[Federal Register Volume 85, Number 240 (Monday, December 14, 2020)]
[Rules and Regulations]
[Pages 80590-80593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27312]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1117; Project Identifier MCAI-2020-01429-E; 
Amendment 39-21361; AD 2020-26-06]
RIN 2120-AA64


Airworthiness Directives; Technify Motors GmbH (Type Certificate 
Previously Held by Thielert Aircraft Engines GmbH) Reciprocating 
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Technify Motors GmbH TAE 125-02-99 and TAE 125-02-114 model 
reciprocating engines. This AD was prompted by a report of a defective 
turbocharger hose discovered on an airplane during a pre-flight 
inspection. This AD requires the removal and replacement of the 
affected turbocharger hose. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective December 29, 2020.
    The FAA must receive comments on this AD by January 28, 2021.

ADDRESSES: 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 https://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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this final rule, contact 
Continental Aerospace Technologies GmbH, Platanenstrasse 14, 09356 
Sankt Egidien, Germany; phone: +49 37204 696 0; email: 
[email protected]; website: www.continentaldiesel.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

[[Page 80591]]

material at the FAA, call (781) 238-7759. It is also available at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2020-1117.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2020-1117; 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 the 
Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Kevin Clark, Aviation Safety Engineer, 
ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 
(781) 238-7088; fax: (781) 238-7199; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The European Union Aviation Safety Agency (EASA), which is the 
Technical Agent for the Member States of the European Community, has 
issued EASA AD 2020-0228, dated December 3, 2020 (referred to after 
this as ``the MCAI''), to address an unsafe condition for the specified 
products. The MCAI states:

    During a pre-flight check, a defect turbocharger hose was found 
on an aeroplane. Investigation determined that a manufacturing 
defect exists on turbocharger hoses of a certain batch from one 
manufacturer. These turbocharger hoses are not pressure stable and 
it was determined that they could fail completely.
    This condition, if not corrected, could lead to significant loss 
of engine power which, in certain phases of flight and under certain 
operational conditions, could result in a hazardous condition.
    To address this potential unsafe condition, Continental 
Aerospace Technologies issued the applicable SB (original issue and 
Revision 01) to provide instructions for turbocharger hose 
identification and replacement.
    For the reason described above, this [EASA] AD requires removal 
of affected parts from engines installed on Cessna F172 and Piper 
PA-28 aeroplanes, and prohibits (re-) installation.

    You may obtain further information by examining the MCAI in the AD 
docket at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2020-1117.

FAA's Determination

    This product has been approved by EASA 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. The FAA is issuing this AD because the 
agency evaluated all the relevant information provided by EASA and has 
determined that the unsafe condition described previously is likely to 
exist or develop in other products of the same type design.

Related Service Information

    The FAA reviewed Continental Aerospace Technologies GmbH Service 
Bulletin (SB) No. CG 601-1014 P1, Revision 2, dated November 24, 2020 
(SB CG 601-1014 P1), and Continental Aerospace Technologies GmbH SB No. 
CG 651-1009 P1, Revision 1, dated October 15, 2020 (SB CG 651-1009 P1). 
SB CG 601-1014 P1 and SB CG 651-1009 P1 describe procedures for 
removing and replacing the affected turbocharger hose and identifies 
the affected turbocharger hoses for certain TAE 125-02-99 and TAE 125-
02-114 reciprocating engines installed on certain Textron Aviation, 
Inc. Model 172 and F172 airplanes. SB CG 651-1009 P1 describes 
procedures for removing and replacing the affected turbocharger hose 
and identifies the affected turbocharger hoses for certain TAE 125-02-
114 reciprocating engines installed on Piper Aircraft, Inc. Model PA-28 
airplanes.

AD Requirements

    This AD requires the removal and replacement of the affected 
turbocharger hose.

Differences Between the AD and the Service Information or the MCAI

    Continental Aerospace Technologies GmbH SB No. CG 601-1014 P1 and 
SB No. CG 651-1009 P1 instructs operators to return the affected 
turbocharger hose to Continental Aerospace Technologies GmbH, while 
this AD does not require returning the affected turbocharger hose.
    EASA AD 2020-0228 references EASA Supplemental Type Certificate 
(STC) 10014287 (formerly EASA.A.S.01527, LBA EMZ SA1295) and EASA STC 
10014364 (formerly EASA.A.S.01632, LBA EMZ SA1377), whereas this AD 
does not.

Justification for Immediate Adoption and Determination of the Effective 
Date

    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.
    The FAA has found the risk to the flying public justifies waiving 
notice and comment prior to adoption of this rule because no domestic 
operators use this product. It is unlikely that the FAA will receive 
any adverse comments or useful information about this AD from any U.S. 
operator. Accordingly, notice and opportunity for prior public comment 
are unnecessary, pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for 
the foregoing reasons, 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.

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 the docket number FAA-2020-1117 and Project 
Identifier MCAI-2020-01429-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 
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

[[Page 80592]]

of this AD. Submissions containing CBI should be sent to Kevin Clark, 
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 0 engines installed on 
airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Replace turbocharger hose.............  8 work-hours x $85 per              $500          $1,180              $0
                                         hour = $680.
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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 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 that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

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:

2020-26-06 Technify Motors GmbH (Type Certificate previously held by 
Thielert Aircraft Engines GmbH): Amendment 39-21361; Docket No. FAA-
2020-1117; Project Identifier MCAI-2020-01429-E.

(a) Effective Date

    This airworthiness directive (AD) is effective December 29, 
2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Technify Motors GmbH (Type Certificate 
previously held by Thielert Aircraft Engines GmbH) TAE 125-02-99 and 
TAE 125-02-114 model reciprocating engines with engine serial number 
(S/N) 02-02-02793, 02-02-11120, 02-02-11424, 02-02-11425, 02-02-
11426, 02-02-11494, 02-02-11497, 02-02-11498, 02-02-11500, 02-02-
11514, 02-02-11553, 02-02-11574, 02-02-11576, 02-02-11579, 02-02-
11580, 02-02-11581, 02-02-11582, and 02-02-11606 with turbocharger 
hose, part number (P/N) TAE EPA 40-7520-H0131 01, manufactured by 
BOOST products GmbH with batch number 3101-001, installed.

(d) Subject

    Joint Aircraft System Component (JASC) 8100, Exhaust Turbine 
System (RECIP).

(e) Unsafe Condition

    This AD was prompted by a report of a defective turbocharger 
hose that was discovered on an airplane during a pre-flight 
inspection. The FAA is issuing this AD to prevent failure of the 
turbocharger hose during flight. The unsafe condition, if not 
addressed, could result in loss of engine power and reduced control 
of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Action

    Within 20 flight hours or 30 days after the effective date of 
this AD, whichever occurs first, remove the affected turbocharger 
hose and replace with a part eligible for installation.

(h) Installation Prohibition

    After the effective date of this AD, do not install onto any 
engine a turbocharger hose, P/N TAE EPA 40-7520-H0131 01, 
manufactured by BOOST products GmbH with batch number 3101-001.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, ECO Branch, FAA, has the authority to approve 
AMOCs for this AD, if requested using the procedures found in 14 CFR 
39.19. In accordance with 14 CFR 39.19, send your request to your 
principal inspector or local Flight Standards District Office, as 
appropriate. If sending information directly to the manager of the 
certification office, send it to the attention of the person 
identified in Related Information. You may email your request to: 
[email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(j) Related Information

    (1) For more information about this AD, contact Kevin Clark, 
Aviation Safety Engineer, ECO Branch, FAA, 1200 District Avenue, 
Burlington, MA 01803; phone: (781) 238-7088; fax: (781) 238-7199; 
email: [email protected].
    (2) Refer to European Union Aviation Safety Agency (EASA) AD 
2020-0228, dated December 3, 2020, for more information. You may 
examine the EASA AD in the AD docket at https://www.regulations.gov 
by searching for and locating it in Docket No. FAA-2020-1117.

[[Page 80593]]

(k) Material Incorporated by Reference

    None.

    Issued on December 8, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-27312 Filed 12-11-20; 8:45 am]
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