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[Federal Register: May 17, 2010 (Volume 75, Number 94)]
[Proposed Rules]
[Page 27487-27489]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17my10-24]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0499; Directorate Identifier 2010-NE-06-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier-Rotax GmbH 912 F Series and
912 S Series Reciprocating 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 the
products listed above. This proposed 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:

    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 exceeding the
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 1, 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: 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.
    Contact BRP-Rotax GmbH & Co. KG, Welser Strasse 32, A-4623
Gunskirchen, Austria, or go to: http://www.rotax-aircraft-engines.com/,
for the service information identified in this proposed AD.

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 (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: Tara Chaidez, Aerospace Engineer,
Engine Certification Office, FAA, Engine and Propeller Directorate, 12
New England Executive Park, Burlington, MA 01803; e-mail:
tara.chaidez@faa.gov; telephone (781) 238-7773; fax (781) 238-7199.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about

[[Page 27488]]

this proposed AD. Send your comments to an address listed under the
ADDRESSES section. Include ``Docket No. FAA-2010-0499; Directorate
Identifier 2010-NE-06-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 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.

    If the operator has shown compliance with BRP Rotax ASB-912-053,
dated February 20, 2007, as mandated by EASA Airworthiness Directive
2007-0060-E, no further action is required.
    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 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, 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 provided by EASA and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 50 products of U.S. registry. We also estimate that
it would take about 0.5 work-hour per product to comply with 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 $34,625.

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, 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:

Bombardier-Rotax GmbH (Formerly Motorenfabrik): Docket No. FAA-2010-
0499; Directorate Identifier 2010-NE-06-AD.

Comments Due Date

    (a) We must receive comments by July 1, 2010.

Affected Airworthiness Directives (ADs)

    (b) None.

Applicability

    (c) This AD applies to Bombardier-Rotax 912 F series and 912 S
series reciprocating engines with fuel pumps, part numbers (P/Ns)
892230, 892232, 892540 (standard version) or P/Ns 892235, 892236,
892545 (version including flexible fuel line), installed. These
engines are installed on, but not limited to, Diamond (formerly
HOAC) HK-36R Super Dimona, Aeromot AMT-200S Super Ximango; Diamond
DA20-A1 Katana; Scheibe SF 25C; Iniziative Industriali Italiane
S.p.A. Sky Arrow 650 TC, and 650 TCN airplanes.

Reason

    (d) 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:

    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

[[Page 27489]]

cause engine malfunction and/or massive fuel leakage.

    We are issuing this AD to prevent the pump from exceeding the
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.

Actions and Compliance

    (e) Unless already done, do the following actions.
    (1) At the next maintenance, or within the next 25 hours of
engine operation, whichever occurs first, after the effective date
of this AD, remove affected fuel pumps, P/Ns 892230, 892232, 892235,
892236, 892540, or 892545.
    (2) After the effective date of this AD, do not install fuel
pump, P/Ns 892230, 892232, 892235, 892236, 892540, or 892545, on any
engine.

FAA AD Differences

    (f) 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 a fuel pump eligible for installation on the
airplane.

Other FAA AD Provisions

    (g) Alternative Methods of Compliance (AMOCs): 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 Airworthiness Directive 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-
Rotax GmbH & Co. KG, Welser Strasse 32, A-4623 Gunskirchen, Austria,
or go to: http://www.rotax-aircraft-engines.com/, for a copy of this
service information.
    (i) Contact Tara Chaidez, Aerospace Engineer, Engine
Certification Office, FAA, Engine and Propeller Directorate, 12 New
England Executive Park, Burlington, MA 01803; e-mail:
tara.chaidez@faa.gov; telephone (781) 238-7773; fax (781) 238-7199,
for more information about this AD.

    Issued in Burlington, Massachusetts, on May 10, 2010.
Peter A. White,
Assistant Manager, Engine and Propeller Directorate, Aircraft
Certification Service.
[FR Doc. 2010-11643 Filed 5-14-10; 8:45 am]
BILLING CODE 4910-13-P
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