AD 2010-17-08

We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued 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 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. We are issuing this AD to require actions to correct the unsafe condition on these products.

Final rule.

2010-17-08 Various Aircraft: Amendment 39-16400; Docket No. FAA- 2010-0329; Directorate Identifier 2010-CE-016-AD.

Effective Date

(a) This airworthiness directive (AD) becomes effective September 22, 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:

Type Certificate Holder
Aircraft Model
Engine Model
Aeromot-Industria Mecanico Metalurgica Ltda
AMT-200
912 A2
Diamond Aircraft Industries
HK 36 R SUPER DIMONA
912 A
Diamond Aircraft Industries
HK 36 TS
912 A3
GmbH
HK 36 TC
912 A3
Diamond Aircraft Industries Inc.
DA20-A1
912 A3
HOAC-Austria
DV 20 KATANA
912 A3
Iniziative Industriali Italiane S.p.A.
Sky Arrow 650 TC
912 A2SCHEIBE-Flugzeugbau GmbH
SF 25C
912 A2 or 912 A3

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 September 22, 2010 (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 Mandatory Service Bulletin SB-912-053, dated April 13, 2007.
(2) As of September 22, 2010 (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: sarjapur.nagarajan@faa.gov. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate 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.

Material Incorporated by Reference

(i) You must use Rotax Aircraft Engines Mandatory Service Bulletin SB-912-053, dated April 13, 2007, to do the actions required by this AD, unless the AD specifies otherwise.
(1) The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, 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.
(3) You may review copies of the service information incorporated by reference for this AD at the FAA, Central Region, Office of the Regional Counsel, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the Central Region, call (816) 329-3768.
(4) You may also review copies of the service information incorporated by reference for this AD 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/code_of_federal_regulations/ ibr_locations.html.

Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the Federal Register on June 8, 2010 (75 FR 32315). That NPRM proposed 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.

Comments

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

Conclusion

We reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed.

Differences Between This 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 required 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 AD.

Costs of Compliance

We estimate that this AD will affect 60 products of U.S. registry. We also estimate that it will take about .5 work-hour per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Required parts will cost about $650 per product.
Based on these figures, we estimate the cost of this AD to the 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 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 "significantrule'' under 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 AD and placed it in the AD Docket.

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 the NPRM, 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.

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

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: