[Federal Register Volume 89, Number 44 (Tuesday, March 5, 2024)]
[Rules and Regulations]
[Pages 15725-15728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04579]



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 Rules and Regulations
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  Federal Register / Vol. 89, No. 44 / Tuesday, March 5, 2024 / Rules 
and Regulations  

[[Page 15725]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-0456; Project Identifier MCAI-2024-00084-E; 
Amendment 39-22691; AD 2024-05-01]
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 Model E4 and E4P engines. This AD was 
prompted by reports of engine failures and the determination that 
certain batches of cap screws, installed on the inner main bearing 
positions of the engine, were manufactured at the lower end of the 
material strength tolerance. This AD requires replacing certain cap 
screws with a part eligible for installation and prohibits installing 
certain cap screws on any inner main bearing position of any engine. 
This AD also prohibits installing certain engine cores on any engine 
unless certain requirements are met. The FAA is issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective March 11, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of March 11, 
2024.
    The FAA must receive comments on this AD by April 19, 2024.

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-2024-0456; 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 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. It is 
also available at regulations.gov under Docket No. FAA-2024-0456.

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-2024-0456; Project Identifier MCAI-
2024-00084-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 AD 2024-0037R1, dated February 6, 2024 (EASA AD 2024-0037R1) (also 
referred to as the MCAI), to address an unsafe condition on Austro 
Engine GmbH Model E4 and E4P engines. The MCAI states that there were 
reports of engine failures, and subsequent investigation identified a 
cap screw installed on an inner main bearing that had failed, which 
caused the engine failure. Further investigation determined that 
certain batches of cap screws meeting the lower end of their design 
specification could fail when installed on the inner main bearing and 
the engine is operated in specific operating conditions. To

[[Page 15726]]

address this unsafe condition, the manufacturer published a service 
bulletin to provide instructions for replacement of these affected 
parts. EASA then issued EASA Emergency AD 2024-0037-E, dated February 
2, 2024 (EASA Emergency AD 2024-0037-E), which specified replacing the 
cap screws installed on the inner main bearing positions with 
serviceable parts and additional requirements for installation of 
certain parts and engines.
    Additionally, the manufacturer has determined that certain batches 
of cap screws, installed on the inner main bearing positions of the 
engine, were produced at the lower end of the material strength 
tolerance for Class 8.8 screws. Depending on the magnitude of the cap 
screw's strength properties, the potential for failure, leading to 
engine failure, exists in cases where abnormal operating conditions are 
experienced such as fuel quality issues or significant deviations from 
the fuel system requirements.
    Since EASA Emergency AD 2024-0037-E was issued, due to requests for 
clarification, the compliance time for certain engines has been 
modified. As a result, EASA revised EASA Emergency AD 2024-0037-E and 
issued EASA AD 2024-0037R1 to include the updated compliance times and 
additionally to include ferry flight criteria for certain affected 
engines. The unsafe condition, if not addressed, could result in engine 
failure, reduced control of the airplane, and for single engine 
airplanes, an emergency landing, possibly resulting in damage to the 
airplane and injury to occupants.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2024-0456.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed the following service information:
     Austro Engine GmbH Mandatory No. Service Bulletin MSB-E4-
042, Revision 0, dated January 31, 2024, which details certain engines 
and engine cores with affected cap screws installed on the inner main 
bearing positions of the engine.
     Austro Engine GmbH Work Instruction WI-MSB-E4-042, 
Revision 0, dated February 2, 2024, which specifies instructions for 
replacing the affected cap screws installed on the inner main bearing 
positions of the engine.
    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 replacing certain cap screws, installed on the 
inner main bearing positions of the engine, with a part eligible for 
installation. This AD also prohibits installing certain cap screws on 
any inner main bearing position of any engine. This AD also prohibits 
installing certain engine cores on any engine unless certain 
requirements are met.

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 cap screws installed on the inner main bearing positions of 
the engine are critical components for engine operation. The inadequate 
strength properties and subsequent failure of the cap screws could lead 
to engine failure during flight. The FAA also has received no 
information indicating how quickly the condition may propagate to 
failure, therefore these affected parts must be replaced before further 
flight on certain engines. Consequently, the required replacement of 
cap screws before those engines is 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 357 engines 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 6 cap screws installed on the   8 work-hours x $85 per            $1,000          $1,680        $599,760
 inner main bearing positions.           hour = $680.
----------------------------------------------------------------------------------------------------------------

    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.

[[Page 15727]]

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:

2024-05-01 Austro Engine GmbH: Amendment 39-22691; Docket No. FAA-
2024-0456; Project Identifier MCAI-2024-00084-E.

(a) Effective Date

    This airworthiness directive (AD) is effective March 11, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Austro Engine GmbH Model E4 and E4P engines 
with one of the following:
    (1) An engine serial number or engine core serial number 
specified in Table 1 of Austro Engine GMBH Mandatory Service 
Bulletin No. MSB-E4-042, Revision 0, dated January 31, 2024 (MSB-E4-
042), or;
    (2) An engine serial number or engine core serial number 
specified in Table 2 of MSB-E4-042.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports of engine failures and the 
determination that certain batches of cap screws, installed on the 
inner main bearing positions of the engine, were manufactured at the 
lower end of the material strength tolerance. The FAA is issuing 
this AD to prevent piston failure. The unsafe condition, if not 
addressed, could result in engine failure, reduced control of the 
airplane, and for single engine airplanes, an emergency landing, 
possibly resulting in damage to the airplane and injury to 
occupants.

(f) Compliance

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

(g) Required Actions

    (1) For engines or engine cores identified in paragraph (c)(1) 
of this AD, before further flight after the effective date of this 
AD, remove each cap screw, installed on the inner main bearing 
positions of the engine, from service and replace it with a part 
eligible for installation in accordance with paragraph 2.3, ``Main 
Bearing Screws Replacement'' of Austro Engine GmbH Work Instruction 
WI-MSB-E4-042, Revision 0, dated February 2, 2024 (WI-MSB-E4-042).
    (2) For engines or engine cores identified in paragraph (c)(2) 
of this AD, remove each cap screw, installed on the inner main 
bearing positions of the engine, from service and replace it with a 
part eligible for installation in accordance with paragraph 2.3, 
``Main Bearing Screws Replacement'' of WI-MSB-E4-042, at the 
compliance times referenced in paragraph (g)(2)(i) or (ii) of this 
AD, whichever occurs first:
    (i) Within 300 flight hours after first installation on an 
airplane or since last overhaul, as applicable, or before further 
flight after the effective date of this AD, whichever occurs later.
    (ii) At the next scheduled engine maintenance, after the 
effective date of this AD.

(h) Installation Prohibition

    (1) As of the effective date of this AD, do not install an 
engine core, having a serial number specified in Table 1 or Table 2 
of MSB-E4-042, on any engine, unless the cap screws installed on the 
inner main bearing positions of that engine core have been replaced 
with parts eligible for installation in accordance with paragraph 
2., Technical Details of MSB-E4-042.
    (2) As of the effective date of this AD, do not install cap 
screws having part number (P/N) E4A-10-100-201 on the inner main 
bearing positions of any engine.

(i) Definitions

    For the purposes of this AD:
    (1) A part eligible for installation is a cap screw, class 12.9, 
having P/N E4A-10-100-202.
    (2) The inner main bearing positions are engine bearing 
positions 3 through 8 inclusive, as shown in Figure 1, ``Main 
bearing cap screws to be replaced.'' of MSB-E4-042.

(j) Special Flight Permits

    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, provided 
that the flight is accomplished without passengers and does not 
exceed 3 flight hours.

(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) AD 
2024-0037R1, dated February 6, 2024, for related information. This 
EASA AD may be found in the AD docket at regulations.gov under 
Docket No. FAA-2024-0456.
    (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.

[[Page 15728]]

    (i) Austro Engine GMBH Mandatory Service Bulletin No. MSB-E4-
042, Revision 0, dated January 31, 2024.
    (ii) Austro Engine GmbH Work Instruction WI-MSB-E4-042, Revision 
0, dated February 2, 2024.
    (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 at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, visit: www.archives.gov/federal-register/cfr/ibr-locations or email: [email protected].

    Issued on February 27, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-04579 Filed 2-29-24; 11:15 am]
BILLING CODE 4910-13-P