AD 2021-09-04

[Federal Register Volume 86, Number 77 (Friday, April 23, 2021)]
[Rules and Regulations]
[Pages 21637-21641]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-08558]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0311; Project Identifier MCAI-2021-00244-E; 
Amendment 39-21517; AD 2021-09-04]
RIN 2120-AA64


Airworthiness Directives; Austro Engine GmbH Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Austro Engine GmbH E4 and E4P model diesel piston engines. This AD was 
prompted by reports of an oil pump blockage on E4 model diesel piston 
engines. This AD requires replacing a certain oil pump as well as the 
oil filter and engine oil. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective May 10, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 10, 
2021.
    The FAA must receive comments on this AD by June 7, 2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this final rule, contact 
Austro Engine GmbH, Rudolf-Diesel-Strasse 11, 2700 Weiner Neustadt, 
Austria; phone: +43 2622 23000 2525; website: www.austroengine.at. You 
may view this service information at the FAA, Airworthiness Products 
Section, Operational Safety Branch, 1200 District Avenue, Burlington, 
MA 01803. For information on the availability of this material at the 
FAA, call (781) 238-7759. It is also available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2021-
0311.

Examining the AD Docket

    You may examine the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by 
searching for and locating Docket No. FAA-2021-0311; or in person at 
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The AD docket contains this final rule, the 
mandatory continuing airworthiness information (MCAI), any comments 
received, and other information. The street address for the Docket 
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Wego Wang, Aviation Safety Engineer, 
ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 
(781) 238-7134; fax: (781) 238-7199; email: <a href="/cdn-cgi/l/email-protection#82f5e7e5edacf5e3ece5c2e4e3e3ace5edf4"><span class="__cf_email__" data-cfemail="423527252d6c35232c25022423236c252d34">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    The European Union Aviation Safety Agency (EASA), which is the 
Technical Agent for the Member States of the European Community, issued 
EASA Emergency AD 2021-0055-E, dated February 25, 2021. EASA Emergency 
AD 2021-0055-E was revised by EASA AD 2021-0055R1, dated March 10, 
2021. EASA AD 2021-0055R1 was superseded by EASA AD 2021-0094, dated 
March 31, 2021 (referred to after this as ``the MCAI''), to address the 
unsafe condition on these products. The MCAI states:

    Occurrences were reported of oil pump blockage on E4-A and E4-B 
engines. Subsequent investigation determined that the blockage was 
caused by oil contamination with casting sand from the production 
process of oil pump P/N E4A-50-000-BHY. A blocked oil pump causes 
failure of the engine lubrication system. The root cause was found 
in the sand casted oil pump housing cleaning process, which was not 
properly performed.
    This condition, if not corrected, could lead to engine in-flight 
shut-down with consequent forced landing, possibly resulting in 
damage to the aeroplane and injury to occupants.
    To address this potential unsafe condition, Austro Engine 
published the SB at original issue (later revised to add affected 
part s/n) to provide instructions to replace the affected oil pumps, 
and EASA issued AD 2021-0055-E to require replacement of affected 
parts, and replacement of the oil and filter.

[[Page 21638]]

Subsequently, [EASA] AD 2021-0055R1 was issued to refer to the SB at 
Revision 2, where certain engines were removed from the 
applicability. The SB at Revision 2 also expanded the list of 
affected part s/n, but without impact on [EASA] AD compliance, as 
all added s/n were still in stock and would not be delivered to 
operators anymore. Since that [EASA] AD was issued, it was 
determined that affected parts are installed on additional engines, 
and Austro Engine published the SB at Revision 3 to correct the list 
of affected engine s/n. An additional oil pump replacement option 
was introduced with SB Revision 4 (with no further change to the 
list of affected engines/parts).
    For the reason described above, this [EASA] AD retains the 
requirements of EASA AD 2021-0055R1, which is superseded, and refers 
to the SB at Revision 4 (including the additional engine s/n and the 
new oil pump replacement option). This [EASA] AD also expands the 
Applicability to include all engines where the affected part is 
eligible for installation, and prohibits (re)installation of an 
affected part on all engines.

    You may obtain further information by examining the MCAI in the AD 
docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating 
Docket No. FAA-2021-0311.

FAA's Determination

    This product has been approved by EASA and is approved for 
operation in the United States. Pursuant to our bilateral agreement 
with the European Community, EASA has notified the FAA of the unsafe 
condition described in the MCAI and service information. The FAA is 
issuing this AD because the agency evaluated all the relevant 
information provided by EASA and determined the unsafe condition 
described previously is likely to exist or develop in other products of 
the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Austro Engine GmbH Mandatory Service Bulletin No. 
MSB-E4-030/4, Revision No. 4, dated March 30, 2021 (the MSB). This 
service information specifies procedures for replacing the affected oil 
pumps installed on E4 and E4P model diesel piston engines. This service 
information also specifies procedures for replacing the oil filter and 
engine oil installed on these engines. In addition, this service 
information identifies the applicable serial numbers (S/Ns) of affected 
E4 and E4P model diesel piston engines, the affected oil pumps 
requiring replacement, and an additional oil pump replacement option. 
This service information is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in the ADDRESSES section.

AD Requirements

    This AD requires removing the affected oil pump from service and 
replacing it with a part eligible for installation. This AD also 
requires replacing the oil filter and engine oil.

Differences Between the AD and the MCAI or Service Information

    The MSB specifies that the removed oil pump must be returned to 
Austro Engine GmbH. The MSB specifies that information, including the 
engine flight hours (FHs) recorded at the time of the oil pump 
replacement, must be sent to Austro Engine GmbH. This AD does not 
mandate sending the removed oil pump or information, including the 
engine flight hours recorded at the time of oil pump replacement, to 
Austro Engine GmbH.
    The MSB also specifies that for all engines with 10 FHs or less, to 
replace the affected oil pump, oil filter, and engine oil before the 
next flight. Whereas, this AD requires, for Group 1 and Group 2 engines 
with 10 FHs or less, replacement of the affected oil pump, oil filter, 
and engine oil within 30 days, before accumulating 10 FHs, or during 
the next scheduled maintenance, whichever occurs first after the 
effective date of this AD.

Interim Action

    The FAA considers this AD an interim action. If final action is 
later identified, the FAA might consider further rulemaking.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies foregoing notice and comment prior to adoption of this rule. 
The FAA received reports of an oil pump blockage on the E4, configured 
as E4-A and E4-B, model diesel piston engines. The manufacturer 
subsequently determined that the blockage was caused by oil 
contamination with casting sand from the production process of the oil 
pump. Austro Engine issued service information providing instructions 
for replacement of a certain oil pump, oil filter, and engine oil 
installed on E4 and E4P model diesel piston engines.
    A blocked oil pump can result in failure of the engine lubrication 
system, resulting in failure of the engine, in-flight shutdown, and 
loss of the airplane. The FAA considers a blocked oil pump to be an 
urgent safety issue that requires immediate action to avoid loss of the 
airplane. Accordingly, notice and opportunity for prior public comment 
are impracticable and contrary to the public interest pursuant to 5 
U.S.C. 553(b)(3)(B). In addition, the FAA finds that good cause exists 
pursuant to 5 U.S.C. 553(d) for making this amendment effective in less 
than 30 days, for the same reasons the FAA found good cause to forego 
notice and comment.

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2021-0311 and Project Identifier 
MCAI-2021-00244-E'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this AD contain commercial 
or financial information that is customarily treated as private,

[[Page 21639]]

that you actually treat as private, and that is relevant or responsive 
to this AD, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this AD. Submissions containing CBI should be sent to Wego 
Wang, Aviation Safety Engineer, ECO Branch, FAA, 1200 District Avenue, 
Burlington, MA 01803. Any commentary that the FAA receives which is not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not 
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt 
a rule without prior notice and comment. Because FAA has determined 
that it has good cause to adopt this rule without prior notice and 
comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 55 engines installed on 
airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Remove and replace the oil pump, oil    16 work-hours x $85 per           $1,488          $1,360         $74,800
 filter, and engine oil.                 hour = $1,360.
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some of the costs of this AD 
may be covered under warranty, thereby reducing the cost impact on 
affected operators.

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.
    The FAA is 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

    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, and
    (2) Will not affect intrastate aviation in Alaska.

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 airworthiness 
directive:

2021-09-04 Austro Engine GmbH: Amendment 39-21517; Docket No. FAA-
2021-0311; Project Identifier MCAI-2021-00244-E.

(a) Effective Date

    This airworthiness directive (AD) is effective May 10, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Austro Engine GmbH E4 and E4P model 
diesel piston engines.

(d) Subject

    Joint Aircraft System Component (JASC) Code 8550, Reciprocating 
Engine Oil System.

(e) Unsafe Condition

    This AD was prompted by reports of an oil pump blockage on the 
E4 model diesel piston engines. The FAA is issuing this AD to 
prevent failure of the engine lubrication system. The unsafe 
condition, if not addressed, could result in failure of the engine, 
in-flight shutdown, and loss of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions

    Within the compliance time specified in Table 1 to paragraph (g) 
of this AD:
    (1) Remove the oil pump, part number (P/N) E4A-50-000-BHY, from 
service and replace with a part eligible for installation using the 
Accomplishment/Instructions, paragraph 2.2.1 or paragraph 2.2.2, of 
Austro Engine GmbH Mandatory Service Bulletin No. MSB-E4-030/4, 
Revision 4, dated March 30, 2021 (the MSB), as applicable.
    (2) Replace the oil filter and engine oil using the 
Accomplishment/Instructions, paragraph 2.2.1 or paragraph 2.2.2, of 
the MSB, as applicable.

[[Page 21640]]

[GRAPHIC] [TIFF OMITTED] TR23AP21.000

(h) No Reporting Requirements

    The reporting requirements in the Accomplishment/Instructions, 
paragraph 2.2., of the MSB, are not required by this AD.

(i) Installation Prohibition

    After the effective date of this AD, do not install onto any 
engine an oil pump having a P/N and serial number (S/N) listed in 
paragraph 1.2., Engines Affected, of the MSB.

(j) Definitions

    For the purpose of this AD:
    (1) Group 1 engines are E4 model diesel piston engines in 
configuration ``-A'' that are installed on single-engine airplanes.
    (2) Group 2 engines are E4 model diesel piston engines in 
configuration ``-B'' or ``-C'' and E4P model diesel piston engines 
that are installed on twin-engine airplanes.
    (3) A part eligible for installation is an oil pump with a P/N 
and S/N that is not listed in paragraph 1.2., Engines Affected, of 
the MSB.

(k) Credit for Previous Actions

    You may take credit for replacing the oil pump, oil filter, and 
engine oil required by paragraph (g) of this AD if you performed 
these replacements before the effective date of this AD using the 
Accomplishment/Instructions, paragraph 2.2., of Austro Engine GmbH 
MSB No. MSB-E4-030, Original Issue, dated February 18, 2021; 
Revision 1, dated February 23, 2021; Revision 2, dated March 3, 
2021; or Revision 3, dated March 18, 2021.

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, ECO Branch, FAA, has the authority to approve 
AMOCs for this AD, if requested using the procedures found in 14 CFR 
39.19. In accordance with 14 CFR 39.19, send your request to your 
principal inspector or local Flight Standards District Office, as 
appropriate. If sending information directly to the manager of the 
certification office, send it to the attention of the person 
identified in Related Information. Information may be emailed to: 
<a href="/cdn-cgi/l/email-protection#e2a3aca7cfa3a6cfa3afada1a2848383cc858d94"><span class="__cf_email__" data-cfemail="81c0cfc4acc0c5acc0cccec2c1e7e0e0afe6eef7">[email&#160;protected]</span></a>.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(m) Related Information

    (1) For more information about this AD, contact Wego Wang, 
Aviation Safety Engineer, ECO Branch, FAA, 1200 District Avenue, 
Burlington, MA 01803; phone: (781) 238-7134; fax: (781) 238-7199; 
email: <a href="/cdn-cgi/l/email-protection#0a7d6f6d65247d6b646d4a6c6b6b246d657c"><span class="__cf_email__" data-cfemail="116674767e3f66707f76517770703f767e67">[email&#160;protected]</span></a>.
    (2) Refer to European Union Aviation Safety Agency (EASA) AD 
2021-0094, dated March 31, 2021, for more information. You may 
examine the EASA AD in the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> 
by searching for and locating it in Docket No. FAA-2021-0311.

(n) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Austro Engine GmbH Mandatory Service Bulletin No. MSB-E4-
030/4, Revision 4, dated March 30, 2021.
    (ii) [Reserved]
    (3) For service information identified in this AD, you may 
contact Austro Engine GmbH, Rudolf-Diesel-Strasse 11, 2700 Weiner 
Neustadt, Austria; phone: +43 2622 23000 2525; website: 
www.austroengine.at.
    (4) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 1200 
District Avenue, Burlington, MA 01803. For information on the 
availability of this material at the FAA, call (781) 238-7759.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email: <a href="/cdn-cgi/l/email-protection#c8aeadacbaadafe6a4adafa9a488a6a9baa9e6afa7be"><span class="__cf_email__" data-cfemail="1c7a79786e797b3270797b7d705c727d6e7d327b736a">[email&#160;protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.


[[Page 21641]]


    Issued on April 14, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-08558 Filed 4-21-21; 8:45 am]
BILLING CODE 4910-13-P