Airworthiness Directives; Continental Aerospace Technologies, Inc. Reciprocating Engines, 11383-11386 [2023-03796]

Download as PDF 11383 Rules and Regulations Federal Register Vol. 88, No. 36 Thursday, February 23, 2023 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2023–0172; Project Identifier AD–2023–00265–E; Amendment 39–22355; AD 2023–04–08] RIN 2120–AA64 Airworthiness Directives; Continental Aerospace Technologies, Inc. Reciprocating Engines Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. AGENCY: The FAA is adopting a new airworthiness directive (AD) for certain Continental Aerospace Technologies, Inc. (Continental) GTSIO–520–C, –D, –H, –K, –L, –M, –N, and –S; IO–360–A, –AB, –AF, –C, –CB, –D, –DB, –E, –ES, –G, –GB, –H, –HB, –J, –JB, –K, and –KB; IO–470–D, –E, –G, –H, –J, –K, –L, –M, –N, –P, –R, –S, –T, –U, –V, and –VO; IO–520–A, –B, –BA, –BB, –C, –CB, –D, –E, –F, –J, –K, –L, –M, and –MB; IO– 550–A, –B, –C, –D, –E, –F, –G, –L, –N, –P, and –R; LTSIO–360–E, –EB, –KB, and –RB; LTSIO–520–AE; O–470–A, –B, –E, –G, –H, –J, –K, –L, –M, –N, –R, –S, –T, and –U; TSIO–360–A, –AB, –B, –BB, –C, –CB, –D, –DB, –E, –EB, –G, –GB, –H, –HB, –JB, –KB, –LB, –MB, –RB, and –SB; TSIO–520–A, –AE, –AF, –B, –BB, –BE, –C, –CE, –D, –DB, –E, –EB, –G, –H, –J, –JB, –K, –KB, –L, –LB, –M, –NB, –P, –R, –T, –UB, –VB, and –WB; TSIO–550– A, –B, –C, –E, –G, –K, and –N; TSIOF– 550–K; and TSIOL–550–A, –B, and –C model reciprocating engines. This AD was prompted by a report of a quality escape involving improper installation of counterweight retaining rings in the engine crankshaft counterweight groove during manufacture. This AD requires inspection of the crankshaft assembly for proper installation of the counterweight retaining rings in the counterweight groove, and corrective lotter on DSK11XQN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 15:53 Feb 22, 2023 Jkt 259001 actions if improper installation is found. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective February 23, 2023. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of February 23, 2023. The FAA must receive comments on this AD by April 10, 2023. 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 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. AD Docket: You may examine the AD docket at regulations.gov by searching for and locating Docket No. FAA–2023– 0172; 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, any comments received, and other information. The street address for Docket Operations is listed above. Material Incorporated by Reference: • For Continental service information identified in this final rule, contact Continental Aerospace Technologies, Inc., 2039 South Broad Street, Mobile, AL 36615; phone: (251) 308–9100; email: MSB23Support@continental.aero; website: continental.aero. • 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 regulations.gov by searching for and locating Docket No. FAA–2023– 0172. FOR FURTHER INFORMATION CONTACT: Nicholas Reid, Aviation Safety Engineer, Atlanta ACO Branch, FAA, 1701 Columbia Avenue, College Park, GA 30337; phone: (404) 474–5650; email: nicholas.j.reid@faa.gov. PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 SUPPLEMENTARY INFORMATION: Background The FAA received a report of a quality escape involving improper installation and inspection of counterweight retaining rings in the engine crankshaft counterweight groove during manufacture. The FAA has also received reports of two ground engine seizures and one in-flight loss of engine oil pressure due to improper installation of the counterweight retaining rings during manufacture. The counterweight retaining rings are part of the engine crankshaft counterweight assembly retention system. Loosening of a counterweight retaining ring may result in the loss of retention of the counterweight. This condition, if not addressed, could result in loss of engine oil pressure, catastrophic engine damage, and possible engine seizure. The FAA is issuing this AD to address the unsafe condition on these products. FAA’s Determination The FAA is issuing this AD because the agency has determined the unsafe condition described previously is likely to exist or develop in other products of the same type design. Related Service Information Under 1 CFR Part 51 The FAA reviewed Continental Mandatory Service Bulletin MSB23–01, Revision A, dated February 16, 2023 (MSB23–01A). This service information specifies procedures for inspection of the crankshaft assembly for improper installation of the counterweight retaining rings in the counterweight, and corrective actions if improper installation is found. 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 accomplishing the actions specified in paragraph III, Action Required, of MSB23–01A, except as discussed in ‘‘Exception to the Service Information.’’ Differences Between This AD and the Service Information The service information specifies compliance for engines with less than 200 operating hours, while this AD E:\FR\FM\23FER1.SGM 23FER1 11384 Federal Register / Vol. 88, No. 36 / Thursday, February 23, 2023 / Rules and Regulations requires compliance for all affected engines, regardless of the operating hours. The FAA has determined that this unsafe condition, of improperly installed counterweight retaining rings, is likely to exist on affected engines. While the manufacturer’s service information excludes engines accumulating 200 or more operating hours, the FAA has not, as of yet, been provided with adequate data to support that exclusion. In the event the FAA receives data to support the exclusion of engines with more than 200 operating hours, or make other changes to this AD, the FAA may consider further rulemaking. Justification for Immediate Adoption and Determination of the Effective Date Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 U.S.C. 551 et seq.) authorizes agencies to dispense with notice and comment procedures for rules when the agency, for ‘‘good cause,’’ finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under this section, an agency, upon finding good cause, may issue a final rule without providing notice and seeking comment prior to issuance. Further, section 553(d) of the APA authorizes agencies to make rules effective in less than thirty days, upon a finding of good cause. An unsafe condition exists that requires the immediate adoption of this AD without providing an opportunity for public comments prior to adoption. The FAA has found that the risk to the flying public justifies foregoing notice and comment prior to adoption of this rule. The manufacturer discovered an assembly error for the affected engines. It is possible that one or more counterweight retaining rings were not properly seated in the crankshaft counterweight groove of the engine. This condition could allow the counterweight to depart from the crankshaft during engine operation. Because of the urgency of the unsafe condition, this AD requires inspection of any affected crankshaft assembly before further flight. The manufacturing quality escape has resulted in ground engine seizures and an in-flight loss of engine oil pressure, which could lead to catastrophic engine damage, engine seizure, and consequent loss of the aircraft. Due to the low operational hours on the known crankshaft assembly failures, the short-term risk to the fleet is such that expeditious action must be taken and therefore this AD is effective upon publication. The FAA is issuing this AD to address the unsafe condition on these products. As the affected crankshaft assembly must be inspected before further flight after the effective date of this AD, the compliance time for the required actions is shorter than the time necessary to allow for public comment and for the FAA to publish a final rule. Accordingly, notice and opportunity for prior public comment are impracticable and contrary to the public interest pursuant to 5 U.S.C. 553(b)(3)(B). In addition, the FAA finds that good cause exists pursuant to 5 U.S.C. 553(d) for making this amendment effective in less than 30 days, for the same reasons the FAA found good cause to forego notice and comment. Comments Invited The FAA invites you to send any written data, views, or arguments about this final rule. Send your comments to an address listed under ADDRESSES. Include ‘‘Docket No. FAA–2023–0172; Project Identifier AD–2023–00265–E’’ at the beginning of your comments. The most helpful comments reference a specific portion of the final rule, explain the reason for any recommended change, and include supporting data. The FAA will consider all comments received by the closing date and may amend this final rule because of those comments. Except for Confidential Business Information (CBI) as described in the following paragraph, and other information as described in 14 CFR 11.35, the FAA will post all comments received, without change, to 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 Nicholas Reid, Aviation Safety Engineer, Atlanta ACO Branch, FAA, 1701 Columbia Avenue, College Park, GA 30337. 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 manufacturer has notified the FAA that 2,176 crankshaft assemblies are subject to the unsafe condition. The FAA estimates that of those 2,176 crankshaft assemblies, 1,632 are installed on aircraft of U.S. registry. The FAA estimates that 544 engines will need to remove one cylinder, 544 engines will need to remove two cylinders, and 544 engines will need to remove three cylinders for compliance with this AD. The FAA estimates the following costs to comply with this AD: lotter on DSK11XQN23PROD with RULES1 ESTIMATED COSTS Action Labor cost Remove one cylinder .......................................... Remove two cylinders ........................................ Remove three cylinders ...................................... Inspect crankshaft counterweight retaining rings Reposition, repeat, or remove/install counterweight assemblies. 10 work-hours × $85 per hour = $850 ....... 18 work-hours × $85 per hour = 1,530 ...... 22 work-hours × $85 per hour = $1,870 .... 0.75 work-hours × $85 per hour = $64 ...... 1.5 work-hours × $85 per hour = $127.50 VerDate Sep<11>2014 15:53 Feb 22, 2023 Jkt 259001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 Cost per product Parts cost E:\FR\FM\23FER1.SGM $0 0 0 0 0 23FER1 $850 1,530 1,870 64 127.50 Cost on U.S. operators $462,400 832,320 1,017,280 104,448 201,080 Federal Register / Vol. 88, No. 36 / Thursday, February 23, 2023 / Rules and Regulations 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 lotter on DSK11XQN23PROD with RULES1 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. VerDate Sep<11>2014 15:53 Feb 22, 2023 Jkt 259001 § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive: ■ 2023–04–08 Continental Aerospace Technologies, Inc.: Amendment 39– 22355; Docket No. FAA–2023–0172; Project Identifier AD–2023–00265–E. (a) Effective Date This airworthiness directive (AD) is effective February 23, 2023. (b) Affected ADs None. (c) Applicability Continental Aerospace Technologies, Inc. (Continental) GTSIO–520–C, –D, –H, –K, –L, –M, –N, and –S; IO–360–A, –AB, –AF, –C, –CB, –D, –DB, –E, –ES, –G, –GB, –H, –HB, –J, –JB, –K, and –KB; IO–470–D, –E, –G, –H, –J, –K, –L, –M, –N, –P, –R, –S, –T, –U, –V, and –VO; IO–520–A, –B, –BA, –BB, –C, –CB, –D, –E, –F, –J, –K, –L, –M, and –MB; IO–550– A, –B, –C, –D, –E, –F, –G, –L, –N, –P, and –R; LTSIO–360–E, –EB, –KB, and –RB; LTSIO–520–AE; O–470–A, –B, –E, –G, –H, –J, –K, –L, –M, –N, –R, –S, –T, and –U; TSIO– 360–A, –AB, –B, –BB, –C, –CB, –D, –DB, –E, –EB, –G, –GB, –H, –HB, –JB, –KB, –LB, –MB, –RB, and –SB; TSIO–520–A, –AE, –AF, –B, –BB, –BE, –C, –CE, –D, –DB, –E, –EB, –G, –H, –J, –JB, –K, –KB, –L, –LB, –M, –NB, –P, –R, –T, –UB, –VB, and –WB; TSIO–550–A, –B, –C, –E, –G, –K, and –N; TSIOF–550–K; and TSIOL–550–A, –B, and –C model reciprocating engines. (d) Subject Joint Aircraft System Component (JASC) Code 8520, Reciprocating Engine Power Section. (e) Unsafe Condition This AD was prompted by a report of a quality escape involving improper installation of counterweight retaining rings in the counterweight groove during manufacture. The FAA is issuing this AD to prevent departure of counterweight and retaining hardware from the crankshaft assembly. The unsafe condition, if not addressed, could result in loss of engine oil pressure, catastrophic engine damage, engine seizure, and consequent loss of the aircraft. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Required Action For affected engines with an installed crankshaft assembly identified in paragraphs (g)(1) or (2) of this AD, before further flight, do the actions identified in, and in accordance with paragraph III, Action Required, of Continental Mandatory Service Bulletin MSB23–01, Revision A, dated February 16, 2023 (MSB23–01A). (1) Crankshaft assembly having a crankshaft serial number listed in Appendix 1 of MSB23–01A; or (2) Crankshaft assembly that was repaired or installed on or after June 1, 2021, having PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 11385 a part number and crankshaft serial number listed in Appendix 2 of MSB23–01A. (h) Exception to the Service Information Where paragraph III.1.a. of MSB23–01A specifies actions for spare crankshaft assemblies, this AD does not require those actions. (i) Parts Installation Prohibition After the effective date of this AD, do not install on any engine a crankshaft assembly having a crankshaft serial number identified in Appendix 1 or Appendix 2 of MSB23– 01A, unless the actions required by paragraph (g) of this AD have first been accomplished for that crankshaft assembly. (j) Credit for Previous Actions This paragraph provides credit for the actions specified in paragraph (g) of this AD, if those actions were performed before the effective date of this AD using Continental Mandatory Service Bulletin MSB23–01, dated February 13, 2023. (k) Special Flight Permit Special flight permits may be issued in accordance with 14 CFR 21.197 and 21.199 to permit a one-time, non-revenue ferry flight to operate the aircraft to a location where the maintenance actions can be performed, provided that: (1) The engine oil filter pleats or screen are first inspected and there is no evidence of metal contamination; or (2) An oil change has been done within the previous 5 flight hours, and there was no evidence of metal contamination in the oil filter pleats or screen. (l) Alternative Methods of Compliance (AMOCs) (1) The Manager, Atlanta ACO 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 (m) of this AD. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office. (m) Related Information For more information about this AD, contact Nicholas Reid, Aviation Safety Engineer, Atlanta ACO Branch, FAA, 1701 Columbia Avenue, College Park, GA 30337; phone: (404) 474–5650; email: nicholas.j.reid@faa.gov. (n) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise. E:\FR\FM\23FER1.SGM 23FER1 11386 Federal Register / Vol. 88, No. 36 / Thursday, February 23, 2023 / Rules and Regulations (i) Continental Aerospace Technologies, Inc. Mandatory Service Bulletin MSB23–01, Revision A, dated February 16, 2023. (ii) Reserved. (3) For Continental service information identified in this AD, contact Continental Aerospace Technologies, Inc., 2039 South Broad Street, Mobile, AL 36615; phone: (251) 308–9100; email: MSB23Support@ continental.aero; website: continental.aero. (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: www.archives.gov/federal-register/cfr/ibrlocations.html. Issued on February 16, 2023. Christina Underwood, Acting Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2023–03796 Filed 2–17–23; 4:15 pm] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION History The FAA published a final rule in the Federal Register (88 FR 1987, January 12, 2023) for Docket No. FAA–2022– 0922 to establish Class D airspace and amend Class E airspace extending upward from 700 feet above the surface at Craig Field Airport, Selma, AL. In that rule, the effective date was inadvertently published as February 23, 2023. This action delays the effective date to April 20, 2023. Delay of Effective Date Accordingly, pursuant to the authority delegated to me, the effective date for Airspace Docket No. 22–ASO– 15, as published in the Federal Register on January 12, 2023 (88 FR 1987), Airspace Docket No. 22–ASO–15, is hereby delayed from February 23, 2023, to April 20, 2023. Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Comp., p. 389 Issued in College Park, Georgia, on February 15, 2023. Andreese C. Davis, Manager, Airspace & Procedures Team South, Eastern Service Center, Air Traffic Organization. [FR Doc. 2023–03586 Filed 2–22–23; 8:45 am] Federal Aviation Administration BILLING CODE 4910–13–P 14 CFR Part 71 [Docket No. FAA–2022–0922; Airspace Docket No. 22–ASO–15] DEPARTMENT OF HOMELAND SECURITY RIN 2120–AA66 U.S. Customs and Border Protection Establishment of Class D Airspace and Amendment of Class E Airspace; Selma, AL DEPARTMENT OF THE TREASURY Federal Aviation Administration (FAA), DOT. ACTION: Final rule; delay of the effective date. [CBP Dec. 23–02] AGENCY: This action changes the effective date of a final rule published in the Federal Register on January 12, 2023 for Airspace Docket No. 22–ASO– 15. In that rule, the effective date was inadvertently published as February 23, 2023. This action delays the effective date to April 20, 2023. DATES: The effective date of the final rule published January 12, 2023 (88 FR 1987), is delayed to April 20, 2023. FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support Group, Eastern Service Center, Federal Aviation Administration, 1701 Columbia Avenue, College Park, GA 30337; Telephone (404) 305–6364. SUPPLEMENTARY INFORMATION: lotter on DSK11XQN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 15:53 Feb 22, 2023 Jkt 259001 19 CFR Part 12 RIN 1515–AE78 Extension of Import Restrictions Imposed on Certain Archaeological Material of Belize U.S. Customs and Border Protection, Department of Homeland Security; Department of the Treasury. ACTION: Final rule. AGENCY: This document amends the U.S. Customs and Border Protection (CBP) regulations to reflect an extension of import restrictions on certain archaeological material of Belize. The Assistant Secretary for Educational and Cultural Affairs, United States Department of State (Department of State), has determined that conditions continue to warrant the imposition of import restrictions and that no cause for suspension exists. The restrictions, SUMMARY: PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 originally imposed by CBP Dec. 13–05, will be extended for an additional fiveyear period through February 23, 2028, and the CBP regulations are being amended to reflect this extension. CBP Dec. 13–05 contains the Designated List of archaeological materials from Belize to which the restrictions apply. DATES: Effective on February 23, 2023. FOR FURTHER INFORMATION CONTACT: For legal aspects, W. Richmond Beevers, Chief, Cargo Security, Carriers and Restricted Merchandise Branch, Regulations and Rulings, Office of Trade, (202) 325–0084, ototrrculturalproperty@cbp.dhs.gov. For operational aspects, Julie L. Stoeber, Chief, 1USG Branch, Trade Policy and Programs, Office of Trade, (202) 945– 7064, 1USGBranch@cbp.dhs.gov. SUPPLEMENTARY INFORMATION: Background Under the Convention on Cultural Property Implementation Act (Pub. L. 97–446, 19 U.S.C. 2601 et seq.) (CPIA), which implements the 1970 United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (823 U.N.T.S. 231 (1972)) (Convention), the United States may enter into an international agreement with another State Party to the Convention to impose import restrictions on eligible archaeological and ethnological materials. Under CPIA and the applicable U.S. Customs and Border Protection (CBP) regulations, found in section 12.104 of title 19 of the Code of Federal Regulations (19 CFR 12.104), the restrictions are effective for no more than five years beginning on the date on which an agreement enters into force with respect to the United States (19 U.S.C. 2602(b)). This period may be extended for additional periods, each extension not to exceed five years, if it is determined that the factors justifying the initial agreement still pertain and no cause for suspension of the agreement exists (19 U.S.C. 2602(e); 19 CFR 12.104g(a)). On February 27, 2013, the United States entered into a memorandum of understanding with the Government of Belize (Belize), concerning the imposition of import restrictions on certain categories of archaeological material of Belize (2013 MOU). On March 5, 2013, CBP published a final rule, CBP Dec. 13–05, in the Federal Register (78 FR 14183), amending 19 CFR 12.104g(a) to reflect the imposition of restrictions on this material, including a list designating the types of E:\FR\FM\23FER1.SGM 23FER1

Agencies

[Federal Register Volume 88, Number 36 (Thursday, February 23, 2023)]
[Rules and Regulations]
[Pages 11383-11386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03796]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

========================================================================


Federal Register / Vol. 88, No. 36 / Thursday, February 23, 2023 / 
Rules and Regulations

[[Page 11383]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0172; Project Identifier AD-2023-00265-E; 
Amendment 39-22355; AD 2023-04-08]
RIN 2120-AA64


Airworthiness Directives; Continental Aerospace Technologies, 
Inc. Reciprocating Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Continental Aerospace Technologies, Inc. (Continental) GTSIO-
520-C, -D, -H, -K, -L, -M, -N, and -S; IO-360-A, -AB, -AF, -C, -CB, -D, 
-DB, -E, -ES, -G, -GB, -H, -HB, -J, -JB, -K, and -KB; IO-470-D, -E, -G, 
-H, -J, -K, -L, -M, -N, -P, -R, -S, -T, -U, -V, and -VO; IO-520-A, -B, 
-BA, -BB, -C, -CB, -D, -E, -F, -J, -K, -L, -M, and -MB; IO-550-A, -B, -
C, -D, -E, -F, -G, -L, -N, -P, and -R; LTSIO-360-E, -EB, -KB, and -RB; 
LTSIO-520-AE; O-470-A, -B, -E, -G, -H, -J, -K, -L, -M, -N, -R, -S, -T, 
and -U; TSIO-360-A, -AB, -B, -BB, -C, -CB, -D, -DB, -E, -EB, -G, -GB, -
H, -HB, -JB, -KB, -LB, -MB, -RB, and -SB; TSIO-520-A, -AE, -AF, -B, -
BB, -BE, -C, -CE, -D, -DB, -E, -EB, -G, -H, -J, -JB, -K, -KB, -L, -LB, 
-M, -NB, -P, -R, -T, -UB, -VB, and -WB; TSIO-550-A, -B, -C, -E, -G, -K, 
and -N; TSIOF-550-K; and TSIOL-550-A, -B, and -C model reciprocating 
engines. This AD was prompted by a report of a quality escape involving 
improper installation of counterweight retaining rings in the engine 
crankshaft counterweight groove during manufacture. This AD requires 
inspection of the crankshaft assembly for proper installation of the 
counterweight retaining rings in the counterweight groove, and 
corrective actions if improper installation is found. The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective February 23, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of February 23, 
2023.
    The FAA must receive comments on this AD by April 10, 2023.

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 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.
    AD Docket: You may examine the AD docket at regulations.gov by 
searching for and locating Docket No. FAA-2023-0172; 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, any 
comments received, and other information. The street address for Docket 
Operations is listed above.
    Material Incorporated by Reference:
     For Continental service information identified in this 
final rule, contact Continental Aerospace Technologies, Inc., 2039 
South Broad Street, Mobile, AL 36615; phone: (251) 308-9100; email: 
[email protected]; website: continental.aero.
     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 regulations.gov by searching for and locating Docket 
No. FAA-2023-0172.

FOR FURTHER INFORMATION CONTACT: Nicholas Reid, Aviation Safety 
Engineer, Atlanta ACO Branch, FAA, 1701 Columbia Avenue, College Park, 
GA 30337; phone: (404) 474-5650; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The FAA received a report of a quality escape involving improper 
installation and inspection of counterweight retaining rings in the 
engine crankshaft counterweight groove during manufacture. The FAA has 
also received reports of two ground engine seizures and one in-flight 
loss of engine oil pressure due to improper installation of the 
counterweight retaining rings during manufacture. The counterweight 
retaining rings are part of the engine crankshaft counterweight 
assembly retention system. Loosening of a counterweight retaining ring 
may result in the loss of retention of the counterweight. This 
condition, if not addressed, could result in loss of engine oil 
pressure, catastrophic engine damage, and possible engine seizure. The 
FAA is issuing this AD to address the unsafe condition on these 
products.

FAA's Determination

    The FAA is issuing this AD because the agency has determined the 
unsafe condition described previously is likely to exist or develop in 
other products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Continental Mandatory Service Bulletin MSB23-01, 
Revision A, dated February 16, 2023 (MSB23-01A). This service 
information specifies procedures for inspection of the crankshaft 
assembly for improper installation of the counterweight retaining rings 
in the counterweight, and corrective actions if improper installation 
is found. 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 accomplishing the actions specified in paragraph 
III, Action Required, of MSB23-01A, except as discussed in ``Exception 
to the Service Information.''

Differences Between This AD and the Service Information

    The service information specifies compliance for engines with less 
than 200 operating hours, while this AD

[[Page 11384]]

requires compliance for all affected engines, regardless of the 
operating hours. The FAA has determined that this unsafe condition, of 
improperly installed counterweight retaining rings, is likely to exist 
on affected engines. While the manufacturer's service information 
excludes engines accumulating 200 or more operating hours, the FAA has 
not, as of yet, been provided with adequate data to support that 
exclusion. In the event the FAA receives data to support the exclusion 
of engines with more than 200 operating hours, or make other changes to 
this AD, the FAA may consider further rulemaking.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies foregoing notice and comment prior to adoption of this rule. 
The manufacturer discovered an assembly error for the affected engines. 
It is possible that one or more counterweight retaining rings were not 
properly seated in the crankshaft counterweight groove of the engine. 
This condition could allow the counterweight to depart from the 
crankshaft during engine operation. Because of the urgency of the 
unsafe condition, this AD requires inspection of any affected 
crankshaft assembly before further flight. The manufacturing quality 
escape has resulted in ground engine seizures and an in-flight loss of 
engine oil pressure, which could lead to catastrophic engine damage, 
engine seizure, and consequent loss of the aircraft. Due to the low 
operational hours on the known crankshaft assembly failures, the short-
term risk to the fleet is such that expeditious action must be taken 
and therefore this AD is effective upon publication. The FAA is issuing 
this AD to address the unsafe condition on these products. As the 
affected crankshaft assembly must be inspected before further flight 
after the effective date of this AD, the compliance time for the 
required actions is shorter than the time necessary to allow for public 
comment and for the FAA to publish a final rule. Accordingly, notice 
and opportunity for prior public comment are impracticable and contrary 
to the public interest pursuant to 5 U.S.C. 553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days, 
for the same reasons the FAA found good cause to forego notice and 
comment.

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2023-0172; Project Identifier AD-
2023-00265-E'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
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 
Nicholas Reid, Aviation Safety Engineer, Atlanta ACO Branch, FAA, 1701 
Columbia Avenue, College Park, GA 30337. 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 manufacturer has notified the FAA that 2,176 crankshaft 
assemblies are subject to the unsafe condition. The FAA estimates that 
of those 2,176 crankshaft assemblies, 1,632 are installed on aircraft 
of U.S. registry. The FAA estimates that 544 engines will need to 
remove one cylinder, 544 engines will need to remove two cylinders, and 
544 engines will need to remove three cylinders for compliance with 
this AD.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Remove one cylinder...................  10 work-hours x $85 per               $0            $850        $462,400
                                         hour = $850.
Remove two cylinders..................  18 work-hours x $85 per                0           1,530         832,320
                                         hour = 1,530.
Remove three cylinders................  22 work-hours x $85 per                0           1,870       1,017,280
                                         hour = $1,870.
Inspect crankshaft counterweight        0.75 work-hours x $85                  0              64         104,448
 retaining rings.                        per hour = $64.
Reposition, repeat, or remove/install   1.5 work-hours x $85 per               0          127.50         201,080
 counterweight assemblies.               hour = $127.50.
----------------------------------------------------------------------------------------------------------------


[[Page 11385]]

    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 adding the following new airworthiness 
directive:

2023-04-08 Continental Aerospace Technologies, Inc.: Amendment 39-
22355; Docket No. FAA-2023-0172; Project Identifier AD-2023-00265-E.

(a) Effective Date

    This airworthiness directive (AD) is effective February 23, 
2023.

(b) Affected ADs

    None.

(c) Applicability

    Continental Aerospace Technologies, Inc. (Continental) GTSIO-
520-C, -D, -H, -K, -L, -M, -N, and -S; IO-360-A, -AB, -AF, -C, -CB, 
-D, -DB, -E, -ES, -G, -GB, -H, -HB, -J, -JB, -K, and -KB; IO-470-D, 
-E, -G, -H, -J, -K, -L, -M, -N, -P, -R, -S, -T, -U, -V, and -VO; IO-
520-A, -B, -BA, -BB, -C, -CB, -D, -E, -F, -J, -K, -L, -M, and -MB; 
IO-550-A, -B, -C, -D, -E, -F, -G, -L, -N, -P, and -R; LTSIO-360-E, -
EB, -KB, and -RB; LTSIO-520-AE; O-470-A, -B, -E, -G, -H, -J, -K, -L, 
-M, -N, -R, -S, -T, and -U; TSIO-360-A, -AB, -B, -BB, -C, -CB, -D, -
DB, -E, -EB, -G, -GB, -H, -HB, -JB, -KB, -LB, -MB, -RB, and -SB; 
TSIO-520-A, -AE, -AF, -B, -BB, -BE, -C, -CE, -D, -DB, -E, -EB, -G, -
H, -J, -JB, -K, -KB, -L, -LB, -M, -NB, -P, -R, -T, -UB, -VB, and -
WB; TSIO-550-A, -B, -C, -E, -G, -K, and -N; TSIOF-550-K; and TSIOL-
550-A, -B, and -C model reciprocating engines.

(d) Subject

    Joint Aircraft System Component (JASC) Code 8520, Reciprocating 
Engine Power Section.

(e) Unsafe Condition

    This AD was prompted by a report of a quality escape involving 
improper installation of counterweight retaining rings in the 
counterweight groove during manufacture. The FAA is issuing this AD 
to prevent departure of counterweight and retaining hardware from 
the crankshaft assembly. The unsafe condition, if not addressed, 
could result in loss of engine oil pressure, catastrophic engine 
damage, engine seizure, and consequent loss of the aircraft.

(f) Compliance

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

(g) Required Action

    For affected engines with an installed crankshaft assembly 
identified in paragraphs (g)(1) or (2) of this AD, before further 
flight, do the actions identified in, and in accordance with 
paragraph III, Action Required, of Continental Mandatory Service 
Bulletin MSB23-01, Revision A, dated February 16, 2023 (MSB23-01A).
    (1) Crankshaft assembly having a crankshaft serial number listed 
in Appendix 1 of MSB23-01A; or
    (2) Crankshaft assembly that was repaired or installed on or 
after June 1, 2021, having a part number and crankshaft serial 
number listed in Appendix 2 of MSB23-01A.

(h) Exception to the Service Information

    Where paragraph III.1.a. of MSB23-01A specifies actions for 
spare crankshaft assemblies, this AD does not require those actions.

(i) Parts Installation Prohibition

    After the effective date of this AD, do not install on any 
engine a crankshaft assembly having a crankshaft serial number 
identified in Appendix 1 or Appendix 2 of MSB23-01A, unless the 
actions required by paragraph (g) of this AD have first been 
accomplished for that crankshaft assembly.

(j) Credit for Previous Actions

    This paragraph provides credit for the actions specified in 
paragraph (g) of this AD, if those actions were performed before the 
effective date of this AD using Continental Mandatory Service 
Bulletin MSB23-01, dated February 13, 2023.

(k) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR 
21.197 and 21.199 to permit a one-time, non-revenue ferry flight to 
operate the aircraft to a location where the maintenance actions can 
be performed, provided that:
    (1) The engine oil filter pleats or screen are first inspected 
and there is no evidence of metal contamination; or
    (2) An oil change has been done within the previous 5 flight 
hours, and there was no evidence of metal contamination in the oil 
filter pleats or screen.

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Atlanta ACO 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 (m) of this AD.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(m) Related Information

    For more information about this AD, contact Nicholas Reid, 
Aviation Safety Engineer, Atlanta ACO Branch, FAA, 1701 Columbia 
Avenue, College Park, GA 30337; phone: (404) 474-5650; email: 
[email protected].

(n) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.

[[Page 11386]]

    (i) Continental Aerospace Technologies, Inc. Mandatory Service 
Bulletin MSB23-01, Revision A, dated February 16, 2023.
    (ii) Reserved.
    (3) For Continental service information identified in this AD, 
contact Continental Aerospace Technologies, Inc., 2039 South Broad 
Street, Mobile, AL 36615; phone: (251) 308-9100; email: 
[email protected]; website: continental.aero.
    (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: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on February 16, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-03796 Filed 2-17-23; 4:15 pm]
BILLING CODE 4910-13-P

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