Compliance time          Interval
------------------------------------------------------------------------
Group 1 and Group 3.........  Within 15 flight      Before exceeding 50
                               hours (FHs) from      FHs since last oil
                               the effective date    analysis.
                               of this AD.
Group 2 and Group 4.........  Within 25 FHs from    Before exceeding 100
                               the effective date    FHs since last oil
                               of this AD.           analysis.
------------------------------------------------------------------------

    (2) Thereafter, repeat the oil analysis required by paragraph 
(g)(1) of this AD before exceeding the applicable interval specified 
in Table 1 to paragraph (g)(1) of this AD.
    (3) Following each repetitive oil analysis, the engine may be 
returned to service for no more than the applicable interval 
specified in Table 1 to paragraph (g)(1) of this AD, until receipt 
of the oil analysis result.
    (4) If the result of any oil analysis required by paragraph 
(g)(1) of this AD indicates the aluminum content of the oil is 
greater than the limit specified in paragraph 2., Technical Details, 
Engine Oil Analysis, Table 5--Oil check analysis--Aluminum PPM 
allowable of MSB-E4-039/1, before further flight, replace the 
pistons, piston rings, con-rods assembly, and crankcase, or replace 
the engine core in accordance with paragraph 2., Technical Details, 
Engine core replacement; or Pistons, piston rings, crankcase and 
con-rod assy replacement; as applicable, of MSB-E4-039/1.
    (5) For Group 3 and Group 4 engines, within the applicable 
compliance times specified in Table 2 to paragraph (g)(5) of this 
AD, replace the pistons, piston rings, and con-rods assembly, or 
replace the engine core in accordance with paragraph 2., Technical 
Details, Engine core replacement; or Pistons, piston rings and con-
rod assy replacement, as applicable, of MSB-E4-039/1.

   Table 2 to Paragraph (g)(5)--Replacement for Groups 3 and 4 Engines
------------------------------------------------------------------------
           Engine group                        Compliance time
------------------------------------------------------------------------
Group 3...........................  Before exceeding 900 FHs since new,
                                     or within 15 FHs after the
                                     effective date of this AD,
                                     whichever occurs later.
Group 4...........................  Before exceeding 1,000 FHs since
                                     new, or within 25 FHs after the
                                     effective date of this AD,
                                     whichever occurs later.
------------------------------------------------------------------------


    Note 1 to paragraph (g)(5): FHs since new indicated in Table 2 
to paragraph (g)(5) of this AD are FHs accumulated by the engine 
since first installation on an airplane or since last overhaul as of 
the effective date of this AD.

(h) Terminating Action

    (1) Replacement of the pistons, piston rings, con-rods assembly, 
and crankcase, or replacement of the engine core, as specified in 
paragraph (g)(4) of this AD, constitutes terminating action for the 
repetitive oil analysis required by paragraph (g)(2) of this AD.
    (2) Replacement of the pistons, piston rings, and con-rods 
assembly, or replacement of the engine core, as specified in 
paragraph (g)(5) of this AD, constitutes terminating

[[Page 45121]]

action for the repetitive oil analysis required by paragraph (g)(2) 
of this AD.

(i) Definitions

    (1) For the purpose of this AD, Group 1 engines are engines 
having a serial number (S/N) listed in Table 1 of MSB-E4-039/1.
    (2) For the purpose of this AD, Group 2 engines are engines 
having an S/N listed in Table 2 of MSB-E4-039/1.
    (3) For the purpose of this AD, Group 3 engines are engines 
having an S/N listed in Table 3 of MSB-E4-039/1.
    (4) For the purpose of this AD, Group 4 engines are engines 
having an S/N listed in Table 4 of MSB-E4-039/1.

(j) Credit for Previous Actions

    You may take credit for the actions required by paragraph 
(g)(1), (4), or (5) of this AD, if you performed those actions 
before the effective date of this AD using Austro Engine Mandatory 
Service Bulletin MSB-E4-039/0, dated October 24, 2022.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation 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)(2) of this AD 
and email 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) Additional Information

    (1) Refer to European Union Aviation Safety Agency (EASA) AD 
2022-0240R1, dated December 15, 2022, for related information. This 
EASA AD may be found in the AD docket at regulations.gov under 
Docket No. FAA-2023-1412.
    (2) For more information about this AD, contact Barbara 
Caufield, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 
410, Westbury, NY 11590; phone: (781) 238-7146; 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) Austro Engine GMBH Mandatory Service Bulletin MSB-E4-039/1, 
Revision 1, dated April 24, 2023.
    (ii) [Reserved]
    (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; website: 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 (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 July 7, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-14751 Filed 7-13-23; 8:45 am]
BILLING CODE 4910-13-P