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[Federal Register Volume 75, Number 214 (Friday, November 5, 2010)]
[Rules and Regulations]
[Pages 68179-68181]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-27609]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1055; Directorate Identifier 2010-NE-35-AD; 
Amendment 39-16498; AD 2010-23-09]
RIN 2120-AA64

Airworthiness Directives; Austro Engine GmbH Model E4 Diesel 
Piston Engines

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. This AD results from mandatory continuing 
airworthiness information (MCAI) issued 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:

    Several power loss events have been reported, due to rail 
pressure control failures. Analyses have shown that high pressure 
(HP) fuel pumps failed as a result of pressure oscillations in the 
fuel supply line.

We are issuing this AD to prevent engine power loss or in-flight 
shutdown, which could result in loss of control of the airplane.

DATES: This AD becomes effective November 22, 2010.
    We must receive comments on this AD by December 6, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of Austro Engine GmbH Work Instruction No. WI-MSB-E4-009, 
dated October 7, 2010, listed in the AD as of November 22, 2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: U.S. Department of Transportation, 1200 New Jersey 
Avenue, SE., West Building Ground Floor, Room W12-140, Washington, DC 
20590-0001.

[[Page 68180]]

     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Fax: (202) 493-2251.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
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 Operations office (telephone (800) 647-5527) is the same as 
the Mail address provided in the ADDRESSES section. Comments will be 
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: James Lawrence, Aerospace Engineer, 
Engine Certification Office, FAA, Engine & Propeller Directorate, 12 
New England Executive Park, Burlington, MA 01803; e-mail: 
james.lawrence@faa.gov; telephone (781) 238-7176; fax (781) 238-7199.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2010-0206-E, dated October 8, 2010 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    Several power loss events have been reported, due to rail 
pressure control failures. Analyses have shown that high pressure 
(HP) fuel pumps failed as a result of pressure oscillations in the 
fuel supply line.

    Frequent inspections of the fuel pressure supply for excessive 
oscillations are required to determine if high-pressure fuel pumps have 
been exposed to damaging pressure oscillations. Pumps that have been 
exposed require replacement before further flight. We are issuing this 
AD to prevent engine power loss or in-flight shutdown, which could 
result in loss of control of the airplane.

Relevant Service Information

    Austro Engine GmbH has issued Work Instruction No. WI-MSB-E4-009, 
dated October 7, 2010. The actions described in this service 
information are intended to correct the unsafe condition identified in 
the MCAI.

FAA's Determination and Requirements of This AD

    This product has been approved by the aviation authority of Austria 
and is approved for operation in the United States. Pursuant to our 
bilateral agreement with Austria, 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 EASA and determined the unsafe condition exists and is 
likely to exist or develop on other products of the same type design. 
This AD requires initial and repetitive inspections of the fuel 
pressure supply for excessive oscillations and replacement before 
further flight of the high-pressure fuel pump if the fuel pressure 
supply oscillations are excessive.

Interim Action

    We consider this AD interim action.

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 of 
the short compliance time of within 10 flight hours, in the AD. 
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-2010-1055; Directorate 
Identifier 2010-NE-35-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 
with FAA personnel concerning this AD. Using the search function of the 
Web site, anyone can find and read the comments in any of our dockets, 
including, if provided, the name of the individual who sent the comment 
(or signed the comment on behalf of an association, business, labor 
union, etc.). You may review the DOT's complete Privacy Act Statement 
in the Federal Register published on April 11, 2000 (65 FR 19477-78).

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 this AD:
    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 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

0
Accordingly, under the authority delegated to me by the Administrator,

[[Page 68181]]

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 AD:

2010-23-09 Austro Engine GmbH: Amendment 39-16498; Docket No. FAA-
2010-1055; Directorate Identifier 2010-NE-35-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective November 
22, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Austro Engine GmbH model E4 diesel piston 
engines. These engines are installed on, but not limited to, Diamond 
Aircraft Industries DA 40 NG and DA 42 NG airplanes.

Reason

    (d) Several power loss events have been reported, due to rail 
pressure control failures. Analyses have shown that high pressure 
(HP) fuel pumps failed as a result of pressure oscillations in the 
fuel supply line.

We are issuing this AD to prevent engine power loss or in-flight 
shutdown, which could result in loss of control of the airplane.

Actions and Compliance

    (e) Unless already done, do the following actions.
    (1) Inspect the fuel pressure supply for excessive oscillations 
using the inspection schedule in Table 1 of this AD.

                      Table 1--Inspection Schedule
------------------------------------------------------------------------
      Accumulated time-since-new:                Compliance time:
------------------------------------------------------------------------
45 flight hours or more, on the          Within 10 flight hours after
 effective date of this AD..              the effective date of this AD.
Fewer than 45 flight hours, on the       At the next scheduled 50 flight
 effective date of this AD..              hour inspection.
Repetitive inspections.................  At each 50 flight-hour
                                          scheduled inspection.
------------------------------------------------------------------------

     (2) Replace the high-pressure fuel pump before further flight 
with a serviceable high-pressure fuel pump if the oscillations 
exceed 300mV (750hPa).
    (3) Use Austro Engine GmbH Work Instruction No. WI-MSB-E4-009, 
dated October 7, 2010, to do the inspections.

FAA AD Differences

    (f) None.

Alternative Methods of Compliance (AMOCs)

    (g) The Manager, Engine Certification Office, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2010-0206-E, dated October 8, 2010, and Austro Engine GmbH 
Mandatory Service Bulletin No. MSB-E4-009, dated October 7, 2010, 
for related information. Contact Austro Engine GmbH, Rudolf-Diesel-
Strasse 11, A-2700 Weiner Neustadt, Austria, telephone: +43 2622 
23000; fax: +43 2622 23000-2711, or go to: http://www.austroengine.at, for a copy of this service bulletin.
    (i) Contact James Lawrence, Aerospace Engineer, Engine 
Certification Office, FAA, Engine & Propeller Directorate, 12 New 
England Executive Park, Burlington, MA 01803; e-mail: 
james.lawrence@faa.gov; telephone (781) 238-7176; fax (781) 238-
7199, for more information about this AD.

Material Incorporated by Reference

    (j) You must use Austro Engine GmbH Work Instruction No. WI-MSB-
E4-009, dated October 7, 2010, to do the inspections required by 
this AD.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Austro Engine GmbH, Rudolf-Diesel-Strasse 11, A-2700 Weiner 
Neustadt, Austria, telephone: +43 2622 23000; fax: +43 2622 23000-
2711, or go to: http://www.austroengine.at.
    (3) You may review copies at the FAA, New England Region, 12 New 
England Executive Park, Burlington, MA; or 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/cfr/ibr-locations.html.

    Issued in Burlington, Massachusetts, on October 27, 2010.
Karen M. Grant,
Acting Assistant Manager, Engine and Propeller Directorate, Aircraft 
Certification Service.
[FR Doc. 2010-27609 Filed 11-4-10; 8:45 am]
BILLING CODE 4910-13-P
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