[Federal Register Volume 73, Number 178 (Friday, September 12, 2008)]
[Proposed Rules]
[Pages 52932-52934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21282]


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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.

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Federal Register / Vol. 73, No. 178 / Friday, September 12, 2008 / 
Proposed Rules

[[Page 52932]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0842; Directorate Identifier 2008-NE-24-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier-Rotax GmbH 914 F Series 
Reciprocating Engines

AGENCY: Federal Aviation Administration (FAA), 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) 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:

    Occurrence of cracks in the exhaust muffler in the area of the 
exhaust bottom and exhaust flange were reported, which could lead to 
toxic contamination inside the cabin.

We are proposing this AD to prevent carbon monoxide contamination in 
the cockpit, which can adversely affect the pilot, and possibly result 
in loss of control of the aircraft.

DATES: We must receive comments on this proposed AD by October 14, 
2008.

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.

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: Richard Woldan, Aerospace Engineer, 
Engine Certification Office, FAA, Engine and Propeller Directorate, 12 
New England Executive Park; Burlington, MA 01803; telephone (781) 238-
7136; fax (781) 238-7199.

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-2008-0842; 
Directorate Identifier 2008-NE-24-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 2006-0127, dated May 18, 2006 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    Occurrence of cracks in the exhaust muffler in the area of the 
exhaust bottom and exhaust flange were reported, which could lead to 
toxic contamination inside the cabin.

You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Bombardier-Rotax GmbH has issued Service Bulletin SB-914-028 R1, 
dated November 8, 2004. 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 Austria 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 75 products of U.S. registry. We also estimate that 
it would take about 2 work-hours per product to comply with this 
proposed AD. The average labor rate is $80 per work-hour. Required 
parts would cost about $1,674 per product. Based on these figures, we 
estimate the cost of the proposed AD on U.S. operators to be $137,550. 
Our cost estimate is exclusive of possible warranty coverage.

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:

[[Page 52933]]

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 Rotax GmbH): Docket No. FAA-2008-
0842; Directorate Identifier 2008-NE-24-AD.

Comments Due Date

    (a) We must receive comments by October 14, 2008.

Affected Airworthiness Directives (ADs)

    (b) None.

Applicability

    (c) This AD applies to Bombardier-Rotax GmbH 914 F series 
reciprocating engines with engine exhaust muffler, part number (P/N) 
979402 or 979404, with serial numbers (SNs) listed in Table 1 of 
this AD, installed. These engines are installed on, but not limited 
to, Aeromot-Industria Mecanico Metalurgica, AMT-300 (Turbo Ximango 
Shark), Diamond Aircraft Industries, HK 36 TTS, HK 36 TTC, HK 36 
TTC-ECO, and Stemme GmbH & Co. KG, S10-VT series powered sailplanes.

                            Table 1--Affected Exhaust Mufflers by Group, P/N, and SN
----------------------------------------------------------------------------------------------------------------
                 Group                                    P/N                                  SN
----------------------------------------------------------------------------------------------------------------
(1) A.................................  979402................................  02.0001 through 02.0322,
                                                                                 03.0002, 03.0005, 03.0011,
                                                                                 03.0015, 03.0017, 03.0028,
                                                                                 03.0029, 03.0037, 03.0038,
                                                                                 03.0040, 03.0050, 03.0069,
                                                                                 03.0072, 03.0073, 03.0078,
                                                                                 03.0080 through 03.0086,
                                                                                 03.0088 through 03.0090,
                                                                                 03.0092 through 03.0101,
                                                                                 03.0103, and 03.0108.
(2) B.................................  979402................................  03.0001, 03.0003, 03.0004,
                                                                                 03.0006, 03.0007 through
                                                                                 03.0010, 03.0012 through
                                                                                 03.0014, 03.0016, 03.0018
                                                                                 through 03.0027, 03.0030
                                                                                 through 03.0036, 03.0039,
                                                                                 03.0041 through 03.0049,
                                                                                 03.0051 through 03.0068,
                                                                                 03.0070, 03.0071, 03.0074
                                                                                 through 03.0077, 03.0079,
                                                                                 03.0087, 03.0091, 03.0102, and
                                                                                 03.0104 through 03.0107.
                                        979404................................  03.0200 through 04.0799.
----------------------------------------------------------------------------------------------------------------

Reason

    (d) Occurrence of cracks in the exhaust muffler in the area of 
the exhaust bottom and exhaust flange were reported, which could 
lead to toxic contamination inside the cabin.
    We are proposing this AD to prevent carbon monoxide 
contamination in the cockpit, which can adversely affect the pilot, 
and possibly result in loss of control of the aircraft.

Actions and Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified unless the 
actions have already been done.

Initial Visual Inspection

Group A Exhaust Mufflers

    (f) For exhaust mufflers specified in Group A of Table 1 of this 
AD, within 50 hours of operation after the effective date of this 
AD, do the following:
    (1) Perform a visual inspection around the fillet weld of the 
exhaust inlet flange and around the weld of the exhaust outlet for 
evidence of leakage or cracks. Information on inspecting the exhaust 
muffler can be found in Bombardier-Rotax GmbH 914 F Service Bulletin 
SB-914-028 R1, dated November 8, 2004.
    (2) If you see evidence of an exhaust leak or cracks, replace 
the exhaust muffler.

Group B Exhaust Mufflers

    (g) For exhaust mufflers specified in Group B of Table 1 of this 
AD, within 50 hours of operation after the effective date of this 
AD, do the following:
    (1) Perform a visual inspection around the weld of the exhaust 
outlet for evidence of leakage or cracks. Information on inspecting 
the exhaust muffler can be found in Bombardier-Rotax GmbH 914 F 
Service Bulletin SB-914-028 R1, dated November 8, 2004.
    (2) If you see evidence of an exhaust leak or cracks, replace 
the exhaust muffler.

Repetitive Visual Inspections

    (h) Within 50 hours of operation since the last inspection, 
perform the actions specified in paragraphs (f)(1) through (f)(2) 
and (g)(1) through (g)(2) of this AD.

FAA AD Differences

    (i) None.

Other FAA AD Provisions

    (j) 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

    (k) Refer to MCAI EASA Airworthiness Directive 2006-0127, dated 
May 18, 2006, and Bombardier-Rotax GmbH 914 F Service Bulletin SB-
914-028 R1, dated November 8, 2004, for related information.
    (l) Contact Richard Woldan, Aerospace Engineer, Engine 
Certification Office, FAA, Engine and Propeller Directorate, 12 New 
England Executive Park, Burlington, MA 01803, telephone (781) 238-
7136; fax (781) 238-7199, for more information about this AD.


[[Page 52934]]


    Issued in Burlington, Massachusetts, on September 5, 2008.
Peter A. White,
Assistant Manager, Engine and Propeller Directorate, Aircraft 
Certification Service.
[FR Doc. E8-21282 Filed 9-11-08; 8:45 am]
BILLING CODE 4910-13-P