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[Federal Register Volume 78, Number 137 (Wednesday, July 17, 2013)]
[Rules and Regulations]
[Pages 42677-42678]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16951]

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Rules and Regulations
                                                Federal Register
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having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
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Federal Register / Vol. 78, No. 137 / Wednesday, July 17, 2013 / 
Rules and Regulations

[[Page 42677]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0164; Directorate Identifier 2013-NE-10-AD; 
Amendment 39-17513; AD 2013-14-08]
RIN 2120-AA64

Airworthiness Directives; Austro Engine GmbH Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for all 
Austro Engine GmbH model E4 engines. This AD requires removing from 
service certain part number waste gate controllers. This AD was 
prompted by several reports of 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.

DATES: This AD becomes effective August 21, 2013.

ADDRESSES: 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, and Web site: 
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 Management Facility 
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 address for the 
Docket Office (phone: 800-647-5527) is Document Management Facility, 
U.S. Department of Transportation, Docket Operations, M-30, West 
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., 
Washington, DC 20590.

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:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
The NPRM was published in the Federal Register on March 28, 2013 (78 FR 
18920). The NPRM proposed to correct an unsafe condition for the 
specified products. The European Aviation Safety Agency (EASA) issued 
EASA AD No. 2013-0025, dated February 6, 2013. This 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 resulting in forced landing, damage to the 
aeroplane and injury to occupants.

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

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (78 FR 18920, March 28, 
2013).

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting this AD as proposed (78 FR 18920, 
March 28, 2013).

Costs of Compliance

    We estimate that this AD affects about 64 engines installed on 
airplanes of U.S. registry. We also estimate that it will take about 
0.5 hours per engine to comply with this AD. The average labor rate is 
$85 per hour. Parts cost about $231. Based on these figures, we 
estimate the cost of the AD on U.S. operators to be $17,504.

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),
    (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.

[[Page 42678]]

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:

2013-14-08 Austro Engine GmbH (Formerly Diamond Aircraft Industries 
GmbH): Amendment 39-17513; Docket No. FAA-2013-0164; Directorate 
Identifier 2013-NE-10-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective August 21, 
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 several reports of 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

    (1) Unless already done, during the next engine maintenance, or 
within 110 flight hours, or within three months after the effective 
date of this AD, whichever occurs first, do the following.
    (2) 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.

(f) 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.

(g) 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.

(h) 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, for related information. You may examine the AD 
docket on the Internet at http://www.regulations.gov.
    (3) Austro Engine GmbH Mandatory Service Bulletin No. MSB-E4-
007/4, Revision 4, dated April 24, 2013, which is not incorporated 
by reference in this AD, can be obtained from Austro Engine GmbH, 
using the contact information in paragraph (h)(4) of this AD.
    (4) 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, 
and Web site: www.austroengine.at.
    (5) 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.

(i) Material Incorporated by Reference

    None.

    Issued in Burlington, Massachusetts, on July 10, 2013.
Colleen M. D'Alessandro,
Assistant Manager, Engine & Propeller Directorate, Aircraft 
Certification Service.
[FR Doc. 2013-16951 Filed 7-16-13; 8:45 am]
BILLING CODE 4910-13-P
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