[Federal Register Volume 77, Number 165 (Friday, August 24, 2012)]
[Rules and Regulations]
[Pages 51462-51464]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20748]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0603; Directorate Identifier 2012-NE-17-AD; 
Amendment 39-17160; AD 2012-16-13]
RIN 2120-AA64


Airworthiness Directives; BRP-Powertrain GmbH & Co KG Rotax 
Reciprocating Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for BRP-
Powertrain GmbH & Co KG Rotax 912 F2; 912 F3; 912 F4; 912 S2; 912 S3; 
and 912 S4 reciprocating engines. This AD requires replacing the 
pressure side fuel hose on certain fuel pumps and inspecting the 
carburetors connected to those fuel pumps for contamination within 5 
flight hours after the effective date of this AD. This AD was prompted 
by reports of fuel pumps having pressure side fuel hoses not meeting 
the design specification. We are issuing this AD to prevent pressure 
side fuel hose deterioration and contamination of the carburetor, which 
could result in an in-flight engine shutdown, forced landing and damage 
to the airplane.

DATES: This AD becomes effective September 10, 2012.
    We must receive comments on this AD by October 9, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of BRP-Powertrain GmbH & Co KG, Rotax Aircraft Engines Alert 
Service Bulletin No. ASB-912-061R1, dated May 31, 2012, listed in the 
AD as of September 10, 2012.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: U.S. Department of Transportation, 1200 New Jersey 
Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 
20590-0001.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Fax: 202-493-2251.
    For service information identified in this AD, contact BRP-
Powertrain GmbH & Co KG, Welser Strasse 32, A-4623 Gunskirchen, 
Austria, or go to: http://www.rotax-aircraft-engines.com. You may view 
this service information at the FAA, Engine & Propeller Directorate, 12 
New England Executive Park, Burlington, MA 01803. For information on 
the availability of this material at the FAA, call 781-238-7125.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Operations office (phone: 800-647-5527) is the same as the 
Mail address provided in the ADDRESSES section. Comments will be 
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Alan Strom, Aerospace Engineer, Engine 
Certification Office, FAA, Engine & Propeller Directorate, 12 New 
England Executive Park, Burlington, MA 01803; email: 
alan.strom@faa.gov; phone: 781-238-7143; fax: 781-238-7199.

SUPPLEMENTARY INFORMATION: 

[[Page 51463]]

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
AD 2012-0097-E, dated May 31, 2012, and AD 2012-0097R1, dated June 1, 
2012 (referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. The MCAI states:

    Reports from the field confirmed a non-compliance of the 
pressure side fuel hoses installed on certain P/N 893114 fuel pumps, 
which may have resulted in a latent defect on a limited number of 
engines. The affected hoses may not be fuel resistant in accordance 
with the specification. This condition, if not corrected, could lead 
to detachment of particles from the fuel hose and irregularities in 
the carburetor function, possibly resulting in in-flight engine 
shutdown, and forced landing, damage to the aeroplane and injury to 
occupants.

You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    BRP-Powertrain GmbH & Co KG has issued Alert Service Bulletin No. 
ASB-912-061R1, dated May 31, 2012. The actions described in this 
service information are intended to correct the unsafe condition 
identified in the MCAI.

FAA's Determination and Requirements of This AD

    This product has been approved by the aviation authority of 
Austria, 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 information provided by EASA and determined the unsafe 
condition exists and is likely to exist or develop on other products of 
the same type design. This AD requires replacing the pressure side fuel 
hose on certain fuel pumps and inspecting the carburetors connected to 
those fuel pumps for contamination within 5 flight hours after the 
effective date of the AD.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. 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 in this AD is within 5 flight hours after the effective 
date of the AD. Therefore, we determined that notice and opportunity 
for public comment before issuing this AD are impracticable and that 
good cause exists for making this amendment effective in fewer than 30 
days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2012-0603; Directorate 
Identifier 2012-NE-17-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this 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 
with FAA personnel concerning this AD. Using the search function of the 
Web site, anyone can find and read the comments in any of our dockets, 
including, if provided, the name of the individual who sent the comment 
(or signed the comment on behalf of an association, business, labor 
union, etc.). You may review the DOT's complete Privacy Act Statement 
in the Federal Register published on April 11, 2000 (65 FR 19477-78).

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 ``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 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.

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):

2012-16-13 BRP-Powertrain GmbH & Co. KG (formerly BRP-Rotax GmbH & 
Co KG, Bombardier-Rotax GmbH & Co. KG, and Bombardier-Rotax GmbH): 
Amendment 39-17160; Docket No. FAA-2012-0603; Directorate Identifier 
2012-NE-17-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective September 
10, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to BRP-Powertrain GmbH & Co KG Rotax 912 F2; 912 
F3; 912 F4; 912 S2; 912 S3; and 912 S4 reciprocating engines, with a 
fuel pump part number (P/N) 893114 having a serial number (S/N) 
listed in Table 1 to paragraph (c) of this AD:

[[Page 51464]]



            Table 1 to Paragraph (c)--Affected Fuel Pump S/Ns
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11.3117 through 11.3325 inclusive.
11.4036 through 11.4355 inclusive.
11.4516 through 11.4595 inclusive.
12.0251 through 12.0270 inclusive.
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(d) Reason

    This AD was prompted by reports of fuel pumps having pressure 
side fuel hoses not meeting the design specification. We are issuing 
this AD to prevent pressure side fuel hose deterioration and 
contamination of the carburetor, which could result in an in-flight 
engine shutdown, forced landing and damage to the airplane.

(e) Actions and Compliance

    Unless already done, within 5 flight hours after the effective 
date of the AD do the following:
    (1) Replace the pressure side fuel hose on the fuel pump with a 
fuel hose eligible for installation on the pressure side of the fuel 
pump.
    (2) Inspect the carburetors for contamination. Use paragraph 
3.1.2 of BRP-Powertrain GmbH & Co KG, Rotax Aircraft Engines Alert 
Service Bulletin No. ASB-912-061R1, dated May 31, 2012, to perform 
your inspection.

(f) Definition

    For the purpose of this AD, a fuel hose eligible for 
installation is one that was not from any of the affected fuel pumps 
with an S/N listed in Table 1 to paragraph (c) of this AD.

(g) Installation Prohibition

    (1) After the effective date of this AD, do not install a P/N 
893114 fuel pump with an S/N listed in Table 1 to paragraph (c) of 
this AD onto any engine, unless the pressure side fuel hose has been 
replaced as required by this AD.
    (2) After the effective date of this AD, do not install a Rotax 
912 engine with a P/N 893114 fuel pump with an S/N listed in Table 1 
to paragraph (c) of this AD in any airplane unless it has been 
inspected and the pressure side fuel hose replaced as required by 
this AD.
    (3) After the effective date of this AD, do approve for return 
to service any product or article with a fuel hose removed from a P/
N 893114 fuel pump with an S/N listed in Table 1 to paragraph (c) of 
this AD.

(h) Alternative Methods of Compliance (AMOCs)

    The Manager, Engine Certification Office, may approve AMOCs for 
this AD. Use the procedures found in 14 CFR 39.19 to make your 
request.

(i) Related Information

    (1) For more information about this AD, contact Alan Strom, 
Aerospace Engineer, Engine Certification Office, FAA, Engine & 
Propeller Directorate, 12 New England Executive Park, Burlington, MA 
01803; email: alan.strom@faa.gov; phone: 781-238-7143; fax: 781-238-
7199.
    (2) Refer to European Aviation Safety Agency AD 2012-0097-E, 
dated May 31, 2012, and AD 2012-0097R1, dated June 1, 2012, for 
related information.

(j) 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) BRP-Powertrain GmbH & Co KG, Rotax Aircraft Engines Alert 
Service Bulletin No. ASB-912-061R1, dated May 31, 2012.
    (ii) Reserved.
    (3) For BRP-Powertrain GmbH & Co KG service information 
identified in this AD, contact BRP-Powertrain GmbH & Co KG, Welser 
Strasse 32, A-4623 Gunskirchen, Austria, or go to: http://www.rotax-aircraft-engines.com.
    (4) You may view this service information at the FAA, Engine & 
Propeller Directorate, 12 New England Executive Park, Burlington, 
MA. For information on the availability of this material at the FAA, 
call 781-238-7125.
    (5) You may view this service information 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 July 30, 2012.
Peter A. White,
Manager, Engine & Propeller Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-20748 Filed 8-23-12; 8:45 am]
BILLING CODE 4910-13-P