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[Federal Register Volume 76, Number 131 (Friday, July 8, 2011)]
[Rules and Regulations]
[Pages 40219-40222]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17144]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0714; Directorate Identifier 2011-CE-024-AD; 
Amendment 39-16744; AD 2011-14-09]
RIN 2120-AA64

Airworthiness Directives; Various Aircraft Equipped With Rotax 
Aircraft Engines 912 A Series Engine

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above that will supersede an existing AD. This AD 
results from mandatory continuing airworthiness information (MCAI) 
issued by the aviation authority of another country to identify and 
correct an unsafe condition on an aviation product. The MCAI describes 
the unsafe condition as:

    During a production process review, a deviation in hardening of 
certain Part Number (P/N) 944072 washers has been detected, which 
exceeds the hardness of the design specification.
    The affected washers are part of the magneto ring flywheel hub 
installation and have been installed on a limited number of engines. 
No defective washers have been shipped as spare parts.
    This condition, if not corrected, could lead to cracks in the 
washer, loosening of the magneto flywheel hub and consequent 
ignition failure, possibly resulting in damage to the engine, in-
flight engine shutdown and forced landing, damage to the aeroplane 
and injury to occupants.

This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective July 25, 2011.
    As of June 16, 2011 (76 FR 31465, June 1, 2011), the Director of 
the Federal Register approved the incorporation by reference of Rotax 
Aircraft Engines Mandatory Service Bulletin SB-912-058 SB-914-041, 
dated April 15, 2011, listed in this AD.
    We must receive comments on this AD by August 22, 2011.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact BRP-Rotax 
GmbH & Co. KG, Welser Strasse 32, A-4623 Gunskirchen, Austria; phone: 
+43 7246 601 0; fax: +43 7246 601 9130; Internet: http://www.rotax-aircraft-engines.com. You may review copies of the referenced service 
information at the FAA, Small Airplane Directorate, 901 Locust, Kansas 
City, Missouri 64106. For information on the availability of this 
material at the FAA, call (816) 329-4148.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Office (telephone (800) 647-5527) is in the ADDRESSES 
section. Comments will be available in the AD docket shortly after 
receipt.

FOR FURTHER INFORMATION CONTACT: Sarjapur Nagarajan, Aerospace 
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas 
City, Missouri 64106; telephone: (816) 329-4145; fax: (816) 329-4090; 
e-mail: sarjapur.nagarajan@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

    On May 10, 2011, we issued AD 2011-11-03, Amendment 39-16702 (76 FR 
31465, June 1, 2011). That AD required actions intended to address an 
unsafe condition on the products listed above.
    Since we issued AD 2011-11-03, we determined that we inadvertently 
omitted certain airplanes equipped with Rotax 912 A series engines from 
the Applicability section. We have also determined that we included 
certain airplanes in the Applicability section that are not equipped 
with Rotax 912 A series engines.

Relevant Service Information

    Rotax Aircraft Engines has issued Mandatory Service Bulletin SB-
912-058 and SB-914-041 (same document),

[[Page 40220]]

dated April 15, 2011. The actions described in this service information 
are intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of the AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with this State of Design Authority, they 
have notified us of the unsafe condition described in the MCAI and 
service information referenced above. We are issuing this AD because we 
evaluated all information provided by the State of Design Authority and 
determined the unsafe condition exists and is likely to exist or 
develop on other products of the same type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might have also required different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
described in a separate paragraph of the AD. These requirements take 
precedence over those copied from the MCAI.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because 
cracks in the washer of the magneto ring flywheel hub could cause 
loosening of the magneto flywheel hub. This failure could result in 
ignition failure and/or damage to the engine, causing in-flight engine 
shutdown leading to a forced landing. A forced landing could result in 
damage to the airplane and injury to the occupants. Therefore, we 
determined that notice and opportunity for public comment before 
issuing this AD are impracticable and that good cause exists for making 
this amendment effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2011-0714; Directorate 
Identifier 2011-CE-024-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

Costs of Compliance

    We estimate that this AD will affect 112 products of U.S. registry. 
We also estimate that it would take about 24 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Required parts would cost about $20 per product.
    Based on these figures, we estimate the cost of the AD on U.S. 
operators to be $230,720, or $2,060 per product.
    According to the manufacturer, some of the costs of this AD may be 
covered under warranty, thereby reducing the cost impact on affected 
individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.

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.
    We are 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

    We determined that 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;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of 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 removing Amendment 39-16702 (76 FR 
31465, June 1, 2011), and adding the following new AD:

2011-14-09 Various Aircraft: Amendment 39-16744; Docket No. FAA-
2011-0714; Directorate Identifier 2011-CE-024-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective July 25, 
2011.

Affected ADs

    (b) This AD supersedes AD 2011-11-03; Amendment 39-16702.

Applicability

    (c) This AD applies to all serial numbers of the following 
aircraft, equipped with a Rotax Aircraft Engines 912 A series 
engine,

[[Page 40221]]

serial number 4,410.888 through 4,410.899, installed and 
certificated in any category:

                            Group 1 Airplanes
            [airplanes previously affected by AD 2011-11-03]
------------------------------------------------------------------------
    Type certificate holder       Aircraft model        Engine model
------------------------------------------------------------------------
Aeromot-Ind[uacute]stria        AMT-200..........  912 A2.
 Mec[acirc]nico-
 Metal[uacute]rgica Ltda.
Diamond Aircraft Industries...  HK 36 R ``SUPER    912 A.
                                 DIMONA''.
Diamond Aircraft Industries     DA20-A1..........  912 A3.
 Inc..
HOAC-Austria..................  DV 20 KATANA.....  912 A3.
Iniziative Industriali          Sky Arrow 650 TC.  912 A2.
 Italiane S.p.A..
SCHEIBE-Flugzeugbau GmbH......  SF 25C...........  912 A2.
------------------------------------------------------------------------

                            Group 2 Airplanes
          [airplanes not previously affected by AD 2011-11-03]
------------------------------------------------------------------------
    Type certificate holder       Aircraft model        Engine model
------------------------------------------------------------------------
DIAMOND AIRCRAFT INDUSTRIES     HK 36 TS and HK    912 A3.
 GmbH.                           36 TC.
------------------------------------------------------------------------

Subject

    (d) Air Transport Association of America (ATA) Code 74: 
Ignition.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    During a production process review, a deviation in hardening of 
certain Part Number (P/N) 944072 washers has been detected, which 
exceeds the hardness of the design specification.
    The affected washers are part of the magneto ring flywheel hub 
installation and have been installed on a limited number of engines. 
No defective washers have been shipped as spare parts.
    This condition, if not corrected, could lead to cracks in the 
washer, loosening of the magneto flywheel hub and consequent 
ignition failure, possibly resulting in damage to the engine, in-
flight engine shutdown and forced landing, damage to the aeroplane 
and injury to occupants.
    For the reasons described above, this AD requires, for the 
affected engines, the replacement of the P/N 944072 washer and 
associated gasket ring P/N 950141 with serviceable parts, having the 
same P/N.
    This AD also prohibits installation of an affected engine on an 
aeroplane, unless the washer on that engine has been replaced as 
required by this AD.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Replace washer, part number (P/N) 944072, and associated 
gasket ring, P/N 950141, on the magneto ring flywheel hub with FAA-
approved serviceable parts with the same P/Ns. Do the replacements 
following the Accomplishment Instructions in Rotax Aircraft Engines 
Mandatory Service Bulletin SB-912-058 and SB-914-041 (same 
document), dated April 15, 2011.
    (i) For Group 1 airplanes (airplanes previously affected by AD 
2011-11-03): Within the next 10 hours time-in-service (TIS) after 
June 16, 2011 (the effective date retained from AD 2011-11-03) or 
within 4 months after June 16, 2011 (the effective date retained 
from AD 2011-11-03), whichever occurs first.
    (ii) For Group 2 airplanes (airplanes not previously affected by 
AD 2011-11-03): Within the next 10 hours TIS after July 25, 2011 
(the effective date of this AD) or within 4 months after July 25, 
2011 (the effective date of this AD), whichever occurs first.
    (2) Do not install a Rotax Aircraft Engines 912 A series engine 
listed in paragraph (c) of this AD unless the washer, P/N 944072, 
and the gasket ring, P/N 950141, have been replaced as required in 
paragraph (f)(1) of this AD.
    (i) For Group 1 airplanes (airplanes previously affected by AD 
2011-11-03): As of June 16, 2011 (the effective date retained from 
AD 2011-11-03).
    (ii) For Group 2 airplanes (airplanes not previously affected by 
AD 2011-11-03): As of July 25, 2011 (the effective date of this AD).

FAA AD Differences

    Note:  This AD differs from the MCAI and/or service information 
as follows: EASA AD 2011-0067-E, dated April 15, 2011, requires 
returning the removed P/N 944072 to Rotax Aircraft Engines. We are 
not requiring this because FAA regulation, specifically 14 CFR 
43.10, already requires disposition of unairworthy parts.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Office, FAA, has the authority to approve AMOCs for this 
AD, if requested using the procedures found in 14 CFR 39.19. Send 
information to Attn: Sarjapur Nagarajan, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4145; fax: (816) 329-4090. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, a federal agency may not conduct or sponsor, and a person 
is not required to respond to, nor shall a person be subject to a 
penalty for failure to comply with a collection of information 
subject to the requirements of the Paperwork Reduction Act unless 
that collection of information displays a current valid OMB Control 
Number. The OMB Control Number for this information collection is 
2120-0056. Public reporting for this collection of information is 
estimated to be approximately 5 minutes per response, including the 
time for reviewing instructions, completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Comments concerning the accuracy of this 
burden and suggestions for reducing the burden should be directed to 
the FAA at: 800 Independence Ave., SW., Washington, DC 20591, Attn: 
Information Collection Clearance Officer, AES-200.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency (EASA) AD No. 
2011-0067-E, dated April 15, 2011, and Rotax Aircraft Engines 
Mandatory Service Bulletin SB-912-058 and SB-914-041 (same 
document), dated April 15, 2011, for related information.

Material Incorporated by Reference

    (i) You must use Rotax Aircraft Engines Mandatory Service 
Bulletin SB-912-058 SB-914-041, dated April 15, 2011, to do the 
actions required by this AD, unless the AD specifies otherwise.
    (1) On June 16, 2011 (76 FR 31465, June 1, 2011), the Director 
of the Federal Register previously approved the incorporation by

[[Page 40222]]

reference of Rotax Aircraft Engines Mandatory Service Bulletin SB-
912-058 SB-914-041, dated April 15, 2011.
    (2) For service information identified in this AD, contact BRP-
Rotax GmbH & Co. KG, Welser Strasse 32, A-4623 Gunskirchen, Austria; 
phone: +43 7246 601 0; fax: +43 7246 601 9130; Internet: http://www.rotax-aircraft-engines.com.
    (3) You may review copies of the referenced service information 
at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, 
Missouri 64106. For information on the availability of this material 
at the FAA, call (816) 329-4148.
    (4) You may also review copies of the service information 
incorporated by reference for this AD at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Kansas City, Missouri, on July 1, 2011.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2011-17144 Filed 7-7-11; 8:45 am]
BILLING CODE 4910-13-P
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