83_FR_15804 83 FR 15733 - Airworthiness Directives; Austro Engine GmbH Engines

83 FR 15733 - Airworthiness Directives; Austro Engine GmbH Engines

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 83, Issue 71 (April 12, 2018)

Page Range15733-15736
FR Document2018-07540

We are adopting a new airworthiness directive (AD) for all Austro Engine GmbH model E4 and E4P diesel piston engines. This AD requires replacement of the waste gate controller and the control rod circlip. This AD was prompted by reports of broken or disconnected turbocharger waste gate control rods on some engines. We are issuing this AD to address the unsafe condition on these products.

Federal Register, Volume 83 Issue 71 (Thursday, April 12, 2018)
[Federal Register Volume 83, Number 71 (Thursday, April 12, 2018)]
[Rules and Regulations]
[Pages 15733-15736]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07540]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0153; Product Identifier 2018-NE-03-AD; Amendment 
39-19247; AD 2018-07-16]
RIN 2120-AA64


Airworthiness Directives; Austro Engine GmbH Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all 
Austro Engine GmbH model E4 and E4P diesel piston engines. This AD 
requires replacement of the waste gate controller and the control rod 
circlip. This AD was prompted by reports of broken or disconnected 
turbocharger waste gate control rods on some engines. We are issuing 
this AD to address the unsafe condition on these products.

DATES: This AD is effective April 27, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 27, 
2018.
    We must receive comments on this AD by May 29, 2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this final rule, contact 
Austro Engine GmbH, Rudolf-Diesel-Strasse 11, A-2700 Weiner Neustadt, 
Austria; phone: +43 2622 23000; fax: +43 2622 23000-2711; internet: 
www.austroengine.at. You may view this service information at the FAA, 
Engine & Propeller Standards Branch, 1200 District Avenue, Burlington, 
MA 01803. For information on the

[[Page 15734]]

availability of this material at the FAA, call 781-238-7759. It is also 
available on the internet at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2018-0153.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0153; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this final rule, the regulatory evaluation, any comments received, and 
other information. The street address for the Docket Operations (phone: 
800-647-5527) is listed above. Comments will be available in the AD 
docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Robert Green, Aerospace Engineer, ECO 
Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 781-
238-7754; fax: 781-238-7199; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
AD 2017-0250, dated December 18, 2017 (referred to after this as the 
MCAI), to address an unsafe condition for the specified products. The 
MCAI states:

    Occurrences have been reported where, on some engines, 
turbocharger waste gate control rods were found broken and/or 
disconnected. Investigation results indicate that these failures 
were due to insufficient fatigue life or improper handling of the 
waste gate control rod and improper installation of the non spring 
loaded waste gate control rod circlip.
    These conditions, if not corrected, could lead to improper 
operation of the waste gate with consequent engine power loss, 
possibly resulting in reduced control of the aeroplane.
    To address these potential unsafe conditions, Austro Engine 
designed a new spring loaded waste gate control rod circlip and 
published Mandatory Service Bulletin (MSB) MSB-E4-022, later 
revised, EASA AD No. 2017-0250 introducing a life limit for the 
affected waste gate controllers and waste gate control rod circlips.
    For the reason described above, this [EASA] AD requires 
implementation of those life limits, and prohibits reinstallation of 
non spring loaded circlips.

    You may obtain further information by examining the MCAI in the AD 
docket on the internet at http://www.regulations.gov by searching for 
and locating Docket No. FAA-2018-0153.

Related Service Information Under 1 CFR Part 51

    We reviewed Austro Engine Mandatory Service Bulletin (MSB) No. MSB-
E4-022/2, Rev. No. 2, November 27, 2017. The MSB describes procedures 
for replacement of the waste gate controller and the control rod 
circlip. This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

Other Related Service Information

    We also reviewed Austro Engine GmbH MSB No. MSB-E4-002/2, Rev. No. 
2, dated April 1, 2015. This MSB describes E4 and E4P model engine 
configurations.

FAA's Determination

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

AD Requirements

    This AD requires replacement of the waste gate controller and the 
control rod circlip.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies waiving notice and comment prior to adoption of this rule 
because the compliance time for the action is less than the time 
required for public comment. The FAA has reviewed and agrees with 
EASA's determination that certain affected waste gate controller and 
control rod circlip must be replaced within 50 flight hours or 2 
months. Failure to replace these parts within the required compliance 
times could lead to improper operation of the waste gate controller 
with consequent engine power loss and reduced control of the airplane. 
Therefore, we find good cause that notice and opportunity for prior 
public comment are impracticable. In addition, for the reason stated 
above, we find that good cause exists for making this amendment 
effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety and was not preceded by notice and an opportunity for public 
comment. However, we invite you to send any written data, views, or 
arguments about this final rule. Send your comments to an address 
listed under the ADDRESSES section. Include the docket number FAA-2018-
0153 and Product Identifier 2018-NE-03-AD at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this final rule. We will 
consider all comments received by the closing date and may amend this 
final rule because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this final rule.

Costs of Compliance

    We estimate that this AD affects 211 engines installed on airplanes 
of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Replace Turbocharger Waste Gate         1.5 work-hours x $85 per            $235         $362.50         $76,488
 Controller and Circlip.                 hour = $127.50.
----------------------------------------------------------------------------------------------------------------


[[Page 15735]]

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to engines, propellers, and 
associated appliances to the Manager, Engine and Propeller Standards 
Branch, Policy and Innovation Division.

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2018-07-16 Austro Engine GmbH Engines: Amendment 39-19247; Docket 
No. FAA-2018-0153; Product Identifier 2018-NE-03-AD.

(a) Effective Date

    This AD is effective April 27, 2018.

(b) Affected ADs

    None.

(c) Applicability

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

(d) Subject

    Joint Aircraft System Component (JASC) Code 8560, Reciprocating 
Engine Supercharger.

(e) Unsafe Condition

    This AD was prompted by reports of broken or disconnected 
turbocharger waste gate control rods on some engines. We are issuing 
this AD to prevent failure of the turbocharger waste gate control 
rod. The unsafe condition, if not addressed, could result in loss of 
engine thrust control and reduced control of the airplane.

(f) Compliance

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

(g) Required Actions

    Within the compliance times identified in Table 1 to paragraph 
(g) of this AD, and thereafter at intervals not to exceed 250 flight 
hours (FHs), replace the waste gate controller and control rod 
circlip in accordance with the Accomplishment Instructions, 
Paragraph 2.1, of Austro Engine GmbH Mandatory Service Bulletin 
(MSB) No. MSB-E4-022/2, Rev. No. 2, dated November 27, 2017.
[GRAPHIC] [TIFF OMITTED] TR12AP18.002

(h) Installation Prohibition

    Do not install on any engine a non-spring loaded waste gate 
control rod circlip, part number DIN6799-5, after the effective date 
of this AD.

(i) Definitions

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

(j) Credit for Previous Actions

    You may take credit for replacement of the waste gate controller 
and control rod circlip required by paragraph (g) of this AD if you 
performed this action before the effective date of this AD using 
earlier versions of Austro Engine MSB No. MSB-E4-022.

[[Page 15736]]

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, ECO Branch, FAA, has the authority to approve 
AMOCs for this AD, if requested using the procedures found in 14 CFR 
39.19. In accordance with 14 CFR 39.19, send your request to your 
principal inspector or local Flight Standards District Office, as 
appropriate. If sending information directly to the manager of the 
certification office, send it to the attention of the person 
identified in paragraph (l)(1) of this AD. You may email your 
request to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(l) Related Information

    (1) For more information about this AD, contact Robert Green, 
Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue, 
Burlington, MA 01803; phone: 781-238-7754; fax: 781-238-7199; email: 
[email protected].
    (2) Refer to European Aviation Safety Agency (EASA) AD 2017-
0250, dated December 18, 2017, for more information. You may examine 
the EASA AD in the AD docket on the internet at http://www.regulations.gov by searching for and locating it in Docket No. 
FAA-2018-0153.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Austro Engine GmbH Mandatory Service Bulletin No. MSB-E4-
022/2, Rev. No. 2, dated November 27, 2017.
    (ii) Reserved.
    (3) For Austro Engine GmbH service information identified in 
this AD, contact Austro Engine GmbH, Rudolf-Diesel-Strasse 11, A-
2700 Weiner Neustadt, Austria; phone: +43 2622 23000; fax: +43 2622 
23000-2711; internet: www.austroengine.at.
    (4) You may view this service information at FAA, Engine & 
Propeller Standards Branch, 1200 District Avenue, Burlington, MA. 
For information on the availability of this material at the FAA, 
call 781-238-7759.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Burlington, Massachusetts, on April 3, 2018.
Robert J. Ganley,
Manager, Engine and Propeller Standards Branch, Aircraft Certification 
Service.
[FR Doc. 2018-07540 Filed 4-11-18; 8:45 am]
 BILLING CODE 4910-13-P



                                                                 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Rules and Regulations                                        15733

                                              § 39.13   [Amended]                                     send it to the attention of the person                DEPARTMENT OF TRANSPORTATION
                                              ■ 2. The FAA amends § 39.13 by adding                   identified in paragraph (j)(1) of this AD. You
                                              the following new airworthiness                         may email your request to: ANE-AD-AMOC@               Federal Aviation Administration
                                              directive (AD):                                         faa.gov.
                                                                                                        (2) Before using any approved AMOC,                 14 CFR Part 39
                                              2018–07–17 Safran Helicopter Engines                    notify your appropriate principal inspector,
                                                  (Type Certificate previously held by                                                                      [Docket No. FAA–2018–0153; Product
                                                                                                      or lacking a principal inspector, the manager
                                                  Turbomeca, S.A.): Amendment 39–                                                                           Identifier 2018–NE–03–AD; Amendment 39–
                                                                                                      of the local flight standards district office/        19247; AD 2018–07–16]
                                                  19248; Docket No. FAA–2018–0184;
                                                  Product Identifier 2018–NE–07–AD.                   certificate holding district office.
                                                                                                                                                            RIN 2120–AA64
                                              (a) Effective Date                                      (j) Related Information
                                                This AD is effective April 27, 2018.                    (1) For more information about this AD,             Airworthiness Directives; Austro
                                                                                                      contact Robert Green, Aerospace Engineer,             Engine GmbH Engines
                                              (b) Affected ADs
                                                                                                      ECO Branch, FAA, 1200 District Avenue,
                                                None.                                                                                                       AGENCY:  Federal Aviation
                                                                                                      Burlington, MA 01803; phone: 781–238–
                                                                                                      7754; fax: 781–238–7199; email:
                                                                                                                                                            Administration (FAA), DOT.
                                              (c) Applicability
                                                                                                      robert.green@faa.gov.                                 ACTION: Final rule; request for
                                                 This AD applies to Safran Helicopter                                                                       comments.
                                              Engines, S.A., Arrius 2B1, 2B1A, 2B2, and                 (2) Refer to European Aviation Safety
                                              2K1 turboshaft engines with a power turbine             Agency (EASA) AD 2018–0044, dated
                                                                                                      February 14, 2018, for more information. You
                                                                                                                                                            SUMMARY:    We are adopting a new
                                              wheel (PTW) assembly having a serial
                                                                                                      may examine the EASA AD in the AD docket
                                                                                                                                                            airworthiness directive (AD) for all
                                              number listed in Appendix 2.1 of Safran
                                              Helicopter Engines Mandatory Service                    on the internet at http://www.regulations.gov
                                                                                                                                                            Austro Engine GmbH model E4 and E4P
                                              Bulletin (MSB) No. A319 72 2854, Version A,             by searching for and locating it in Docket No.        diesel piston engines. This AD requires
                                              dated February 9, 2018.                                 FAA–2018–0184.                                        replacement of the waste gate controller
                                                                                                                                                            and the control rod circlip. This AD was
                                              (d) Subject                                             (k) Material Incorporated by Reference                prompted by reports of broken or
                                                Joint Aircraft System Component (JASC)                   (1) The Director of the Federal Register           disconnected turbocharger waste gate
                                              Code 7250, Turbine Section.                                                                                   control rods on some engines. We are
                                                                                                      approved the incorporation by reference
                                              (e) Unsafe Condition                                    (IBR) of the service information listed in this       issuing this AD to address the unsafe
                                                 This AD was prompted by an engine                    paragraph under 5 U.S.C. 552(a) and 1 CFR             condition on these products.
                                              failure caused by missing turbine blade                 part 51.                                              DATES: This AD is effective April 27,
                                              dampers. We are issuing this AD to prevent                 (2) You must use this service information          2018.
                                              failure of a power turbine blade. The unsafe            as applicable to do the actions required by              The Director of the Federal Register
                                              condition, if not addressed, could result in            this AD, unless the AD specifies otherwise.           approved the incorporation by reference
                                              loss of engine power in flight and reduced                 (i) Safran Helicopter Engines Alert
                                              control of the helicopter.                                                                                    of a certain publication listed in this AD
                                                                                                      Mandatory Service Bulletin No. A319 72                as of April 27, 2018.
                                              (f) Compliance                                          2854, Version A, dated February 9, 2018.                 We must receive comments on this
                                                 Comply with this AD within the                          (ii) Reserved.                                     AD by May 29, 2018.
                                              compliance times specified, unless already                 (3) For Safran Helicopter Engines service
                                                                                                                                                            ADDRESSES: You may send comments,
                                              done.                                                   information identified in this AD, contact
                                                                                                                                                            using the procedures found in 14 CFR
                                                                                                      Safran Helicopter Engines, S.A., 40220
                                              (g) Required Actions                                                                                          11.43 and 11.45, by any of the following
                                                                                                      Tarnos, France; phone: (33) 05 59 74 40 00;
                                                 Within 20 flight hours or 30 days after the          fax: (33) 05 59 74 45 15.
                                                                                                                                                            methods:
                                              effective date of this AD, whichever occurs                (4) You may view this service information
                                                                                                                                                               • Federal eRulemaking Portal: Go to
                                              first:
                                                                                                      at FAA, Engine & Propeller Standards
                                                                                                                                                            http://www.regulations.gov. Follow the
                                                 (1) Inspect the PTW in accordance with                                                                     instructions for submitting comments.
                                                                                                      Branch, 1200 District Avenue, Burlington,
                                              paragraph 2.4.2.3 of Safran Helicopter
                                                                                                      MA. For information on the availability of               • Fax: 202–493–2251.
                                              Engines MSB No. A319 72 2854, Version A,                                                                         • Mail: U.S. Department of
                                              dated February 9, 2018; and                             this material at the FAA, call 781–238–7759.
                                                                                                         (5) You may view this service information          Transportation, Docket Operations,
                                                 (2) If, as a result of the inspection required
                                              by paragraph (g)(1) of this AD, any dampers             that is incorporated by reference at the              M–30, West Building Ground Floor,
                                              are found missing, replace the PTW with a               National Archives and Records                         Room W12–140, 1200 New Jersey
                                              part eligible for installation before further           Administration (NARA). For information on             Avenue SE, Washington, DC 20590.
                                              flight.                                                 the availability of this material at NARA, call          • Hand Delivery: U.S. Department of
                                                                                                      202–741–6030, or go to: http://                       Transportation, Docket Operations,
                                              (h) Installation Prohibition
                                                                                                      www.archives.gov/federal-register/cfr/ibr-            M–30, West Building Ground Floor,
                                                 Do not install an engine with a PTW with                                                                   Room W12–140, 1200 New Jersey
                                              a serial number listed in Appendix 2.1 of               locations.html.
                                                                                                                                                            Avenue SE, Washington, DC 20590,
                                              Safran Helicopter Engines MSB A319 72                     Issued in Burlington, Massachusetts, on
                                              2854, Version A, dated February 9, 2018,                                                                      between 9 a.m. and 5 p.m., Monday
                                                                                                      April 6, 2018.
                                              unless all thirty-one blade dampers are                                                                       through Friday, except Federal holidays.
                                                                                                      Robert J. Ganley,                                        For service information identified in
                                              installed.
                                                                                                      Manager, Engine and Propeller Standards               this final rule, contact Austro Engine
                                              (i) Alternative Methods of Compliance                   Branch, Aircraft Certification Service.               GmbH, Rudolf-Diesel-Strasse 11,
                                              (AMOCs)
                                                                                                      [FR Doc. 2018–07541 Filed 4–11–18; 8:45 am]           A–2700 Weiner Neustadt, Austria;
sradovich on DSK3GMQ082PROD with RULES




                                                 (1) The Manager, ECO Branch, FAA, has                                                                      phone: +43 2622 23000; fax: +43 2622
                                                                                                      BILLING CODE 4910–13–P
                                              the authority to approve AMOCs for this AD,
                                                                                                                                                            23000–2711; internet:
                                              if requested using the procedures found in 14
                                              CFR 39.19. In accordance with 14 CFR 39.19,                                                                   www.austroengine.at. You may view
                                              send your request to your principal inspector                                                                 this service information at the FAA,
                                              or local Flight Standards District Office, as                                                                 Engine & Propeller Standards Branch,
                                              appropriate. If sending information directly                                                                  1200 District Avenue, Burlington, MA
                                              to the manager of the certification office,                                                                   01803. For information on the


                                         VerDate Sep<11>2014   15:50 Apr 11, 2018   Jkt 244001   PO 00000   Frm 00003   Fmt 4700   Sfmt 4700   E:\FR\FM\12APR1.SGM   12APR1


                                              15734              Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Rules and Regulations

                                              availability of this material at the FAA,               affected waste gate controllers and waste gate        AD without providing an opportunity
                                              call 781–238–7759. It is also available                 control rod circlips.                                 for public comments prior to adoption.
                                              on the internet at http://                                 For the reason described above, this               The FAA has found that the risk to the
                                              www.regulations.gov by searching for                    [EASA] AD requires implementation of those            flying public justifies waiving notice
                                                                                                      life limits, and prohibits reinstallation of non
                                              and locating Docket No. FAA–2018–                       spring loaded circlips.
                                                                                                                                                            and comment prior to adoption of this
                                              0153.                                                                                                         rule because the compliance time for the
                                                                                                        You may obtain further information                  action is less than the time required for
                                              Examining the AD Docket                                 by examining the MCAI in the AD                       public comment. The FAA has reviewed
                                                You may examine the AD docket on                      docket on the internet at http://                     and agrees with EASA’s determination
                                              the internet at http://                                 www.regulations.gov by searching for                  that certain affected waste gate
                                              www.regulations.gov by searching for                    and locating Docket No. FAA–2018–                     controller and control rod circlip must
                                              and locating Docket No. FAA–2018–                       0153.                                                 be replaced within 50 flight hours or 2
                                              0153; or in person at Docket Operations                 Related Service Information Under 1                   months. Failure to replace these parts
                                              between 9 a.m. and 5 p.m., Monday                       CFR Part 51                                           within the required compliance times
                                              through Friday, except Federal holidays.                                                                      could lead to improper operation of the
                                              The AD docket contains this final rule,                   We reviewed Austro Engine
                                                                                                                                                            waste gate controller with consequent
                                              the regulatory evaluation, any                          Mandatory Service Bulletin (MSB) No.
                                                                                                                                                            engine power loss and reduced control
                                              comments received, and other                            MSB–E4–022/2, Rev. No. 2, November
                                                                                                                                                            of the airplane. Therefore, we find good
                                              information. The street address for the                 27, 2017. The MSB describes procedures
                                                                                                                                                            cause that notice and opportunity for
                                              Docket Operations (phone: 800–647–                      for replacement of the waste gate
                                                                                                                                                            prior public comment are impracticable.
                                              5527) is listed above. Comments will be                 controller and the control rod circlip.
                                                                                                                                                            In addition, for the reason stated above,
                                              available in the AD docket shortly after                This service information is reasonably
                                                                                                                                                            we find that good cause exists for
                                              receipt.                                                available because the interested parties
                                                                                                                                                            making this amendment effective in less
                                                                                                      have access to it through their normal
                                              FOR FURTHER INFORMATION CONTACT:                                                                              than 30 days.
                                                                                                      course of business or by the means
                                              Robert Green, Aerospace Engineer, ECO                   identified in the ADDRESSES section.                  Comments Invited
                                              Branch, FAA, 1200 District Avenue,
                                              Burlington, MA 01803; phone: 781–                       Other Related Service Information                       This AD is a final rule that involves
                                              238–7754; fax: 781–238–7199; email:                                                                           requirements affecting flight safety and
                                                                                                        We also reviewed Austro Engine
                                              robert.green@faa.gov.                                                                                         was not preceded by notice and an
                                                                                                      GmbH MSB No. MSB–E4–002/2, Rev.
                                                                                                                                                            opportunity for public comment.
                                              SUPPLEMENTARY INFORMATION:                              No. 2, dated April 1, 2015. This MSB
                                                                                                                                                            However, we invite you to send any
                                                                                                      describes E4 and E4P model engine
                                              Discussion                                                                                                    written data, views, or arguments about
                                                                                                      configurations.
                                                The European Aviation Safety Agency                                                                         this final rule. Send your comments to
                                                                                                      FAA’s Determination                                   an address listed under the ADDRESSES
                                              (EASA), which is the Technical Agent
                                              for the Member States of the European                     This product has been approved by                   section. Include the docket number
                                              Community, has issued EASA AD 2017–                     EASA, and is approved for operation in                FAA–2018–0153 and Product Identifier
                                              0250, dated December 18, 2017 (referred                 the United States. Pursuant to our                    2018–NE–03–AD at the beginning of
                                              to after this as the MCAI), to address an               bilateral agreement with the European                 your comments. We specifically invite
                                              unsafe condition for the specified                      Community, EASA has notified us of                    comments on the overall regulatory,
                                              products. The MCAI states:                              the unsafe condition described in the                 economic, environmental, and energy
                                                                                                      MCAI and service information                          aspects of this final rule. We will
                                                 Occurrences have been reported where, on                                                                   consider all comments received by the
                                              some engines, turbocharger waste gate                   referenced above. We are issuing this
                                                                                                      AD because we evaluated all the                       closing date and may amend this final
                                              control rods were found broken and/or
                                              disconnected. Investigation results indicate            relevant information provided by EASA                 rule because of those comments.
                                              that these failures were due to insufficient            and determined the unsafe condition                     We will post all comments we
                                              fatigue life or improper handling of the waste          described previously is likely to exist or            receive, without change, to http://
                                              gate control rod and improper installation of           develop in other products of the same                 www.regulations.gov, including any
                                              the non spring loaded waste gate control rod            type design.                                          personal information you provide. We
                                              circlip.                                                                                                      will also post a report summarizing each
                                                 These conditions, if not corrected, could            AD Requirements                                       substantive verbal contact we receive
                                              lead to improper operation of the waste gate              This AD requires replacement of the                 about this final rule.
                                              with consequent engine power loss, possibly
                                              resulting in reduced control of the aeroplane.
                                                                                                      waste gate controller and the control rod             Costs of Compliance
                                                 To address these potential unsafe                    circlip.
                                              conditions, Austro Engine designed a new
                                                                                                                                                              We estimate that this AD affects 211
                                                                                                      FAA’s Justification and Determination                 engines installed on airplanes of U.S.
                                              spring loaded waste gate control rod circlip            of the Effective Date
                                              and published Mandatory Service Bulletin                                                                      registry.
                                              (MSB) MSB–E4–022, later revised, EASA AD                  An unsafe condition exists that                       We estimate the following costs to
                                              No. 2017–0250 introducing a life limit for the          requires the immediate adoption of this               comply with this AD:

                                                                                                                    ESTIMATED COSTS
                                                                                                                                                                              Cost per     Cost on U.S.
sradovich on DSK3GMQ082PROD with RULES




                                                                       Action                                               Labor cost                      Parts cost        product       operators

                                              Replace Turbocharger Waste Gate Controller and                1.5 work-hours × $85 per hour =                          $235        $362.50        $76,488
                                                Circlip.                                                      $127.50.




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                                                                 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Rules and Regulations                                             15735

                                              Authority for This Rulemaking                           substantial direct effect on the States, on           2018–07–16 Austro Engine GmbH Engines:
                                                                                                      the relationship between the national                     Amendment 39–19247; Docket No.
                                                 Title 49 of the United States Code
                                                                                                      government and the States, or on the                      FAA–2018–0153; Product Identifier
                                              specifies the FAA’s authority to issue
                                                                                                      distribution of power and                                 2018–NE–03–AD.
                                              rules on aviation safety. Subtitle I,
                                              section 106, describes the authority of                 responsibilities among the various                    (a) Effective Date
                                              the FAA Administrator. ‘‘Subtitle VII:                  levels of government.
                                                                                                        For the reasons discussed above, I                     This AD is effective April 27, 2018.
                                              Aviation Programs,’’ describes in more
                                              detail the scope of the Agency’s                        certify this AD:                                      (b) Affected ADs
                                                                                                        (1) Is not a ‘‘significant regulatory
                                              authority.                                                                                                       None.
                                                 We are issuing this rulemaking under                 action’’ under Executive Order 12866,
                                                                                                        (2) Is not a ‘‘significant rule’’ under             (c) Applicability
                                              the authority described in Subtitle VII,
                                                                                                      the DOT Regulatory Policies and                         This AD applies to all Austro Engine
                                              Part A, Subpart III, Section 44701:
                                                                                                      Procedures (44 FR 11034, February 26,                 GmbH model E4 and E4P diesel piston
                                              ‘‘General requirements.’’ Under that
                                                                                                      1979),                                                engines.
                                              section, Congress charges the FAA with                    (3) Will not affect intrastate aviation
                                              promoting safe flight of civil aircraft in              in Alaska, and                                        (d) Subject
                                              air commerce by prescribing regulations                   (4) Will not have a significant                       Joint Aircraft System Component (JASC)
                                              for practices, methods, and procedures                  economic impact, positive or negative,                Code 8560, Reciprocating Engine
                                              the Administrator finds necessary for                   on a substantial number of small entities             Supercharger.
                                              safety in air commerce. This regulation                 under the criteria of the Regulatory
                                              is within the scope of that authority                                                                         (e) Unsafe Condition
                                                                                                      Flexibility Act.
                                              because it addresses an unsafe condition                                                                         This AD was prompted by reports of
                                              that is likely to exist or develop on                   List of Subjects in 14 CFR Part 39                    broken or disconnected turbocharger waste
                                              products identified in this rulemaking                    Air transportation, Aircraft, Aviation              gate control rods on some engines. We are
                                              action.                                                 safety, Incorporation by reference,                   issuing this AD to prevent failure of the
                                                 This AD is issued in accordance with                 Safety.                                               turbocharger waste gate control rod. The
                                              authority delegated by the Executive                                                                          unsafe condition, if not addressed, could
                                              Director, Aircraft Certification Service,               Adoption of the Amendment                             result in loss of engine thrust control and
                                              as authorized by FAA Order 8000.51C.                      Accordingly, under the authority                    reduced control of the airplane.
                                              In accordance with that order, issuance                 delegated to me by the Administrator,                 (f) Compliance
                                              of ADs is normally a function of the                    the FAA amends 14 CFR part 39 as                        Comply with this AD within the
                                              Compliance and Airworthiness                            follows:                                              compliance times specified, unless already
                                              Division, but during this transition
                                                                                                                                                            done.
                                              period, the Executive Director has                      PART 39—AIRWORTHINESS
                                              delegated the authority to issue ADs                    DIRECTIVES                                            (g) Required Actions
                                              applicable to engines, propellers, and                                                                          Within the compliance times identified in
                                              associated appliances to the Manager,                   ■ 1. The authority citation for part 39
                                                                                                                                                            Table 1 to paragraph (g) of this AD, and
                                              Engine and Propeller Standards Branch,                  continues to read as follows:
                                                                                                                                                            thereafter at intervals not to exceed 250 flight
                                              Policy and Innovation Division.                             Authority: 49 U.S.C. 106(g), 40113, 44701.        hours (FHs), replace the waste gate controller
                                                                                                                                                            and control rod circlip in accordance with
                                              Regulatory Findings                                     § 39.13    [Amended]
                                                                                                                                                            the Accomplishment Instructions, Paragraph
                                                This AD will not have federalism                      ■ 2. The FAA amends § 39.13 by adding                 2.1, of Austro Engine GmbH Mandatory
                                              implications under Executive Order                      the following new airworthiness                       Service Bulletin (MSB) No. MSB–E4–022/2,
                                              13132. This AD will not have a                          directive (AD):                                       Rev. No. 2, dated November 27, 2017.




                                              (h) Installation Prohibition                            (i) Definitions                                       (j) Credit for Previous Actions
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                                                Do not install on any engine a non-spring               For the purpose of this AD, a Group 1                 You may take credit for replacement of the
                                              loaded waste gate control rod circlip, part             engine is an Austro Engine GmbH model E4–             waste gate controller and control rod circlip
                                              number DIN6799–5, after the effective date of           B or E4–C engine installed on a DA 42 M–              required by paragraph (g) of this AD if you
                                              this AD.                                                NG airplane with external containers or an            performed this action before the effective
                                                                                                      E4–A engine. A Group 2 engine is any other            date of this AD using earlier versions of
                                                                                                      Austro Engine GmbH model E4 and E4P                   Austro Engine MSB No. MSB–E4–022.
                                                                                                                                                                                                               ER12AP18.002</GPH>




                                                                                                      engine.



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                                              15736              Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Rules and Regulations

                                              (k) Alternative Methods of Compliance                   DEPARTMENT OF HOMELAND                                (T&E) in-bond shipments, ISF Importers,
                                              (AMOCs)                                                 SECURITY                                              or their agents, must submit five data
                                                 (1) The Manager, ECO Branch, FAA, has                                                                      elements to CBP See 19 CFR 149.3(b).
                                              the authority to approve AMOCs for this AD,             U.S. Customs and Border Protection                      Currently, an ISF Importer is
                                              if requested using the procedures found in 14                                                                 generally defined as the party causing
                                              CFR 39.19. In accordance with 14 CFR 39.19,             19 CFR Part 149                                       goods to arrive within the limits of a
                                              send your request to your principal inspector                                                                 port in the United States by vessel. See
                                              or local Flight Standards District Office, as           [USCBP–2016–0040]
                                                                                                                                                            19 CFR 149.1. The regulation provides
                                              appropriate. If sending information directly                                                                  that generally the ISF Importer is the
                                                                                                      RIN 1651–AA98
                                              to the manager of the certification office,
                                              send it to the attention of the person
                                                                                                                                                            goods’ owner, purchaser, consignee, or
                                              identified in paragraph (l)(1) of this AD. You
                                                                                                      CBP Decision No. 18–04; Definition of                 agent such as a licensed customs broker.
                                              may email your request to: ANE-AD-AMOC@                 Importer Security Filing Importer                     However, the regulation limits the
                                              faa.gov.                                                                                                      definition of ISF Importer to certain
                                                                                                      AGENCY:  U.S. Customs and Border                      named parties for FROB, IE and T&E in-
                                                 (2) Before using any approved AMOC,
                                                                                                      Protection, DHS.                                      bond shipments, and for merchandise
                                              notify your appropriate principal inspector,
                                              or lacking a principal inspector, the manager           ACTION: Final rule.                                   being entered into FTZ. For FROB cargo,
                                              of the local flight standards district office/                                                                the regulation provides that the ISF
                                              certificate holding district office.                    SUMMARY:   This final rule adopts a
                                                                                                                                                            Importer is the carrier; for IE and T&E
                                                                                                      proposed amendment to expand the                      in-bond shipments, and goods to be
                                              (l) Related Information                                 definition of an Importer Security Filing
                                                (1) For more information about this AD,
                                                                                                                                                            delivered to an FTZ, the regulation
                                                                                                      (ISF) Importer, the party that is                     provides that the ISF Importer is the
                                              contact Robert Green, Aerospace Engineer,               responsible for filing the ISF, for certain
                                              ECO Branch, FAA, 1200 District Avenue,                                                                        party filing the IE, T&E, or FTZ
                                                                                                      types of shipments. The changes are                   documentation.
                                              Burlington, MA 01803; phone: 781–238–                   necessary to ensure that the definition
                                              7754; fax: 781–238–7199; email:                                                                                 Based on input from the trade as well
                                              robert.green@faa.gov.
                                                                                                      of ISF Importer includes parties that                 as CBP’s analysis, CBP concluded that
                                                (2) Refer to European Aviation Safety                 have a commercial interest in the cargo               these limitations did not reflect
                                              Agency (EASA) AD 2017–0250, dated                       and the best access to the required                   commercial reality and, in some cases,
                                              December 18, 2017, for more information.                information.                                          designate a party as the ISF Importer
                                              You may examine the EASA AD in the AD                   DATES:    This rule is effective May 14,              even though the party has no
                                              docket on the internet at http://                                                                             commercial interest in the shipment and
                                                                                                      2018.
                                              www.regulations.gov by searching for and                                                                      limited access to the ISF data.
                                              locating it in Docket No. FAA–2018–0153.                FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                            Therefore, in a notice of proposed
                                                                                                      Craig Clark, Branch Chief, Advance Data
                                              (m) Material Incorporated by Reference                                                                        rulemaking (NPRM) published in the
                                                                                                      Programs and Cargo Initiatives, Office of
                                                 (1) The Director of the Federal Register                                                                   Federal Register on July 6, 2016 (81 FR
                                                                                                      Cargo and Conveyance Security, Office
                                              approved the incorporation by reference                                                                       43961), CBP proposed to expand the
                                                                                                      of Field Operations by telephone at
                                              (IBR) of the service information listed in this                                                               definition of ISF Importer for FROB
                                              paragraph under 5 U.S.C. 552(a) and 1 CFR               202–344–3052 and email at craig.clark@
                                                                                                                                                            cargo, for IE and T&E shipments and for
                                              part 51.                                                cbp.dhs.gov.
                                                                                                                                                            goods to be delivered to an FTZ.
                                                 (2) You must use this service information            SUPPLEMENTARY INFORMATION:                              For FROB shipments, CBP proposed
                                              as applicable to do the actions required by                                                                   to broaden the definition of an ISF
                                              this AD, unless the AD specifies otherwise.             I. Background
                                                 (i) Austro Engine GmbH Mandatory Service
                                                                                                                                                            Importer to include non-vessel
                                                                                                         Under CBP regulations, Importer                    operating common carriers (NVOCCs).
                                              Bulletin No. MSB–E4–022/2, Rev. No. 2,
                                                                                                      Security Filing (ISF) Importers, as                   For IE and T&E in-bond shipments, and
                                              dated November 27, 2017.
                                                 (ii) Reserved.                                       defined in 19 CFR 149.1, are required to              for goods to be delivered to an FTZ, CBP
                                                 (3) For Austro Engine GmbH service                   submit an ISF to CBP, which consists of               proposed to broaden the definition of an
                                              information identified in this AD, contact              information pertaining to certain cargo               ISF Importer to also include the goods’
                                              Austro Engine GmbH, Rudolf-Diesel-Strasse               arriving by vessel. The ISF is required               owner, purchaser, consignee, or agent
                                              11, A–2700 Weiner Neustadt, Austria; phone:             to be submitted before the cargo is                   such as a licensed customs broker. This
                                              +43 2622 23000; fax: +43 2622 23000–2711;               loaded on a vessel that is destined to the            rule adopts these proposals as final. By
                                              internet: www.austroengine.at.                          United States. For cargo other than
                                                 (4) You may view this service information
                                                                                                                                                            broadening the definition to include
                                                                                                      foreign cargo remaining on board                      these parties, the responsibility to file
                                              at FAA, Engine & Propeller Standards
                                                                                                      (FROB), the transmission of the ISF is                the ISF will be with the party causing
                                              Branch, 1200 District Avenue, Burlington,
                                              MA. For information on the availability of              required no later than 24 hours before                the goods to enter the limits of a port in
                                              this material at the FAA, call 781–238–7759.            cargo is laden aboard a vessel destined               the United States and most likely to
                                                 (5) You may view this service information            to the United States. For FROB                        have access to the required ISF
                                              that is incorporated by reference at the                shipments, the transmission of the ISF                information.
                                              National Archives and Records                           is required any time prior to lading. See               For a detailed discussion of the
                                              Administration (NARA). For information on               19 CFR 149.2(b).                                      statutory and regulatory histories of the
                                              the availability of this material at NARA, call            For shipments consisting of goods                  rule, and the factors governing the
                                              202–741–6030, or go to: http://                         intended to be entered into the United
                                              www.archives.gov/federal-register/cfr/ibr-                                                                    development of this rule, please refer to
                                                                                                      States and goods intended to be                       the NPRM.
                                              locations.html.
                                                                                                      delivered to a foreign trade zone (FTZ),
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                                                Issued in Burlington, Massachusetts, on               ISF Importers, or their agents, must                  II. Discussion of Comments
                                              April 3, 2018.                                          submit 10 data elements to CBP. See 19                   CBP received two comments on the
                                              Robert J. Ganley,                                       CFR 149.3(a). For shipments consisting                proposed rule, and each raised a
                                              Manager, Engine and Propeller Standards                 entirely of FROB and shipments                        number of issues. One comment favored
                                              Branch, Aircraft Certification Service.                 consisting entirely of goods intended to              the proposed amendment with
                                              [FR Doc. 2018–07540 Filed 4–11–18; 8:45 am]             be transported as Immediate Exportation               recommended changes and one did not.
                                              BILLING CODE 4910–13–P                                  (IE) or Transportation and Exportation                A summary of the significant issues


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Document Created: 2018-11-02 08:15:30
Document Modified: 2018-11-02 08:15:30
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; request for comments.
DatesThis AD is effective April 27, 2018.
ContactRobert Green, Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 781- 238-7754; fax: 781-238-7199; email: [email protected]
FR Citation83 FR 15733 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

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