[Federal Register Volume 86, Number 175 (Tuesday, September 14, 2021)]
[Proposed Rules]
[Pages 51026-51029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19628]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0781; Project Identifier AD-2021-00775-E]
RIN 2120-AA64


Airworthiness Directives; Austro Engine GmbH Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2021-09-04, which applies to all Austro Engine GmbH E4 and E4P model 
diesel piston engines. AD 2021-09-04 requires replacing a certain oil 
pump as well as the oil filter and engine oil. Since the FAA issued AD 
2021-09-04, the FAA determined that the requirement to replace the oil 
pump should be limited to only Austro Engine E4 and E4P model diesel 
piston engines with a certain oil pump, identified by part number (P/N) 
and serial number (S/N), installed. This proposed AD would require 
replacing a certain oil pump, the oil filter, and the engine oil 
installed on Austro Engine GmbH E4 and E4P model diesel piston engines. 
The FAA is proposing this AD to address the unsafe condition on these 
products.

DATES: The FAA must receive comments on this proposed AD by October 14, 
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 NPRM, contact Austro 
Engine GmbH, Rudolf-Diesel-Strasse 11, 2700 Weiner Neustadt, Austria; 
phone: +43 2622 23000; website: www.austroengine.at. You may view this 
service information at the Airworthiness Products Section, Operational 
Safety Branch, FAA, 1200 District Avenue, Burlington, MA 01803. For 
information on the availability of this material at the FAA, call (781) 
238-7759.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0781; 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 NPRM, any comments 
received, and other information. The street address for 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#057260626a2b72646b62456364642b626a73"><span class="__cf_email__" data-cfemail="4b3c2e2c24653c2a252c0b2d2a2a652c243d">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2021-0781; Project Identifier 
AD-2021-00775-E'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, 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 
the proposal 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 we receive about this proposed AD.

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 NPRM 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 NPRM, 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

[[Page 51027]]

marked submissions as confidential under the FOIA, and they will not be 
placed in the public docket of this NPRM. 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.

Background

    The FAA issued AD 2021-09-04, Amendment 39-21517 (86 FR 21637, 
April 23, 2021), (AD 2021-09-04), for all Austro Engine GmbH E4 and E4P 
model diesel piston engines. AD 2021-09-04 was prompted by reports of 
an oil pump blockage on E4 model diesel piston engines. AD 2021-09-04 
requires replacing a certain oil pump as well as the oil filter and 
engine oil. The agency issued AD 2021-09-04 to prevent failure of the 
engine lubrication system.

Actions Since AD 2021-09-04 Was Issued

    Since the FAA issued AD 2021-09-04, the FAA determined that the 
requirement to replace the oil pump should be limited to only Austro 
Engine E4 and E4P model diesel piston engines with a certain oil pump 
installed, identified by P/N and S/N in Austro Engine GmbH Mandatory 
Service Bulletin No. MSB-E4-030/4, Revision No. 4, dated March 30, 
2021.

FAA's Determination

    The FAA is issuing this NPRM after determining that the unsafe 
condition described previously is likely to exist or develop on other 
products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Austro Engine GmbH Mandatory Service Bulletin No. 
MSB-E4-030/4, Revision No. 4, dated March 30, 2021 (the MSB). This 
service information specifies procedures for replacing the affected oil 
pumps installed on E4 and E4P model diesel piston engines. This service 
information also specifies procedures for replacing the oil filter and 
engine oil installed on these engines. In addition, this service 
information identifies the applicable S/Ns of affected E4 and E4P model 
diesel piston engines, the affected oil pumps requiring replacement, 
and an additional oil pump replacement option. The Director of the 
Federal Register previously approved the MSB for incorporation by 
reference on May 10, 2021 (86 FR 21637, April 23, 2021). 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.

Proposed AD Requirements in This NPRM

    This proposed AD would retain certain requirements of AD 2021-09-
04. This proposed AD would require replacement of an affected oil pump, 
identified by P/N and S/N in the MSB. This proposed AD would also 
require replacement of the oil filter and engine oil.

Differences Between This Proposed AD and the Service Information

    The MSB specifies that the removed oil pump must be returned to 
Austro Engine GmbH. The MSB specifies that information, including the 
engine flight hours (FHs) recorded at the time of the oil pump 
replacement, must be sent to Austro Engine GmbH. This proposed AD would 
not mandate sending the removed oil pump or information, including the 
engine FHs recorded at the time of oil pump replacement, to Austro 
Engine GmbH.
    The MSB also specifies that for all engines with 10 FHs or less, to 
replace the affected oil pump, oil filter, and engine oil before the 
next flight. Whereas, this proposed AD would require, for Group 1 and 
Group 2 engines with 10 FHs or less, replacement of a certain oil pump, 
oil filter, and engine oil within 30 days, before accumulating 10 FHs, 
or during the next scheduled maintenance, whichever occurs first after 
the effective date of this proposed AD.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 55 engines installed on airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this proposed 
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Remove and replace the oil pump, oil    16 work-hours x $85 per           $1,488          $2,848        $156,640
 filter, and engine oil.                 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 
proposed AD may be covered under warranty, thereby reducing the cost 
impact on affected individuals.

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

    The FAA 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 that the proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and

[[Page 51028]]

    (3) Would not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

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:
0
a. Removing Airworthiness Directive 2021-09-04, Amendment 39-21517 (86 
FR 21637, April 23, 2021); and
0
b. Adding the following new airworthiness directive:

Austro Engine GmbH: Docket No. FAA-2021-0781; Project Identifier AD-
2021-00775-E.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) action by October 14, 2021.

(b) Affected ADs

    This AD replaces AD 2021-09-04, Amendment 39-21517 (86 FR 21637, 
April 23, 2021).

(c) Applicability

    This AD applies to all 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 reports of an oil pump blockage on the 
E4 model diesel piston engines. The FAA is issuing this AD to 
prevent failure of the engine lubrication system. 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

    For Austro Engine GmbH E4 and E4P model diesel piston engines 
having an oil pump, part number (P/N) E4A-50-000-BHY, with a serial 
number (S/N) listed in paragraph 1.2., Engines Affected, of Austro 
Engine GmbH Mandatory Service Bulletin No. MSB-E4-030/4, Revision 
No. 4, dated March 30, 2021 (the MSB), within the compliance time 
specified in Table 1 to paragraph (g) of this AD or before further 
flight, whichever occurs later:
    (1) Remove the oil pump, P/N E4A-50-000-BHY, 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.
    (2) Replace the oil filter and engine oil using the 
Accomplishment/Instructions, paragraph 2.2.1 or paragraph 2.2.2, of 
the MSB, as applicable.
[GRAPHIC] [TIFF OMITTED] TP14SE21.002


[[Page 51029]]



(h) No Reporting Requirements

    The reporting requirements 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, P/N E4A-50-000-BHY, with an S/N listed in 
paragraph 1.2., Engines Affected, of the MSB.

(j) Definitions

    For the purpose of this AD:
    (1) Group 1 engines are E4 model diesel piston engines in 
configuration ``-A'' that are installed on single-engine airplanes.
    (2) Group 2 engines are E4 model diesel piston engines in 
configuration ``-B'' or ``-C'' and E4P model diesel piston engines 
that are installed on twin-engine airplanes.
    (3) A ``part eligible for installation'' is an oil pump with a 
P/N and S/N that is not listed in paragraph 1.2., Engines Affected, 
of the MSB.

(k) Credit for Previous Actions

    You may take credit for replacing the oil pump, oil filter, and 
engine oil required by paragraph (g) of this AD if you performed 
these replacements before the effective date of this AD using the 
Accomplishment/Instructions, paragraph 2.2., of Austro Engine GmbH 
MSB No. MSB-E4-030, Original Issue, dated February 18, 2021; 
Revision No. 1, dated February 23, 2021; Revision No. 2, dated March 
3, 2021; or Revision No. 3, dated March 18, 2021.

(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 
certification office, send it to the attention of the person 
identified in paragraph (m)(1) of this AD. Information may be 
emailed to: <a href="/cdn-cgi/l/email-protection#d998979cf4989df49894969a99bfb8b8f7beb6af"><span class="__cf_email__" data-cfemail="0f4e414a224e4b224e42404c4f696e6e21686079">[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#b9cedcded697ced8d7def9dfd8d897ded6cf"><span class="__cf_email__" data-cfemail="067163616928716768614660676728616970">[email protected]</span></a>.
    (2) For service information identified in this AD, contact 
Austro Engine GmbH, Rudolf-Diesel-Strasse 11, 2700 Weiner Neustadt, 
Austria; phone: +43 2622 23000; website: www.austroengine.at. You 
may view this referenced 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.

    Issued on September 7, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-19628 Filed 9-13-21; 8:45 am]
BILLING CODE 4910-13-P


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