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[Federal Register: June 8, 2010 (Volume 75, Number 109)]
[Proposed Rules]               
[Page 32315-32317]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jn10-30]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0329; Directorate Identifier 2010-CE-016-AD]
RIN 2120-AA64

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

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed AD results from mandatory 
continuing airworthiness information (MCAI) originated by an aviation 
authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as:

    Due to high fuel pressure, caused by exceeding pressure in front 
of the mechanical fuel pump (e.g. due to an electrical fuel pump), 
in limited cases a deviation in the fuel supply could occur. This 
can result in exceeding of the fuel pressure and might cause engine 
malfunction and/or massive fuel leakage.

    We are proposing this AD to prevent the pump from causing excessive 
fuel pressure, which could result in engine malfunction or a massive 
fuel leak. These conditions could cause loss of control of the airplane 
or a fire.

DATES: We must receive comments on this proposed AD by July 23, 2010.

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.

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 proposed 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: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2010-0329; 
Directorate Identifier 2010-CE-016-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed 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 proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
AD No.: 2007-0060R1-E, dated April 20, 2007 (referred to after this as 
``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    Due to high fuel pressure, caused by exceeding pressure in front 
of the mechanical fuel pump (e.g. due to an electrical fuel pump), 
in limited cases a deviation in the fuel supply could occur. This 
can result in exceeding of the fuel pressure and might cause engine 
malfunction and/or massive fuel leakage.
    Non-compliance with these instructions could result in engine 
damages, personal injuries or death.

    The MCAI requires replacing the affected fuel pumps with a 
different part number fuel pump.
    The MCAI applies to all versions of Bombardier-Rotax GmbH 912 A, 
912 F, and 912 S series engines. Versions of the 912 F series and 912 S 
series engines are type certificated in the United States. However, the 
Model 912 A series engine installed in various aircraft does not have 
an engine type certificate; instead, the engine is part of the aircraft 
type design. You may obtain further information by examining the MCAI 
in the AD docket.

Relevant Service Information

    Rotax Aircraft Engines has issued Service Bulletin SB-912-053, 
dated April 13, 2007. 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 Proposed 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 proposing this AD because 
we evaluated all information and determined the unsafe condition exists 
and is likely to exist or develop on other products of the same type 
design.

Differences Between This Proposed 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 also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a Note within the proposed AD.

Costs of Compliance

    We estimate that this proposed AD will affect 60 products of U.S. 
registry. We also estimate that it would take about .5 work-hour per 
product to

[[Page 32316]]

comply with the basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Required parts would cost about $650 
per product.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $41,550, or $692.50 per product.

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 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. Is not a ``significant rule'' under the 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 proposed 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.

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

    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]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Various Aircraft: Docket No. FAA-2010-0329; Directorate Identifier 
2010-CE-016-AD.

Comments Due Date

    (a) We must receive comments by July 23, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all serial numbers of the following 
aircraft, equipped with a Rotax Aircraft Engines 912 A series engine 
with fuel pumps, part numbers (P/Ns) 892230, 892232, 892540 
(standard version) or P/Ns 892235, 892236, 892545 (version including 
flexible fuel line) installed, and certificated in any category:

------------------------------------------------------------------------
    Type certificate holder         Aircraft model        Engine model
------------------------------------------------------------------------
Aeromot-Industria Mecanico      AMT-200...............  912 A2.
 Metalurgica ltda.
Diamond Aircraft Industries...  HK 36 R ``SUPER         912 A.
                                 DIMONA''.
Diamond Aircraft Industries     HK 36 TS..............  912 A3
 GmbH.                          HK 36 TC..............  912 A3.
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 or 912
                                                         A3.
------------------------------------------------------------------------

Subject

    (d) Air Transport Association of America (ATA) Code 73: Engine 
Fuel and Control.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    Due to high fuel pressure, caused by exceeding pressure in front 
of the mechanical fuel pump (e.g. due to an electrical fuel pump), 
in limited cases a deviation in the fuel supply could occur. This 
can result in exceeding of the fuel pressure and might cause engine 
malfunction and/or massive fuel leakage.
    Non-compliance with these instructions could result in engine 
damages, personal injuries or death.
    We are issuing this AD to prevent the pump from causing 
excessive fuel pressure, which could result in engine malfunction or 
a massive fuel leak. These conditions could cause loss of control of 
the airplane or a fire. The MCAI requires replacing the affected 
fuel pumps with a different part number fuel pump.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Within the next 25 hours time-in-service after the effective 
date of this AD, replace fuel pump P/N 892230, 892232, 892540, 
892235, 892236, or 892545 with an FAA-approved fuel pump that does 
not have one of the P/Ns referenced above following Rotax Aircraft 
Engines Service Bulletin SB-912-053, dated April 13, 2007.
    (2) As of the effective date of this AD do not install fuel pump 
P/N 892230, 892232, 892540, 892235, 892236, or 892545, on any 
airplane.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: The MCAI requires replacing an affected fuel pump with 
fuel pump P/N 892542 or 892546. This AD requires replacement of an 
affected fuel pump with an FAA-approved fuel pump that does not have 
one of the P/Ns referenced in paragraph (f)(1) of this AD.

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; e-
mail: sarjapur.nagarajan@faa.gov. Before using any approved AMOC on 
any airplane to which the AMOC applies, notify your appropriate

[[Page 32317]]

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, under the provisions of the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI EASA AD No.: 2007-0060R1-E, dated April 20, 
2007; and Rotax Aircraft Engines Service Bulletin SB-912-053, dated 
April 13, 2007, for related information. Contact BRP-Powertrain GMBH 
& Co KG, Welser Strasse 32, A-4623 Gunskirchen, Austria; phone: 
(+43) (0) 7246 601-0; fax: (+43) (0) 7246 6370; Internet: http://www.rotax.com, for a copy of this service information.

    Issued in Kansas City, Missouri, on May 26, 2010.
Steven W. Thompson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-13170 Filed 6-7-10; 8:45 am]
BILLING CODE 4910-13-P
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