[Federal Register Volume 85, Number 213 (Tuesday, November 3, 2020)]
[Rules and Regulations]
[Pages 69496-69498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24243]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0473; Project Identifier 2018-CE-058-AD; Amendment 
39-21308; AD 2020-22-12]
RIN 2120-AA64


Airworthiness Directives; Polskie Zaklady Lotnicze Sp. z o.o 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Polskie Zaklady Lotnicze Sp. z o.o. Model PZL M28 05 airplanes. 
This AD results from mandatory continuing airworthiness information 
(MCAI) originated by an aviation authority of another country to 
identify and correct an unsafe condition on an aviation product. The 
MCAI describes the unsafe condition as defective thermo-shrinkable 
tubes installed on the electrical harnesses located in the fuel tanks. 
This AD requires a one-time inspection of the electrical harnesses 
located in the fuel tanks and, depending on findings, replacement of 
the affected harness. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective December 8, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 8, 
2020.

ADDRESSES: For service information identified in this final rule, 
contact Polskie Zaklady Lotnicze Sp. z o.o., Wojska Polskiego 3, 39-300 
Mielec, Poland, telephone: +48 17 743 1901, email: [email protected], 
internet: http://www.pzlmielec.pl/. You may view this service 
information at the FAA, Airworthiness Products Section, Operational 
Safety Branch, 901 Locust, Kansas City, Missouri 64106. For information 
on the availability of this material at the FAA, call (816) 329-4148. 
It is also available on the internet at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2020-0473.

[[Page 69497]]

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0473; 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, the MCAI, any comments received, and other 
information. The address for Docket Operations is U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aerospace Engineer, FAA, 
General Aviation & Rotorcraft Section, International Validation Branch, 
901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 
329-4059; fax: (816) 329-4090; email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain serial-numbered 
Polskie Zaklady Lotnicze Sp. z o.o. Model PZL M28 05 airplanes. The 
NPRM published in the Federal Register on May 14, 2020 (85 FR 28893). 
The NPRM proposed to correct an unsafe condition for the specified 
products and was based on MCAI originated by the European Union 
Aviation Safety Agency (EASA), which is the Technical Agent for the 
Member States of the European Union. EASA issued AD No. 2018-0242, 
dated October 8, 2018 (referred to after this as ``the MCAI''), which 
states:

    During accomplishment of maintenance on an M28 05 military 
version airplane, torn pieces of thermo-shrinkable tubes were found 
in the header section of the main fuel tank. These tubes are 
installed on electrical harnesses located in the fuel tanks and 
serve as marking and protection devices against mechanical damage 
during manufacturing and servicing. Pieces of these tubes may travel 
with the fuel flow and may block the jet pump or reduce its 
performance, particularly in the centre-wing fuel tank, in which the 
jet pump is the only way of further transfer of fuel to the engine. 
Subsequent investigation determined that degradation of the tube 
material was caused by a manufacturing deficiency, leading to 
insufficient material resistance against mechanical damage when a 
tube is located in a fuel.
    This condition, if not detected and corrected, could lead to 
reduced fuel supply to the engines, inability to use all the fuel in 
fuel tanks and reduced available engine power, resulting in reduced 
aeroplane performance.
    To address this potentially unsafe condition, PZL identified the 
batch of aeroplanes that are potentially equipped with thermo-
shrinkable tubes having this manufacturing defect, and issued the 
[service bulletin] SB providing inspection and replacement 
instructions.
    For the reasons described above, this [EASA] AD requires a one-
time inspection of the electrical harnesses located in the fuel 
tanks and, depending on findings, replacement of the affected 
harness.

    Polskie Zaklady Lotnicze Sp. z o.o. informed the FAA the potential 
for damage to the thermo-shrinkable tubes does not progress with time. 
Therefore, the FAA determined repetitive inspections are not required. 
You may examine the MCAI on the internet at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2020-0473.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The following presents the comments 
received on the NPRM and the FAA's response to each comment.

Support for the NPRM

    An individual commenter supported the NPRM.

Request To Change the Cost of Compliance

    Another individual commenter requested the FAA increase the 
estimated number of labor hours in the cost of compliance. The 
commenter stated the number of hours should be increased from 3 to at 
least 44 to 48, based on the time and personnel needed to open the 
center wing panels, properly shore the engines, open the tank covers, 
perform the inspection, and complete the close up. The commenter 
further stated that this would not include costs for any de-fueling, 
de-puddling, re-fueling, or leak checks that may need to be done.
    The FAA disagrees. The cost analysis in AD rulemaking actions 
typically includes only the costs associated with complying with the 
AD. In the NPRM, the FAA estimated 3 work hours to perform the 
inspection and 60 work hours, if necessary, to replace the harness, 
based on information from the design approval holder. The compliance 
time for this AD allows the operator do this inspection at the same 
time as other maintenance when the airplane has been prepared for other 
tasks. No changes were made to the proposed AD based on this comment.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety and the public interest 
require adopting this final rule as proposed.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Polskie Zaklady Lotnicze Sp. z o.o. Service 
Bulletin No. E/12.141/2018, dated May 15, 2018. The service information 
contains procedures for inspecting the thermo-shrinkable tubes on the 
electrical harnesses in the center and outer wing fuel tanks for damage 
and replacing any electrical harness with damaged thermo-shrinkable 
tubes. 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 the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD will affect 15 products of U.S. 
registry. The FAA also estimates that it will take about 3 work-hours 
per product to comply with the inspection requirement of this AD. The 
average labor rate is $85 per work-hour.
    Based on these figures, the FAA estimates the cost of the AD on 
U.S. operators to be $3,825, or $255 per product.
    In addition, the FAA estimates that any necessary follow-on 
replacement action will take about 60 work-hours and require parts 
costing $5,000, for a cost of $10,100 per electrical harness. The FAA 
has no way of determining the number of airplanes that may need these 
actions.

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.
    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

[[Page 69498]]

develop on products identified in this rulemaking action.

Regulatory Findings

    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) Will not affect intrastate aviation in Alaska, 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.

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):

2020-22-12 Polskie Zaklady Lotnicze Sp. z o.o: Amendment 39-21308; 
Docket No. FAA-2020-0473; Project Identifier 2018-CE-058-AD.

(a) Effective Date

    This AD is effective December 8, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Polskie Zaklady Lotnicze Sp. z o.o. Model PZL 
M28 05 airplanes, serial numbers AJE00301 through AJE00343, and 
AJE00345 through AJE00347, certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 28: Fuel Tank.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness 
information (MCAI) originated by an aviation authority of another 
country to identify and correct an unsafe condition on an aviation 
product. The MCAI describes the unsafe condition as defective 
thermo-shrinkable tubes installed on the electrical harnesses 
located in the fuel tanks. The FAA is issuing this AD to prevent 
broken pieces of the thermo-shrinkable tubes from blocking the jet 
pump, reducing fuel supply to the engines, and resulting in the 
inability to use all the fuel in the fuel tanks. This condition 
could lead to reduced engine power and airplane performance.

(f) Actions and Compliance

    Unless already done, do the following actions in paragraphs 
(f)(1) and (2) of this AD:
    (1) Within the next 200 hours time-in-service (TIS) after the 
effective date of this AD or within the next 8 months after the 
effective date of this AD, whichever occurs first:
    (i) Inspect each electrical wire harness in the center wing and 
the left-hand and right-hand outer wing fuel tanks for cracking, 
tears, and seizing of the thermo-shrinkable tubes in accordance with 
paragraphs II.1 through 2 a) of the Procedure for Bulletin Execution 
section in Polskie Zaklady Lotnicze Sp. z o.o. Service Bulletin No. 
E/12.141/2018, dated May 15, 2018.
    (ii) If there is a tear or any cracking in or any seizing of an 
electrical wire harness thermo-shrinkable tube, before further 
flight, replace the harness in accordance with section II. a) 
Replacement of harness KL8 (KP), II. b) Replacement of Harness KL9 
(KP9), or II. c) Replacement of harness KL10 (KP10), as applicable, 
of the Procedure for Bulletin Execution in Polskie Zaklady Lotnicze 
Sp. z o.o. Service Bulletin No. E/12.141/2018, dated May 15, 2018.
    (2) As of the effective date of this AD, do not install any 
electrical wire harness part number 28.14.7205.073.000, 
28.14.7205.074.000, 28.14.7205.075.000, 28.14.7205.076.000, 
28.14.7205.077.000, or 28.14.7205.078.000, that has more than zero 
hours TIS on any airplane, unless it has passed the inspection 
required by paragraph (f)(1)(i) of this AD.

(g) Alternative Methods of Compliance (AMOCs)

    The Manager, International Validation Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. Send information to Doug Rudolph, 
Aerospace Engineer, FAA, General Aviation & Rotorcraft Section, 
International Validation Branch, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4059; fax: (816) 329-4090; 
email: [email protected]. Before using any approved AMOC on any 
airplane to which the AMOC applies, notify your appropriate 
principal inspector (PI) in the FAA Flight Standards District Office 
(FSDO), or lacking a PI, your local FSDO.

(h) Related Information

    Refer to European Union Aviation Safety Agency (EASA) AD No. 
2018-0242, dated October 8, 2018, for more information. You may 
examine the EASA AD in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2020-0473.

(i) 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) Polskie Zaklady Lotnicze Sp. z o.o. Service Bulletin No. E/
12.141/2018, dated May 15, 2018.
    (ii) [Reserved]
    (3) For Polskie Zaklady Lotnieze Spolka zo.o service information 
identified in this AD, contact Polskie Zaklady Lotnicze Sp. z o.o., 
Wojska Polskiego 3, 39-300 Mielec, Poland, telephone: +48 17 743 
1901, email: [email protected], internet: http://www.pzlmielec.pl.
    (4) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 901 
Locust, Kansas City, Missouri 64106. For information on the 
availability of this material at the FAA, call (816) 329-4148.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email: [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on October 19, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-24243 Filed 11-2-20; 8:45 am]
BILLING CODE 4910-13-P