Austro Control, which is the airworthiness authority for Austria, notified the FAA that an unsafe condition may exist on Bombardier-Rotax GmbH 912 F, 912 S and 914 F series reciprocating engines. Austro Control advises that there have been seven in-flight engine failures that occurred within 50 hours time-in- service (TIS) after installation of a new or overhauled engine. Investigations by Austro Control have indicated that the failures were due to inadequate venting of the lubrication systems. Inadequate venting of the lubrication system can cause damage to the engine valve train as a result of low- pressure compression of trapped air while at maximum camshaft speed resulting in high impact stresses to valve train components.
Manufacturer's Service Information
Bombardier-Rotax GmbH has issued Mandatory Service Bulletin (MSB) No. SB-912-036/SB-914-022, Revision 1, dated August 2002, and Service Instruction SI-04-1997, Revision 3, dated September 2002. MSB No. SB SB-912-036/SB-914-022, Revision 1, dated August 2002, provides procedures for inspecting engines for correct venting of the oil system and procedures for inspecting the valve train for damage caused by inadequate venting. Austro Control has classified this service bulletin as mandatory and issued AD No.113R1 in order to assure the airworthiness of these Bombardier-Rotax GmbH engines in Austria. The manufacturer has also issued Service Instruction SI-04-1997 that provides instructions for venting the oil lubrication system after installation of the engine, after the lubrication system has been opened or drained during maintenance work, and after turning the propeller one full turn in the wrong direction of rotation.
Differences Between This AD and the Manufacturer's Service Information
Bombardier-Rotax GmbH MSB SB-912-036/SB-914-022 allows up to 5 hours TIS before venting and inspecting for correct venting of the oil system on engines with less than 50 TIS since the lubrication system has been opened and drained, since an oil change was performed, or since the propeller was rotated one full turn in the wrong direction of rotation. The FAA has determined that the venting and inspecting of the valve train must be done before further flight.
Bilateral Airworthiness Agreement
This engine model is manufactured in Austria and is type certificated for operation in the United States under the provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the applicable bilateral airworthiness agreement. Pursuant to this bilateral airworthiness agreement, Austro Control has kept the FAA informed of the situation described above. The FAA has examined the findings of Austro Control, reviewed all available information, and determined that AD action is necessary for products of this type design that are certificated for operation in the United States.
FAA's Determination of an Unsafe Condition and Required Actions
Sincean unsafe condition has been identified that is likely to exist or develop on other Bombardier-Rotax GmbH 912 F, 912 S and 914 F series reciprocating engines of the same type design, this AD is being issued to prevent damage to the engine valve train due to inadequate venting of the lubrication system which can result in an in-flight engine failure and forced landing. This AD requires:
Before further flight, venting the lubrication system and inspecting for the correct venting of the oil system.
Thereafter, before engine start, properly venting the lubrication system after initial installation of a new or overhauled engine, after opening the oil system, after an engine oil change, and after the propeller was rotated one full turn in the wrong direction of rotation.
The actions must be done in accordance with the mandatory service bulletin and service instruction described previously.
Immediate Adoption of This AD
Since a situation exists that requires the immediate adoption of this regulation, it is found that notice and opportunity for prior public comment hereon are impracticable, and that good cause exists for making this amendment effective in less than 30 days.
Comments Invited
Although this action is in the form of a final rule that involves requirements affecting flight safety and, thus, was not preceded by notice and an opportunity for public comment, comments are invited on this rule. Interested persons are invited to comment on this rule by submitting such written data, views, or arguments as they may desire. Communications should identify the Rules Docket number and be submitted in triplicate to the address specified under the caption ADDRESSES. All communications received on or before the closing date for comments will be considered, and this rule may be amended in light of the comments received. Factual information that supports the commenter's ideas and suggestions is extremely helpful in evaluating the effectiveness ofthe AD action and determining whether additional rulemaking action would be needed.
Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify the rule. All comments submitted will be available, both before and after the closing date for comments, in the Rules Docket for examination by interested persons. A report that summarizes each FAA-public contact concerned with the substance of this AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this action must submit a self-addressed, stamped postcard on which the following statement is made: "Comments to Docket Number 2002-NE-33-AD." The postcard will be date stamped and returned to the commenter.
Regulatory Analysis
This final rule does not have federalism implications, as defined in Executive Order 13132, because it 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. Accordingly, the FAA has not consulted with state authorities prior to publication of this final rule.
The FAA has determined that this regulation is an emergency regulation that must be issued immediately to correct an unsafe condition in aircraft, and is not a "significant regulatory action" under Executive Order 12866. It has been determined further that this action involves an emergency regulation under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979). If it is determined that this emergency regulation otherwise would be significant under DOT Regulatory Policies and Procedures, a final regulatory evaluation will be prepared and placed in the Rules Docket. A copy of it, if filed, may be obtained from the Rules Docket at the location provided under the caption ADDRESSES.List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
39.13 [Amended]
2. Section 39.13 is amended by adding the following new airworthiness directive: