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Federal Register / Vol. 86, No. 208 / Monday, November 1, 2021 / Rules and Regulations
model diesel piston engines equipped with an affected cylinder head.
Austro Engine MSBE4034/3
identifies the applicable part number and serial numbers of affected HPP
driving gears installed on Austro Engine GmbH E4 and E4P model diesel piston 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.
AD Requirements This AD requires, for engines with an affected cylinder head, inspection of the HPP driving gear and, depending on the results of the inspection, replacement of the HPP driving gear with a part eligible for installation. This AD also requires, for engines with an affected HPP driving gear, replacement of the HPP driving gear within a certain number of flight hours, depending on the airplane on which the affected engine is installed.
Differences Between This AD and the MCAI
The MCAI requires replacement of the HPP driving gear using the Accomplishment/Instructions, paragraph 2.1., of Austro Engine MSB
E4034/3 while this AD does not require use of MSBE4034/3 to replace the HPP driving gear.
Justification for Immediate Adoption and Determination of the Effective Date
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Section 553b3B 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 553d 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
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and comment prior to adoption of this rule. The FAA received a report of occurrences of failure of the HPP
driving gear. The manufacturer subsequently determined that a certain batch of HPP driving gears was produced with a worn out assembly tool, and may have been damaged during assembly. The manufacturer also determined that, for engines equipped with a certain cylinder head, a stack up of tolerances exists between the cylinder head, cylinder head cover, camshaft gear and high pressure pump driving gear. Both conditions could result in failure of the HPP driving gear. Austro Engine subsequently issued service information providing instructions for inspection and replacement of certain HPP driving gears installed on E4 and E4P model diesel piston engines.
Failure of the HPP driving gear can result in in-flight engine shut-down, forced landing, and damage to the airplane. The FAA considers failure of the HPP driving gear to be an urgent safety issue that requires immediate action to avoid damage to the airplane.
For engines with an affected cylinder head, if the HPP driving gear does not pass the inspection required by this AD, this AD requires replacement of the HPP
driving gear before further flight. In addition, for engines with an affected HPP driving gear and with a certain number of hours accumulated on the HPP driving gear, this AD also requires replacement of the HPP driving gear before further flight. Accordingly, notice and opportunity for prior public comment are impracticable and contrary to the public interest pursuant to 5
U.S.C. 553b3B.
In addition, the FAA finds that good cause exists pursuant to 5 U.S.C. 553d for making this amendment effective in less than 30 days, for the same reasons the FAA found good cause to forgo notice and comment.
Comments Invited 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. FAA20210946
and Project Identifier MCAI2021
01020E at the beginning of your comments. The most helpful comments reference a specific portion of the final rule, explain the reason for any
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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 https
www.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.
Confidential Business Information 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 Wego Wang, Aviation Safety Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA
01803. Any commentary that the FAA
receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking.
Regulatory Flexibility Act 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 FAA
has determined that it has good cause to adopt this rule without prior notice and comment, RFA analysis is not required.
Costs of Compliance The FAA estimates that this AD
affects 418 engines installed on airplanes of U.S. registry.
The FAA estimates the following costs to comply with this AD:

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