AD 2013-15-19

This AD is effective August 27, 2013.

We must receive any comments on this AD by September 26, 2013.

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 AD, contact BRP-Powertrain GmbH & Co KG, Welser Strasse 32, A-4623 Gunskirchen, Austria; Internet: http://www.FLYROTAX.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.

Frederick Zink, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; phone: 781-238-7779; fax: 781-238-7199; email: frederick.zink@faa.gov.

On April 4, 2013, we issued AD 2013-07-12, amendment 39-17416 (78 FR 22166, April 15, 2013), for certain BRP-Powertrain GmbH & Co KG Rotax model 912 F2; 912 F3; 912 F4; 912 S2; 912 S3; 912 S4; 914 F2; 914 F3; and 914 F4 reciprocating engines. That AD required a one-time visual inspection for excessive oil or carbon deposits on the 2/3 spark plug center and grounding electrodes, and if found, replacement of the cylinder head before further flight. That AD resulted from a report of certain cylinder heads not manufactured to proper specification. We issued that AD to prevent excessive oil consumption, which could result in an in-flight engine shutdown, forced landing, and damage to the airplane.

Since we issued AD 2013-07-12 (78 FR 22166, April 15, 2013), we received a report that additional engine cylinder heads are likely to be affected. In addition, some affected cylinder head assemblies, part number (P/N) 623682 and P/N 623687, were supplied as spares between January 31, 2013 and May 28, 2013. Also, since we issued AD 2013-07-12, the European Aviation Safety Agency (EASA) has issued AD 2013-0117-E, dated May 30, 2013, which supersedes and retains the requirements of EASA AD 2013-0055-E and expands the applicability to include all model 912 and 914 engines.

We reviewed BRP-Powertrain GmbH & Co KG Rotax Aircraft Engines Mandatory Alert Service Bulletin (MASB) No. ASB-912-062, Revision 2 and ASB-914-044, Revision 2 (provided as one document), dated May 29, 2013. The service information describes procedures for inspecting cylinder head assemblies for evidence of excessive oil consumption.

We are issuing this AD because we evaluated all the relevant information and determined the unsafe condition described previously is likely to exist or develop in other products of the same type design.

This AD requires a one-time visual inspection of the center and grounding electrodes of both top and bottom spark plugs on cylinder 2/3 for unusual deposits and to replace, before further flight, those cylinder heads not manufactured to proper specification.

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 of the short compliance time requirement. Therefore, we find that notice and opportunity for prior public comment are impracticable and that good cause exists for making this amendment effective in less than 30 days.

This AD is a final rule that involves requirements affecting flight safety, and we did not provide you with notice and an opportunity to provide your comments before it becomes effective. However, we invite you to send any written data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2013-0263; Directorate Identifier 2013-NE-12-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 we receive about this AD.

We estimate that this AD affects about 197 engines installed on airplanes of U.S. registry. We also estimate that it would take about 2 hours per engine to inspect a cylinder head assembly. The average labor rate is $85 per hour. Based on these figures, we estimate the cost of this AD on U.S. operators to be $33,490.

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 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 that this AD:

(1) Is not a “significant regulatory action” under Executive Order 12866,

(2) Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979),

(3) Will not affect intrastate aviation in Alaska to the extent that it justifies making a regulatory distinction, 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.

Accordingly, under the authority delegated to me by the Administrator, the FAA amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows:

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

2. The FAA amends § 39.13 by removing airworthiness directive (AD) 2013-07-12, Amendment 39-17416 (78 FR 22166, April 15, 2013) and adding the following new AD: