[Federal Register Volume 84, Number 101 (Friday, May 24, 2019)]
[Rules and Regulations]
[Pages 24007-24010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10993]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0350; Product Identifier 2019-CE-025-AD; Amendment 
39-19634; AD 2019-08-13]
RIN 2120-AA64


Airworthiness Directives; Textron Aviation, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Textron Aviation, Inc. (type certificate previously held by Cessna 
Aircraft Company) Models 525, 525A, and 525B airplanes with Tamarack 
active load alleviation system (ATLAS) winglets installed in accordance 
with Supplemental Type Certificate (STC) SA03842NY. This AD results 
from mandatory continuing airworthiness information (MCAI) issued by 
the aviation authority of another country to identify and correct an 
unsafe condition on an aviation product. The MCAI describes the unsafe 
condition as malfunction of the ATLAS. We are issuing this AD to 
require actions to address the unsafe condition on these products.

DATES: This AD is effective May 24, 2019.
    We must receive comments on this AD by July 8, 2019.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0350; 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 AD, the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations (telephone (800) 
647-5527) is in the ADDRESSES section. Comments will be available in 
the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Steven Dzierzynski, Aerospace 
Engineer, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, New York 11590; telephone: (516) 228-7367; fax: (516) 794-
5531; email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
AD No.: 2019-0086-E, dated April 19, 2019 (referred to after this as 
``the MCAI''), to correct an unsafe condition for Textron Aviation, 
Inc. Models 525, 525A, and 525B airplanes with Tamarack ATLAS winglets 
installed in accordance with STC SA03842NY. The MCAI states:

    The active load alleviation system (ATLAS), when operational, 
deflects the Tamarack active control surfaces (TACS) on the outboard 
wings. Recently, occurrences have been reported in which ATLAS 
appears to have malfunctioned, causing upset events where, in some 
cases, the pilots had difficulty to recover the aeroplane to safe 
flight. Investigation continues to determine the cause(s) for the 
reported events.
    This condition, if not corrected, could lead to loss of control 
of the aeroplane.
    To address this potential unsafe condition, Cranfield Aerospace 
Solutions have issued the [service bulletin] SB, providing 
instructions to pull and collar the ATLAS circuit breaker, to make 
TACS immovable and to amend the applicable AFMS.
    For the reasons described above, this [EASA] AD requires the 
Tamarack ATLAS to be deactivated and the TACS to be fixed in place. 
This [EASA] AD also requires implementation of operational 
limitations and repetitive pre-flight inspections by amending the 
applicable AFMS. Finally, this [EASA] AD requires a modification of 
the ATLAS, which would provide relief for the deactivation, 
limitations and repetitive inspections as required by this AD.

    This [EASA] AD is an interim action and further AD action may 
follow.
    The National Transportation Safety Board (NTSB) is investigating a 
fatal accident involving a Model 525 airplane with the ATLAS STC 
installed. The NTSB investigation focuses on the role the ATLAS may 
have played in the accident. In addition to the accident, five 
incidents of aircraft uncommanded roll events with the ATLAS activated 
have been reported to EASA and the FAA. In each incident, the pilot was 
able to recover from the event and land the aircraft safely. You may 
examine the MCAI on the internet at http://www.regulations.gov by 
searching for and locating Docket No. FAA-2019-0350.

FAA's Determination and Requirements of the AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with this State of Design Authority, they 
have notified us of the unsafe condition described in the MCAI and 
service information referenced above. We are issuing this AD because we 
evaluated all information provided by the State of Design Authority and 
determined the unsafe condition exists and is likely to exist or 
develop on other products of the same type design.
    EASA has approved a master minimum equipment list (MMEL) for the 
ATLAS, which allows operation of the airplane with the system disabled 
for up to 10 flight hours with operating limitations. However, the FAA 
has not approved an MMEL for the ATLAS. The EASA AD allows operation 
for up to 100 flight hours with the system disabled and with the same 
operating limitations as in the MMEL. However, this AD does not allow 
operation with the ATLAS disabled.
    Instead, this AD prohibits all flight until a modification has been 
incorporated in accordance with an FAA-approved method. Until a 
modification method is developed and approved, this AD requires 
revising the operating limitations in the AFM and fabricating and 
installing a placard to prohibit further flight.

[[Page 24008]]

    The FAA finds the service information from the STC holder 
(Cranfield Aerospace Solutions) does not contain adequate instructions 
to safely disable the ATLAS. Those instructions include the use of 
``speed tape'' around each Tamarack active camber surface (TACS) to 
keep them faired in the neutral position during flight. Any 
modifications mandated through AD action become changes to the type 
design in the U.S. system. The FAA would need to ensure that the use of 
speed tape complies with the applicable airworthiness regulations for 
use on a movable surface to hold that surface in a fixed position. The 
speed tape does not have sufficient testing and analysis to support the 
type design change. This program would involve testing for 
environmental effects, fatigue analysis, and analysis of hazards due to 
potential failures of the tape. Without more analysis, the security of 
the speed tape method to prevent movement of the TACS cannot be 
assured, and loss of control of the airplane may occur with the ATLAS 
disabled. An operator or Cranfield may provide substantiating data to 
the FAA and request an alternative method of compliance using the 
procedures in paragraph (g) of this AD.
    This AD specifies that the owner/operator (pilot) may revise the 
AFM and may fabricate and install a placard prohibiting flight. 
Revising an AFM is not considered a maintenance action and may be done 
by a pilot holding at least a private pilot certificate. Allowing the 
pilot to fabricate and install a placard is an exception to our 
standard maintenance regulations. These actions must be recorded in the 
aircraft maintenance records to show compliance with this AD.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because the 
ATLAS, when operational, deflects the active control surfaces on the 
outboard wings. The malfunction of the ATLAS may reduce the pilot's 
ability to control the airplane. The service information provided by 
the STC holder does not contain adequate instructions to mitigate the 
unsafe condition. This unsafe condition could lead to loss of control 
of the airplane with consequent loss of life. The severity of the risk 
warrants compliance before further flight. Therefore, we find good 
cause that notice and opportunity for prior public comment are 
impracticable. In addition, for the reasons stated above, we find that 
good cause exists for making this amendment effective upon publication.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2019-0350; Product 
Identifier 2019-CE-025-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

Costs of Compliance

    We estimate that this AD affects 76 products of U.S. registry. We 
also estimate that it will take about 2 work-hours per product to 
revise the Operating Limitations section of the AFM and to fabricate 
and install a placard. The average labor rate is $85 per work-hour. We 
estimate the parts cost to fabricate the placard as $5.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $13,300, or $175 per product.
    This AD prohibits flight until the incorporation of an FAA-approved 
modification. At this time, a modification does not exist; therefore, 
we have no data to use for estimating the cost of the modification.
    As indicated earlier in this preamble, we specifically invite the 
submission of comments and other data regarding the costs of this AD.

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.
    We are 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 is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to small airplanes, gliders, 
balloons, airships, domestic business jet transport airplanes, and 
associated appliances to the Director of the Policy and Innovation 
Division.

Regulatory Findings

    We determined that 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,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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:


[[Page 24009]]


    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):

2019-08-13 Textron Aviation, Inc. (Type certificate previously held 
by Cessna Aircraft Company): Amendment 39-19634; Docket No. FAA-
2019-0350; Product Identifier 2019-CE-025-AD.

(a) Effective Date

    This AD becomes effective May 24, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Textron Aviation, Inc. (type certificate 
previously held by Cessna Aircraft Company) Models 525, 525A, and 
525B airplanes, certificated in any category, with Tamarack active 
load alleviation system (ATLAS) winglets installed in accordance 
with Supplemental Type Certificate (STC) SA03842NY.

(d) Subject

    Air Transport Association of America (ATA) Code 27: Flight 
Controls.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness 
information (MCAI) issued by the aviation authority of another 
country to identify and correct an unsafe condition on an aviation 
product. The MCAI describes the unsafe condition as malfunction of 
the ATLAS, which could cause difficulty for the pilot to recover the 
airplane to safe flight. We are issuing this AD to prevent failure 
of the Tamarack ATLAS winglets, which may lead to the pilot's 
inability to control the airplane.

(f) Actions and Compliance

    Unless already done, do the following actions in paragraphs 
(f)(1) through (3) of this AD.
    (1) Before further flight after May 24, 2019 (the effective date 
of this AD):
    (i) Revise the Operating Limitations section of the airplane 
flight manual (AFM) to prohibit further flight. You may insert a 
copy of this AD into the Operating Limitations section of the AFM to 
comply with this requirement.
    (ii) Fabricate and install a placard in the cockpit of the 
airplane, in plain view of the pilot, with the following text: ALL 
FLIGHT IS PROHIBITED.
    (2) In addition to the provisions of 14 CFR 43.3 and 43.7, the 
actions required by paragraph (f)(1) of this AD may be performed by 
the owner/operator (pilot) holding at least a private pilot 
certificate and must be entered into the aircraft records showing 
compliance with this AD in accordance with 14 CFR 43.9(a)(1) through 
(4) and 14 CFR 91.417(a)(2)(v). The record must be maintained as 
required by 14 CFR 91.417. This authority is not applicable to 
aircraft being operated under 14 CFR part 119.
    (3) You may remove the AFM revision and placard required by 
paragraph (f)(1) of this AD after incorporating an FAA-approved 
modification. To obtain FAA-approval, the modification method must 
be approved by the Manager, New York ACO Branch, and the approval 
letter must specifically refer to this AD. To contact the New York 
ACO Branch, you may use the contact information found in paragraph 
(g) of this AD.

(g) Alternative Methods of Compliance (AMOCs)

    The Manager, New York ACO 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 ATTN: Program Manager, 
Continued Operational Safety FAA, New York ACO Branch, 1600 Stewart 
Avenue, Suite 410, Westbury, New York 11590; telephone: (516) 228-
7300; fax: (516) 794-5531; 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) Special Flight Permit

    A special flight permit may be issued to allow 10 hours time-in-
service for non-passenger carrying flight under the operating 
limitations in figure 1 to this paragraph of this AD.

[[Page 24010]]

[GRAPHIC] [TIFF OMITTED] TR24MY19.005

(i) Related Information

    Refer to MCAI European Aviation Safety Agency AD No.: 2019-0086-
E, dated April 19, 2019, for related information. You may examine 
the MCAI on the internet at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2019-0350.

    Issued in Kansas City, Missouri, on May 20, 2019.
Melvin J. Johnson,
Aircraft Certification Service, Deputy Director, Policy and Innovation 
Division, AIR-601.
[FR Doc. 2019-10993 Filed 5-22-19; 11:15 am]
 BILLING CODE 4910-13-P