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.

Rules and Regulations Federal Register

43075 

Vol. 86, No. 149 

Friday, August 6, 2021 

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: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• 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. 

• 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: wego.wang@faa.gov. 

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 


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43076 Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Rules and Regulations 

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

Action Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

Remove and replace the oil pump ................. 16 work-hours × $85 per hour = $1,360 ........ $1,445 $2,805 $28,050 

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. 


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

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 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: ANE-AD-AMOC@faa.gov. 

(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: 

wego.wang@faa.gov. 

(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: fr.inspection@nara.gov, 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 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Parts 153 and 157 

[Docket No. RM20–15–002; Order No. 871– 

C] 

Limiting Authorizations to Proceed 

With Construction Activities Pending 

Rehearing 

AGENCY: Federal Energy Regulatory 

Commission, Department of Energy. 

ACTION: Order addressing arguments 

raised on rehearing and clarification. 

SUMMARY: The Federal Energy 

Regulatory Commission addresses 

requests for rehearing and clarification 

of Order No. 871–B. 

DATES: The effective date of the 

document published on May 13, 2021 

(86 FR 26,150), is confirmed: June 14, 

2021. 

FOR FURTHER INFORMATION CONTACT: Tara 

DiJohn, Office of the General Counsel, 

Federal Energy Regulatory Commission, 

888 First Street NE, Washington, DC 

20426, (202) 502–8671, tara.dijohn@

ferc.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 


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