[Federal Register Volume 89, Number 185 (Tuesday, September 24, 2024)]
[Rules and Regulations]
[Pages 77772-77775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21804]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-2313; Project Identifier MCAI-2024-00493-E; 
Amendment 39-22852; AD 2024-19-10]
RIN 2120-AA64


Airworthiness Directives; Austro Engine GmbH Engines

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 Austro Engine GmbH (Austro) Model E4 and E4P engines. This AD 
was prompted by reports of engine failures and an investigation where 
cracks were discovered on the pistons. This AD requires repetitive 
borescope inspections (BSIs) for cracks on the pistons, and, if 
necessary, removal from service and replacement of the piston, and a 
fuel sample analysis for water contamination and, if contamination is 
found, replacement of the high-pressure pump (HPP), injectors, and fuel 
rails. The FAA is issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective October 9, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 9, 
2024.
    The FAA must receive comments on this AD by November 8, 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.

[[Page 77773]]

    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2024-2313; 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 Austro material identified in this AD, contact Austro, 
Rudolf-Diesel-Strasse 11, A-2700 Weiner Neustadt, Austria; phone: +43 
2622 23000; website: austroengine.at.
     You may view this material 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-2024-2313.

FOR FURTHER INFORMATION CONTACT: Morton Lee, Aviation Safety Engineer, 
FAA, 1200 District Avenue, Burlington, MA 01803; phone: (860) 386-1791; 
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-2024-2313; Project Identifier MCAI-
2024-00493-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 Morton 
Lee, Aviation Safety Engineer, 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 Emergency AD 2024-0172-E, dated August 28, 2024 (EASA AD 2024-
0172-E) (also referred to as the MCAI), to correct an unsafe condition 
on certain Austro Model E4 and E4P engines having a piston part number 
(P/N) E4A-72-400-000. The MCAI states that engine failures have been 
reported, where, during subsequent inspection, cracks on the piston 
were identified. During the following investigation, it was determined 
that only affected parts (pistons P/N E4A-72-400-000) are subject to 
that failure. Further investigation is on-going to determine the root 
cause of that failure. This condition, if not corrected, could lead to 
engine failure with consequent reduced control of the airplane and, for 
single-engine airplanes, damage to the airplane and injury to occupants 
during an emergency landing.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2024-2313.

Material Incorporated by Reference Under 1 CFR Part 51

    The FAA reviewed Austro Mandatory Service Bulletin No. MSB-E4-043/
0, dated August 27, 2024, which specifies, among other things, 
procedures for repetitive BSIs for cracks on the pistons.
    This material is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in the ADDRESSES section.

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 material 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 repetitive BSIs for cracks on the pistons and, if 
necessary, removal from service and replacement of the piston, and a 
fuel sample analysis for water contamination and, if contamination is 
found, replacement of the HPP, injectors, and fuel rails.

Interim Action

    The FAA considers that this AD is an interim action. The unsafe 
condition is still under investigation by the manufacturer and, 
depending on the results of that investigation, the FAA may consider 
further rulemaking action.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(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 cracks on the pistons, if not corrected, could lead to engine 
failure with consequent reduced control of the airplane and, for 
single-engine airplanes, damage to the airplane and injury to occupants 
during an emergency landing. The FAA has determined that these engines 
will need to be inspected before 100 or 200 flight hours after 
installation depending on the engine model. Based on the fleet usage of 
these engines, many of these engines will need an inspection before 
further flight and most within 3 months. These compliance times are 
shorter than the time necessary for the public to comment and for 
publication of the final

[[Page 77774]]

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).
    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 20 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
----------------------------------------------------------------------------------------------------------------
Perform BSI of the piston.............  5 work-hours x $85 per                $0            $425          $8,500
                                         hour = $425.
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    The FAA estimates the following costs to do any necessary 
replacements and follow-on inspections that would be required based on 
the results of the inspection. The agency has no way of determining the 
number of engines that might need these replacements and follow-on 
inspections.

                                               On-Condition Costs
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                   Action                              Labor cost               Parts cost      Cost per product
----------------------------------------------------------------------------------------------------------------
Replace the piston.........................  60 work-hours x $85 per hour              $2,216             $7,316
                                              = $5,100.
Perform fuel sample analysis...............  1 work-hours x $85 per hour =                  0                 85
                                              $85.
Replace the injectors, HPP, and fuel rails.  60 work-hours x $85 per hour               2,216              7,316
                                              = $5,100.
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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:

2024-19-10 Austro Engine GmbH: Amendment 39-22852; Docket No. FAA-
2024-2313; Project Identifier MCAI-2024-00493-E.

(a) Effective Date

    This airworthiness directive (AD) is effective October 9, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Austro Engine GmbH (Austro) Model E4 and E4P 
engines with an installed piston having part number E4A-72-400-000.

(d) Subject

    Joint Aircraft System Component (JASC) Code 8500, Engine 
(Reciprocating).

(e) Unsafe Condition

    This AD was prompted by reports of engine failures and an 
investigation where cracks were discovered on the pistons. The FAA 
is issuing this AD to detect and address cracks on the pistons. The 
unsafe condition, if not addressed, could result in engine failure 
with consequent reduced control of the airplane and, for single-
engine airplanes, damage to the airplane and injury to occupants 
during an emergency landing.

(f) Compliance

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

(g) Required Actions

    (1) At the applicable times specified in paragraphs (g)(1)(i) 
through (iv) of this AD, do repetitive borescope inspections (BSIs) 
of each affected piston for cracks on the piston in accordance with 
paragraph 2.1.2 ``Accomplishment/Instructions'' of Austro Mandatory 
Service Bulletin No. MSB-E4-043/0, dated August 27, 2024.
    (i) For Configuration E4A and E4P engines with less than 100 
flight hours (FHs) since installation as of the effective date of 
this AD: Inspect within 100 FHs since installation and thereafter at 
intervals not to exceed 50 FHs.

[[Page 77775]]

    (ii) For Configuration E4A and E4P engines with 100 FHs or more 
since installation as of the effective date of this AD: Inspect 
before further flight and thereafter at intervals not to exceed 50 
FHs.
    (iii) For Configuration E4B and E4C engines with less than 200 
FHs since installation as of the effective date of this AD: Inspect 
within 200 FHs since installation and thereafter at intervals not to 
exceed 100 FHs.
    (iv) For Configuration E4B and E4C engines with 200 FHs or more 
since installation as of the effective date of this AD: Inspect 
before further flight and thereafter at intervals not to exceed 100 
FHs.
    (2) If during any BSI required by paragraph (g)(1) of this AD, 
any crack is found, before further flight, do the following:
    (i) Remove from service and replace the piston. Replacement of 
the engine core includes piston replacement and would satisfy this 
requirement.
    (ii) Collect a fuel sample from the high-pressure pump (HPP) 
fuel return line and do a fuel analysis for water contamination.
    (iii) If during any fuel analysis required by paragraph 
(g)(2)(ii), any water contamination is found, remove from service 
and replace the HPP, injectors, and fuel rails.

(h) Definitions

    For the purpose of this AD:
    (1) ``Configuration E4A engines'' are Model E4 engines with an 
engine serial number (ESN) that begins with ``E4-A- . . .''
    (2) ``Configuration E4B engines'' are Model E4 engines with an 
ESN that begins with ``E4-B- . . .''
    (3) ``Configuration E4C engines'' are Model E4 engines with an 
ESN that begins with ``E4-C- . . .''
    (4) ``Configuration E4P engines'' are Model E4P engines with an 
ESN that begins with ``E4P-B- . . .'' or ``E4P-C- . . .''

(i) Credit for Previous Actions

    Credit may be taken for BSIs done before the effective date of 
this AD using Austro Engine Authorization Request/Occurrence 
Reporting AR1734, dated August 16, 2024.

(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 under visual flight rule conditions, 
without passengers, and does not exceed 3 FHs.

(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) 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

    For more information about this AD, contact Morton Lee, Aviation 
Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; phone: (860) 386-1791; email: [email protected].

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the material listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this material as applicable to do the actions 
required by this AD, unless the AD specifies otherwise.
    (i) Austro Engine GmbH (Austro) Mandatory Service Bulletin No. 
MSB-E4-043/0, dated August 27, 2024.
    (ii) [Reserved]
    (3) For Austro material identified in this AD, contact Austro, 
Rudolf-Diesel-Strasse 11, A-2700 Weiner Neustadt, Austria; phone: 
+43 2622 23000; website: austroengine.at.
    (4) You may view this material 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 material 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 September 17, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-21804 Filed 9-19-24; 4:15 pm]
BILLING CODE 4910-13-P