[Federal Register Volume 85, Number 144 (Monday, July 27, 2020)]
[Rules and Regulations]
[Pages 45062-45066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16122]



[[Page 45062]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0967; Project Identifier 2017-NE-35-AD; Amendment 
39-21167; AD 2020-15-04]
RIN 2120-AA64


Airworthiness Directives; GE Aviation Czech s.r.o. Turboprop 
Engines (Type Certificate Previously Held by WALTER Engines a.s., 
Walter a.s., and MOTORLET a.s.)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
GE Aviation Czech s.r.o. M601D-11, M601E-11, M601E-11A, M601E-11AS, 
M601E-11S, M601F, H80, H80-100, H80-200, H75-100, H75-200, H85-100, and 
H85-200 model turboprop engines. This AD was prompted by a review by 
the manufacturer that identified the possibility of a power turbine 
(PT) rotor overspeed and the uncontained release of PT blades. This AD 
requires installing a modified engine outlet system. The FAA is issuing 
this AD to address the unsafe condition on these products.

DATES: This AD is effective August 31, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of August 31, 
2020.

ADDRESSES: For service information identified in this final rule, 
contact GE Aviation Czech s.r.o., Beranov[yacute]ch 65, 199 02 Praha 
9--Let[ncaron]any, Czech Republic; phone: +420 222 538 111; fax: +420 
222 538 222. 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 on the internet at https://www.regulations.gov by searching 
for and locating Docket No. FAA-2017-0967.

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-2017-
0967; 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 mandatory continuing airworthiness information 
(MCAI), the regulatory evaluation, 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: Barbara Caufield, Aerospace Engineer, 
ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 
781-238-7146; fax: 781-238-7199; email: barbara.caufield@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a supplemental notice of proposed rulemaking (SNPRM) 
to amend 14 CFR part 39 by adding an AD that would apply to all GE 
Aviation Czech s.r.o. M601D-11, M601E-11, M601E-11A, M601E-11AS, M601E-
11S, M601F, H80, H80-100, H80-200, H75-100, H75-200, H85-100, and H85-
200 model turboprop engines. The SNPRM published in the Federal 
Register on February 4, 2020 (85 FR 6110) (``the SNPRM''). The FAA 
preceded the SNPRM with a notice of proposed rulemaking (NPRM) that 
published in the Federal Register on January 24, 2018 (83 FR 3287) 
(``the NPRM''). The NPRM proposed to require installing a modified 
engine outlet system. The NPRM was prompted by a review by the 
manufacturer that identified the possibility of a PT rotor overspeed 
and the uncontained release of PT blades. The FAA is issuing this AD to 
address the unsafe condition on these products.
    The European Union Aviation Safety Agency (EASA), which is the 
Technical Agent for the Member States of the European Community, has 
issued EASA AD 2017-0151, dated August 18, 2017 (referred to after this 
as ``the MCAI''), to address the unsafe condition on these products. 
The MCAI states:

    A recent design review identified the possibility of failure of 
the power turbine (PT) or quill shaft splines.
    This condition, if not corrected, could lead to a PT rotor 
overspeed, with consequent release of PT blade(s), possibly 
resulting in high energy debris and damage to, and/or reduced 
control of, the aeroplane.
    To address this potential unsafe condition, GE Aviation Czech 
(GEAC) designed a modification (mod) of the engine outlet system and 
issued Alert Service Bulletins (ASB) ASB-M601E-72-00-00-0070, ASB-
M601D-72-00-00-0053, ASB-M601F-72-00-00-0036, ASB-M601T-72-00-00-
0029, ASB-M601Z-72-00-00-0039, ASB-H75-72-00-00-0011, ASB-H80-72-00-
00-0025 and ASB-H85-72-00-00-0007 (single document, hereafter 
referred to as ``the ASB'' in this AD), providing instructions for 
modification of engines in service.
    For the reason described above, this AD requires modification of 
the affected engines, and prohibits installation of pre-mod parts.

    You may obtain further information by examining the MCAI in the AD 
docket on the internet at https://www.regulations.gov by searching for 
and locating Docket No. FAA-2017-0967.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The FAA received no comments on the SNPRM, 
on the determination of the cost to the public, or the impact of the 
proposed rule on small entities.

Conclusion

    The FAA reviewed the relevant data 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 GE Aviation ASB ASB-M601E-72-00-00-0070[03], ASB-
M601D-72-00-00-0053[03], ASB-M601F-72-00-00-0036[03], ASB-M601T-72-00-
00-0029[03], ASB-M601Z-72-00-00-0039[03], ASB-H75-72-00-00-0011[03], 
ASB-H80-72-00-00-0025[03], and ASB-H85-72-00-00-0007[03] (single 
document; formatted as service bulletin identifier[revision number]), 
dated July 24, 2018. The ASB describes procedures for removal and 
replacement of the engine outlet system hardware. 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 affects 42 engines installed on 
airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this AD:

[[Page 45063]]



                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Replace exhaust system parts..........  64 work-hours x $85 per          $63,000         $68,440      $2,874,480
                                         hour = $5,440.
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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 Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354, codified as 
amended at 5 U.S.C. 601-612) (RFA) establishes ``as a principle of 
regulatory issuance that agencies shall endeavor, consistent with the 
objectives of the rule and of applicable statutes, to fit regulatory 
and informational requirements to the scale of the businesses, 
organizations, and governmental jurisdictions subject to regulation. To 
achieve this principle, agencies are required to solicit and consider 
flexible regulatory proposals and to explain the rationale for their 
actions to assure that such proposals are given serious 
consideration.'' Public Law 96-354, 2(b), Sept. 19, 1980. The RFA 
covers a wide-range of small entities, including small businesses, not-
for-profit organizations, and small governmental jurisdictions. 
Agencies must perform a review to determine whether a rule will have a 
significant economic impact on a substantial number of small entities. 
If the agency determines that it will, the agency must prepare a 
regulatory flexibility analysis as described in the RFA.
    The FAA published an Initial Regulatory Flexibility Analysis (IRFA) 
in the proposed rule to aid the public in commenting on the potential 
impacts to small entities. The FAA considered the public comments in 
developing the final rule and this Final Regulatory Flexibility 
Analysis (FRFA). A FRFA must contain the following:
    (1) A statement of the need for, and objectives of, the rule;
    (2) A statement of the significant issues raised by the public 
comments in response to the IRFA, a statement of the assessment of the 
agency of such issues, and a statement of any changes made in the 
proposed rule as a result of such comments;
    (3) The response of the agency to any comments filed by the Chief 
Counsel for Advocacy of the Small Business Administration (SBA) in 
response to the proposed rule, and a detailed statement of any change 
made to the proposed rule in the final rule as a result of the 
comments;
    (4) A description of and an estimate of the number of small 
entities to which the rule will apply or an explanation of why no such 
estimate is available;
    (5) A description of the projected reporting, recordkeeping, and 
other compliance requirements of the proposed rule, including an 
estimate of the classes of small entities which will be subject to the 
requirement and the type of professional skills necessary for 
preparation of the report or record;
    (6) A description of the steps the agency has taken to minimize the 
significant economic impact on small entities consistent with the 
stated objectives of applicable statutes, including a statement of the 
factual, policy, and legal reasons for selecting the alternative 
adopted in the final rule and why each of the other significant 
alternatives to the rule considered by the agency which affect the 
impact on small entities was rejected.

1. Need for and Objectives of the Rule

    This AD was prompted by a review by the manufacturer that 
identified the possibility of a PT overspeed and the uncontained 
release of PT blades. The FAA is issuing this AD to prevent uncontained 
release of the PT blades. This AD requires installing a modified engine 
outlet system. The unsafe condition, if not addressed, could result in 
failure of the PT blades, uncontained release of the blades, damage to 
the engine, and damage to the airplane.

2. Significant Issues Raised in Public Comments

    The FAA did not receive any public comments on the SNPRM.

3. Response to SBA Comments

    The Chief Counsel for Advocacy of the Small Business Administration 
(SBA) did not file any comments in response to the proposed rule. Thus, 
the FAA did not make any changes to the proposed rule in the final 
rule.

4. Small Entities to Which the Rule Will Apply

    This AD applies to all GE Aviation Czech s.r.o. M601D-11, M601E-11, 
M601E-11A, M601E-11AS, M601E-11S, M601F, H75-100, H75-200, H80, H80-
100, H80-200, H85-100, and H85-200 turboprop engines. These engines are 
typically installed on airplanes that are owned and operated by aerial 
application businesses, which is a small segment of the aviation 
industry. These airplanes, also known as ``crop-dusters,'' spread 
fertilizer, insecticides, fungicides, and weed killers.\1\
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    \1\ ``Flying Low Is Flying High As Demand for Crop-Dusters 
Soars'', by Jonathan Welsh, updated Aug. 14, 2009: https://www.wsj.com/articles/SB125020758399330769. Accessed on July 26, 
2019.
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    The FAA searched the 2018 Aircraft Registration database that 
contains the records of all U.S. Civil Aircraft maintained by the FAA's 
Aircraft Registration Branch and identified 42 airplanes with GE H80 
series engines or equivalent turboprop engines installed. The Aircraft 
Registration database shows that 38 companies own these 42 airplanes, 4 
companies own 2 airplanes, while the remaining 34 companies own 1 
airplane each. Based on these registration records, the FAA assumes 
that approximately each entity or business owned one airplane.
    By using the Small Business Administration (SBA)'s size standards 
and the North American Industry Classification System (NAICS) code 
classifications, the FAA is able to determine whether a business is 
small or not. These entities operate under NAICS code 115112, Soil 
Preparation, Planting, and Cultivating. The size standards for this 
NAICS code as provided by SBA's Size Standards

[[Page 45064]]

Table \2\ is $7.5 million in annual revenues. Therefore, entities 
generating less than $7.5 million in annual revenues would be treated 
as small businesses for the purposes of this analysis.
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    \2\ https://www.sba.gov/sites/default/files/files/Size_Standards_Table.pdf Accessed on July 26, 2019.
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    The FAA assumes that all 38 operators above that are affected by 
this AD are small businesses because $700,000 annual revenue for a 
first-class, used turbine agricultural aviation plane \3\ is a 
reasonable industry estimate. On average, entities operating in the 
aerial application industry generate approximately $700,000 each year 
($700,000 x 1 crop-duster airplane), which is below $7.5 million 
revenue size standards for NAICS code 115112. Therefore, the FAA 
assumes all 38 registered company owners or operators to be small 
entities.
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    \3\ ``How much does it cost?'' by Bill Lavender, April 3, 2017. 
https://agairupdate.com/how-much-does-it-cost/ Accessed on July 26, 
2019.
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5. Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    There are no record-keeping costs or other compliance costs 
associated with this final rule.

6. Significant Alternatives Considered

    There is no direct safety alternative to the modification of the 
engine outlet system. The modification addresses a safety issue aimed 
at preventing an uncontained release of the PT blades. Compliance cost 
of this AD comes from the removal and replacement of the exhaust system 
parts. Estimated compliance cost per engine is identified below.
    Labor cost = 64 repair hours per engine * $85 Mean Hourly Wage = 
$5,440.
    Cost of Parts = $63,000 per engine (Source: GE Aviation Czech).
    $5,440 labor per engine + $63,000 parts per engine = $68,440 
compliance cost per engine.
    To estimate the revenue impacts of the AD on these 38 small 
operators, the FAA used the total estimated one-time costs of 
compliance per each engine ($68,440) and divided it by the estimated 
annual revenue of each entity ($700,000). The FAA determined all 38 
small businesses that would be affected by this AD would experience 
impacts of approximately 10 percent of their annual revenue during the 
implementation of this AD ($68,440 / $700,000).
    Therefore, the FAA determined that this AD rule will have a 
significant economic impact on a substantial number of small entities.

Regulatory Findings

    The FAA determined that this AD would not have federalism 
implications under Executive Order 13132. This AD would 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, 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.

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):

2020-15-04 GE Aviation Czech s.r.o. (Type Certificate previously 
held by WALTER Engines a.s., Walter a.s., and MOTORLET a.s.): 
Amendment 39-21167; Docket No. FAA-2017-0967; Project Identifier 
2017-NE-35-AD.

(a) Effective Date

    This AD is effective August 31, 2020.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to all GE Aviation Czech s.r.o. M601D-11, 
M601E-11, M601E-11A, M601E-11AS, M601E-11S, M601F, H75-100, H75-200, 
H80, H80-100, H80-200, H85-100, and H85-200 turboprop engines.
    (2) These engines are known to be installed on, but not limited 
to, Thrush Aircraft, Inc. (formerly Quality, Ayres, Rockwell) S-2R, 
PZL ``Warszawa-Ok[eogon]cie'' PZL-106 (Kruk), Air Tractor AT-300, 
AT-400 and AT-500 series, Allied Ag Cat Productions, Inc. (formerly 
Schweizer, Grumman American) G-164 series, RUAG (formerly Dornier) 
Do 28 and Aircraft Industries (formerly LET) L-410 airplanes.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7810, Engine 
Collector/Tailpipe/Nozzle.

(e) Unsafe Condition

    This AD was prompted by a review by the manufacturer that 
identified the possibility of a power turbine (PT) overspeed and the 
uncontained release of PT blades. The FAA is issuing this AD to 
prevent uncontained release of the PT blades. The unsafe condition, 
if not addressed, could result in failure of the PT blades, 
uncontained release of the blades, damage to the engine, and damage 
to the airplane.

(f) Compliance

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

(g) Required Actions

    (1) After the effective date of this AD, replace the parts 
listed in Tables 2 through 5 to paragraph (g) of this AD with the 
parts identified in Planning Information, Paragraph 1.5, Sections I 
through IV, respectively in GE Aviation Alert Service Bulletin (ASB) 
ASB-M601E-72-00-00-0070[03], ASB-M601D-72-00-00-0053[03], ASB-M601F-
72-00-00-0036[03], ASB-M601T-72-00-00-0029[03], ASB-M601Z-72-00-00-
0039[03], ASB-H75-72-00-00-0011[03], ASB-H80-72-00-00-0025[03], and 
ASB-H85-72-00-00-0007[03] (single document; formatted as service 
bulletin identifier[revision number]), dated July 24, 2018, using 
the criteria below, whichever occurs first:
    (i) During the next engine shop visit,
    (ii) within the compliance time identified in the applicable 
Airworthiness Limitations Section of the existing maintenance manual 
for the affected engine model, or
    (iii) within the compliance time, in years after the effective 
date of this AD, shown in Table 1 of this AD.
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    (2) [Reserved]

(h) Installation Prohibition

    (1) Do not install any part with a P/N listed in Tables 2 
through 5 to paragraph (g) of this AD on any engine after that 
engine has been modified as required by paragraph (g)(1) of this AD.
    (2) After the effective date of this AD, do not install a part 
with a P/N listed in Tables 2 through 5 of this AD on any engine 
manufactured on or after September 1, 2017.

(i) Definition

    For the purpose of this AD, an engine shop visit is when the 
engine is overhauled or rebuilt, or the PT is disassembled.

(j) 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 
ECO Branch, send it to the attention of the person identified in 
paragraph (k)(1) of this AD. You may email your request to: ANE-AD-AMOC@faa.gov.
    (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.

(k) Related Information

    (1) For more information about this AD, contact Barbara 
Caufield, Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue, 
Burlington, MA 01803; phone: 781-238-7146; fax: 781-238-7199; email: 
barbara.caufield@faa.gov.
    (2) Refer to European Union Aviation Safety Agency (EASA) AD 
2017-0151R1, dated December 5, 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 it in Docket No. 
FAA-2017-0967.

(l) 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) GE Aviation Alert Service Bulletin ASB-M601E-72-00-00-
0070[03], ASB-M601D-72-00-00-0053[03], ASB-M601F-72-00-00-0036[03], 
ASB-M601T-72-00-00-0029[03], ASB-M601Z-72-00-00-0039[03], ASB-H75-
72-00-00-0011[03], ASB-H80-72-00-00-0025[03], and ASB-H85-72-00-00-
0007[03] (single document; formatted as service bulletin 
identifier[revision number]), dated July 24, 2018.
    (ii) [Reserved]
    (3) For GE Aviation Czech service information identified in this 
AD, contact GE Aviation Czech s.r.o., Beranov[yacute]ch 65, 199 02 
Praha 9--Let[ncaron]any, Czech Republic; phone: +420 222 538 111; 
fax: +420 222 538 222.
    (4) You may view this service information at 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.
    (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: fedreg.legal@nara.gov, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on July 10, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-16122 Filed 7-24-20; 8:45 am]
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