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[Federal Register Volume 75, Number 98 (Friday, May 21, 2010)]
[Proposed Rules]
[Pages 28504-28506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12298]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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


Federal Register / Vol. 75, No. 98 / Friday, May 21, 2010 / Proposed 
Rules

[[Page 28504]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0522; Directorate Identifier 2010-CE-022-AD]
RIN 2120-AA64

Airworthiness Directives; Various Aircraft Equipped With Rotax 
Aircraft Engines 912 A Series Engines

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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

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) originated 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: This Airworthiness Directive (AD) results from reports of 
cracks in the engine crankcase. Austro Control GmbH (ACG) addressed the 
problem by issuing AD No 107R3 which was superseded by ACG AD A-2004-
01.
    The present AD supersedes the ACG AD A-2004-01. On one hand, 
introduction by Rotax of an optimized crankcase assembly has permitted 
to reduce applicability of the new AD, when based on engines' serial 
numbers (s/n). On the other hand, applicability is extended for some 
engines that may have been fitted with certain crankcase s/n, supplied 
as spare parts.
    In addition, accomplishment instructions given through the relevant 
Service Bulletins (SB) have been detailed to better locate engine's 
areas that are to be scrutinised.
    The proposed AD would require actions that are intended to address 
the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by July 6, 2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

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 proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (telephone (800) 647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

FOR FURTHER INFORMATION CONTACT: Sarjapur Nagarajan, Aerospace 
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas 
City, Missouri 64106; telephone: (816) 329-4145; fax: (816) 329-4090; 
e-mail: [email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2010-0522; 
Directorate Identifier 2010-CE-022-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 because of 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 we 
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
AD No.: 2007-0025, dated February 1, 2007 (referred to after this as 
``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    This Airworthiness Directive (AD) results from reports of cracks 
in the engine crankcase. Austro Control GmbH (ACG) addressed the 
problem by issuing AD No 107R3 which was superseded by ACG AD A-
2004-01.
    The present AD supersedes the ACG AD A-2004-01. On one hand, 
introduction by Rotax of an optimized crankcase assembly has 
permitted to reduce applicability of the new AD, when based on 
engines' serial numbers (s/n). On the other hand, applicability is 
extended for some engines that may have been fitted with certain 
crankcase s/n, supplied as spare parts.
    In addition, accomplishment instructions given through the 
relevant Service Bulletins (SB) have been detailed to better locate 
engine's areas that are to be scrutinised.
    The aim of this AD is to ensure that the requested engine power 
is available at any time to prevent a sudden loss of power that 
could lead to a hazardous situation in a low altitude phase of 
flight.

    The MCAI requires inspecting certain crankcases for cracks and 
replacing the crankcase if cracks are found.

The MCAI applies to all versions of Bombardier-Rotax GmbH 912 A, 912 F, 
and 912 S series engines. Versions of the 912 F series and 912 S series 
engines are type certificated in the United States. However, the Model 
912 A series engine installed in various aircraft does not have an 
engine type certificate; instead, the engine is part of the aircraft 
type design. You may obtain further information by examining the MCAI 
in the AD docket.

Relevant Service Information

    Rotax Aircraft Engines has issued Service Bulletin SB-912-029 R3, 
dated July 11, 2006. The actions described in this service information 
are intended to correct the unsafe condition identified in the MCAI.

[[Page 28505]]

FAA's Determination and Requirements of the Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with this State of Design Authority, 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 and determined the unsafe condition exists 
and is likely to exist or develop on other products of the same type 
design.

Differences Between This Proposed AD and the MCAI or Service 
Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    We estimate that this proposed AD will affect 60 products of U.S. 
registry. We also estimate that it would take about 3 work-hours per 
product to comply with the basic requirements of this proposed AD. The 
average labor rate is $85 per work-hour.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $15,300, or $255 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 20 work-hours and require parts costing $6,500, for a cost 
of $8,200 per product. We have no way of determining the number of 
products that may need these actions.

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, 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

    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:

Various Aircraft: Docket No. FAA-2010-0522; Directorate Identifier 
2010-CE-022-AD.

Comments Due Date

    (a) We must receive comments by July 6, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all serial numbers (S/N) of the following 
aircraft, equipped with a Rotax Aircraft Engines 912 A series engine 
with a crankcase assembly S/N up to and including S/N 27811, 
certificated in any category:

------------------------------------------------------------------------
   Type certificate holder      Aircraft model         Engine model
------------------------------------------------------------------------
Aeromot-Industrial Mecanico    AMT-200.........  912 A2
 Metalurgica tda..
Diamond Aircraft Industries..  HK 36 R ``SUPER   912 A
                                DIMONA''.
Diamond Aircraft Industries    HK 36 TS........  912 A3
 GmbH.                         HK 36 TC........  912 A3
Diamond Aircraft Industries    DA20-A1.........  912 A3
 Inc..
HOAC-Austria.................  DV 20 KATANA....  912 A3
Iniziative Industriali         Sky Arrow 650 TC  912 A2
 Italiane S.p.A..
SCHEIBE-Flugzeugbau GmbH.....  SF 25C..........  912 A2 or 912 A3
------------------------------------------------------------------------

Subject

    (d) Air Transport Association of America (ATA) Code 72: Engine.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    This Airworthiness Directive (AD) results from reports of cracks 
in the engine crankcase. Austro Control GmbH (ACG) addressed the 
problem by issuing AD No. 107R3 which was superseded by ACG AD A-
2004-01.

    The present AD supersedes the ACG AD A-2004-01. On one hand, 
introduction by Rotax of an optimized crankcase assembly has 
permitted to reduce applicability of the

[[Page 28506]]

new AD, when based on engines' serial numbers (s/n). On the other 
hand, applicability is extended for some engines that may have been 
fitted with certain crankcase s/n, supplied as spare parts.
    In addition, accomplishment instructions given through the 
relevant Service Bulletins (SB) have been detailed to better locate 
engine's areas that are to be scrutinised.
    The aim of this AD is to ensure that the requested engine power 
is available at any time to prevent a sudden loss of power that 
could lead to a hazardous situation in a low altitude phase of 
flight.

The MCAI requires inspecting certain crankcases for cracks and 
replacing the crankcase if cracks are found.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Within the next 50 hours time-in-service (TIS) after the 
effective date of this AD, inspect the engine crankcase for cracks 
following Rotax Aircraft Engines Service Bulletin SB-912-029 R3, 
dated July 11, 2006. Repetitively thereafter do the inspection at 
each 100-hour, annual, or progressive inspection or within 110 hours 
TIS since last inspection, whichever occurs first.
    (2) If cracks in the engine crankcase are found during any 
inspection required by paragraph (f)(1) of this AD, before further 
flight, replace the crankcase following Rotax Aircraft Engines 
Service Bulletin SB-912-029 R3, dated July 11, 2006.
    (3) Installing a crankcase that has a S/N 27812 or subsequent 
terminates the inspection requirements of paragraph (f)(1) of this 
AD.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Office, FAA, has the authority to approve AMOCs for this 
AD, if requested using the procedures found in 14 CFR 39.19. Send 
information to ATTN: Sarjapur Nagarajan, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4145; fax: (816) 329-4090; e-
mail: [email protected]. Before using any approved AMOC on 
any airplane to which the AMOC applies, notify your appropriate 
principal inspector (PI) in the FAA Flight Standards District Office 
(FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act (44 
U.S.C. 3501 et. seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Special Flight Permit

    (h) We are limiting the special flight permits for this AD by 
the following conditions if the crankcase is cracked or there is 
evidence of oil leakage from the crankcase:
    (1) Perform a leak check as follows:
    (i) Clean the crankcase surface to remove any oil.
    (ii) Warm up the engine to a minimum oil temperature of 50 
degrees C (120 degrees F). Information about warming up the engine 
can be found in the applicable line maintenance manual.
    (iii) Accelerate the engine to full throttle and stabilize at 
full throttle speed for a time period of 5 to 10 seconds. 
Information about performing a full throttle run can be found in the 
applicable line maintenance manual.
    (iv) Shutdown after running the engine at idle only long enough 
to prevent vapor locks in the cooling system and fuel system.
    (v) Inspect the crankcase for evidence of oil leakage. Oil 
wetting is permitted, but oil leakage of more than one drip in 3 
minutes after engine shutdown is not allowed.
    (2) Check the crankcase mean pressure to confirm that it is 1.46 
pounds-per-square inch gage (psig) (0.1 bar) or higher when checked 
at takeoff power to ensure proper return of oil from the crankcase 
to the oil tank. Information about checking crankcase mean pressure 
is available in the Lubrication System section of the applicable 
engine installation manual.
    (3) A ferry flight is not allowed if oil leakage exceeds one 
drip in 3 minutes or if crankcase mean pressure is below 1.46 psig.

Related Information

    (i) Refer to MCAI EASA AD No.: 2007-0025, dated February 1, 
2007; and Rotax Aircraft Engines Service Bulletin SB-912-029 R3, 
dated July 11, 2006, for related information. Contact BRP-Powertrain 
GMBH & Co KG, Welser Strasse 32, A-4623 Gunskirchen, Austria; phone: 
(+43) (0) 7246 601-0; fax: (+43) (0) 7246 6370; Internet: http://www.rotax.com, for a copy of this service information.

    Issued in Kansas City, Missouri, on May 14, 2010.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2010-12298 Filed 5-20-10; 8:45 am]
BILLING CODE 4910-13-P
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