[Federal Register Volume 75, Number 94 (Monday, May 17, 2010)]
[Proposed Rules]
[Pages 27487-27489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11643]


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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:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
    <bullet> 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.
    <bullet> Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    <bullet> 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: 
<a href="/cdn-cgi/l/email-protection#d3a7b2a1b2fdb0bbb2bab7b6a993b5b2b2fdb4bca5"><span class="__cf_email__" data-cfemail="0a7e6b786b2469626b636e6f704a6c6b6b246d657c">[email protected]</span></a>; 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: 
<a href="/cdn-cgi/l/email-protection#bbcfdac9da95d8d3dad2dfdec1fbdddada95dcd4cd"><span class="__cf_email__" data-cfemail="3e4a5f4c5f105d565f575a5b447e585f5f10595148">[email protected]</span></a>; 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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