Airworthiness Directives; Austro Engine GmbH Engines, 70442-70445 [2020-24539]

Download as PDF khammond on DSKJM1Z7X2PROD with RULES 70442 Federal Register / Vol. 85, No. 215 / Thursday, November 5, 2020 / Rules and Regulations of the local flight standards district office/ certificate holding district office. (ii) AMOCs approved previously as specified in paragraph (j)(1)(ii) of AD 2019– 03–17 are approved as AMOCs for the corresponding provisions of paragraph (g) of this AD. (2) Contacting the Manufacturer: For any requirement in this AD to obtain instructions from a manufacturer, the instructions must be accomplished using a method approved by the Manager, Large Aircraft Section, International Validation Branch, FAA; or EASA; or Airbus SAS’s EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature. (3) Required for Compliance (RC): For any service information referenced in EASA AD 2020–0067 that contains RC procedures and tests: Except as required by paragraph (l)(2) of this AD, RC procedures and tests must be done to comply with this AD; any procedures or tests that are not identified as RC are recommended. Those procedures and tests that are not identified as RC may be deviated from using accepted methods in accordance with the operator’s maintenance or inspection program without obtaining approval of an AMOC, provided the procedures and tests identified as RC can be done and the airplane can be put back in an airworthy condition. Any substitutions or changes to procedures or tests identified as RC require approval of an AMOC. Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. This material may be found in the AD docket on the internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2020–0590. (7) You may view this material that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email fedreg.legal@ nara.gov, or go to: https://www.archives.gov/ federal-register/cfr/ibr-locations.html. (m) Related Information For more information about this AD, contact Sanjay Ralhan, Aerospace Engineer, Large Aircraft Section, International Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206–231–3223; email sanjay.ralhan@ faa.gov. Airworthiness Directives; Austro Engine GmbH Engines (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 this AD specifies otherwise. (3) The following service information was approved for IBR on December 10, 2020. (i) European Union Aviation Safety Agency (EASA) AD 2020–0067, dated March 23, 2020. (ii) [Reserved] (4) The following service information was approved for IBR on April 3, 2019 (84 FR 6315, February 27, 2019). (i) Airbus A318/A319/A320/A321 Airworthiness Limitations Section (ALS) Part 3, Certification Maintenance Requirements (CMR), Revision 06, dated June 13, 2018. (ii) [Reserved] (5) For EASA AD 2020–0067, contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; Internet www.easa.europa.eu. You may find this EASA AD on the EASA website at https:// ad.easa.europa.eu. (6) You may view this material at the FAA, Airworthiness Products Section, Operational VerDate Sep<11>2014 18:31 Nov 04, 2020 Jkt 253001 Issued on October 21, 2020. Lance T. Gant, Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2020–24527 Filed 11–4–20; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2019–0664; Project Identifier 2018–NE–03–AD; Amendment 39– 21310; AD 2020–22–14] RIN 2120–AA64 Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: The FAA is superseding Airworthiness Directive (AD) 2018–07– 16 for all Austro Engine GmbH model E4 and E4P diesel piston engines. AD 2018–07–16 required initial and repetitive replacement of the waste gate controller and the control rod circlip. This AD retains the requirements of AD 2018–07–16 and requires engine modification by installing a waste gate control-rod fail-safe bridge and new spring-loaded circlip that terminates the initial and repetitive replacement requirements of AD 2018–07–16. This AD was prompted by the development of a modification of the waste gate control rod by adding a fail-safe bridge and spring-loaded circlip. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective December 10, 2020. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of December 10, 2020. ADDRESSES: For service information identified in this final rule, contact Austro Engine GmbH, Rudolf-DieselStrasse 11, A–2700 Weiner Neustadt, SUMMARY: PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 Austria; phone: +43 2622 23000; fax: +43 2622 23000–2711; internet: 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 on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA–2019–0664. 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–2019– 0664; 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 AD, the mandatory continuing airworthiness information (MCAI), any comments received, and other information. The address for Docket Operations is U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Barbara Caufield, Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 781–238–7146; fax: 781–238–7199; email: barbara.caufield@faa.gov. SUPPLEMENTARY INFORMATION: Discussion The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2018–07–16, Amendment 39–19247 (83 FR 15733, April 12, 2018), (‘‘AD 2018–07–16’’). AD 2018–07–16 applied to all Austro Engine GmbH model E4 and E4P diesel piston engines. The NPRM published in the Federal Register on October 23, 2019 (84 FR 56707). The NPRM was prompted by the development of a modification of the waste gate controlrod by adding a fail-safe bridge and spring-loaded circlip. The NPRM proposed to retain all of the requirements of AD–2018–07–16. The NPRM also proposed engine modification by installing the waste gate control rod fail-safe bridge and new spring-loaded circlip as terminating action for the initial and repetitive replacement of the waste gate controller and the control rod circlip. The FAA is issuing this AD to address the unsafe condition on these products. The European Union Aviation Safety Agency (EASA), which is the Technical E:\FR\FM\05NOR1.SGM 05NOR1 Federal Register / Vol. 85, No. 215 / Thursday, November 5, 2020 / Rules and Regulations Agent for the Member States of the European Community, has issued EASA AD 2018–0125, dated June 6, 2018 (referred to after this as ‘‘the MCAI’’), to address the unsafe condition on these products. The MCAI states: Occurrences were 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 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 this potential unsafe condition, Austro Engine designed a new spring loaded circlip and published MSB–E4–022 (later revised), introducing a life limit for the affected waste gate controllers and circlips. Consequently, EASA issued AD 2017–0250, requiring implementation of those life limits, and prohibiting reinstallation of non-springloaded circlips. Since that [EASA] AD was issued, Austro Engine developed a modification, which allows replacing the waste gate controller and the circlip on condition, and issued the MSB accordingly. For the reason stated above, this [EASA] AD retains the requirements of EASA AD 2017–0250, which is superseded, and requires an engine modification by installing a waste-gate control-rod fail-safe bridge and a new circlip, which cancels the life limitations. Update to the Service Information The FAA determined the need to incorporate the latest service information in this AD. The FAA revised the references to Austro Engine Mandatory Service Bulletin (MSB) No. MSB–E4–022 (the MSB), in paragraphs (g) and (h) of this AD from Rev. No. 3, dated April 16, 2018, to Rev. No. 5, dated December 12, 2018. Rev. No. 5 of the MSB retains the same instructions for initial and repetitive replacement of the waste gate controller and the control rod circlip as Rev. No. 3. Rev No. 5 of the MSB also includes the same instructions as Rev. No. 3 for modification of an engine by installing a waste gate control rod fail-safe bridge and a new spring-loaded circlip. The FAA is, therefore, revising the references in paragraph (g) and (h) of this AD from Rev. No. 3 to Rev. No. 5 of the MSB so that operators may avoid unnecessary submission of alternative methods of compliance requests. Update to Credit for Previous Actions The FAA revised paragraph (j)(2) of this AD to allow credit for the performance of the terminating action in paragraph (h) of this AD, if that terminating action was completed before the effective date of this AD using Rev. No. 4, dated September 12, 2018, or Rev. No. 3, dated April 16, 2018, of the MSB to perform the terminating action. Comments The FAA gave the public the opportunity to participate in developing this AD. The FAA received no comments on the NPRM or on the determination of the cost to the public. 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–2019– 0664. 70443 Conclusion The FAA reviewed the relevant data and determined that air safety and the public interest require adopting this AD with the changes described previously and minor editorial changes. The FAA has determined that these minor changes: • Are consistent with the intent that was proposed in the NPRM for addressing the unsafe condition; and • Do not add any additional burden upon the public than was already proposed in the NPRM. Related Service Information Under 1 CFR Part 51 The FAA reviewed Austro Engine MSB No. MSB–E4–022/5, Rev. No. 5, dated December 12, 2018. The MSB describes procedures for initial and repetitive replacement of the waste gate controller and the control rod circlip. The MSB also describes procedures for the installation of the waste gate control-rod fail-safe bridge and new spring-loaded circlip as terminating action for the initial and repetitive replacement procedures of the MSB. 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. Costs of Compliance The FAA estimates that this AD affects 211 engines installed on airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD: ESTIMATED COSTS khammond on DSKJM1Z7X2PROD with RULES Cost on U.S. operators Labor cost Replace waste gate controller and control rod circlip. Install waste gate control rod fail-safe bridge and new spring-loaded circlip. 0.5 work-hours × $85 per hour = $42.50 ....... $235 $277.50 $58,552.50 0.5 work-hours × $85 per hour = $42.50 ....... 227 269.50 56,864.50 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 VerDate Sep<11>2014 18:31 Nov 04, 2020 Jkt 253001 Parts cost Cost per product Action 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. PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 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: E:\FR\FM\05NOR1.SGM 05NOR1 Federal Register / Vol. 85, No. 215 / Thursday, November 5, 2020 / Rules and Regulations (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866, (2) Will not affect intrastate aviation in Alaska, 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. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. The Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. (2) Within 200 FH or six months, whichever occurs first after the effective date of this AD, modify the engine by installing a waste gate control rod fail-safe bridge and a new spring-loaded circlip in accordance with the Accomplishment/Instructions, Paragraph 2.1, Terminating Action, of Austro Engine GmbH MSB No. MSB–E4–022/5, Rev. No. 5, dated December 12, 2018. khammond on DSKJM1Z7X2PROD with RULES (h) Terminating Action Modification of an engine by installing a waste gate control rod fail-safe bridge and a new spring-loaded circlip, in accordance with the Accomplishment/Instructions, Paragraph 2.1, Terminating Action, of Austro Engine MSB No. MSB–E4–022/5, Rev. No. 5, dated December 12, 2018, is terminating action for the initial and repetitive replacement requirements of paragraph (g)(1) of this AD for that engine. 18:31 Nov 04, 2020 Jkt 253001 (e) Unsafe Condition [Amended] 2. The FAA amends § 39.13 by removing Airworthiness Directive (AD) 2018–07–16, Amendment 39–19247 (83 FR 15733, April 12, 2018), and adding the following new AD: ■ 2020–22–14 Austro Engine GmbH: Amendment 39–21310; Docket No. FAA– 2019–0664; Project Identifier 2018–NE–03– AD. (a) Effective Date This AD is effective December 10, 2020. (b) Affected ADs This AD replaces AD 2018–07–16, Amendment 39–19247 (83 FR 15733, April 12, 2018). (c) Applicability This AD applies to all Austro Engine GmbH model E4 and E4P diesel piston engines. PART 39—AIRWORTHINESS DIRECTIVES VerDate Sep<11>2014 § 39.13 (d) Subject Joint Aircraft System Component (JASC) Code 8560, Reciprocating Engine Supercharger. (i) Definitions For the purpose of this AD, a Group 1 engine is an Austro Engine GmbH model E4– A engine, or an Austro Engine GmbH model E4–B or E4–C engine installed on a DA 42 M–NG airplane with external containers. A Group 2 engine is any other Austro Engine GmbH model E4 and E4P engine. (j) Credit for Previous Actions (1) You may take credit for initial and repetitive replacements of the waste gate controller and control rod circlip required by paragraph (g)(1) of this AD if you performed this action before the effective date of this AD using Austro Engine MSB No. MSB–E4–022/ 3, Rev. No. 3, dated April 16, 2018, or earlier versions. (2) You may take credit for the terminating action in paragraph (h) of this AD if you performed the terminating action before the PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 This AD was prompted by reports of broken or disconnected turbocharger waste gate control rods on some engines. The FAA is 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 (1) Within the compliance times identified in Table 1 to paragraph (g)(1) 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, Initial Action or Repetitive Action, of Austro Engine Mandatory Service Bulletin (MSB) No. MSB–E4–022/5, Rev. No. 5, dated December 12, 2018. effective date of this AD using Austro Engine MSB No. MSB–E4–022/4, Rev. No. 4, dated September 12, 2018, or Rev. No. 3, dated April 16, 2018. (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: ANE-AD-AMOC@ faa.gov. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager E:\FR\FM\05NOR1.SGM 05NOR1 ER05NO20.009</GPH> 70444 Federal Register / Vol. 85, No. 215 / Thursday, November 5, 2020 / Rules and Regulations of the local flight standards district office/ certificate holding district office. DEPARTMENT OF LABOR (l) Related Information Employment and Training Administration (1) For more information about this AD, contact Barbara Caufield, Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 781– 238–7146; fax: 781–238–7199; email: barbara.caufield@faa.gov. (2) Refer to European Union Aviation Safety Agency (EASA) AD 2018–0125, dated June 6, 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–2019–0664. (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–E4–022/5, Rev. No. 5, dated December 12, 2018. (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 referenced 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 fedreg.legal@nara.gov, or go to: https:// www.archives.gov/federal-register/cfr/ibrlocations.html. Issued on October 20, 2020. Gaetano A. Sciortino, Deputy Director for Strategic Initiatives, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2020–24539 Filed 11–4–20; 8:45 am] khammond on DSKJM1Z7X2PROD with RULES BILLING CODE 4910–13–P VerDate Sep<11>2014 18:31 Nov 04, 2020 Jkt 253001 [DOL Docket No. ETA–2019–0007] RIN 1205–AB89 Adverse Effect Wage Rate Methodology for the Temporary Employment of H–2A Nonimmigrants in Non-Range Occupations in the United States Employment and Training Administration, Department of Labor. ACTION: Final rule. AGENCY: The Department of Labor (Department or DOL) is amending its regulations governing the certification of agricultural labor or services to be performed by temporary foreign workers in H–2A nonimmigrant status (H–2A workers). Specifically, the Department is amending its regulations to revise the methodology by which it determines the hourly Adverse Effect Wage Rates (AEWRs) for non-range agricultural occupations using wage data reported by the U.S. Department of Agriculture’s (USDA) Farm Labor Survey (FLS) and the Department’s Bureau of Labor Statistics (BLS) Occupational Employment Statistics (OES) survey. This final rule improves the consistency and accuracy of the AEWRs based on the actual work being performed by H– 2A workers, and establishes better stability and predictability for employers to comply with their wage obligations. These regulations are consistent with the Secretary of Labor’s (Secretary) statutory responsibility to certify that the employment of H–2A workers will not adversely affect the wages and working conditions of workers in the United States similarly employed. While the Department intends to address all of the remaining proposals from the July 26, 2019 proposed rule in a subsequent, second final rule governing other aspects of the certification of agricultural labor or services to be performed by H–2A workers and enforcement of the contractual obligations applicable to employers of such nonimmigrant workers, the Department focused this final rule on the immediate need for regulatory action to revise the methodology by which it determines the hourly AEWRs for non-range agricultural occupations before the end of the calendar year. DATES: This final rule is effective December 21, 2020. PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 For further information regarding 20 CFR part 655, contact Brian Pasternak, Administrator, Office of Foreign Labor Certification, Employment and Training Administration, Department of Labor, 200 Constitution Avenue NW, Room N– 5311, Washington, DC 20210, telephone: (202) 693–8200 (this is not a toll-free number). Individuals with hearing or speech impairments may access the telephone numbers above via TTY/TDD by calling the toll-free Federal Information Relay Service at 1 (877) 889–5627. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: 20 CFR Part 655 SUMMARY: 70445 I. Executive Summary A. Purpose for the Regulatory Action The Department has determined that this rulemaking is necessary to ensure that employers can access legal agricultural labor, without undue cost or administrative burden, while maintaining the program’s strong protections for the U.S. workforce. This rulemaking also promotes and advances the goals of Executive Order (E.O.) 13788, Buy American and Hire American.1 The ‘‘Hire American’’ directive of the E.O. articulates that it is a policy of the Executive Branch to rigorously enforce and administer the laws governing entry of nonimmigrant workers into the United States in order to create higher wages and employment rates for U.S. workers and to protect their economic interests.2 It directs Federal agencies, including the Department, to propose new rules and issue new guidance to prevent fraud and abuse in nonimmigrant visa programs, thereby protecting U.S. workers.3 Consistent with the E.O.’s principles and the goal of modernizing the H–2A program, this final rule amends the methodology by which the Department determines the hourly AEWRs for nonrange agricultural occupations using wage data reported by the USDA FLS and the BLS OES survey. It also makes minor revisions related to the regulatory definition of the AEWR to conform to the methodology changes adopted in this final rule and to more clearly distinguish the hourly AEWRs applicable to non-range occupations from the monthly AEWR applicable to range occupations under 20 CFR 655.200 through 655.235. 1 See E.O. 13788 (Apr. 18, 2017), 82 FR 18837 (Apr. 21, 2017). 2 Id. at sec. 2(b); see also DOL, U.S. Secretary of Labor Protects Americans, Directs Agencies to Aggressively Confront Visa Program Fraud and Abuse (June 6, 2017), https://www.dol.gov/ newsroom/releases/opa/opa20170606. 3 E.O. 13788, sec. 5. E:\FR\FM\05NOR1.SGM 05NOR1

Agencies

[Federal Register Volume 85, Number 215 (Thursday, November 5, 2020)]
[Rules and Regulations]
[Pages 70442-70445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24539]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0664; Project Identifier 2018-NE-03-AD; Amendment 
39-21310; AD 2020-22-14]
RIN 2120-AA64


Airworthiness Directives; Austro Engine GmbH Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2018-07-16 
for all Austro Engine GmbH model E4 and E4P diesel piston engines. AD 
2018-07-16 required initial and repetitive replacement of the waste 
gate controller and the control rod circlip. This AD retains the 
requirements of AD 2018-07-16 and requires engine modification by 
installing a waste gate control-rod fail-safe bridge and new spring-
loaded circlip that terminates the initial and repetitive replacement 
requirements of AD 2018-07-16. This AD was prompted by the development 
of a modification of the waste gate control rod by adding a fail-safe 
bridge and spring-loaded circlip. The FAA is issuing this AD to address 
the unsafe condition on these products.

DATES: This AD is effective December 10, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 10, 
2020.

ADDRESSES: 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, 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 on the internet at https://www.regulations.gov by searching 
for and locating Docket No. FAA-2019-0664.

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-2019-
0664; 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 AD, the mandatory continuing airworthiness information (MCAI), any 
comments received, and other information. The address for Docket 
Operations is U.S. Department of Transportation, Docket Operations, M-
30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue 
SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Barbara Caufield, Aerospace Engineer, 
ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 
781-238-7146; fax: 781-238-7199; email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2018-07-16, Amendment 39-19247 (83 FR 
15733, April 12, 2018), (``AD 2018-07-16''). AD 2018-07-16 applied to 
all Austro Engine GmbH model E4 and E4P diesel piston engines. The NPRM 
published in the Federal Register on October 23, 2019 (84 FR 56707). 
The NPRM was prompted by the development of a modification of the waste 
gate control-rod by adding a fail-safe bridge and spring-loaded 
circlip. The NPRM proposed to retain all of the requirements of AD-
2018-07-16. The NPRM also proposed engine modification by installing 
the waste gate control rod fail-safe bridge and new spring-loaded 
circlip as terminating action for the initial and repetitive 
replacement of the waste gate controller and the control rod circlip. 
The FAA is issuing this AD to address the unsafe condition on these 
products.
    The European Union Aviation Safety Agency (EASA), which is the 
Technical

[[Page 70443]]

Agent for the Member States of the European Community, has issued EASA 
AD 2018-0125, dated June 6, 2018 (referred to after this as ``the 
MCAI''), to address the unsafe condition on these products. The MCAI 
states:

    Occurrences were 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 
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 this potential unsafe condition, Austro Engine 
designed a new spring loaded circlip and published MSB-E4-022 (later 
revised), introducing a life limit for the affected waste gate 
controllers and circlips. Consequently, EASA issued AD 2017-0250, 
requiring implementation of those life limits, and prohibiting 
reinstallation of non-spring-loaded circlips.
    Since that [EASA] AD was issued, Austro Engine developed a 
modification, which allows replacing the waste gate controller and 
the circlip on condition, and issued the MSB accordingly. For the 
reason stated above, this [EASA] AD retains the requirements of EASA 
AD 2017-0250, which is superseded, and requires an engine 
modification by installing a waste-gate control-rod fail-safe bridge 
and a new circlip, which cancels the life limitations.

    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-2019-0664.

Update to the Service Information

    The FAA determined the need to incorporate the latest service 
information in this AD. The FAA revised the references to Austro Engine 
Mandatory Service Bulletin (MSB) No. MSB-E4-022 (the MSB), in 
paragraphs (g) and (h) of this AD from Rev. No. 3, dated April 16, 
2018, to Rev. No. 5, dated December 12, 2018. Rev. No. 5 of the MSB 
retains the same instructions for initial and repetitive replacement of 
the waste gate controller and the control rod circlip as Rev. No. 3. 
Rev No. 5 of the MSB also includes the same instructions as Rev. No. 3 
for modification of an engine by installing a waste gate control rod 
fail-safe bridge and a new spring-loaded circlip. The FAA is, 
therefore, revising the references in paragraph (g) and (h) of this AD 
from Rev. No. 3 to Rev. No. 5 of the MSB so that operators may avoid 
unnecessary submission of alternative methods of compliance requests.

Update to Credit for Previous Actions

    The FAA revised paragraph (j)(2) of this AD to allow credit for the 
performance of the terminating action in paragraph (h) of this AD, if 
that terminating action was completed before the effective date of this 
AD using Rev. No. 4, dated September 12, 2018, or Rev. No. 3, dated 
April 16, 2018, of the MSB to perform the terminating action.

Comments

    The FAA gave the public the opportunity to participate in 
developing this AD. The FAA received no comments on the NPRM or on the 
determination of the cost to the public.

Conclusion

    The FAA reviewed the relevant data and determined that air safety 
and the public interest require adopting this AD with the changes 
described previously and minor editorial changes. The FAA has 
determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Austro Engine MSB No. MSB-E4-022/5, Rev. No. 5, 
dated December 12, 2018. The MSB describes procedures for initial and 
repetitive replacement of the waste gate controller and the control rod 
circlip. The MSB also describes procedures for the installation of the 
waste gate control-rod fail-safe bridge and new spring-loaded circlip 
as terminating action for the initial and repetitive replacement 
procedures of the MSB. 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.

Costs of Compliance

    The FAA estimates that this AD affects 211 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
----------------------------------------------------------------------------------------------------------------
Replace waste gate controller and       0.5 work-hours x $85 per            $235         $277.50      $58,552.50
 control rod circlip.                    hour = $42.50.
Install waste gate control rod fail-    0.5 work-hours x $85 per             227          269.50       56,864.50
 safe bridge and new spring-loaded       hour = $42.50.
 circlip.
----------------------------------------------------------------------------------------------------------------

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:

[[Page 70444]]

    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, 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.

List of Subjects in 14 CFR Part 39

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

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 removing Airworthiness Directive (AD) 
2018-07-16, Amendment 39-19247 (83 FR 15733, April 12, 2018), and 
adding the following new AD:

2020-22-14 Austro Engine GmbH: Amendment 39-21310; Docket No. FAA-
2019-0664; Project Identifier 2018-NE-03-AD.

(a) Effective Date

    This AD is effective December 10, 2020.

(b) Affected ADs

    This AD replaces AD 2018-07-16, Amendment 39-19247 (83 FR 15733, 
April 12, 2018).

(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. The FAA is 
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

    (1) Within the compliance times identified in Table 1 to 
paragraph (g)(1) 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, Initial Action or Repetitive Action, of 
Austro Engine Mandatory Service Bulletin (MSB) No. MSB-E4-022/5, 
Rev. No. 5, dated December 12, 2018.
[GRAPHIC] [TIFF OMITTED] TR05NO20.009

    (2) Within 200 FH or six months, whichever occurs first after 
the effective date of this AD, modify the engine by installing a 
waste gate control rod fail-safe bridge and a new spring-loaded 
circlip in accordance with the Accomplishment/Instructions, 
Paragraph 2.1, Terminating Action, of Austro Engine GmbH MSB No. 
MSB-E4-022/5, Rev. No. 5, dated December 12, 2018.

(h) Terminating Action

    Modification of an engine by installing a waste gate control rod 
fail-safe bridge and a new spring-loaded circlip, in accordance with 
the Accomplishment/Instructions, Paragraph 2.1, Terminating Action, 
of Austro Engine MSB No. MSB-E4-022/5, Rev. No. 5, dated December 
12, 2018, is terminating action for the initial and repetitive 
replacement requirements of paragraph (g)(1) of this AD for that 
engine.

(i) Definitions

    For the purpose of this AD, a Group 1 engine is an Austro Engine 
GmbH model E4-A engine, or an Austro Engine GmbH model E4-B or E4-C 
engine installed on a DA 42 M-NG airplane with external containers. 
A Group 2 engine is any other Austro Engine GmbH model E4 and E4P 
engine.

(j) Credit for Previous Actions

    (1) You may take credit for initial and repetitive replacements 
of the waste gate controller and control rod circlip required by 
paragraph (g)(1) of this AD if you performed this action before the 
effective date of this AD using Austro Engine MSB No. MSB-E4-022/3, 
Rev. No. 3, dated April 16, 2018, or earlier versions.
    (2) You may take credit for the terminating action in paragraph 
(h) of this AD if you performed the terminating action before the 
effective date of this AD using Austro Engine MSB No. MSB-E4-022/4, 
Rev. No. 4, dated September 12, 2018, or Rev. No. 3, dated April 16, 
2018.

(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

[[Page 70445]]

of the local flight standards district office/certificate holding 
district office.

(l) Related Information

    (1) For more information about this AD, contact Barbara 
Caufield, Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue, 
Burlington, MA 01803; phone: 781-238-7146; fax: 781-238-7199; email: 
[email protected].
    (2) Refer to European Union Aviation Safety Agency (EASA) AD 
2018-0125, dated June 6, 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-2019-0664.

(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-
022/5, Rev. No. 5, dated December 12, 2018.
    (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 referenced 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 [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on October 20, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.

[FR Doc. 2020-24539 Filed 11-4-20; 8:45 am]
BILLING CODE 4910-13-P