[Federal Register Volume 88, Number 170 (Tuesday, September 5, 2023)]
[Rules and Regulations]
[Pages 60570-60573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19162]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1809; Project Identifier MCAI-2023-00945-E; 
Amendment 39-22539; AD 2023-17-13]
RIN 2120-AA64


Airworthiness Directives; BRP-Rotax GmbH & Co KG (Formerly BRP-
POWERTRAIN GMBH & CO KG and Bombardier-Rotax GmbH) Engines and Various 
Aircraft

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 all 
BRP-Rotax GmbH & Co KG (Rotax) Model 912 F2, 912 F3, 912 F4, 912 iSc2 
Sport, 912 iSc3 Sport, 912 S2, 912 S3, 912 S4, 914 F2, 914 F3, and 914 
F4 engines; and Model 912 A, 912 A2, and 912 A3 engines included as 
part of the type certificated aircraft type design for various 
aircraft. This AD was prompted by a report of surface abnormalities on 
the affected propeller shaft, which could lead to increased wear of the 
propeller shaft bearings. This AD requires initial and repetitive 
inspections of the magnetic plug for the accumulation of metal chips to 
assess the condition of the propeller gearbox for wear of the propeller 
shaft bearings and removal of the affected propeller shaft from service 
and replacement with a part eligible for installation as a terminating 
action either immediately or at a certain time depending on inspection 
findings. This AD also prohibits installation of the affected propeller 
shaft on any engine. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective September 20, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of September 20, 
2023.
    The FAA must receive comments on this AD by October 20, 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

[[Page 60571]]

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-2023-1809; 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 Docket Operations is listed above.
    Material Incorporated by Reference:
     For service information identified in this final rule, 
contact BRP-Rotax GmbH & Co KG, Rotaxstrasse 1, A-4623 Gunskirchen, 
Austria; phone: +43 7246 601 0; website: flyrotax.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 regulations.gov under Docket No. FAA-2023-1809.

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 data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2023-1809; Project Identifier MCAI-
2023-00945-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 
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 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 Emergency AD 2023-0156-E, dated August 2, 2023 (referred to after 
this as the MCAI), to address an unsafe condition on Rotax 912 A, 912 
F, 912 S and 912 iSc Sport (series) engines, all models, all serial 
numbers; and Rotax 914 F (series) engines, all models, all serial 
numbers. The MCAI states that the manufacturer reported an occurrence 
of surface abnormalities on certain propeller shafts. Further 
investigation by the manufacturer revealed that this abnormality was 
caused by a deviation in the machining process. The manufacturer 
determined on which engines the affected propeller shafts were 
initially installed and that several of the affected propeller shafts 
were delivered as spare parts. The manufacturer published service 
information that identifies the affected propeller shafts and specifies 
instructions for inspection and replacement of the propeller shaft. 
This condition, if not addressed, could lead to increased wear of the 
propeller shaft bearings, which could lead to failure of the propeller 
shaft bearings, propeller shaft, and engine. This could result in 
engine in-flight shutdown, and (for a single-engine airplane) 
consequent emergency landing or loss of control of the airplane.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1809.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Rotax Service Bulletin (SB) SB-912-078/SB-914-059/
SB-912 i-014, dated July 25, 2023 (published as a single document). 
This service information identifies the serial numbers of the affected 
engines and spare parts and specifies procedures for inspecting the 
magnetic plug and replacing the propeller shaft with a part eligible 
for installation.
    The FAA also reviewed Rotax SB SB-912-078UL/SB-914-059UL/SB-912 i-
014iS, dated July 25, 2023 (published as a single document). This 
service information identifies the serial numbers of the affected 
engines and spare parts.
    These documents are distinct since they apply to different engine 
models. 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 referenced 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 initial and repetitive inspections of the magnetic 
plug for the accumulation of metal chips to assess the condition of the 
propeller gearbox for wear of the propeller shaft bearings and removal 
of the affected propeller shaft from service and replacing it with a 
part eligible for installation as a terminating action either 
immediately or at a certain time depending on inspection findings. This 
AD also prohibits the installation of the affected propeller shaft on 
any engine.

Differences Between This AD and the MCAI

    The MCAI applies to all Rotax 912 A, 912 F, 912 S and 912 iSc Sport 
(series) engines, all models, all serial numbers; and Rotax 914 F 
(series) engines, all models, all serial numbers. Rotax Model

[[Page 60572]]

912 A, 912 A2, and 912 A3 engines are not type certificated in the 
United States but are part of the type design for certain aircraft. 
This AD applies to all Rotax Model 912 F2, 912 F3, 912 F4, 912 iSc2 
Sport, 912 iSc3 Sport, 912 S2, 912 S3, 912 S4, 914 F2, 914 F3, and 914 
F4 engines; and Model 912 A, 912 A2, and 912 A3 engines included as 
part of the type design for Aeromot-Ind[uacute]stria Mec[acirc]nico-
Metal[uacute]rgica Ltda Model AMT-200 (Super Ximango); Diamond Aircraft 
Industries Model HK 36 R ``SUPER DIMONA''; Diamond Aircraft Industries 
GmbH Models HK 36 TC and HK 36 TS; Diamond Aircraft Industries Inc. 
Model DA20-A1; HOAC-Austria Model DV 20 KATANA; Magnaghi Aeronautica 
S.p.A Model Sky Arrow 650 TC; and SCHEIBE-Flugzeugbau GmbH Model SF 25C 
aircraft, as applicable.

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 forgoing notice and comment prior to adoption of this rule 
because the presence of material anomalies on the propeller shaft could 
lead to wear of the propeller shaft bearings, which could lead to 
failure of the propeller shaft bearings, propeller shaft, and engine, 
which could result in engine in-flight shutdown, and (for a single-
engine airplane) consequent emergency landing or loss of control of the 
airplane. Since this condition happens rapidly and without warning, the 
initial inspection must be done before further flight with repetitive 
inspections done every 10 flight hours (FHs) with terminating 
replacement before further flight if wear of the propeller shaft 
bearings is found or 50 FHs if no wear is found. These compliance times 
are shorter than the time necessary for the public to comment and for 
publication of the 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 forgo 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 287 engines installed on 
aircraft of U.S. registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
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                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
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Inspection............................  1 work-hour x $85 per                 $0             $85         $24,395
                                         hour = $85.
Replace propeller shaft...............  3 work-hours x $85 per             1,437           1,692         485,604
                                         hour = $255.
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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 
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:

2023-17-13 BRP-Rotax GmbH & Co KG (formerly BRP-POWERTRAIN GMBH & CO 
KG and Bombardier-Rotax GmbH) and Various Aircraft: Amendment 39-
22539; Docket No. FAA-2023-1809; Project Identifier MCAI-2023-00945-
E.

(a) Effective Date

    This airworthiness directive (AD) is effective September 20, 
2023.

(b) Affected ADs

    None.

[[Page 60573]]

(c) Applicability

    This AD applies to BRP-Rotax GmbH & Co KG (formerly BRP-
POWERTRAIN GMBH & CO KG and Bombardier-Rotax GmbH) (Rotax) Model 912 
F2, 912 F3, 912 F4, 912 iSc2 Sport, 912 iSc3 Sport, 912 S2, 912 S3, 
912 S4, 914 F2, 914 F3, and 914 F4 engines; and Model 912 A, 912 A2, 
and 912 A3 engines installed on the aircraft identified in Table 1 
to paragraph (c) of this AD that were included as part of the 
aircraft's type certification basis; with a propeller shaft having 
part number (P/N) 937047 and meeting at least one of the criteria of 
paragraphs (c)(1) or (2) of this AD.

                            Table 1 to Paragraph (c)--Airplanes With Affected Engines
----------------------------------------------------------------------------------------------------------------
         Type certificate holder                   Aircraft model                       Engine model
----------------------------------------------------------------------------------------------------------------
Aeromot-Industria Mecanico-Metalurgica    AMT-200 (Super Ximango).........  912 A2.
 Ltda.
Diamond Aircraft Industries.............  HK 36 R ``SUPER DIMONA''........  912 A.
Diamond Aircraft Industries GmbH........  HK 36 TC & HK 36 TS.............  912 A3.
Diamond Aircraft Industries Inc.........  DA20-A1.........................  912 A3.
HOAC-Austria............................  DV 20 KATANA....................  912 A3.
Magnaghi Aeronautica S.p.A..............  Sky Arrow 650 TC................  912 A2.
SCHEIBE-AIRCRAFT-GMBH...................  SF 25C..........................  912 A2 or 912 A3.
----------------------------------------------------------------------------------------------------------------

    (1) Installed initially (on delivery) on engines having a serial 
number identified in paragraph 1.1) Applicability, Criterion A) 
Engine Serial number, of Rotax Service Bulletin (SB) SB-912-078/SB-
914-059/SB-912 i-014, dated July 25, 2023 (published as a single 
document) (Rotax SB SB-912-078/SB-914-059/SB-912 i-014); or 
paragraph 1.1) Applicability, Criterion A) Engine Serial number, of 
Rotax SB SB-912-078UL/SB-914-059UL/SB-912 i-014iS, dated July 25, 
2023 (published as a single document) (SB-912-078UL/SB-914-059UL/SB-
912 i-014iS); or
    (2) Delivered as a spare part and having a serial number 
identified in paragraph 1.1) Applicability, Criterion B) Spare 
parts, of Rotax SB SB-912-078/SB-914-059/SB-912 i-014; or paragraph 
1.1) Applicability, Criterion B) Spare parts, of Rotax SB SB-912-
078UL/SB-914-059UL/SB-912 i-014iS.

(d) Subject

    Joint Aircraft System Component (JASC) Code 8510, Reciprocating 
Engine Front Section.

(e) Unsafe Condition

    This AD was prompted by a report of surface abnormalities on the 
affected propeller shaft, which could lead to increased wear of the 
propeller shaft bearings. The FAA is issuing this AD to prevent 
failure of the propeller shaft bearings. The unsafe condition, if 
not addressed, could result in failure of the propeller shaft, 
failure of the engine, engine in-flight shutdown, and (for a single-
engine airplane) consequent emergency landing of the airplane or 
loss of control of the airplane.

(f) Compliance

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

(g) Required Actions

    (1) Before further flight after the effective date of this AD 
and thereafter at intervals not to exceed 10 flight hours (FHs), 
inspect the magnetic plug on the crankcase for the accumulation of 
metal chips. If the accumulation of metal chips is 3mm or greater, 
before further flight, remove the affected propeller shaft from 
service and replace with a part eligible for installation.
    (2) Before exceeding 50 FHs since engine first operation or 
since first installation of the affected propeller shaft on an 
engine, as applicable; or within 10 days after the effective date of 
this AD, whichever occurs later; remove the affected propeller shaft 
from service and replace with a part eligible for installation.
    (3) Replacement of the affected propeller shaft with a part 
eligible for installation constitutes terminating action for any 
inspection required by paragraph (g)(1) of this AD.

(h) Installation Prohibition

    After the effective date of this AD, do not install a propeller 
shaft having P/N 937047 on any engine.

(i) No Return of Parts

    Where Rotax SB SB-912-078/SB-914-059/SB-912 i-014 specifies 
returning certain parts to the manufacturer, this AD does not 
include that requirement.

(j) Definition

    For the purpose of this AD, a ``part eligible for installation'' 
is any propeller shaft that does not have P/N 937047.

(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 International Validation Branch, 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) 
Emergency AD 2023-0156-E, dated August 2, 2023, for related 
information. This EASA Emergency AD may be found in the AD docket at 
regulations.gov under Docket No. FAA-2023-1809.
    (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) BRP-Rotax GmbH & Co KG Service Bulletin SB-912-078/SB-914-
059/SB-912 i-014, dated July 25, 2023 (published as a single 
document).
    (ii) BRP-Rotax GmbH & Co KG Service Bulletin SB-912-078UL/SB-
914-059UL/SB-912 i-014iS, dated July 25, 2023 (published as a single 
document).
    (3) For service information identified in this AD, contact BRP-
Rotax GmbH & Co KG, Rotaxstrasse 1, A-4623 Gunskirchen, Austria; 
phone: +43 7246 601 0; website: flyrotax.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 25, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-19162 Filed 8-31-23; 4:15 pm]
BILLING CODE 4910-13-P