Airworthiness Directives; Austro Engine GmbH Engines, 15733-15736 [2018-07540]
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Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Rules and Regulations
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
2018–07–17 Safran Helicopter Engines
(Type Certificate previously held by
Turbomeca, S.A.): Amendment 39–
19248; Docket No. FAA–2018–0184;
Product Identifier 2018–NE–07–AD.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Safran Helicopter
Engines, S.A., Arrius 2B1, 2B1A, 2B2, and
2K1 turboshaft engines with a power turbine
wheel (PTW) assembly having a serial
number listed in Appendix 2.1 of Safran
Helicopter Engines Mandatory Service
Bulletin (MSB) No. A319 72 2854, Version A,
dated February 9, 2018.
(d) Subject
Joint Aircraft System Component (JASC)
Code 7250, Turbine Section.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Actions
Within 20 flight hours or 30 days after the
effective date of this AD, whichever occurs
first:
(1) Inspect the PTW in accordance with
paragraph 2.4.2.3 of Safran Helicopter
Engines MSB No. A319 72 2854, Version A,
dated February 9, 2018; and
(2) If, as a result of the inspection required
by paragraph (g)(1) of this AD, any dampers
are found missing, replace the PTW with a
part eligible for installation before further
flight.
sradovich on DSK3GMQ082PROD with RULES
(h) Installation Prohibition
Do not install an engine with a PTW with
a serial number listed in Appendix 2.1 of
Safran Helicopter Engines MSB A319 72
2854, Version A, dated February 9, 2018,
unless all thirty-one blade dampers are
installed.
(i) 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,
15:50 Apr 11, 2018
Jkt 244001
(1) For more information about this AD,
contact Robert Green, Aerospace Engineer,
ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone: 781–238–
7754; fax: 781–238–7199; email:
robert.green@faa.gov.
(2) Refer to European Aviation Safety
Agency (EASA) AD 2018–0044, dated
February 14, 2018, for more information. You
may examine the EASA AD in the AD docket
on the internet at https://www.regulations.gov
by searching for and locating it in Docket No.
FAA–2018–0184.
(k) Material Incorporated by Reference
(e) Unsafe Condition
This AD was prompted by an engine
failure caused by missing turbine blade
dampers. We are issuing this AD to prevent
failure of a power turbine blade. The unsafe
condition, if not addressed, could result in
loss of engine power in flight and reduced
control of the helicopter.
(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) Safran Helicopter Engines Alert
Mandatory Service Bulletin No. A319 72
2854, Version A, dated February 9, 2018.
(ii) Reserved.
(3) For Safran Helicopter Engines service
information identified in this AD, contact
Safran Helicopter Engines, S.A., 40220
Tarnos, France; phone: (33) 05 59 74 40 00;
fax: (33) 05 59 74 45 15.
(4) You may view this service information
at FAA, Engine & Propeller Standards
Branch, 1200 District Avenue, Burlington,
MA. 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, call
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Burlington, Massachusetts, on
April 6, 2018.
Robert J. Ganley,
Manager, Engine and Propeller Standards
Branch, Aircraft Certification Service.
[FR Doc. 2018–07541 Filed 4–11–18; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2018–0153; Product
Identifier 2018–NE–03–AD; Amendment 39–
19247; AD 2018–07–16]
RIN 2120–AA64
(j) Related Information
(a) Effective Date
This AD is effective April 27, 2018.
VerDate Sep<11>2014
send it to the attention of the person
identified in paragraph (j)(1) of this AD. You
may email your request to: ANE-AD-AMOC@
faa.gov.
(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.
15733
Sfmt 4700
Airworthiness Directives; Austro
Engine GmbH Engines
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
We are adopting a new
airworthiness directive (AD) for all
Austro Engine GmbH model E4 and E4P
diesel piston engines. This AD requires
replacement of the waste gate controller
and the control rod circlip. This AD was
prompted by reports of broken or
disconnected turbocharger waste gate
control rods on some engines. We are
issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective April 27,
2018.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of April 27, 2018.
We must receive comments on this
AD by May 29, 2018.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://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.
For service information identified in
this final rule, contact Austro Engine
GmbH, Rudolf-Diesel-Strasse 11,
A–2700 Weiner Neustadt, Austria;
phone: +43 2622 23000; fax: +43 2622
23000–2711; internet:
www.austroengine.at. You may view
this service information at the FAA,
Engine & Propeller Standards Branch,
1200 District Avenue, Burlington, MA
01803. For information on the
SUMMARY:
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12APR1
15734
Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Rules and Regulations
availability of this material at the FAA,
call 781–238–7759. It is also available
on the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2018–
0153.
Examining the AD Docket
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2018–
0153; 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 regulatory evaluation, any
comments received, and other
information. The street address for the
Docket Operations (phone: 800–647–
5527) is listed above. Comments will be
available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT:
Robert Green, Aerospace Engineer, ECO
Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone: 781–
238–7754; fax: 781–238–7199; email:
robert.green@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Community, has issued EASA AD 2017–
0250, dated December 18, 2017 (referred
to after this as the MCAI), to address an
unsafe condition for the specified
products. The MCAI states:
Occurrences have been reported where, on
some engines, turbocharger waste gate
control rods were found broken and/or
disconnected. Investigation results indicate
that these failures were due to insufficient
fatigue life or improper handling of the waste
gate control rod and improper installation of
the non spring loaded waste gate control rod
circlip.
These conditions, if not corrected, could
lead to improper operation of the waste gate
with consequent engine power loss, possibly
resulting in reduced control of the aeroplane.
To address these potential unsafe
conditions, Austro Engine designed a new
spring loaded waste gate control rod circlip
and published Mandatory Service Bulletin
(MSB) MSB–E4–022, later revised, EASA AD
No. 2017–0250 introducing a life limit for the
affected waste gate controllers and waste gate
control rod circlips.
For the reason described above, this
[EASA] AD requires implementation of those
life limits, and prohibits reinstallation of non
spring loaded circlips.
You may obtain further information
by examining the MCAI in the AD
docket on the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2018–
0153.
Related Service Information Under 1
CFR Part 51
We reviewed Austro Engine
Mandatory Service Bulletin (MSB) No.
MSB–E4–022/2, Rev. No. 2, November
27, 2017. The MSB describes procedures
for replacement of the waste gate
controller and the control rod circlip.
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.
Other Related Service Information
We also reviewed Austro Engine
GmbH MSB No. MSB–E4–002/2, Rev.
No. 2, dated April 1, 2015. This MSB
describes E4 and E4P model engine
configurations.
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 us of
the unsafe condition described in the
MCAI and service information
referenced above. We are issuing this
AD because we 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.
AD Requirements
This AD requires replacement of the
waste gate controller and the control rod
circlip.
FAA’s Justification and Determination
of the Effective Date
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 waiving notice
and comment prior to adoption of this
rule because the compliance time for the
action is less than the time required for
public comment. The FAA has reviewed
and agrees with EASA’s determination
that certain affected waste gate
controller and control rod circlip must
be replaced within 50 flight hours or 2
months. Failure to replace these parts
within the required compliance times
could lead to improper operation of the
waste gate controller with consequent
engine power loss and reduced control
of the airplane. Therefore, we find good
cause that notice and opportunity for
prior public comment are impracticable.
In addition, for the reason stated above,
we find that good cause exists for
making this amendment effective in less
than 30 days.
Comments Invited
This AD is a final rule that involves
requirements affecting flight safety and
was not preceded by notice and an
opportunity for public comment.
However, we invite you to send any
written data, views, or arguments about
this final rule. Send your comments to
an address listed under the ADDRESSES
section. Include the docket number
FAA–2018–0153 and Product Identifier
2018–NE–03–AD at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this final rule. We will
consider all comments received by the
closing date and may amend this final
rule because of those comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this final rule.
Costs of Compliance
We estimate that this AD affects 211
engines installed on airplanes of U.S.
registry.
We estimate the following costs to
comply with this AD:
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ESTIMATED COSTS
Action
Labor cost
Replace Turbocharger Waste Gate Controller and
Circlip.
1.5 work-hours × $85 per hour =
$127.50.
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Parts cost
E:\FR\FM\12APR1.SGM
$235
12APR1
Cost per
product
$362.50
Cost on U.S.
operators
$76,488
Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Rules and Regulations
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.
This AD is issued in accordance with
authority delegated by the Executive
Director, Aircraft Certification Service,
as authorized by FAA Order 8000.51C.
In accordance with that order, issuance
of ADs is normally a function of the
Compliance and Airworthiness
Division, but during this transition
period, the Executive Director has
delegated the authority to issue ADs
applicable to engines, propellers, and
associated appliances to the Manager,
Engine and Propeller Standards Branch,
Policy and Innovation Division.
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 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
15735
2018–07–16 Austro Engine GmbH Engines:
Amendment 39–19247; Docket No.
FAA–2018–0153; Product Identifier
2018–NE–03–AD.
(a) Effective Date
This AD is effective April 27, 2018.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Austro Engine
GmbH model E4 and E4P diesel piston
engines.
(d) Subject
Joint Aircraft System Component (JASC)
Code 8560, Reciprocating Engine
Supercharger.
(e) Unsafe Condition
This AD was prompted by reports of
broken or disconnected turbocharger waste
gate control rods on some engines. We are
issuing this AD to prevent failure of the
turbocharger waste gate control rod. The
unsafe condition, if not addressed, could
result in loss of engine thrust control and
reduced control of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Actions
§ 39.13
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
(h) Installation Prohibition
(i) Definitions
(j) Credit for Previous Actions
Do not install on any engine a non-spring
loaded waste gate control rod circlip, part
number DIN6799–5, after the effective date of
this AD.
For the purpose of this AD, a Group 1
engine is an Austro Engine GmbH model E4–
B or E4–C engine installed on a DA 42 M–
NG airplane with external containers or an
E4–A engine. A Group 2 engine is any other
Austro Engine GmbH model E4 and E4P
engine.
You may take credit for replacement of the
waste gate controller and control rod circlip
required by paragraph (g) of this AD if you
performed this action before the effective
date of this AD using earlier versions of
Austro Engine MSB No. MSB–E4–022.
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15:50 Apr 11, 2018
Jkt 244001
Authority: 49 U.S.C. 106(g), 40113, 44701.
[Amended]
■
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ER12AP18.002
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Regulatory Findings
This AD will not have federalism
implications under Executive Order
13132. This AD will not have a
Within the compliance times identified in
Table 1 to paragraph (g) of this AD, and
thereafter at intervals not to exceed 250 flight
hours (FHs), replace the waste gate controller
and control rod circlip in accordance with
the Accomplishment Instructions, Paragraph
2.1, of Austro Engine GmbH Mandatory
Service Bulletin (MSB) No. MSB–E4–022/2,
Rev. No. 2, dated November 27, 2017.
1. The authority citation for part 39
continues to read as follows:
■
15736
Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Rules and Regulations
(k) Alternative Methods of Compliance
(AMOCs)
DEPARTMENT OF HOMELAND
SECURITY
(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 paragraph (l)(1) of this AD. You
may email your request to: ANE-AD-AMOC@
faa.gov.
(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.
(l) Related Information
(1) For more information about this AD,
contact Robert Green, Aerospace Engineer,
ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone: 781–238–
7754; fax: 781–238–7199; email:
robert.green@faa.gov.
(2) Refer to European Aviation Safety
Agency (EASA) AD 2017–0250, dated
December 18, 2017, for more information.
You may examine the EASA AD in the AD
docket on the internet at https://
www.regulations.gov by searching for and
locating it in Docket No. FAA–2018–0153.
sradovich on DSK3GMQ082PROD with RULES
[FR Doc. 2018–07540 Filed 4–11–18; 8:45 am]
BILLING CODE 4910–13–P
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15:50 Apr 11, 2018
Jkt 244001
19 CFR Part 149
[USCBP–2016–0040]
RIN 1651–AA98
CBP Decision No. 18–04; Definition of
Importer Security Filing Importer
U.S. Customs and Border
Protection, DHS.
ACTION: Final rule.
AGENCY:
This final rule adopts a
proposed amendment to expand the
definition of an Importer Security Filing
(ISF) Importer, the party that is
responsible for filing the ISF, for certain
types of shipments. The changes are
necessary to ensure that the definition
of ISF Importer includes parties that
have a commercial interest in the cargo
and the best access to the required
information.
SUMMARY:
DATES:
This rule is effective May 14,
2018.
FOR FURTHER INFORMATION CONTACT:
(m) 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–E4–022/2, Rev. No. 2,
dated November 27, 2017.
(ii) Reserved.
(3) For Austro Engine GmbH service
information identified in this AD, contact
Austro Engine GmbH, Rudolf-Diesel-Strasse
11, A–2700 Weiner Neustadt, Austria; phone:
+43 2622 23000; fax: +43 2622 23000–2711;
internet: www.austroengine.at.
(4) You may view this service information
at FAA, Engine & Propeller Standards
Branch, 1200 District Avenue, Burlington,
MA. 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, call
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Burlington, Massachusetts, on
April 3, 2018.
Robert J. Ganley,
Manager, Engine and Propeller Standards
Branch, Aircraft Certification Service.
U.S. Customs and Border Protection
Craig Clark, Branch Chief, Advance Data
Programs and Cargo Initiatives, Office of
Cargo and Conveyance Security, Office
of Field Operations by telephone at
202–344–3052 and email at craig.clark@
cbp.dhs.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Under CBP regulations, Importer
Security Filing (ISF) Importers, as
defined in 19 CFR 149.1, are required to
submit an ISF to CBP, which consists of
information pertaining to certain cargo
arriving by vessel. The ISF is required
to be submitted before the cargo is
loaded on a vessel that is destined to the
United States. For cargo other than
foreign cargo remaining on board
(FROB), the transmission of the ISF is
required no later than 24 hours before
cargo is laden aboard a vessel destined
to the United States. For FROB
shipments, the transmission of the ISF
is required any time prior to lading. See
19 CFR 149.2(b).
For shipments consisting of goods
intended to be entered into the United
States and goods intended to be
delivered to a foreign trade zone (FTZ),
ISF Importers, or their agents, must
submit 10 data elements to CBP. See 19
CFR 149.3(a). For shipments consisting
entirely of FROB and shipments
consisting entirely of goods intended to
be transported as Immediate Exportation
(IE) or Transportation and Exportation
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(T&E) in-bond shipments, ISF Importers,
or their agents, must submit five data
elements to CBP See 19 CFR 149.3(b).
Currently, an ISF Importer is
generally defined as the party causing
goods to arrive within the limits of a
port in the United States by vessel. See
19 CFR 149.1. The regulation provides
that generally the ISF Importer is the
goods’ owner, purchaser, consignee, or
agent such as a licensed customs broker.
However, the regulation limits the
definition of ISF Importer to certain
named parties for FROB, IE and T&E inbond shipments, and for merchandise
being entered into FTZ. For FROB cargo,
the regulation provides that the ISF
Importer is the carrier; for IE and T&E
in-bond shipments, and goods to be
delivered to an FTZ, the regulation
provides that the ISF Importer is the
party filing the IE, T&E, or FTZ
documentation.
Based on input from the trade as well
as CBP’s analysis, CBP concluded that
these limitations did not reflect
commercial reality and, in some cases,
designate a party as the ISF Importer
even though the party has no
commercial interest in the shipment and
limited access to the ISF data.
Therefore, in a notice of proposed
rulemaking (NPRM) published in the
Federal Register on July 6, 2016 (81 FR
43961), CBP proposed to expand the
definition of ISF Importer for FROB
cargo, for IE and T&E shipments and for
goods to be delivered to an FTZ.
For FROB shipments, CBP proposed
to broaden the definition of an ISF
Importer to include non-vessel
operating common carriers (NVOCCs).
For IE and T&E in-bond shipments, and
for goods to be delivered to an FTZ, CBP
proposed to broaden the definition of an
ISF Importer to also include the goods’
owner, purchaser, consignee, or agent
such as a licensed customs broker. This
rule adopts these proposals as final. By
broadening the definition to include
these parties, the responsibility to file
the ISF will be with the party causing
the goods to enter the limits of a port in
the United States and most likely to
have access to the required ISF
information.
For a detailed discussion of the
statutory and regulatory histories of the
rule, and the factors governing the
development of this rule, please refer to
the NPRM.
II. Discussion of Comments
CBP received two comments on the
proposed rule, and each raised a
number of issues. One comment favored
the proposed amendment with
recommended changes and one did not.
A summary of the significant issues
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Agencies
[Federal Register Volume 83, Number 71 (Thursday, April 12, 2018)]
[Rules and Regulations]
[Pages 15733-15736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07540]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2018-0153; Product Identifier 2018-NE-03-AD; Amendment
39-19247; AD 2018-07-16]
RIN 2120-AA64
Airworthiness Directives; Austro Engine GmbH Engines
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) for all
Austro Engine GmbH model E4 and E4P diesel piston engines. This AD
requires replacement of the waste gate controller and the control rod
circlip. This AD was prompted by reports of broken or disconnected
turbocharger waste gate control rods on some engines. We are issuing
this AD to address the unsafe condition on these products.
DATES: This AD is effective April 27, 2018.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 27,
2018.
We must receive comments on this AD by May 29, 2018.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://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.
For service information identified in this final rule, contact
Austro Engine GmbH, Rudolf-Diesel-Strasse 11, A-2700 Weiner Neustadt,
Austria; phone: +43 2622 23000; fax: +43 2622 23000-2711; internet:
www.austroengine.at. You may view this service information at the FAA,
Engine & Propeller Standards Branch, 1200 District Avenue, Burlington,
MA 01803. For information on the
[[Page 15734]]
availability of this material at the FAA, call 781-238-7759. It is also
available on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2018-0153.
Examining the AD Docket
You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0153; 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 regulatory evaluation, any comments received, and
other information. The street address for the Docket Operations (phone:
800-647-5527) is listed above. Comments will be available in the AD
docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Robert Green, Aerospace Engineer, ECO
Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 781-
238-7754; fax: 781-238-7199; email: [email protected].
SUPPLEMENTARY INFORMATION:
Discussion
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
AD 2017-0250, dated December 18, 2017 (referred to after this as the
MCAI), to address an unsafe condition for the specified products. The
MCAI states:
Occurrences have been reported where, on some engines,
turbocharger waste gate control rods were found broken and/or
disconnected. Investigation results indicate that these failures
were due to insufficient fatigue life or improper handling of the
waste gate control rod and improper installation of the non spring
loaded waste gate control rod circlip.
These conditions, if not corrected, could lead to improper
operation of the waste gate with consequent engine power loss,
possibly resulting in reduced control of the aeroplane.
To address these potential unsafe conditions, Austro Engine
designed a new spring loaded waste gate control rod circlip and
published Mandatory Service Bulletin (MSB) MSB-E4-022, later
revised, EASA AD No. 2017-0250 introducing a life limit for the
affected waste gate controllers and waste gate control rod circlips.
For the reason described above, this [EASA] AD requires
implementation of those life limits, and prohibits reinstallation of
non spring loaded circlips.
You may obtain further information by examining the MCAI in the AD
docket on the internet at https://www.regulations.gov by searching for
and locating Docket No. FAA-2018-0153.
Related Service Information Under 1 CFR Part 51
We reviewed Austro Engine Mandatory Service Bulletin (MSB) No. MSB-
E4-022/2, Rev. No. 2, November 27, 2017. The MSB describes procedures
for replacement of the waste gate controller and the control rod
circlip. 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.
Other Related Service Information
We also reviewed Austro Engine GmbH MSB No. MSB-E4-002/2, Rev. No.
2, dated April 1, 2015. This MSB describes E4 and E4P model engine
configurations.
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 us of the unsafe
condition described in the MCAI and service information referenced
above. We are issuing this AD because we 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.
AD Requirements
This AD requires replacement of the waste gate controller and the
control rod circlip.
FAA's Justification and Determination of the Effective Date
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 waiving notice and comment prior to adoption of this rule
because the compliance time for the action is less than the time
required for public comment. The FAA has reviewed and agrees with
EASA's determination that certain affected waste gate controller and
control rod circlip must be replaced within 50 flight hours or 2
months. Failure to replace these parts within the required compliance
times could lead to improper operation of the waste gate controller
with consequent engine power loss and reduced control of the airplane.
Therefore, we find good cause that notice and opportunity for prior
public comment are impracticable. In addition, for the reason stated
above, we find that good cause exists for making this amendment
effective in less than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment. However, we invite you to send any written data, views, or
arguments about this final rule. Send your comments to an address
listed under the ADDRESSES section. Include the docket number FAA-2018-
0153 and Product Identifier 2018-NE-03-AD at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this final rule. We will
consider all comments received by the closing date and may amend this
final rule because of those comments.
We will post all comments we receive, without change, to https://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this final rule.
Costs of Compliance
We estimate that this AD affects 211 engines installed on airplanes
of U.S. registry.
We estimate the following costs to comply with this AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
Replace Turbocharger Waste Gate 1.5 work-hours x $85 per $235 $362.50 $76,488
Controller and Circlip. hour = $127.50.
----------------------------------------------------------------------------------------------------------------
[[Page 15735]]
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.
This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to engines, propellers, and
associated appliances to the Manager, Engine and Propeller Standards
Branch, Policy and Innovation Division.
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 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 airworthiness
directive (AD):
2018-07-16 Austro Engine GmbH Engines: Amendment 39-19247; Docket
No. FAA-2018-0153; Product Identifier 2018-NE-03-AD.
(a) Effective Date
This AD is effective April 27, 2018.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Austro Engine GmbH model E4 and E4P
diesel piston engines.
(d) Subject
Joint Aircraft System Component (JASC) Code 8560, Reciprocating
Engine Supercharger.
(e) Unsafe Condition
This AD was prompted by reports of broken or disconnected
turbocharger waste gate control rods on some engines. We are issuing
this AD to prevent failure of the turbocharger waste gate control
rod. The unsafe condition, if not addressed, could result in loss of
engine thrust control and reduced control of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
Within the compliance times identified in Table 1 to paragraph
(g) of this AD, and thereafter at intervals not to exceed 250 flight
hours (FHs), replace the waste gate controller and control rod
circlip in accordance with the Accomplishment Instructions,
Paragraph 2.1, of Austro Engine GmbH Mandatory Service Bulletin
(MSB) No. MSB-E4-022/2, Rev. No. 2, dated November 27, 2017.
[GRAPHIC] [TIFF OMITTED] TR12AP18.002
(h) Installation Prohibition
Do not install on any engine a non-spring loaded waste gate
control rod circlip, part number DIN6799-5, after the effective date
of this AD.
(i) Definitions
For the purpose of this AD, a Group 1 engine is an Austro Engine
GmbH model E4-B or E4-C engine installed on a DA 42 M-NG airplane
with external containers or an E4-A engine. A Group 2 engine is any
other Austro Engine GmbH model E4 and E4P engine.
(j) Credit for Previous Actions
You may take credit for replacement of the waste gate controller
and control rod circlip required by paragraph (g) of this AD if you
performed this action before the effective date of this AD using
earlier versions of Austro Engine MSB No. MSB-E4-022.
[[Page 15736]]
(k) 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 paragraph (l)(1) of this AD. You may email your
request to: [email protected].
(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.
(l) Related Information
(1) For more information about this AD, contact Robert Green,
Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone: 781-238-7754; fax: 781-238-7199; email:
[email protected].
(2) Refer to European Aviation Safety Agency (EASA) AD 2017-
0250, dated December 18, 2017, for more information. You may examine
the EASA AD in the AD docket on the internet at https://www.regulations.gov by searching for and locating it in Docket No.
FAA-2018-0153.
(m) 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-
022/2, Rev. No. 2, dated November 27, 2017.
(ii) Reserved.
(3) For Austro Engine GmbH service information identified in
this AD, contact Austro Engine GmbH, Rudolf-Diesel-Strasse 11, A-
2700 Weiner Neustadt, Austria; phone: +43 2622 23000; fax: +43 2622
23000-2711; internet: www.austroengine.at.
(4) You may view this service information at FAA, Engine &
Propeller Standards Branch, 1200 District Avenue, Burlington, MA.
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, call 202-741-6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Burlington, Massachusetts, on April 3, 2018.
Robert J. Ganley,
Manager, Engine and Propeller Standards Branch, Aircraft Certification
Service.
[FR Doc. 2018-07540 Filed 4-11-18; 8:45 am]
BILLING CODE 4910-13-P