AD 2010-13170

[Federal Register Volume 75, Number 109 (Tuesday, June 8, 2010)] [Proposed Rules] [Pages 32315-32317] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2010-13170]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0329; Directorate Identifier 2010-CE-016-AD]

RIN 2120-AA64

Airworthiness Directives; Various Aircraft Equipped With Rotax

Aircraft Engines 912 A Series Engines

AGENCY: Federal Aviation Administration (FAA), Department of

Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the

products listed above. This proposed AD results from mandatory

continuing airworthiness information (MCAI) originated by an aviation

authority of another country to identify and correct an unsafe

condition on an aviation product. The MCAI describes the unsafe

condition as:

Due to high fuel pressure, caused by exceeding pressure in front

of the mechanical fuel pump (e.g. due to an electrical fuel pump),

in limited cases a deviation in the fuel supply could occur. This

can result in exceeding of the fuel pressure and might cause engine

malfunction and/or massive fuel leakage.

We are proposing this AD to prevent the pump from causing excessive

fuel pressure, which could result in engine malfunction or a massive

fuel leak. These conditions could cause loss of control of the airplane

or a fire.

DATES: We must receive comments on this proposed AD by July 23, 2010.

ADDRESSES: You may send comments 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.

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility

between 9 a.m. and 5 p.m., Monday through Friday, except Federal

holidays. The AD docket contains this proposed AD, the regulatory

evaluation, any comments received, and other information. The street

address for the Docket Office (telephone (800) 647-5527) is in the

ADDRESSES section. Comments will be available in the AD docket shortly

after receipt.

FOR FURTHER INFORMATION CONTACT: Sarjapur Nagarajan, Aerospace

Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas

City, Missouri 64106; telephone: (816) 329-4145; fax: (816) 329-4090;

e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

We invite you to send any written relevant data, views, or

arguments about this proposed AD. Send your comments to an address

listed under the ADDRESSES section. Include ``Docket No. FAA-2010-0329;

Directorate Identifier 2010-CE-016-AD'' at the beginning of your

comments. We specifically invite comments on the overall regulatory,

economic, environmental, and energy aspects of this proposed AD. We

will consider all comments received by the closing date and may amend

this proposed AD 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 proposed AD.

Discussion

The European Aviation Safety Agency (EASA), which is the Technical

Agent for the Member States of the European Community, has issued EASA

AD No.: 2007-0060R1-E, dated April 20, 2007 (referred to after this as

``the MCAI''), to correct an unsafe condition for the specified

products. The MCAI states:

Due to high fuel pressure, caused by exceeding pressure in front

of the mechanical fuel pump (e.g. due to an electrical fuel pump),

in limited cases a deviation in the fuel supply could occur. This

can result in exceeding of the fuel pressure and might cause engine

malfunction and/or massive fuel leakage.

Non-compliance with these instructions could result in engine

damages, personal injuries or death.

The MCAI requires replacing the affected fuel pumps with a

different part number fuel pump.

The MCAI applies to all versions of Bombardier-Rotax GmbH 912 A,

912 F, and 912 S series engines. Versions of the 912 F series and 912 S

series engines are type certificated in the United States. However, the

Model 912 A series engine installed in various aircraft does not have

an engine type certificate; instead, the engine is part of the aircraft

type design. You may obtain further information by examining the MCAI

in the AD docket.

Relevant Service Information

Rotax Aircraft Engines has issued Service Bulletin SB-912-053,

dated April 13, 2007. The actions described in this service information

are intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of the Proposed AD

This product has been approved by the aviation authority of another

country, and is approved for operation in the United States. Pursuant

to our bilateral agreement with this State of Design Authority, they

have notified us of the unsafe condition described in the MCAI and

service information referenced above. We are proposing this AD because

we evaluated all information and determined the unsafe condition exists

and is likely to exist or develop on other products of the same type

design.

Differences Between This Proposed AD and the MCAI or Service

Information

We have reviewed the MCAI and related service information and, in

general, agree with their substance. But we might have found it

necessary to use different words from those in the MCAI to ensure the

AD is clear for U.S. operators and is enforceable. In making these

changes, we do not intend to differ substantively from the information

provided in the MCAI and related service information.

We might also have proposed different actions in this AD from those

in the MCAI in order to follow FAA policies. Any such differences are

highlighted in a Note within the proposed AD.

Costs of Compliance

We estimate that this proposed AD will affect 60 products of U.S.

registry. We also estimate that it would take about .5 work-hour per

product to

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comply with the basic requirements of this proposed AD. The average

labor rate is $85 per work-hour. Required parts would cost about $650

per product.

Based on these figures, we estimate the cost of the proposed AD on

U.S. operators to be $41,550, or $692.50 per product.

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.

Regulatory Findings

We determined that this proposed AD would not have federalism

implications under Executive Order 13132. This proposed AD would 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 proposed

regulation:

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); and

3. Will not have a significant economic impact, positive or

negative, on a substantial number of small entities under the criteria

of the Regulatory Flexibility Act.

We prepared a regulatory evaluation of the estimated costs to

comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, Incorporation by

reference, Safety.

The Proposed Amendment

Accordingly, under the authority delegated to me by the

Administrator, the FAA proposes to amend 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.

Sec. 39.13 [Amended]

2. The FAA amends Sec. 39.13 by adding the following new AD:

Various Aircraft: Docket No. FAA-2010-0329; Directorate Identifier

2010-CE-016-AD.

Comments Due Date

(a) We must receive comments by July 23, 2010.

Affected ADs

(b) None.

Applicability

(c) This AD applies to all serial numbers of the following

aircraft, equipped with a Rotax Aircraft Engines 912 A series engine

with fuel pumps, part numbers (P/Ns) 892230, 892232, 892540

(standard version) or P/Ns 892235, 892236, 892545 (version including

flexible fuel line) installed, and certificated in any category:

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Type certificate holder Aircraft model Engine model

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Aeromot-Industria Mecanico AMT-200............... 912 A2.

Metalurgica ltda.

Diamond Aircraft Industries... HK 36 R ``SUPER 912 A.

DIMONA''.

Diamond Aircraft Industries HK 36 TS.............. 912 A3

GmbH. HK 36 TC.............. 912 A3.

Diamond Aircraft Industries DA20-A1............... 912 A3.

Inc..

HOAC-Austria.................. DV 20 KATANA.......... 912 A3.

Iniziative Industriali Sky Arrow 650 TC...... 912 A2.

Italiane S.p.A..

SCHEIBE-Flugzeugbau GmbH...... SF 25C................ 912 A2 or 912

A3.

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Subject

(d) Air Transport Association of America (ATA) Code 73: Engine

Fuel and Control.

Reason

(e) The mandatory continuing airworthiness information (MCAI)

states:

Due to high fuel pressure, caused by exceeding pressure in front

of the mechanical fuel pump (e.g. due to an electrical fuel pump),

in limited cases a deviation in the fuel supply could occur. This

can result in exceeding of the fuel pressure and might cause engine

malfunction and/or massive fuel leakage.

Non-compliance with these instructions could result in engine

damages, personal injuries or death.

We are issuing this AD to prevent the pump from causing

excessive fuel pressure, which could result in engine malfunction or

a massive fuel leak. These conditions could cause loss of control of

the airplane or a fire. The MCAI requires replacing the affected

fuel pumps with a different part number fuel pump.

Actions and Compliance

(f) Unless already done, do the following actions:

(1) Within the next 25 hours time-in-service after the effective

date of this AD, replace fuel pump P/N 892230, 892232, 892540,

892235, 892236, or 892545 with an FAA-approved fuel pump that does

not have one of the P/Ns referenced above following Rotax Aircraft

Engines Service Bulletin SB-912-053, dated April 13, 2007.

(2) As of the effective date of this AD do not install fuel pump

P/N 892230, 892232, 892540, 892235, 892236, or 892545, on any

airplane.

FAA AD Differences

Note: This AD differs from the MCAI and/or service information

as follows: The MCAI requires replacing an affected fuel pump with

fuel pump P/N 892542 or 892546. This AD requires replacement of an

affected fuel pump with an FAA-approved fuel pump that does not have

one of the P/Ns referenced in paragraph (f)(1) of this AD.

Other FAA AD Provisions

(g) The following provisions also apply to this AD:

(1) Alternative Methods of Compliance (AMOCs): The Manager,

Standards Office, FAA, has the authority to approve AMOCs for this

AD, if requested using the procedures found in 14 CFR 39.19. Send

information to ATTN: Sarjapur Nagarajan, Aerospace Engineer, FAA,

Small Airplane Directorate, 901 Locust, Room 301, Kansas City,

Missouri 64106; telephone: (816) 329-4145; fax: (816) 329-4090; e-

mail: [email protected]. Before using any approved AMOC on

any airplane to which the AMOC applies, notify your appropriate

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principal inspector (PI) in the FAA Flight Standards District Office

(FSDO), or lacking a PI, your local FSDO.

(2) Airworthy Product: For any requirement in this AD to obtain

corrective actions from a manufacturer or other source, use these

actions if they are FAA-approved. Corrective actions are considered

FAA-approved if they are approved by the State of Design Authority

(or their delegated agent). You are required to assure the product

is airworthy before it is returned to service.

(3) Reporting Requirements: For any reporting requirement in

this AD, under the provisions of the Paperwork Reduction Act (44

U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has

approved the information collection requirements and has assigned

OMB Control Number 2120-0056.

Related Information

(h) Refer to MCAI EASA AD No.: 2007-0060R1-E, dated April 20,

2007; and Rotax Aircraft Engines Service Bulletin SB-912-053, dated

April 13, 2007, for related information. Contact BRP-Powertrain GMBH

& Co KG, Welser Strasse 32, A-4623 Gunskirchen, Austria; phone:

(+43) (0) 7246 601-0; fax: (+43) (0) 7246 6370; Internet: http://www.rotax.com, for a copy of this service information.

Issued in Kansas City, Missouri, on May 26, 2010.

Steven W. Thompson,

Acting Manager, Small Airplane Directorate, Aircraft Certification

Service.

[FR Doc. 2010-13170 Filed 6-7-10; 8:45 am]

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