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:
support@continentaldiesel.com; 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
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: kevin.m.clark@faa.gov.

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 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

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

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
directive: