AD 2012-15-01

[Federal Register Volume 77, Number 146 (Monday, July 30, 2012)]
[Rules and Regulations]
[Pages 44429-44432]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2012-18149]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0765; Directorate Identifier 2012-CE-028-AD; 
Amendment 39-17130; AD 2012-15-01]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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[[Page 44430]]

SUMMARY: We are adopting a new airworthiness directive (AD) for various 
aircraft equipped with Rotax Aircraft Engines 912 A series engine. This 
AD results from mandatory continuing airworthiness information (MCAI) 
issued by the aviation authority of another country to identify and 
correct an unsafe condition on an aviation product. The MCAI describes 
the unsafe condition as a deviation in the manufacturing process of 
fuel hoses installed on the pressure side of part number 893114 fuel 
pumps. The fuel hoses may not be fuel resistant, which could lead to 
detachment of particles from the fuel hose and cause irregularities in 
the carburetor function and possibly result in rough engine operation, 
engine misfire, in-flight engine shutdown, and forced landing. We are 
issuing this AD to require actions to address the unsafe condition on 
these products.

DATES: This AD is effective August 14, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of August 14, 
2012.
    We must receive comments on this AD by September 13, 2012.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. 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.
    For service information identified in this AD, contact BRP-
Powertrain GmbH & Co. KG, Welser Strasse 32, A-4623 Gunskirchen, 
Austria; phone: +43 7246 601 0; fax: +43 7246 601 9130; Internet: 
<a href="http://www.rotax-aircraft-engines.com">http://www.rotax-aircraft-engines.com</a>. You may review copies of the 
referenced service information at the FAA, Small Airplane Directorate, 
901 Locust, Kansas City, Missouri 64106. For information on the 
availability of this material at the FAA, call (816) 329-4148.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a>; 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 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; 
email: <a href="/cdn-cgi/l/email-protection#daa9bba8b0bbaaafa8f4b4bbbdbba8bbb0bbb49abcbbbbf4bdb5ac"><span class="__cf_email__" data-cfemail="1d6e7c6f777c6d686f33737c7a7c6f7c777c735d7b7c7c337a726b">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued AD 
No. 2012-0097R1, dated June 1, 2012 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
MCAI states:

    Reports from the field confirmed a non-compliance of pressure 
side fuel hoses installed on certain P/N 893114 fuel pumps, which 
may have resulted in a latent defect on a limited number of engines. 
The affected fuel hoses may not be fuel resistant in accordance with 
the specification.
    This condition, if not corrected, could lead to detachment of 
particles from the fuel hose and irregularities in the carburettor 
function, possibly resulting in in-flight engine shutdown and forced 
landing, damage to the aeroplane and injury to occupants.
    To address this potential unsafe condition, EASA issued 
Emergency AD 2012-0093-E to require the replacement of the pressure 
side fuel hose on certain fuel pumps, identified by P/N 893114. That 
AD also prohibited installation of an affected engine on an 
aeroplane, unless the fuel pump installation of that engine had been 
corrected as required by the AD.
    Since that AD was issued, the relevant BRP-Powertrain Alert 
Service Bulletin (ASB) ASB-912-061 has been revised (R1) to correct 
the list of affected P/N 893114 fuel pumps, identified by s/n. As 
some of these pumps (including potentially defective hoses) have 
been delivered as spares, they could also be installed on other 
engines than those specified by s/n in BRP-Powertrain ASB-912-061R1.
    For the reasons described above, this AD retains the 
requirements of EASA Emergency AD 2012-0093-E, which is superseded, 
expands the Applicability to all Rotax 912 series engines and 
corrects Table 1--Affected P/N 893114 fuel pumps. In addition, 2 
aeroplane types have been removed from the Applicability of this AD: 
Aeromot AMT 300 Turbo Super Ximango and Stemme S10 VT have a Rotax 
914 engine installed, not a Rotax 912.
    This AD has been revised to correct Table 1 of the Required 
Action(s) and Compliance Times(s) section, which did not contain all 
affected s/n fuel pumps.

This AD requires replacement of the pressure side fuel hose on the part 
number (P/N) 893114 fuel pump. This AD also prohibits the installation 
of an affected engine unless the pressure side fuel hose on the P/N 
893114 fuel pump has been replaced. You may obtain further information 
by examining the MCAI in the AD docket.

Relevant Service Information

    Rotax Aircraft Engines BRP has issued Alert Service Bulletin ASB-
912-061R1, dated May 31, 2012. 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 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 issuing this AD because we 
evaluated all information provided by the State of Design Authority and 
determined the unsafe condition exists and is likely to exist or 
develop on other products of the same type design.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because 
detachment of particles from the fuel hose on the pressure side of the 
fuel pump could cause engine damage and result in in-flight engine 
shutdown. Therefore, we determined that notice and opportunity for 
public comment before issuing this AD are impracticable and that good 
cause exists for making this amendment effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2012-0765; Directorate 
Identifier 2012-CE-028-AD'' at the beginning of your comments. We 
specifically invite comments on the

[[Page 44431]]

overall regulatory, economic, environmental, and energy aspects of this 
AD. We will consider all comments received by the closing date and may 
amend this AD because of those comments.
    We will post all comments we receive, without change, to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

Costs of Compliance

    We estimate that this AD will affect 50 products of U.S. registry. 
We also estimate that it will take about 3 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Required parts will cost about $300 per product.
    Based on these figures, we estimate the cost of the AD on U.S. 
operators to be $27,750, or $555 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 AD will not have federalism implications 
under Executive Order 13132. This AD will 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 this AD:
    (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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 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 adding the following new AD:

2012-15-01 Various Aircraft: Amendment 39-17130; Docket No. FAA-
2012-0765; Directorate Identifier 2012-CE-028-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective August 14, 
2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all serial numbers of the airplanes listed in 
table 1 to paragraph (c) of this AD, that are:
    (1) Equipped with a Rotax Aircraft Engines 912 A series engine, 
with a part number (P/N) 893114 fuel pump installed; and
    (2) certificated in any category.

              Table 1 to Paragraph (c)--Affected Airplanes
------------------------------------------------------------------------
    Type certificate holder           Aircraft model       Engine model
------------------------------------------------------------------------
Aeromot-Ind[uacute]stria         AMT-200................          912 A2
 Mec[acirc]nico-
 Metal[uacute]rgica Ltda.
Diamond Aircraft Industries....  HK 36 R ``SUPER                   912 A
                                  DIMONA''.
DIAMOND AIRCRAFT INDUSTRIES      HK 36 TS and HK 36 TC..          912 A3
 GmbH.
Diamond Aircraft Industries      DA20-A1................          912 A3
 Inc..
HOAC-Austria...................  DV 20 KATANA...........          912 A3
Iniziative Industriali Italiane  Sky Arrow 650 TC.......          912 A2
 S.p.A..
SCHEIBE-Flugzeugbau GmbH.......  SF 25C.................          912 A2
------------------------------------------------------------------------

(d) Subject

    Air Transport Association of America (ATA) Code 73: Engine Fuel 
and Control.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness 
information (MCAI) issued by the aviation authority of another 
country to identify and correct an unsafe condition on an aviation 
product. The MCAI describes the unsafe condition as a deviation in 
the manufacturing process of fuel hoses installed on the pressure 
side of P/N 893114 fuel pumps. The fuel hoses may not be fuel 
resistant, which could lead to detachment of particles from the fuel 
hose and cause irregularities in the carburetor function. We are 
issuing this AD to prevent failure of the fuel hose on the pressure 
side of the P/N 893114 fuel pump, which could result in rough engine 
operation, engine misfire, in-flight engine shutdown, and forced 
landing.

(f) Actions and Compliance

    Unless already done, do the following actions in accordance with 
Rotax Aircraft Engines BRP Alert Service Bulletin ASB-912-061R1, 
dated May 31, 2012.
    (1) Before further flight after August 14, 2012 (the effective 
date of this AD), replace the pressure side fuel hose on the P/N 
893114 fuel pump.
    (2) As of August 14, 2012 (the effective date of this AD), do 
not install a P/N 893114 fuel pump on any engine, unless the 
pressure side fuel hose of that fuel pump has been replaced as 
required in paragraph (f)(1) of this AD.
    (3) As of August 14, 2012 (the effective date of this AD), do 
not install on any airplane a Rotax 912 A series engine, unless the 
fuel pump installation of that engine has been corrected as required 
in paragraph (f)(1) of this AD.

(g) Other FAA AD Provisions

    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

[[Page 44432]]

Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, 
Kansas City, Missouri 64106; telephone: (816) 329-4145; fax: (816) 
329-4090; email: <a href="/cdn-cgi/l/email-protection#d0a3b1a2bab1a0a5a2febeb1b7b1a2b1bab1be90b6b1b1feb7bfa6"><span class="__cf_email__" data-cfemail="dba8baa9b1baabaea9f5b5babcbaa9bab1bab59bbdbabaf5bcb4ad">[email&#160;protected]</span></a>. 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, a federal agency may not conduct or sponsor, and a person 
is not required to respond to, nor shall a person be subject to a 
penalty for failure to comply with a collection of information 
subject to the requirements of the Paperwork Reduction Act unless 
that collection of information displays a current valid OMB Control 
Number. The OMB Control Number for this information collection is 
2120-0056. Public reporting for this collection of information is 
estimated to be approximately 5 minutes per response, including the 
time for reviewing instructions, completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Comments concerning the accuracy of this 
burden and suggestions for reducing the burden should be directed to 
the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn: 
Information Collection Clearance Officer, AES-200.

(h) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) AD No. 
2012-0097R1, dated June 1, 2012; and Rotax Aircraft Engines BRP 
Alert Service Bulletin ASB-912-061R1, dated May 31, 2012, for 
related information.

(i) Material Incorporated by Reference

    (1) You must use Rotax Aircraft Engines BRP Alert Service 
Bulletin ASB-912-061R1, dated May 31, 2012, to do the actions 
required by this AD, unless the AD specifies otherwise. The Director 
of the Federal Register approved the incorporation by reference 
(IBR) under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact BRP-
Powertrain GmbH & Co. KG, Welser Strasse 32, A-4623 Gunskirchen, 
Austria; phone: +43 7246 601 0; fax: +43 7246 601 9130; Internet: 
<a href="http://www.rotax-aircraft-engines.com">http://www.rotax-aircraft-engines.com</a>.
    (3) You may review copies of the referenced service information 
at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, 
Missouri 64106. For information on the availability of this material 
at the FAA, call (816) 329-4148.
    (4) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at an NARA facility, call 202-741-6030, or go to <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.

    Issued in Kansas City, Missouri, on July 17, 2012.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2012-18149 Filed 7-27-12; 8:45 am]
BILLING CODE 4910-13-P