Airworthiness Directives; Austro Engine GmbH Engines, 4471-4476 [2022-01818]
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Federal Register / Vol. 87, No. 19 / Friday, January 28, 2022 / Rules and Regulations
(4) Insured depository institution as
trustee of an irrevocable trust. Deposits
held by an insured depository
institution in its capacity as trustee of
an irrevocable trust are insured as
provided in § 330.12.
§ 330.13
■
[Removed and Reserved]
5. Remove and reserve § 330.13.
Federal Deposit Insurance Corporation.
By order of the Board of Directors.
Dated at Washington, DC, this 21st day of
January, 2022.
James P. Sheesley,
Assistant Executive Secretary.
[FR Doc. 2022–01607 Filed 1–27–22; 8:45 am]
BILLING CODE 6714–01–P
FEDERAL DEPOSIT INSURANCE
CORPORATION
12 CFR Part 370
Notification to Institutions Covered by
the FDIC’s Recordkeeping for Timely
Deposit Insurance Determination Rule
Regarding Amendments to the Deposit
Insurance Coverage Rules
Federal Deposit Insurance
Corporation (FDIC).
ACTION: Notification.
AGENCY:
The FDIC is publishing this
notification to insured depository
institutions covered by its
Recordkeeping for Timely Deposit
Insurance Determination rule that it has
amended its deposit insurance coverage
rules for certain trust accounts and
mortgage servicing accounts and such
amendments will take effect on April 1,
2024. The FDIC is publishing this
notification to specify for covered
institutions that they must prepare
updates or changes to their deposit
insurance calculation capabilities as a
result of the amendments, and such
changes must be implemented and
operational on April 1, 2024, the
effective date of the amendments.
DATES: January 28, 2022.
FOR FURTHER INFORMATION CONTACT:
Cassandra Knighton, Section Chief,
Division of Complex Institution
Supervision and Resolution, (972) 761–
2802, cknighton@FDIC.gov; Shane
Kiernan, Counsel, Legal Division, (202)
898–8512, skiernan@fdic.gov.
SUPPLEMENTARY INFORMATION: The FDIC
is providing notice to insured
depository institutions covered by its
rule entitled ‘‘Recordkeeping for Timely
Deposit Insurance Determination,’’ 12
CFR part 370 (each a ‘‘covered
institution’’ under ‘‘part 370’’), that it
amended its deposit insurance coverage
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SUMMARY:
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rules for certain trust accounts and
mortgage servicing accounts on January
21, 2022 (the ‘‘amendments’’). The
amendments take effect on April 1,
2024. The FDIC delayed the effective
date of the amendments until April 1,
2024, to provide time before the
amendments take effect to: Insured
depository institutions and their
depositors to review deposit insurance
coverage and adjust their deposit
account arrangements and deposit
relationships, if desired; FDIC staff to
reprogram the information technology
infrastructure that the FDIC uses to
determine deposit insurance coverage
and to make payment to insured
depositors and update the FDIC’s
deposit insurance coverage
publications, including publications
that provide guidance to covered
institutions; and covered institutions to
prepare to implement changes to
recordkeeping and information
technology capabilities required under
part 370.
Part 370 generally requires each
covered institution to implement the
information technology system and
recordkeeping capabilities needed to
quickly calculate the amount of deposit
insurance coverage available for each
deposit account in the event of failure
(‘‘part 370 capabilities’’). Pursuant to
§ 370.10(d), ‘‘[a] covered institution will
not be considered to be in violation of
this part as a result of a change in law
that alters the availability or calculation
of deposit insurance for such period as
specified by the FDIC following the
effective date of such change.’’ 12 CFR
370.10(d). The FDIC is publishing this
document pursuant to § 370.10(d) to
specify for covered institutions that they
must prepare updates or changes to
their part 370 capabilities as a result of
the amendments, and such changes
must be implemented and operational
on April 1, 2024, the effective date of
the amendments. The delayed effective
date of the amendments provides
covered institutions with at least 24
months following adoption to prepare
the updates or changes to their part 370
capabilities. Therefore, the FDIC is not
providing an additional period of time
pursuant to § 370.10(d) after April 1,
2024.
Federal Deposit Insurance Corporation.
Dated at Washington, DC, on January 21,
2022.
James P. Sheesley,
Assistant Executive Secretary.
[FR Doc. 2022–01608 Filed 1–27–22; 8:45 am]
BILLING CODE 6714–01–P
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2022–0013; Project
Identifier MCAI–2021–01371–E; Amendment
39–21920; AD 2022–03–03]
RIN 2120–AA64
Airworthiness Directives; Austro
Engine GmbH Engines
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
The FAA is superseding
Airworthiness Directive (AD) 2021–22–
20 which applied to certain Austro
Engine GmbH E4 and E4P model diesel
piston engines. AD 2021–22–20
required, for engines with an affected
cylinder head, inspection of the high
pressure pump (HPP) driving gear and,
depending on the results of the
inspection, replacement of the HPP
driving gear with a part eligible for
installation. AD 2021–22–20 also
required, for engines with an affected
HPP driving gear, replacement of the
HPP driving gear before further flight or
within a certain number of flight hours,
depending on the engine configuration
and number of affected engines
installed. This AD requires, for engines
equipped with a certain cylinder head
and HPP driving gear combination,
removal, inspection, and replacement of
the HPP driving gear before further
flight and, depending on the inspection
findings, replacement of the HPP shaft,
cylinder head, camshaft gear, or inlet/
outlet camshaft bushing. This AD also
requires, for engines with an affected
HPP driving gear, replacement of the
HPP driving gear before further flight or
within a certain number of flight hours,
depending on the engine configuration
and number of affected engines
installed. This AD was prompted by
reports of failure of the HPP driving gear
and a subsequent determination that a
batch of HPP driving gears may have
been damaged during assembly. This
AD was also prompted by an
investigation which found that certain
cylinder heads installed in combination
with certain HPP driving gear on the
same engine may cause damage to the
HPP driving gear. The FAA is issuing
this AD to address the unsafe condition
on these products.
DATES: This AD is effective February 14,
2022.
The Director of the Federal Register
approved the incorporation by reference
SUMMARY:
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Federal Register / Vol. 87, No. 19 / Friday, January 28, 2022 / Rules and Regulations
of a certain publication listed in this AD
as of February 14, 2022.
The FAA must receive any comments
on this AD by March 14, 2022.
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: 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; website: https://
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 (817) 222–
5110. It is also available at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2022–
0013.
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Examining the AD Docket
You may examine the AD docket at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2022–0013; 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
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: wego.wang@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued AD 2021–22–20,
Amendment 39–21793 (86 FR 60159,
November 1, 2021), (AD 2021–22–20),
for Austro Engine GmbH E4 and E4P
model diesel piston engines with a
certain cylinder head or HPP driving
gear installed.
AD 2021–22–20 required, for engines
with an affected cylinder head,
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inspection of the HPP driving gear and,
depending on the results of the
inspection, replacement of the HPP
driving gear with a part eligible for
installation. AD 2021–22–20 also
required, for engines with an affected
HPP driving gear, replacement of the
HPP driving gear either before further
flight or within a certain number of
flight hours, depending on the engine
configuration and number of affected
engines installed. AD 2021–22–20
resulted from reports of failure of the
HPP driving gear and a subsequent
investigation by the manufacturer,
which determined that a certain batch of
HPP driving gears may have been
damaged during assembly. The
investigation also determined that
affected engines equipped with an
affected cylinder head were also subject
to premature failure of the HPP driving
gear. The FAA issued AD 2021–22–20 to
prevent the failure of the HPP driving
gear.
of MSB–E4–034/1 and MSB–E4–035, to
provide instructions for HPP driving gear
inspection and replacement. The SB also
prohibits (re-)installation of a HPP driving
gear E4A–30–000–601 or P/N E4A–30–000–
201 rev. AB.1 on engines having a cylinder
head P/N E4A–12–500–000 installed. The SB
further removes from the list of affected HPP
driving gears certain engines and HPPs,
which were reworked by Austro Engine
pending approval of MSB–E4–034.
For the reason described above, this
[EASA] AD partially retains the requirements
of EASA AD 2021–0203R1, which is
superseded, and requires replacement of the
HPP driving gear on engines with an affected
cylinder head/HPP driving gear combination
installed. This [EASA] AD also provides
requirements for HPP driving gear
installation.
Actions Since AD 2021–22–20 Was
Issued
Since the FAA issued AD 2021–22–
20, the European Union Aviation Safety
Agency (EASA), which is the Technical
Agent for the Member States of the
European Community, has issued EASA
AD 2021–0274–E, dated December 9,
2021, to address an unsafe condition for
the specified products. The MCAI states:
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. The FAA is issuing this AD
because the agency evaluated all the
relevant information provided by EASA
and has determined that the unsafe
condition described previously is likely
to exist or develop in other products of
the same type design.
Occurrences were reported of HPP driving
gear failure. Subsequent investigation
determined that a certain batch of HPP
driving gears was produced with a worn out
assembly tool P/N AE300T012–1. Those HPP
driving gears may have been damaged during
assembly. Concurrently, it was determined
that, for engines equipped with a certain
cylinder head, a stack up of tolerances exists
between the cylinder head, cylinder head
backside cover, camshaft gear and HPP
driving gear. Both scenarios could result in
premature HPP driving gear failure.
This condition, if not detected and
corrected, could lead to engine in-flight shutdown with consequent forced landing,
possibly resulting in damage to the aeroplane
and injury to occupants.
To address this potential unsafe condition,
Austro Engine published MSB–E4–035 to
provide instructions for HPP driving gear
inspection on engines equipped with a
cylinder head P/N E4A–12–500–000, and
MSB–E4–034/1 to provide instructions for
replacement of affected HPP gears, as defined
in this [EASA] AD. Consequently, EASA
issued Emergency AD 2021–0203–E (later
revised) to require inspection and/or
replacement of HPP gears.
Since that [EASA] AD was issued, it has
been determined that an affected cylinder
head/HPP driving gear combination, as
defined in this [EASA] AD, may cause
damage to the HPP driving gears. Austro
Engine issued the SB, as defined in this
[EASA] AD, incorporating the requirements
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You may obtain further information
by examining the MCAI in the AD
docket at https://www.regulations.gov
by searching for and locating Docket No.
FAA–2022–0013.
The FAA is issuing this AD to address
the unsafe condition on these products.
Related Service Information Under 1
CFR Part 51
The FAA reviewed Austro Engine
Mandatory Service Bulletin No. MSB–
E4–036/1, Revision No. 1, dated
December 14, 2021 (MSB–E4–036/1).
This service information specifies
procedures for inspecting and replacing
HPP driving gears installed on E4 and
E4P model diesel piston engines
equipped with an affected cylinder
head. Austro Engine MSB–E4–036/1
also identifies the applicable part
number and serial numbers of affected
HPP driving gears and affected cylinder
head/HPP driving gear combinations
installed on Austro Engine GmbH E4
and E4P model diesel piston engines.
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 ADDRESSES.
AD Requirements
This AD requires, for engines
equipped with an affected cylinder head
and HPP driving gear combination,
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Federal Register / Vol. 87, No. 19 / Friday, January 28, 2022 / Rules and Regulations
removal, inspection, and replacement of
the HPP driving gear before further
flight and, depending on the inspection
findings, replacement of the HPP shaft,
cylinder head, camshaft gear, or inlet/
outlet camshaft bushing. This AD also
requires, for engines with an affected
HPP driving gear, replacement of the
HPP driving gear before further flight or
within a certain number of flight hours,
depending on the engine configuration
and number of affected engines
installed.
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Differences Between This AD and the
MCAI
The MCAI requires inspection and
replacement of the HPP driving gear
using Austro Engine MSB–E4–036,
Initial Issue, dated November 30, 2021,
while this AD requires using Austro
Engine MSB–E4–036/1 to inspect and
replace the HPP driving gear.
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 a report of
occurrences of failure of the HPP
driving gear. The manufacturer
subsequently determined that a certain
batch of HPP driving gears was
produced with a worn out assembly
tool, and may have been damaged
during assembly. The manufacturer
determined that, for engines equipped
with a certain cylinder head, a stack up
of tolerances exists between the cylinder
head, cylinder head cover, camshaft
gear and HPP driving gear. Since the
FAA issued AD 2021–22–20 the
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manufacturer determined that the
combination of a certain affected
cylinder head installed with a certain
affected HPP driving gear on the same
engine may cause damage to the HPP
driving gear. These conditions could
result in failure of the HPP driving gear.
Austro Engine subsequently published
Austro Engine MSB–E4–036/1, Revision
No. 1, dated December 14, 2021,
providing instructions for inspection
and replacement of certain HPP driving
gears installed on Austro Engine E4 and
E4P model diesel piston engines. In
response, EASA issued EASA
Emergency AD 2021–0274–E, dated
December 9, 2021, to require inspection
and replacement of the HPP driving gear
on engines with an affected cylinder
head and HPP driving gear combination
before next flight.
Failure of the HPP driving gear can
result in in-flight engine shut-down,
forced landing, and damage to the
airplane. The FAA considers failure of
the HPP driving gear to be an urgent
safety issue that requires immediate
action to avoid damage to the airplane.
For engines with an affected cylinder
head, if the HPP driving gear does not
pass the inspection required by this AD,
this AD requires inspection and possible
replacement of the HPP shaft, cylinder
head, camshaft gear, and inlet/outlet
camshaft bushing before further flight.
In addition, for engines with an affected
HPP driving gear with a certain number
of flight hours accumulated on the HPP
driving gear, this AD requires
replacement of the HPP driving gear
before further flight.
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 forgo 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–2022–0013
and Project Identifier MCAI–2021–
01371–E’’ at the beginning of your
comments. The most helpful comments
reference a specific portion of the
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proposal, 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 https://
www.regulations.gov, 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,
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 418 engines installed on
airplanes of U.S. registry.
The FAA estimates the following
costs to comply with this AD:
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ESTIMATED COSTS
Action
Labor cost
Inspect HPP driving gear ................................
Replace HPP driving gear ..............................
.5 work-hours × $85 per hour = $42.50 .........
2 work-hours × $85 per hour = $170 .............
The FAA estimates the following
costs to do any necessary replacements
that would be required based on the
Parts cost
results of the inspection. The agency has
no way of determining the number of
$0
145
Cost per
product
$42.50
315
Cost on U.S.
operators
$17,765
131,670
aircraft that might need this
replacement:
ON-CONDITION COSTS
Action
Inspect
Inspect
Inspect
Inspect
and
and
and
and
replace
replace
replace
replace
Labor cost
HPP shaft ....................................
cylinder head ...............................
camshaft gear ..............................
inlet/outlet camshaft bushing .......
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.
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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:
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5 work-hours × $85 per hour = $425 ...........................
16 work-hours × $85 per hour = $1,360 ......................
10 work-hours × $85 per hour = $850 .........................
10 work-hours × $85 per hour = $850 .........................
(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.
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
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by:
a. Removing Airworthiness Directive
2021–22–20, Amendment 39–21793 (86
FR 60159, November 1, 2021); and
■ b. Adding the following new
airworthiness directive:
■
■
2022–03–03 Austro Engine GmbH:
Amendment 39–21920; Docket No.
FAA–2022–0013; Project Identifier
MCAI–2021–01371–E.
(a) Effective Date
This airworthiness directive (AD) is
effective February 14, 2022.
(b) Affected ADs
This AD replaces AD 2021–22–20,
Amendment 39–21793 (86 FR 60159,
November 1, 2021).
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$2,385.80
18,530.50
2,371.20
2,371.20
Cost per
product
$2,810.80
19,890.50
3,221.20
3,221.20
(c) Applicability
This AD applies to Austro Engine GmbH
E4 and E4P model diesel piston engines
equipped with either:
(1) A cylinder head having part number (P/
N) E4A–12–500–000, installed in
combination with high-pressure pump (HPP)
driving gear P/N E4A–30–000–601 (any
revision), P/N E4A–30–000–201 rev. AB.1, or
P/N E4A–30–000–201 with a serial number
(S/N) listed in Chapter 1.4, Table 1 of Austro
Engine Mandatory Service Bulletin No.
MSB–E4–036/1, Revision No. 1, dated
December 14, 2021 (MSB–E4–036/1); or
(2) An HPP driving gear, having P/N E4A–
30–000–201, with an S/N listed in Chapter
1.4, Table 1 of Austro Engine MSB–E4–036/
1.
(d) Subject
Joint Aircraft System Component (JASC)
Code 8520, Reciprocating Engine Power
Section.
(e) Unsafe Condition
This AD was prompted by reports of failure
of the HPP driving gear and a subsequent
investigation by the manufacturer, which
determined that a certain batch of HPP
driving gears may have been damaged during
assembly. The investigation also determined
that the combination of a certain affected
cylinder head installed on an engine with a
certain affected HPP driving gear installed on
the same engine may cause damage to the
HPP driving gear. The FAA is issuing this AD
to prevent the failure of the HPP driving gear.
The unsafe condition, if not addressed, could
result in in-flight engine shut-down, forced
landing, and damage to the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Actions
(1) For engines equipped with a cylinder
head and HPP driving gear combination
identified in paragraph (c)(1) of this AD,
before further flight after the effective date of
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this AD, remove the HPP driving gear and
replace it with an HPP driving gear eligible
for installation using paragraphs 2.1.1
through 2.1.4., Removal and inspection of the
HPP driving gear, of Austro Engine MSB–E4–
036/1.
(2) Before further flight after performing
the required actions in paragraph (g)(1) of
this AD, visually inspect the removed HPP
driving gear using the criteria in paragraph 7.
Appendix II, Table 6, of Austro Engine MSB–
E4–036/1.
(3) If, based on the visual inspection
required by paragraph (g)(2) of this AD, the
HPP driving gear does not meet the
acceptable condition criteria in paragraph 7.
Appendix II, Table 6, of Austro Engine MSB–
E4–036/1, before further flight, visually
inspect the HPP shaft, cylinder head,
camshaft gear, and inlet/outlet camshaft
bushing using the criteria in paragraph 7.
Appendix II, Table 7, of Austro Engine MSB–
E4–036/1.
(4) If, based on the visual inspection
required by paragraph (g)(3) of this AD, the
HPP shaft, cylinder head, camshaft gear, or
inlet/outlet camshaft bushing do not meet the
acceptable condition criteria in paragraph 7.
Appendix II, Table 7, of Austro Engine MSB–
E4–036/1, before further flight, remove any
part not meeting the acceptable condition
criteria and replace with a part eligible for
installation.
(5) For engines equipped with an affected
HPP driving gear identified in paragraph
(c)(2) of this AD, within the compliance time
specified in Table 1 to paragraph (g)(5) of this
AD, as applicable, replace the HPP driving
gear with an HPP driving gear eligible for
installation.
(h) Definitions
(j) Special Flight Permit
(1) For the purpose of this AD, an HPP
driving gear eligible for installation is:
(i) An HPP driving gear that is not
identified in paragraph (c)(2) of this AD; or
(ii) An HPP driving gear that does not
create a cylinder head and HPP driving gear
combination identified in paragraph (c)(1) of
this AD.
(2) For the purpose of this AD, an HPP
shaft, cylinder head, camshaft gear, and inlet/
outlet camshaft bushing eligible for
installation is:
(i) An HPP shaft, cylinder head, camshaft
gear, and inlet/outlet camshaft bushing that
meets the acceptable condition criteria in
paragraph 7. Appendix II, Table 7, of Austro
Engine MSB–E4–036/1; or
(ii) An HPP shaft, cylinder head, camshaft
gear, and inlet/outlet camshaft bushing that
is a new (zero hour) part.
(3) For the purpose of this AD, Engine
Group 1 is Austro Engine E4 model engines
in configuration ‘‘-A’’ installed on single
engine airplanes.
(4) For the purpose of this AD, Engine
Group 2 is Austro Engine E4 model engines
in configuration ‘‘-B’’ or ‘‘-C’’ and Austro
Engine E4P model engines installed on twinengine airplanes.
A special flight permit may be issued in
accordance with 14 CFR 21.197 and 21.199
to permit a single ferry flight to a location
where the actions required by this AD can be
accomplished on a twin-engine airplane that
has one or two Austro Engine E4 model
engines in configuration ‘‘-B’’ or ‘‘-C’’, or
Austro Engine E4P model engines, installed.
(2) Refer to European Union Aviation
Safety Agency (EASA) AD 2021–0274–E,
dated December 9, 2021, for more
information. You may examine the EASA AD
in the AD docket at https://
www.regulations.gov by searching for and
locating Docket No. FAA–2022–0013.
(i) No Reporting Requirement
The reporting instructions specified in
paragraph 7. Appendix II, Tables 6 and 7, of
Austro Engine MSB–E4–036/1 are not
required by this AD.
VerDate Sep<11>2014
16:18 Jan 27, 2022
Jkt 256001
(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
of the local flight standards district office/
certificate holding district office.
(l) 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:
wego.wang@faa.gov.
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
(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 Mandatory Service
Bulletin No. MSB–E4–036/1, Revision No. 1,
dated December 14, 2021.
(ii) [Reserved]
(3) For Austro Engine service information
identified in this AD, contact Austro Engine
GmbH, Rudolf-Diesel-Strasse 11, 2700
Weiner Neustadt, Austria; phone: +43 2622
23000; website: https://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 (817) 222–5110.
(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: fr.inspection@nara.gov, or go to:
E:\FR\FM\28JAR1.SGM
28JAR1
ER28JA22.002</GPH>
jspears on DSK121TN23PROD with RULES1
Federal Register / Vol. 87, No. 19 / Friday, January 28, 2022 / Rules and Regulations
4476
Federal Register / Vol. 87, No. 19 / Friday, January 28, 2022 / Rules and Regulations
https://www.archives.gov/federal-register/cfr/
ibr-locations.html.
Issued on January 19, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022–01818 Filed 1–26–22; 11:15 am]
BILLING CODE 4910–13–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 342
[Docket No. RM20–14–001]
Five-Year Review of the Oil Pipeline
Index
Federal Energy Regulatory
Commission.
ACTION: Order on rehearing.
AGENCY:
The Federal Energy
Regulatory Commission (Commission)
addresses arguments raised on rehearing
of the December 17, 2020 Order
Establishing Index Level concluding the
Commission’s five-year review of the
index level used to determine annual
changes to oil pipeline rate ceilings
(December 2020 Order). The December
2020 Order established an index level of
Producer Price Index for Finished
Goods plus 0.78% (PPI–FG+0.78%) for
the five-year period commencing July 1,
2021. In this order, the Commission
grants rehearing of the December 2020
Order, in part, denies rehearing, in part,
and establishes an index level of PPI–
FG–0.21%.
DATES: This order is applicable
beginning January 20, 2022.
FOR FURTHER INFORMATION CONTACT:
Evan Steiner (Legal Information), Office
of the General Counsel, 888 First
Street NE, Washington, DC 20426,
(202) 502–8792
Monil Patel (Technical Information),
Office of Energy Market Regulation,
888 First Street NE, Washington, DC
20426, (202) 502–8296
SUPPLEMENTARY INFORMATION:
SUMMARY:
jspears on DSK121TN23PROD with RULES1
Order on Rehearing
(Issued January 20, 2022)
1. On December 17, 2020, the
Commission issued an order
establishing an oil pipeline index level
of Producer Price Index for Finished
Goods plus 0.78% (PPI–FG+0.78%) for
the five-year period beginning July 1,
VerDate Sep<11>2014
16:18 Jan 27, 2022
Jkt 256001
2021.1 On January 19, 2021, Joint
Commenters,2 Liquids Shippers Group
(Liquids Shippers),3 the Canadian
Association of Petroleum Producers
(CAPP) (together with Joint Commenters
and Liquids Shippers, Shippers), the
Association of Oil Pipe Lines (AOPL),
and Designated Carriers 4 (together with
AOPL, Pipelines) requested rehearing or
clarification of the December 2020
Order.
2. As discussed below, we grant the
requests for rehearing, in part, and deny
the requests for rehearing, in part. As a
result, we adopt an index level of PPI–
FG–0.21%. This departure from the
December 2020 Order results from: (a)
Trimming the data set to the middle
50% of cost changes, as opposed to the
middle 80%; (b) incorporating the
effects of the Commission’s 2018 policy
change requiring Master Limited
Partnership (MLP)-owned pipelines to
eliminate the income tax allowance and
previously accrued Accumulated
Deferred Income Taxes (ADIT) balances
from their page 700 summary costs of
service (Income Tax Policy Change); 5
and (c) correcting the index calculation
to rely upon updated page 700 cost data
for 2014.
3. In addition, as discussed below, we
direct oil pipelines to recompute their
ceiling levels for July 1, 2021 through
June 30, 2022, based upon an index
level of PPI–FG–0.21%. Consistent with
§ 342.3(e) of the Commission’s
regulations,6 any oil pipeline with a
filed rate that exceeds its recomputed
ceiling level for July 1, 2021 through
June 30, 2022 must file to reduce that
rate to bring it into compliance with the
pipeline’s recomputed ceiling level. We
1 Five-Year Rev. of the Oil Pipeline Index, 86 FR
9448 (Feb. 16, 2021), 173 FERC ¶ 61,245 (2020)
(December 2020 Order).
2 Joint Commenters include: The Airlines for
America; Chevron Products Company; the National
Propane Gas Association; and Valero Marketing and
Supply Company.
3 Liquids Shippers include: Apache Corporation;
Cenovus Energy Marketing Services Ltd.;
ConocoPhillips Company; Devon Gas Services, L.P.;
Equinor Marketing & Trading US Inc.; Fieldwood
Energy LLC; Marathon Oil Company; Murphy
Exploration and Production Company—USA;
Ovintiv Marketing, Inc.; and Pioneer Natural
Resources USA, Inc.
4 Designated Carriers include: Buckeye Partners,
L.P.; Colonial Pipeline Company; Energy Transfer
LP; Enterprise Products Partners L.P.; and Plains
All American Pipeline, L.P.
5 Inquiry Regarding the Commission’s Policy for
Recovery of Income Tax Costs, 162 FERC ¶ 61,227,
at P 8 (2018 Income Tax Policy Statement), reh’g
denied, 164 FERC ¶ 61,030, at P 13 (2018), request
for clarification dismissed, 168 FERC ¶ 61,136
(2019), petitions for review dismissed sub nom.
Enable Miss. River Transmission, LLC v. FERC, 820
F. App’x 8 (2020).
6 18 CFR 342.3(e).
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
direct such pipelines to submit these
filings to be effective March 1, 2022.
I. Background
A. The Kahn Methodology
4. The Commission reviews the oil
pipeline index level 7 every five years.8
Beginning in Order No. 561 and in each
ensuing five-year review, the
Commission has adjusted the index
level using the Kahn Methodology,
which calculates each pipeline’s cost
change on a per barrel-mile basis over
the prior five-year period (e.g., 2014–
2019 in this proceeding) based upon
FERC Form No. 6, page 700 summary
cost-of-service data. In order to remove
statistical outliers and spurious data, the
Kahn Methodology trims the data set by
removing an equal number of pipelines
at the top and bottom of the data set.9
The Kahn Methodology then averages
three measures of the trimmed data
sample’s central tendency (the median,
mean, and weighted mean) to determine
a composite central tendency and
compares this average to the changing
value of PPI–FG over the same five-year
period. The index level is set at PPI–FG
plus (or minus) this differential.
Historically, the index has ranged from
PPI–FG–1% to PPI–FG+2.65%, and in
2015, the Commission set the index
level at PPI–FG+1.23%.
B. Notice of Inquiry and Comments
5. On June 18, 2020, the Commission
issued a Notice of Inquiry (NOI)
proposing to adopt an index level of
7 Pursuant to the indexing methodology,
pipelines may increase their ceiling levels effective
every July 1 by ‘‘multiplying the previous index
year’s ceiling level by the most recent index
published by the Commission.’’ 18 CFR 342.3(d)(1).
The Commission publishes an annual index figure
every May in a notice issued in Docket No. RM93–
11–000.
8 Revisions to Oil Pipeline Regulations Pursuant
to Energy Policy Act of 1992, Order No. 561, FERC
Stats. & Regs. ¶ 30,985, at 30,941 (1993) (crossreferenced at 65 FERC ¶ 61,109), order on reh’g,
Order No. 561–A, FERC Stats. & Regs. ¶ 31,000
(1994) (cross-referenced at 68 FERC ¶ 61,138), aff’d
sub nom. Ass’n of Oil Pipe Lines v. FERC, 83 F.3d
1424 (D.C. Cir. 1996) (AOPL I).
9 In Order No. 561 and the 2015 and 2010 fiveyear reviews, the Commission relied solely upon
the middle 50% of the data set. Five-Year Rev. of
the Oil Pipeline Index, 153 FERC ¶ 61,312, at PP
42–44 (2015) (2015 Index Review), aff’d sub nom.
Ass’n of Oil Pipe Lines v. FERC, 876 F.3d 336 (D.C.
Cir. 2017) (AOPL III); Five-Year Rev. of the Oil
Pipeline Pricing Index, 133 FERC ¶ 61,228, at P 60
(2010) (2010 Index Review), reh’g denied, 135 FERC
¶ 61,172 (2011) (2010 Index Rehearing Order);
Order No. 561–A, FERC Stats. & Regs. ¶ 31,000 at
31,096–097. In the 2005 and 2000 five-year reviews,
the Commission averaged the middle 50% with the
middle 80% but did not justify or address its
consideration of the middle 80%. 2010 Index
Review, 133 FERC ¶ 61,228 at P 60. In addition, in
the 2000 review, considering the middle 80% did
not alter the index calculation. Id.
E:\FR\FM\28JAR1.SGM
28JAR1
]]>Agencies
[Federal Register Volume 87, Number 19 (Friday, January 28, 2022)]
[Rules and Regulations]
[Pages 4471-4476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01818]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0013; Project Identifier MCAI-2021-01371-E;
Amendment 39-21920; AD 2022-03-03]
RIN 2120-AA64
Airworthiness Directives; Austro Engine GmbH Engines
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2021-22-20
which applied to certain Austro Engine GmbH E4 and E4P model diesel
piston engines. AD 2021-22-20 required, for engines with an affected
cylinder head, inspection of the high pressure pump (HPP) driving gear
and, depending on the results of the inspection, replacement of the HPP
driving gear with a part eligible for installation. AD 2021-22-20 also
required, for engines with an affected HPP driving gear, replacement of
the HPP driving gear before further flight or within a certain number
of flight hours, depending on the engine configuration and number of
affected engines installed. This AD requires, for engines equipped with
a certain cylinder head and HPP driving gear combination, removal,
inspection, and replacement of the HPP driving gear before further
flight and, depending on the inspection findings, replacement of the
HPP shaft, cylinder head, camshaft gear, or inlet/outlet camshaft
bushing. This AD also requires, for engines with an affected HPP
driving gear, replacement of the HPP driving gear before further flight
or within a certain number of flight hours, depending on the engine
configuration and number of affected engines installed. This AD was
prompted by reports of failure of the HPP driving gear and a subsequent
determination that a batch of HPP driving gears may have been damaged
during assembly. This AD was also prompted by an investigation which
found that certain cylinder heads installed in combination with certain
HPP driving gear on the same engine may cause damage to the HPP driving
gear. The FAA is issuing this AD to address the unsafe condition on
these products.
DATES: This AD is effective February 14, 2022.
The Director of the Federal Register approved the incorporation by
reference
[[Page 4472]]
of a certain publication listed in this AD as of February 14, 2022.
The FAA must receive any comments on this AD by March 14, 2022.
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: 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; website: https://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 (817) 222-5110. It is also available at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2022-0013.
Examining the AD Docket
You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0013; 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 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: [email protected].
SUPPLEMENTARY INFORMATION:
Background
The FAA issued AD 2021-22-20, Amendment 39-21793 (86 FR 60159,
November 1, 2021), (AD 2021-22-20), for Austro Engine GmbH E4 and E4P
model diesel piston engines with a certain cylinder head or HPP driving
gear installed.
AD 2021-22-20 required, for engines with an affected cylinder head,
inspection of the HPP driving gear and, depending on the results of the
inspection, replacement of the HPP driving gear with a part eligible
for installation. AD 2021-22-20 also required, for engines with an
affected HPP driving gear, replacement of the HPP driving gear either
before further flight or within a certain number of flight hours,
depending on the engine configuration and number of affected engines
installed. AD 2021-22-20 resulted from reports of failure of the HPP
driving gear and a subsequent investigation by the manufacturer, which
determined that a certain batch of HPP driving gears may have been
damaged during assembly. The investigation also determined that
affected engines equipped with an affected cylinder head were also
subject to premature failure of the HPP driving gear. The FAA issued AD
2021-22-20 to prevent the failure of the HPP driving gear.
Actions Since AD 2021-22-20 Was Issued
Since the FAA issued AD 2021-22-20, the European Union Aviation
Safety Agency (EASA), which is the Technical Agent for the Member
States of the European Community, has issued EASA AD 2021-0274-E, dated
December 9, 2021, to address an unsafe condition for the specified
products. The MCAI states:
Occurrences were reported of HPP driving gear failure.
Subsequent investigation determined that a certain batch of HPP
driving gears was produced with a worn out assembly tool P/N
AE300T012-1. Those HPP driving gears may have been damaged during
assembly. Concurrently, it was determined that, for engines equipped
with a certain cylinder head, a stack up of tolerances exists
between the cylinder head, cylinder head backside cover, camshaft
gear and HPP driving gear. Both scenarios could result in premature
HPP driving gear failure.
This condition, if not detected and 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 MSB-E4-035 to provide instructions for HPP driving gear
inspection on engines equipped with a cylinder head P/N E4A-12-500-
000, and MSB-E4-034/1 to provide instructions for replacement of
affected HPP gears, as defined in this [EASA] AD. Consequently, EASA
issued Emergency AD 2021-0203-E (later revised) to require
inspection and/or replacement of HPP gears.
Since that [EASA] AD was issued, it has been determined that an
affected cylinder head/HPP driving gear combination, as defined in
this [EASA] AD, may cause damage to the HPP driving gears. Austro
Engine issued the SB, as defined in this [EASA] AD, incorporating
the requirements of MSB-E4-034/1 and MSB-E4-035, to provide
instructions for HPP driving gear inspection and replacement. The SB
also prohibits (re-)installation of a HPP driving gear E4A-30-000-
601 or P/N E4A-30-000-201 rev. AB.1 on engines having a cylinder
head P/N E4A-12-500-000 installed. The SB further removes from the
list of affected HPP driving gears certain engines and HPPs, which
were reworked by Austro Engine pending approval of MSB-E4-034.
For the reason described above, this [EASA] AD partially retains
the requirements of EASA AD 2021-0203R1, which is superseded, and
requires replacement of the HPP driving gear on engines with an
affected cylinder head/HPP driving gear combination installed. This
[EASA] AD also provides requirements for HPP driving gear
installation.
You may obtain further information by examining the MCAI in the AD
docket at https://www.regulations.gov by searching for and locating
Docket No. FAA-2022-0013.
The FAA is issuing this AD to address the unsafe condition on these
products.
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. The FAA is issuing this AD because the
agency evaluated all the relevant information provided by EASA and has
determined that 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 Mandatory Service Bulletin No. MSB-
E4-036/1, Revision No. 1, dated December 14, 2021 (MSB-E4-036/1). This
service information specifies procedures for inspecting and replacing
HPP driving gears installed on E4 and E4P model diesel piston engines
equipped with an affected cylinder head. Austro Engine MSB-E4-036/1
also identifies the applicable part number and serial numbers of
affected HPP driving gears and affected cylinder head/HPP driving gear
combinations installed on Austro Engine GmbH E4 and E4P model diesel
piston engines. 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 ADDRESSES.
AD Requirements
This AD requires, for engines equipped with an affected cylinder
head and HPP driving gear combination,
[[Page 4473]]
removal, inspection, and replacement of the HPP driving gear before
further flight and, depending on the inspection findings, replacement
of the HPP shaft, cylinder head, camshaft gear, or inlet/outlet
camshaft bushing. This AD also requires, for engines with an affected
HPP driving gear, replacement of the HPP driving gear before further
flight or within a certain number of flight hours, depending on the
engine configuration and number of affected engines installed.
Differences Between This AD and the MCAI
The MCAI requires inspection and replacement of the HPP driving
gear using Austro Engine MSB-E4-036, Initial Issue, dated November 30,
2021, while this AD requires using Austro Engine MSB-E4-036/1 to
inspect and replace the HPP driving gear.
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 a report of occurrences of failure of the HPP driving
gear. The manufacturer subsequently determined that a certain batch of
HPP driving gears was produced with a worn out assembly tool, and may
have been damaged during assembly. The manufacturer determined that,
for engines equipped with a certain cylinder head, a stack up of
tolerances exists between the cylinder head, cylinder head cover,
camshaft gear and HPP driving gear. Since the FAA issued AD 2021-22-20
the manufacturer determined that the combination of a certain affected
cylinder head installed with a certain affected HPP driving gear on the
same engine may cause damage to the HPP driving gear. These conditions
could result in failure of the HPP driving gear. Austro Engine
subsequently published Austro Engine MSB-E4-036/1, Revision No. 1,
dated December 14, 2021, providing instructions for inspection and
replacement of certain HPP driving gears installed on Austro Engine E4
and E4P model diesel piston engines. In response, EASA issued EASA
Emergency AD 2021-0274-E, dated December 9, 2021, to require inspection
and replacement of the HPP driving gear on engines with an affected
cylinder head and HPP driving gear combination before next flight.
Failure of the HPP driving gear can result in in-flight engine
shut-down, forced landing, and damage to the airplane. The FAA
considers failure of the HPP driving gear to be an urgent safety issue
that requires immediate action to avoid damage to the airplane. For
engines with an affected cylinder head, if the HPP driving gear does
not pass the inspection required by this AD, this AD requires
inspection and possible replacement of the HPP shaft, cylinder head,
camshaft gear, and inlet/outlet camshaft bushing before further flight.
In addition, for engines with an affected HPP driving gear with a
certain number of flight hours accumulated on the HPP driving gear,
this AD requires replacement of the HPP driving gear before further
flight.
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 forgo
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-2022-0013 and Project Identifier
MCAI-2021-01371-E'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, 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
https://www.regulations.gov, 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, 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 418 engines installed on
airplanes of U.S. registry.
The FAA estimates the following costs to comply with this AD:
[[Page 4474]]
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
Inspect HPP driving gear.............. .5 work-hours x $85 per $0 $42.50 $17,765
hour = $42.50.
Replace HPP driving gear.............. 2 work-hours x $85 per 145 315 131,670
hour = $170.
----------------------------------------------------------------------------------------------------------------
The FAA estimates the following costs to do any necessary
replacements that would be required based on the results of the
inspection. The agency has no way of determining the number of aircraft
that might need this replacement:
On-Condition Costs
----------------------------------------------------------------------------------------------------------------
Cost per
Action Labor cost Parts cost product
----------------------------------------------------------------------------------------------------------------
Inspect and replace HPP shaft................. 5 work-hours x $85 per hour = $2,385.80 $2,810.80
$425.
Inspect and replace cylinder head............. 16 work-hours x $85 per hour = 18,530.50 19,890.50
$1,360.
Inspect and replace camshaft gear............. 10 work-hours x $85 per hour = 2,371.20 3,221.20
$850.
Inspect and replace inlet/outlet camshaft 10 work-hours x $85 per hour = 2,371.20 3,221.20
bushing. $850.
----------------------------------------------------------------------------------------------------------------
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.
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:
0
a. Removing Airworthiness Directive 2021-22-20, Amendment 39-21793 (86
FR 60159, November 1, 2021); and
0
b. Adding the following new airworthiness directive:
2022-03-03 Austro Engine GmbH: Amendment 39-21920; Docket No. FAA-
2022-0013; Project Identifier MCAI-2021-01371-E.
(a) Effective Date
This airworthiness directive (AD) is effective February 14,
2022.
(b) Affected ADs
This AD replaces AD 2021-22-20, Amendment 39-21793 (86 FR 60159,
November 1, 2021).
(c) Applicability
This AD applies to Austro Engine GmbH E4 and E4P model diesel
piston engines equipped with either:
(1) A cylinder head having part number (P/N) E4A-12-500-000,
installed in combination with high-pressure pump (HPP) driving gear
P/N E4A-30-000-601 (any revision), P/N E4A-30-000-201 rev. AB.1, or
P/N E4A-30-000-201 with a serial number (S/N) listed in Chapter 1.4,
Table 1 of Austro Engine Mandatory Service Bulletin No. MSB-E4-036/
1, Revision No. 1, dated December 14, 2021 (MSB-E4-036/1); or
(2) An HPP driving gear, having P/N E4A-30-000-201, with an S/N
listed in Chapter 1.4, Table 1 of Austro Engine MSB-E4-036/1.
(d) Subject
Joint Aircraft System Component (JASC) Code 8520, Reciprocating
Engine Power Section.
(e) Unsafe Condition
This AD was prompted by reports of failure of the HPP driving
gear and a subsequent investigation by the manufacturer, which
determined that a certain batch of HPP driving gears may have been
damaged during assembly. The investigation also determined that the
combination of a certain affected cylinder head installed on an
engine with a certain affected HPP driving gear installed on the
same engine may cause damage to the HPP driving gear. The FAA is
issuing this AD to prevent the failure of the HPP driving gear. The
unsafe condition, if not addressed, could result in in-flight engine
shut-down, forced landing, and damage to the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
(1) For engines equipped with a cylinder head and HPP driving
gear combination identified in paragraph (c)(1) of this AD, before
further flight after the effective date of
[[Page 4475]]
this AD, remove the HPP driving gear and replace it with an HPP
driving gear eligible for installation using paragraphs 2.1.1
through 2.1.4., Removal and inspection of the HPP driving gear, of
Austro Engine MSB-E4-036/1.
(2) Before further flight after performing the required actions
in paragraph (g)(1) of this AD, visually inspect the removed HPP
driving gear using the criteria in paragraph 7. Appendix II, Table
6, of Austro Engine MSB-E4-036/1.
(3) If, based on the visual inspection required by paragraph
(g)(2) of this AD, the HPP driving gear does not meet the acceptable
condition criteria in paragraph 7. Appendix II, Table 6, of Austro
Engine MSB-E4-036/1, before further flight, visually inspect the HPP
shaft, cylinder head, camshaft gear, and inlet/outlet camshaft
bushing using the criteria in paragraph 7. Appendix II, Table 7, of
Austro Engine MSB-E4-036/1.
(4) If, based on the visual inspection required by paragraph
(g)(3) of this AD, the HPP shaft, cylinder head, camshaft gear, or
inlet/outlet camshaft bushing do not meet the acceptable condition
criteria in paragraph 7. Appendix II, Table 7, of Austro Engine MSB-
E4-036/1, before further flight, remove any part not meeting the
acceptable condition criteria and replace with a part eligible for
installation.
(5) For engines equipped with an affected HPP driving gear
identified in paragraph (c)(2) of this AD, within the compliance
time specified in Table 1 to paragraph (g)(5) of this AD, as
applicable, replace the HPP driving gear with an HPP driving gear
eligible for installation.
[GRAPHIC] [TIFF OMITTED] TR28JA22.002
(h) Definitions
(1) For the purpose of this AD, an HPP driving gear eligible for
installation is:
(i) An HPP driving gear that is not identified in paragraph
(c)(2) of this AD; or
(ii) An HPP driving gear that does not create a cylinder head
and HPP driving gear combination identified in paragraph (c)(1) of
this AD.
(2) For the purpose of this AD, an HPP shaft, cylinder head,
camshaft gear, and inlet/outlet camshaft bushing eligible for
installation is:
(i) An HPP shaft, cylinder head, camshaft gear, and inlet/outlet
camshaft bushing that meets the acceptable condition criteria in
paragraph 7. Appendix II, Table 7, of Austro Engine MSB-E4-036/1; or
(ii) An HPP shaft, cylinder head, camshaft gear, and inlet/
outlet camshaft bushing that is a new (zero hour) part.
(3) For the purpose of this AD, Engine Group 1 is Austro Engine
E4 model engines in configuration ``-A'' installed on single engine
airplanes.
(4) For the purpose of this AD, Engine Group 2 is Austro Engine
E4 model engines in configuration ``-B'' or ``-C'' and Austro Engine
E4P model engines installed on twin-engine airplanes.
(i) No Reporting Requirement
The reporting instructions specified in paragraph 7. Appendix
II, Tables 6 and 7, of Austro Engine MSB-E4-036/1 are not required
by this AD.
(j) Special Flight Permit
A special flight permit may be issued in accordance with 14 CFR
21.197 and 21.199 to permit a single ferry flight to a location
where the actions required by this AD can be accomplished on a twin-
engine airplane that has one or two Austro Engine E4 model engines
in configuration ``-B'' or ``-C'', or Austro Engine E4P model
engines, installed.
(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 Wego Wang,
Aviation Safety Engineer, ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone: (781) 238-7134; fax: (781) 238-7199;
email: [email protected].
(2) Refer to European Union Aviation Safety Agency (EASA) AD
2021-0274-E, dated December 9, 2021, for more information. You may
examine the EASA AD in the AD docket at https://www.regulations.gov
by searching for and locating Docket No. FAA-2022-0013.
(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 Mandatory Service Bulletin No. MSB-E4-036/1,
Revision No. 1, dated December 14, 2021.
(ii) [Reserved]
(3) For Austro Engine service information identified in this AD,
contact Austro Engine GmbH, Rudolf-Diesel-Strasse 11, 2700 Weiner
Neustadt, Austria; phone: +43 2622 23000; website: https://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 (817) 222-5110.
(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:
[[Page 4476]]
https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on January 19, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-01818 Filed 1-26-22; 11:15 am]
BILLING CODE 4910-13-P
