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]
Airworthiness Directives; Polskie Zaklady Lotnicze Sp. z o.o
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
SUMMARY: The FAA is adopting a new airworthiness directive (AD)
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,
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@example.com,
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.
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,
General Aviation & Rotorcraft Section, International Validation Branch,
901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816)
329-4059; fax: (816) 329-4090; email: firstname.lastname@example.org.
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
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
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
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
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.
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.
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
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.
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
(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
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
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]
2. The FAA amends Sec. 39.13 by adding the following new airworthiness