AD 2023-02-12

This AD is effective February 17, 2023.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of February 17, 2023.

The FAA must receive comments on this AD by March 20, 2023.

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 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: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

AD Docket: You may examine the AD docket at regulations.gov by searching for and locating Docket No. FAA-2023-0027; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, any comments received, and other information. The street address for Docket Operations is listed above.

Material Incorporated by Reference:

• For service information identified in this final rule, contact Superior Air Parts, Inc., 621 S Royal Lane, Suite 100, Coppell, TX 75019; phone: (800) 420-4727; email: sales@superiorairparts.com; website: superiorairparts.com.

• You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 1200 District Avenue, Burlington, MA 01803. For information on the availability of this material at the FAA, call (817) 222-5110. It is also available at regulations.gov by searching for and locating Docket No. FAA-2023-0027.

Justin Carter, Aviation Safety Engineer, Fort Worth ACO Branch, FAA, 10101 Hillwood Parkway, Fort Worth, TX 76177; phone: (817) 222-5146; email: justin.carter@faa.gov.

The FAA received reports of three intake valve failures on GTSIO-520, IO-550, and TSIO-520 model reciprocating engines. The intake valve failure on the GTSIO-520 engine resulted in no loss of engine power, while the IO-550 engine experienced engine damage and aborted takeoff. The intake valve failure on the TSIO-520 engine resulted in engine damage and an emergency landing. Subsequent metallurgical analysis revealed that the intake valve material on SAP part number (P/N) SA539988, with lot number 19077 O, was out of specification and did not meet the minimum requirement for elongation; a condition that may cause rupture of the valve stem surface and valve head surface. SAP shipped the affected intake valves installed in cylinder assemblies between January 20, 2022 and March 22, 2022. SAP also shipped individual affected intake valves between January 20, 2022 and May 18, 2022. The affected cylinder assemblies and intake valves may be installed on certain Continental GTSIO-520-C, -D, -E, -F, -H, -K, -L, -M, and -N; IO-470-A, -C, -D, -E, -F, -G, -H, -J, -K, -L, -LO, -M, -N, -P, -R, -S, -T, -U, -V, and -VO; IO-520-A, -B, -BA, -BB, -C, -CB, -D, -E, -F, -J, -K, -L, -M, -MB, -N, -NB, and -P; IO-550-A, -B, -C, -D, -E, -F, -G, -L, -N, -P, and -R; IOF-550-B, -C, -D, -E, -F, -L, -P, and -R; LIO-470-A; LIO-520-P; LTSIO-520-AE; O-470-A, -E, -G, -G-CI, -H, -J, -K, -K-CI, -L, -L-CI, -M, -M-CI, -N, -P, -R, -S, -T, and -U; TSIO-470-B, -C, and -D; TSIO-520-A, -AE, -AF, -B, -BB, -BE, -C, -CE, -D, -DB, -E, -EB, -G, -H, -J, -JB, -K, -KB, -L, -LB, -M, -N, -NB, -P, -R, -T, -U, -UB, -VB, and -WB; TSIO-550-A, -B, -C, -E, -G, and -K; TSIOF-550-D, -J, and -K; and TSIOL-550-A, and -C model reciprocating engines. This condition, if not addressed, could result in failure of the engine, in-flight shutdown, and loss of the airplane. The FAA is issuing this AD to address the unsafe condition on these products.

The FAA is issuing this AD because the agency has determined the unsafe condition described previously is likely to exist or develop in other products of the same type design.

The FAA reviewed SAP Mandatory Service Bulletin MSB22-01 A, dated December 16, 2022 (SAP MSB22-01 A). This service information provides a listing of the affected cylinder assemblies and affected engines. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in ADDRESSES.

This AD requires the removal from service and replacement of any affected engine intake valve installed, except as discussed under “Differences Between the AD and the Service Information.”

SAP MSB22-01 A specifies to remove and replace the affected intake valve before further flight, while this AD requires removal and replacement of the affected intake valve within 30 days from the effective date of this AD.

Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 U.S.C. 551 et seq.) authorizes agencies to dispense with notice and comment procedures for rules when the agency, for “good cause,” finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” Under this section, an agency, upon finding good cause, may issue a final rule without providing notice and seeking comment prior to issuance. Further, section 553(d) of the APA authorizes agencies to make rules effective in less than thirty days, upon a finding of good cause.

An unsafe condition exists that requires the immediate adoption of this AD without providing an opportunity for public comments prior to adoption. The FAA has found that the risk to the flying public justifies foregoing notice and comment prior to adoption of this rule because the urgency of the unsafe condition requires removal of any affected intake valve installed within 30 days from the effective date of this AD. The material used to manufacture the intake valves was out of specification and did not meet the minimum requirement for elongation, a condition that may cause rupture of the valve stem surface and valve head surface. Intake valve rupture could lead to failure of the engine, in-flight shutdown, and loss of the airplane. Three intake valve failures on affected reciprocating engines have already been reported, which resulted in engine damage, emergency landing, and aborted takeoff. As the affected intake valve must be replaced within 30 days from the effective date of this AD, the compliance time for the required actions is shorter than the time necessary to allow for public comment and for the FAA to publish a final rule. Accordingly, notice and opportunity for prior public comment are impracticable and contrary to the public interest pursuant to 5 U.S.C. 553(b)(3)(B).

In addition, the FAA finds that good cause exists pursuant to 5 U.S.C. 553(d) for making this amendment effective in less than 30 days, for the same reasons the FAA found good cause to forego notice and comment.

The FAA invites you to send any written data, views, or arguments about this final rule. Send your comments to an address listed under ADDRESSES. Include “Docket No. FAA-2023-0027 and Project Identifier AD-2022-01586-E” at the beginning of your comments. The most helpful comments reference a specific portion of the final rule, explain the reason for any recommended change, and include supporting data. The FAA will consider all comments received by the closing date and may amend this final rule because of those comments.

Except for Confidential Business Information (CBI) as described in the following paragraph, and other information as described in 14 CFR 11.35, the FAA will post all comments received, without change, to regulations.gov, including any personal information you provide. The agency will also post a report summarizing each substantive verbal contact received about this final rule.

CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this AD contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this AD, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as “PROPIN.” The FAA will treat such marked submissions as confidential under the FOIA, and they will not be placed in the public docket of this AD. Submissions containing CBI should be sent to Justin Carter, Aviation Safety Engineer, Fort Worth ACO Branch, FAA, 10101 Hillwood Parkway, Fort Worth, TX 76177. Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking.

The requirements of the Regulatory Flexibility Act (RFA) do not apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and comment. Because the FAA has determined that it has good cause to adopt this rule without prior notice and comment, RFA analysis is not required.

The FAA estimates that this AD affects 450 engines installed on airplanes of U.S. registry.

The FAA estimates the following costs to comply with this AD:

The FAA estimates the following costs to do any necessary replacements that would be required based on the results of the inspection. The agency has no way of determining the number of aircraft that might need these replacements:

The FAA has included all known costs in its cost estimate. According to the manufacturer, however, some of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected operators.

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.

The FAA is 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, and

(2) Will not affect intrastate aviation in Alaska.

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 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 adding the following new airworthiness directive: