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[Federal Register Volume 77, Number 41 (Thursday, March 1, 2012)]
[Rules and Regulations]
[Pages 12450-12452]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4746]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0126; Directorate Identifier 2012-NE-07-AD; 
Amendment 39-16959; AD 2012-04-03]
RIN 2120-AA64

Airworthiness Directives; BRP-Powertrain GmbH & Co KG Rotax 
Reciprocating 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 BRP-
Powertrain GmbH & Co KG Rotax 912 S2, 912 S3, and 914 F2 reciprocating 
engines. This AD requires performing a one-time inspection of the oil 
system for leaks and a torque check of the oil pump attachment bolts, 
and if leaks are detected, performing a one-time inspection of the oil 
pump and engine valve train, on certain serial number (S/N) BRP-
Powertrain GmbH & Co KG Rotax 912 S2, 912 S3, and 914 F2 reciprocating 
engines. This AD was prompted by the discovery that during engine 
production, some engines may not have had the oil pump attachment bolts 
torqued to specification. We are issuing this AD to prevent oil leaks,

[[Page 12451]]

which could result in an in-flight engine shutdown and forced landing.

DATES: This AD becomes effective March 16, 2012.
    We must receive comments on this AD by April 16, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of BRP-Powertrain GmbH & Co KG, Rotax Aircraft Engines 
Mandatory Alert Service Bulletins (ASBs) No. ASB-912-060 and ASB No. 
914-043 (combined in one document), dated January 26, 2012 listed in 
the AD, as of March 16, 2012.

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.
     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 AD, contact BRP-
Powertrain GmbH & Co KG, Welser Strasse 32, A-4623 Gunskirchen, 
Austria, or go to: http://www.rotax-aircraft-engines.com. You may 
review copies of the referenced service information at the FAA, Engine 
& Propeller Directorate, 12 New England Executive Park, Burlington, MA 
01803. 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 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: Alan Strom, Aerospace Engineer, Engine 
Certification Office, FAA, Engine & Propeller Directorate, 12 New 
England Executive Park, Burlington, MA 01803; email: 
alan.strom@faa.gov; phone: 781-238-7143; 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 
Emergency AD 2012-0019-E, dated January 26, 2012 (referred to after 
this as ``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    During a production quality review, a deviation in the assembly 
process of the oil pump attachment bolts has been detected, which 
may have resulted in a latent defect on a limited number of engines. 
The affected bolts may not have been tightened to the correct torque 
value, i.e. not in accordance with the specification. This 
condition, if not corrected, could lead to oil leaks and 
irregularities in the oil supply, possibly resulting in uncommanded 
in-flight engine shutdown and forced landing, damage to the 
aeroplane and injury to occupants.

You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    BRP-Powertrain GmbH & Co KG has issued Mandatory ASBs No. ASB-912-
060 and No. ASB-914-043 (combined in one document), dated January 26, 
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 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 the European Community, EASA has 
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 performing a one-time inspection 
of the oil system for leaks and a torque check of the oil pump 
attachment bolts, and if leaks are detected, performing a one-time 
inspection of the oil pump and engine valve train, on certain S/N BRP-
Powertrain GmbH & Co KG Rotax 912 S2, 912 S3, and 914 F2 reciprocating 
engines.

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 no 
domestic operators use these engines. Therefore, we determined that 
notice and opportunity for public comment before issuing this AD are 
unnecessary 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-2012-0126; Directorate 
Identifier 2012-NE-07-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

[[Page 12452]]

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

    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 AD:

2012-04-03 BRP-Powertrain GmbH & Co. KG (formerly BRP-Rotax GmbH & 
Co KG, Bombardier-Rotax GmbH & Co. KG, and Bombardier-Rotax GmbH): 
Amendment 39-16959; Docket No. FAA-2012-0126; Directorate Identifier 
2012-NE-07-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective March 16, 
2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to BRP-Powertrain GmbH & Co KG:
    (1) Rotax 912 S2 and 912 S3 reciprocating engines, serial 
numbers (S/Ns) 4,924.287 to 4,924.295 inclusive, 4,924.300 to 
4,924.304 inclusive, 4,924.342 to 4,924.350 inclusive, 4,924.352, 
and 4,924.353.
    (2) Rotax 914 F2 reciprocating engines, S/Ns 4,421.079, 
4,421.080, and 4,421.081.

(d) Reason

    This AD was prompted by the discovery that during engine 
production, some engines may not have had the oil pump attachment 
bolts torqued to specification. We are issuing this AD to prevent 
oil leaks, which could result in an in-flight engine shutdown and 
forced landing.

(e) Actions and Compliance

    Unless already done, do the following actions within four flight 
hours or 30 days after the effective date of this AD, whichever 
occurs first.
    (1) Inspect the oil pump and engine valve train for oil leaks in 
accordance with paragraph 3.1) step 1. of BRP-Powertrain GmbH & Co 
KG, Rotax Aircraft Engines Mandatory Alert Service Bulletins (ASBs) 
No. ASB-912-060 and No. ASB-914-043 (combined in one document), 
dated January 26, 2012.
    (2) If no leaks are found during the inspection, tighten the 
four oil pump attachment bolts with lock washers installed to 10 Nm 
(90 in. lb.).
    (3) If any leaks are found during the inspection specified in 
paragraph (e)(1) of this AD, do the following:
    (i) Remove the oil pump and inspect all surfaces for wear, 
cracks, or damage. If any measurable wear, cracking, or damage is 
found, reject the oil pump. If no measurable wear, cracking, or 
damage is found, replace the three o-rings and the four gasket rings 
and reinstall the oil pump.
    (ii) Inspect the engine valve train washers for increased wear, 
in accordance with paragraph 3.1.3) steps 19. through 21. of BRP-
Powertrain GmbH & Co KG, Rotax Aircraft Engines Mandatory ASBs No. 
ASB-912-060 and No. ASB-914-043 (combined in one document), dated 
January 26, 2012.

(f) 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.

(g) Related Information

    (1) For more information about this AD, contact Alan Strom, 
Aerospace Engineer, Engine Certification Office, FAA, Engine & 
Propeller Directorate, 12 New England Executive Park, Burlington, MA 
01803; email: alan.strom@faa.gov; phone: 781-238-7143; fax: 781-238-
7199.
    (2) Refer to European Aviation Safety Agency Emergency AD 2012-
0019-E, dated November 15, 2011, for related information.

(h) Material Incorporated by Reference

    (1) You must use BRP-Powertrain GmbH & Co KG, Rotax Aircraft 
Engines, Mandatory Alert Service Bulletins Nos. ASB-912-060 and ASB-
914-043 (combined in one document), dated January 26, 2012, to do 
the actions required by this AD, unless the AD specifies otherwise.
    (2) 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.
    (3) For service information identified in this AD, contact BRP-
Powertrain GmbH & Co KG, Welser Strasse 32, A-4623 Gunskirchen, 
Austria, or go to: http://www.rotax-aircraft-engines.com.
    (4) You may review copies of the service information at the FAA, 
New England Region, 12 New England Executive Park, Burlington, MA. 
For information on the availability of this material at the FAA, 
call 781-238-7125.
    (5) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at an NARA facility, call 202-741-6030, or go to http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Burlington, Massachusetts, on February 15, 2012.
Peter A. White,
Manager, Engine & Propeller Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-4746 Filed 2-29-12; 8:45 am]
BILLING CODE 4910-13-P
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