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[Federal Register Volume 78, Number 60 (Thursday, March 28, 2013)]
[Proposed Rules]
[Pages 18920-18922]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07210]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0164; Directorate Identifier 2013-NE-10-AD]
RIN 2120-AA64

Airworthiness Directives; Austro Engine GmbH Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all 
Austro Engine GmbH model E4 engines. This proposed AD was prompted by 
reports of several power loss events due to fracture of the waste gate 
controller lever. This proposed AD would require removing from service 
certain part number (P/N) waste gate controllers. We are proposing this 
AD to prevent engine power loss or in-flight shutdown, which could 
result in loss of control and damage to the airplane.

DATES: We must receive comments on this proposed AD by May 28, 2013.

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: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     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.
    For service information identified in this proposed AD, contact 
Austro Engine GmbH, Rudolf-Diesel-Strasse 11, A-2700 Weiner Neustadt, 
Austria, phone: +43 2622 23000; fax: +43 2622 23000-2711, or go to: 
www.austroengine.at. You may view this service information at the FAA, 
Engine & Propeller Directorate, 12 New England Executive Park, 
Burlington, MA. For information on the availability of this material at 
the FAA, call 781-238-7125.

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 proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Operations office (phone: 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: Frederick Zink, Aerospace Engineer, 
Engine Certification Office, FAA, Engine & Propeller Directorate, 12 
New England Executive Park, Burlington, MA 01803; phone: 781-238-7779; 
fax: 781-238-7199; email: frederick.zink@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-2013-0164; 
Directorate Identifier 2013-NE-10-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 based on 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 proposed 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).

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 2013-0025, dated February 6, 2013 (referred to 
herein after as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    Several power loss events have been reported on Austro E4 
engines, due to fracture of the waste gate controller lever. This 
condition, if not corrected, could lead to further cases of power 
loss events, possibly

[[Page 18921]]

resulting in forced landing, damage to the aeroplane and injury to 
occupants.

We are proposing this AD to prevent engine power loss or in-flight 
shutdown, which could result in loss of control and damage to the 
airplane. You may obtain further information by examining the MCAI in 
the AD docket.

Relevant Service Information

    Austro Engine GmbH has issued Mandatory Service Bulletin No. MSB-
E4-007/3, Revision 3, dated November 28, 2012. 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 Proposed 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, EASA has 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 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 proposed AD would require removing from service waste gate 
controllers, P/N E4A-41-120-000 Rev. 050 or lower, and waste gate 
controllers, P/N E4B-41-120-000 Rev. 000 during the next engine 
maintenance, or within 110 flight hours or three months after the 
effective date of the AD, whichever occurs first.

Costs of Compliance

    We estimate that this proposed AD affects 72 engines installed on 
airplanes of U.S. registry. We also estimate that it would take about 
one hour per engine to comply with this proposed AD. The average labor 
rate is $85 per hour. Based on these figures, we estimate the cost of 
the proposed AD on U.S. operators to be $6,120. Our cost estimate is 
exclusive of possible warranty coverage.

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 affect intrastate aviation in Alaska to the extent that 
it justifies making a regulatory distinction, and
    4. 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

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 (AD):

Austro Engine GmbH: Docket No. FAA-2013-0164; Directorate Identifier 
2013-NE-10-AD.

(a) Comments Due Date

    We must receive comments by May 28, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Austro Engine GmbH model E4 engines, with 
a waste gate controller, part number (P/N) E4A-41-120-000 Rev. 050 
or lower revision, or a waste gate controller, P/N E4B-41-120-000 
Rev. 000, installed.

(d) Reason

    This AD was prompted by reports of several power loss events due 
to fracture of the waste gate controller lever. We are issuing this 
AD to prevent engine power loss or in-flight shutdown, which could 
result in loss of control and damage to the airplane.

(e) Actions and Compliance

    Unless already done, do the following during the next engine 
maintenance, or within 110 flight hours or within three months after 
the effective date of this AD, whichever occurs first.
    (f) Remove from service waste gate controllers, P/N E4A-41-120-
000 Rev. 050 or lower revision, and waste gate controllers, P/N E4B-
41-120-000 Rev. 000.

(g) Installation Prohibition

    After the effective date of this AD, do not install any waste 
gate controller, P/N E4A-41-120-000 Rev. 050 or lower revision, or 
waste gate controller, P/N E4B-41-120-000 Rev. 000, onto any engine.

(h) Alternative Methods of Compliance (AMOCs)

    The Manager, Engine Certification Office, may approve AMOCs for 
this AD. Use the procedures found in 14 CFR 39.19 to make your 
request.

(i) Related Information

    (1) For more information about this AD, contact Frederick Zink, 
Aerospace Engineer, Engine Certification Office, FAA, Engine & 
Propeller Directorate, 12 New England Executive Park, Burlington, MA 
01803; phone: 781-238-7779; fax: 781-238-7199; email: 
frederick.zink@faa.gov.
    (2) Refer to European Aviation Safety Agency AD 2013-0025, dated 
February 6, 2013, and Austro Engine GmbH Mandatory Service Bulletin 
No. MSB-E4-007/3, Revision 3, dated November 28, 2012, for related 
information.
    (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; fax: +43 2622 23000-2711, 
or go to: www.austroengine.at.
    (4) You may view the service information at the FAA, Engine & 
Propeller Directorate, 12 New England Executive Park, Burlington, 
MA. For information on the availability of this material at the FAA, 
call 781-238-7125.

[[Page 18922]]

    Issued in Burlington, Massachusetts, on March 20, 2013.

Robert J. Ganley,
Acting Manager, Engine & Propeller Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-07210 Filed 3-27-13; 8:45 am]
BILLING CODE 4910-13-P
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