[Federal Register Volume 75, Number 109 (Tuesday, June 8, 2010)]
[Proposed Rules]
[Pages 32315-32317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13170]



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DEPARTMENT OF TRANSPORTATION



Federal Aviation Administration



14 CFR Part 39



[Docket No. FAA-2010-0329; Directorate Identifier 2010-CE-016-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).



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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) 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:



    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 causing excessive 

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 23, 2010.



ADDRESSES: You may send comments by any of the following methods:

    <bullet> Federal eRulemaking Portal: Go to http://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: 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: <a href="/cdn-cgi/l/email-protection#ddaebcafb7bcada8aff3b3bcbabcafbcb7bcb39dbbbcbcf3bab2ab"><span class="__cf_email__" data-cfemail="0c7f6d7e666d7c797e22626d6b6d7e6d666d624c6a6d6d226b637a">[email protected]</span></a>.



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-2010-0329; 

Directorate Identifier 2010-CE-016-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.: 2007-0060R1-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.

    Non-compliance with these instructions could result in engine 

damages, personal injuries or death.



    The MCAI requires replacing the affected fuel pumps with a 

different part number fuel pump.

    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-912-053, 

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 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 .5 work-hour per 

product to



[[Page 32316]]



comply with the basic requirements of 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 $41,550, or $692.50 per product.



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-2010-0329; Directorate Identifier 

2010-CE-016-AD.



Comments Due Date



    (a) We must receive comments by July 23, 2010.



Affected ADs



    (b) None.



Applicability



    (c) This AD applies to all serial numbers of the following 

aircraft, equipped with a Rotax Aircraft Engines 912 A series engine 

with fuel pumps, part numbers (P/Ns) 892230, 892232, 892540 

(standard version) or P/Ns 892235, 892236, 892545 (version including 

flexible fuel line) installed, and certificated in any category:



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

    Type certificate holder         Aircraft model        Engine model

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

Aeromot-Industria Mecanico      AMT-200...............  912 A2.

 Metalurgica ltda.

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 73: Engine 

Fuel and Control.



Reason



    (e) The mandatory continuing airworthiness information (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.

    Non-compliance with these instructions could result in engine 

damages, personal injuries or death.

    We are issuing this AD to prevent the pump from causing 

excessive 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. The MCAI requires replacing the affected 

fuel pumps with a different part number fuel pump.



Actions and Compliance



    (f) Unless already done, do the following actions:

    (1) Within the next 25 hours time-in-service after the effective 

date of this AD, replace fuel pump P/N 892230, 892232, 892540, 

892235, 892236, or 892545 with an FAA-approved fuel pump that does 

not have one of the P/Ns referenced above following Rotax Aircraft 

Engines Service Bulletin SB-912-053, dated April 13, 2007.

    (2) As of the effective date of this AD do not install fuel pump 

P/N 892230, 892232, 892540, 892235, 892236, or 892545, on any 

airplane.



FAA AD Differences



    Note: 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 an FAA-approved fuel pump that does not have 

one of the P/Ns referenced in paragraph (f)(1) of this AD.



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: <a href="/cdn-cgi/l/email-protection#bdcedccfd7dccdc8cf93d3dcdadccfdcd7dcd3fddbdcdc93dad2cb"><span class="__cf_email__" data-cfemail="d4a7b5a6beb5a4a1a6fabab5b3b5a6b5beb5ba94b2b5b5fab3bba2">[email protected]</span></a>. Before using any approved AMOC on 

any airplane to which the AMOC applies, notify your appropriate



[[Page 32317]]



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.



Related Information



    (h) Refer to MCAI EASA AD No.: 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-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 26, 2010.

Steven W. Thompson,

Acting Manager, Small Airplane Directorate, Aircraft Certification 

Service.

[FR Doc. 2010-13170 Filed 6-7-10; 8:45 am]

BILLING CODE 4910-13-P




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