[Federal Register Volume 86, Number 149 (Friday, August 6, 2021)]
[Rules and Regulations]
[Pages 43075-43077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16895]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
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. 

========================================================================


Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Rules 
and Regulations

[[Page 43075]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0654; Project Identifier MCAI-2021-00682-E; 
Amendment 39-21684; AD 2021-17-01]
RIN 2120-AA64


Airworthiness Directives; Austro Engine GmbH Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Austro Engine GmbH E4 and E4P model diesel piston engines. This AD was 
prompted by a report of oil pressure loss on an E4 model diesel piston 
engine. This AD requires removing a certain oil pump from service and 
replacing it with a part eligible for installation. The FAA is issuing 
this AD to address the unsafe condition on these products.

DATES: This AD is effective August 23, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of August 23, 
2021.
    The FAA must receive comments on this AD by September 20, 2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
    <bullet> Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this final rule, contact 
Austro Engine GmbH, Rudolf-Diesel-Strasse 11, 2700 Weiner Neustadt, 
Austria; phone: +43 2622 23000 2525; website: www.austroengine.at. You 
may view this service information at the FAA, Airworthiness Products 
Section, Operational Safety Branch, 1200 District Avenue, Burlington, 
MA 01803. For information on the availability of this material at the 
FAA, call (781) 238-7759. It is also available at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0654.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0654; or in person at 
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The AD docket contains this final rule, the 
mandatory continuing airworthiness information (MCAI), any comments 
received, and other information. The street address for the Docket 
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Wego Wang, Aviation Safety Engineer, 
ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 
(781) 238-7134; fax: (781) 238-7199; email: <a href="/cdn-cgi/l/email-protection#dea9bbb9b1f0a9bfb0b99eb8bfbff0b9b1a8"><span class="__cf_email__" data-cfemail="f28597959ddc85939c95b2949393dc959d84">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    The European Union Aviation Safety Agency (EASA), which is the 
Technical Agent for the Member States of the European Community, issued 
EASA Emergency AD 2021-0143-E, dated June 16, 2021 (referred to after 
this as ``the MCAI''), to address the unsafe condition on these 
products. The MCAI states:

    An occurrence was reported of oil pressure loss on an E4 engine. 
Subsequent investigation determined that a certain batch of oil 
pumps was produced with a dimensional deviation on the inner gear/
shaft. The inner gear/shaft of those pumps may come into contact 
with the pump housing, which might create debris and cause jamming 
of the oil pump.
    This condition, if not corrected, could lead to engine in-flight 
shut-down with consequent forced landing, possibly resulting in 
damage to the aeroplane and injury to occupants.
    To address this potential unsafe condition, Austro Engine 
published the [service bulletin] to provide instructions to replace 
the affected oil pumps.
    For the reason described above, this [EASA] AD requires 
replacement of affected parts with serviceable parts, as defined in 
this [EASA] AD. This [EASA] AD also prohibits (re)installation of 
affected parts on all engines.

    You may obtain further information by examining the MCAI in the AD 
docket at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2021-0654.

FAA's Determination

    This product has been approved by EASA and is approved for 
operation in the United States. Pursuant to our bilateral agreement 
with the European Community, EASA has notified the FAA of the unsafe 
condition described in the MCAI and service information. The FAA is 
issuing this AD because the agency evaluated all the relevant 
information provided by EASA and determined the unsafe condition 
described previously is likely to exist or develop in other products of 
the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Austro Engine Mandatory Service Bulletin No. MSB-
E4-031/1, Revision No. 1, dated July 1, 2021. This service information 
specifies procedures for replacing the affected oil pump installed on 
E4 and E4P model diesel piston engines. In addition, this service 
information identifies the applicable part number and serial numbers of 
affected oil pumps requiring replacement and an additional oil pump 
replacement option. This service information is reasonably available 
because the interested parties have access to it through their normal 
course of business or by the means identified in ADDRESSES.

AD Requirements

    This AD requires removing the affected oil pump from service and 
replacing it with a part eligible for installation.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5

[[Page 43076]]

U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies foregoing notice and comment prior to adoption of this rule. 
The FAA received a report of oil pressure loss on an E4 model diesel 
piston engine. The manufacturer subsequently determined that the oil 
pressure loss was caused by certain oil pumps produced with a 
dimensional deviation on the inner gear/shaft that may have contacted 
the pump housing. This contact might create debris and cause oil pump 
blockage. Austro Engine issued service information providing 
instructions for replacement of a certain oil pump installed on E4 and 
E4P model diesel piston engines.
    A jammed oil pump can result in failure of the engine, in-flight 
shutdown, and loss of the airplane. The FAA considers a jammed oil pump 
to be an urgent safety issue that requires immediate action to avoid 
loss of the airplane. The actions required by this AD must be done 
before further flight after the AD's effective date. Accordingly, 
notice and opportunity for prior public comment are impracticable and 
contrary to the public interest pursuant to 5 U.S.C. 553(b)(3)(B). In 
addition, the FAA finds that good cause exists pursuant to 5 U.S.C. 
553(d) for making this amendment effective in less than 30 days, for 
the same reasons the FAA found good cause to forego notice and comment.

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2021-0654 and Project Identifier 
MCAI-2021-00682-E'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this AD contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this AD, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this AD. Submissions containing CBI should be sent to Wego 
Wang, Aviation Safety Engineer, ECO Branch, FAA, 1200 District Avenue, 
Burlington, MA 01803. Any commentary that the FAA receives which is not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not 
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt 
a rule without prior notice and comment. Because FAA has determined 
that it has good cause to adopt this rule without prior notice and 
comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 10 engines installed on 
airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Remove and replace the oil pump.......  16 work-hours x $85 per           $1,445          $2,805         $28,050
                                         hour = $1,360.
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some of the costs of this AD 
may be covered under warranty, thereby reducing the cost impact on 
affected operators.

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.
    The FAA is 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

    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 that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

[[Page 43077]]

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

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 airworthiness 
directive:

2021-17-01 Austro Engine GmbH: Amendment 39-21684; Docket No. FAA-
2021-0654; Project Identifier MCAI-2021-00682-E.

(a) Effective Date

    This airworthiness directive (AD) is effective August 23, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Austro Engine GmbH E4 and E4P model diesel 
piston engines.

(d) Subject

    Joint Aircraft System Component (JASC) Code 8550, Reciprocating 
Engine Oil System.

(e) Unsafe Condition

    This AD was prompted by a report of oil pressure loss on an E4 
model diesel piston engine. The FAA is issuing this AD to prevent 
failure of the engine. The unsafe condition, if not addressed, could 
result in failure of the engine, in-flight shutdown, and loss of the 
airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions

    Before further flight after the effective date of this AD, 
remove the oil pump, part number (P/N) E4A-50-000-BHY, with a serial 
number (S/N) listed in paragraph 1.2., Engines Affected, Tables 2 
and 3, of Austro Engine GmbH Mandatory Service Bulletin No. MSB-E4-
031/1, Revision No. 1, dated July 1, 2021 (the MSB), from service 
and replace with a part eligible for installation using the 
Accomplishment/Instructions, paragraph 2.2.1 or paragraph 2.2.2., of 
the MSB, as applicable.

(h) No Communication or Reporting Requirements

    The instructions to contact the manufacturer and report 
information to the manufacturer in the Accomplishment/Instructions, 
paragraph 2.2, of the MSB, are not required by this AD.

(i) Installation Prohibition

    After the effective date of this AD, do not install onto any 
engine an oil pump with P/N E4A-50-000-BHY and an S/N listed in 
paragraph 1.2., Engines Affected, Tables 2 and 3, of the MSB.

(j) Definitions

    For the purpose of this AD, a ``part eligible for installation'' 
is an oil pump that is not P/N E4A-50-000-BHY or an oil pump P/N 
E4A-50-000-BHY and an S/N that is not listed in paragraph 1.2., 
Engines Affected, Tables 2 and 3, of the MSB.

(k) Special Flight Permit

    Special flight permits, as described in Section 21.197 and 
Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197 
and 21.199), are subject to the requirements of paragraph (k)(1) and 
(2) of this AD.
    (1) Operators of a twin-engine airplane that has one or two 
Model E4 engines in configuration ``-B'' or ``-C'' or Model E4P 
engines installed may perform a one-time non-revenue ferry flight to 
a location where the engine can be removed from service. This ferry 
flight must be performed with only essential flight crew.
    (2) All other ferry flights are prohibited.

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, ECO Branch, FAA, has the authority to approve 
AMOCs for this AD, if requested using the procedures found in 14 CFR 
39.19. In accordance with 14 CFR 39.19, send your request to your 
principal inspector or local Flight Standards District Office, as 
appropriate. If sending information directly to the manager of the 
ECO Branch, send it to the attention of the person identified in 
Related Information. You may email your request to: <a href="/cdn-cgi/l/email-protection#a6e7e8e38be7e28be7ebe9e5e6c0c7c788c1c9d0"><span class="__cf_email__" data-cfemail="571619127a16137a161a18141731363679303821">[email protected]</span></a>.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(m) Related Information

    (1) For more information about this AD, contact Wego Wang, 
Aviation Safety Engineer, ECO Branch, FAA, 1200 District Avenue, 
Burlington, MA 01803; phone: (781) 238-7134; fax: (781) 238-7199; 
email: <a href="/cdn-cgi/l/email-protection#205745474f0e57414e47604641410e474f56"><span class="__cf_email__" data-cfemail="b7c0d2d0d899c0d6d9d0f7d1d6d699d0d8c1">[email protected]</span></a>.
    (2) Refer to European Union Aviation Safety Agency (EASA) AD 
2021-0143-E, dated June 16, 2021, for more information. You may 
examine the EASA AD in the AD docket at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2021-0654.

(n) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Austro Engine Mandatory Service Bulletin No. MSB-E4-031/1, 
Revision No. 1, dated July 1, 2021.
    (ii) [Reserved]
    (3) For Austro Engine service information identified in this AD, 
you may contact Austro Engine GmbH, Rudolf-Diesel-Strasse 11, 2700 
Weiner Neustadt, Austria; phone: +43 2622 23000 2525; website: 
www.austroengine.at.
    (4) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 1200 
District Avenue, Burlington, MA 01803. For information on the 
availability of this material at the FAA, call (781) 238-7759.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email: <a href="/cdn-cgi/l/email-protection#6503174b0c0b16150006110c0a0b250b0417044b020a13"><span class="__cf_email__" data-cfemail="6305114d0a0d10130600170a0c0d230d0211024d040c15">[email protected]</span></a>, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on August 2, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-16895 Filed 8-4-21; 11:15 am]
BILLING CODE 4910-13-P


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