Airworthiness Directives; Textron Aviation, Inc., (Type Certificate Previously Held by Cessna Aircraft Company) Airplanes, 74595-74598 [2020-25689]

Download as PDF 74595 Rules and Regulations Federal Register Vol. 85, No. 226 Monday, November 23, 2020 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 [NRC–2020–0166] RIN 3150–AK50 List of Approved Spent Fuel Storage Casks: NAC International, Inc. MAGNASTOR® Storage System, Certificate of Compliance No. 1031, Amendment No. 9 Nuclear Regulatory Commission. ACTION: Direct final rule; confirmation of effective date. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is confirming the effective date of December 7, 2020, for the direct final rule that was published in the Federal Register on September 22, 2020. The direct final rule amends the NRC’s spent fuel storage regulations by revising the NAC International, Inc. MAGNASTOR® Storage System listing within the ‘‘List of approved spent fuel storage casks’’ to include Amendment No. 9 to Certificate of Compliance No. 1031. DATES: Effective date: The effective date of December 7, 2020, for the direct final rule published September 22, 2020 (85 FR 59395), is confirmed. ADDRESSES: Please refer to Docket ID NRC–2020–0166 when contacting the NRC about the availability of information for this action. You may obtain publicly-available information related to this action by any of the following methods: • Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC–2020–0166. Address questions about NRC dockets to Dawn Forder; telephone: 301–415–3407; email: Dawn.Forder@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. SUMMARY: VerDate Sep<11>2014 17:19 Nov 20, 2020 Jkt 253001 • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publiclyavailable documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301– 415–4737, or by email to pdr.resource@ nrc.gov. The proposed amendment to the certificate of compliance, the proposed changes to the technical specifications, and the preliminary safety evaluation report are available in ADAMS under Accession No. ML20174A550. The final amendment to the certificate of compliance, final changes to the technical specifications, and final safety evaluation report can also be viewed in ADAMS under Accession No. ML20307A116. • Attention: The Public Document Room (PDR), where you may examine and order copies of public documents, is currently closed. You may submit your request to the PDR via email at pdr.resource@nrc.gov or call 1–800– 397–4209 between 8:00 a.m. and 4:00 p.m. (EST), Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Angella Love Blair, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–415–3453, or email: Angella.LoveBlair@nrc.gov. SUPPLEMENTARY INFORMATION: On September 22, 2020 (85 FR 59395), the NRC published a direct final rule amending its regulations in part 72 of title 10 of the Code of Federal Regulations to revise the NAC International, Inc. MAGNASTOR® Storage System listing within the ‘‘List of approved spent fuel storage casks’’ to include Amendment No. 9 to Certificate of Compliance No. 1031. Amendment No. 9 revises the certificate of compliance to add a new concrete storage overpack; four new heat load zone patterns and their associated decay heats that are specific to Babcock and Wilcox 15x15 fuel assemblies; a new Babcock & Wilcox 15x15 hybrid fuel assembly type (BW15H5); and a new maximum enrichment for the BW15H2 hybrid fuel assembly, including a new minimum soluble boron concentration PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 during loading and unloading operations and neutron absorber areal density. In addition, Amendment No. 9 makes non-technical changes to reorganize Appendix B of the technical specifications. In the direct final rule published on September 22, 2020, the NRC stated that if no significant adverse comments were received, the direct final rule would become effective on December 7, 2020. The NRC received and docketed two comments on the companion proposed rule (85 FR 59447; September 22, 2020). Electronic copies of the comments can be obtained from the Federal Rulemaking website at https:// www.regulations.gov under Docket ID NRC–2020–0166 and are also available in ADAMS under Accession Nos. ML20295A201 and ML20300A482, respectively. The NRC evaluated the comments against the criteria described in the direct final rule and determined that the comments were not significant and adverse. Specifically, the comments were outside the scope of this rulemaking, did not oppose the rule, or did not propose a change to the rule, such that the rule would be ineffective or unacceptable without a change. Therefore, the direct final rule will become effective as scheduled. Dated: November 13, 2020. For the Nuclear Regulatory Commission. Cindy K. Bladey, Chief, Regulatory Analysis and Rulemaking Support Branch, Division of Rulemaking, Environmental, and Financial Support, Office of Nuclear Material Safety and Safeguards. [FR Doc. 2020–25525 Filed 11–20–20; 8:45 am] BILLING CODE 7590–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2020–0493; Project Identifier 2019–CE–046–AD; Amendment 39–21336; AD 2020–24–06] RIN 2120–AA64 Airworthiness Directives; Textron Aviation, Inc., (Type Certificate Previously Held by Cessna Aircraft Company) Airplanes Federal Aviation Administration (FAA), DOT. AGENCY: E:\FR\FM\23NOR1.SGM 23NOR1 74596 ACTION: Federal Register / Vol. 85, No. 226 / Monday, November 23, 2020 / Rules and Regulations Final rule. FOR FURTHER INFORMATION CONTACT: The FAA is superseding Airworthiness Directive (AD) AD 2019– 08–13 for Textron Aviation, Inc., (type certificate previously held by Cessna Aircraft Company) Models 525, 525A, and 525B airplanes with Tamarack Aerospace Group (Tamarack) active load alleviation system (ATLAS) winglets installed in accordance with Supplemental Type Certificate (STC) SA03842NY. AD 2019–08–13 was prompted by 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 malfunction of the ATLAS. This AD results from the identification of corrective actions that, if implemented, allow operators to reactivate the ATLAS and restore operations to normal procedures. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective December 28, 2020. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of December 28, 2020. ADDRESSES: For Cranfield Aerospace Solutions Limited and Tamarack Aerospace Group service information identified in this AD, contact Tamarack Aerospace Group, Inc. 2021 Industrial Drive, Sandpoint, Idaho 83864; telephone: (208) 255–4400; email: support@tamarackaero.com; internet: https://tamarackaero.com. 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 at https:// www.regulations.gov by searching for and locating Docket No. FAA–2020– 0493. SUMMARY: Examining the AD Docket You may examine the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA–2020–0493; 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. VerDate Sep<11>2014 17:19 Nov 20, 2020 Jkt 253001 Steven Dzierzynski, Aerospace Engineer, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590; telephone: (516) 287–7367; fax: (516) 794–5531; email: steven.dzierzynski@faa.gov. SUPPLEMENTARY INFORMATION: Background The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2019–08–13, Amendment 39–19634 (84 FR 24007, May 24, 2019) (AD 2019–08–13). AD 2019–08–13 applied to Textron Aviation, Inc., Models 525, 525A, and 525B airplanes with Tamarack ATLAS winglets installed in accordance with STC SA03842NY. The NPRM published in the Federal Register on June 2, 2020 (85 FR 33583). AD 2019–08–13 prohibited all flight by revising the operating limitations in the airplane flight manual and fabricating and installing a placard, until a modification has been incorporated in accordance with an FAA-approved method. AD 2019–08–13 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. 2019– 0086–E, dated April 19, 2019, to address an unsafe condition related to reports of the ATLAS malfunctioning, which could lead to loss of control of the airplane. The NPRM was prompted by EASA’s revision to the MCAI. EASA issued AD No. 2019–0086R1, dated August 9, 2019, to require modifications previously developed by Cranfield Aerospace Solutions Limited (Cranfield), the holder of STC SA03842NY, to restore the safety of the ATLAS design and allow operators to reactivate the ATLAS. In the NPRM, the FAA proposed to require installing the modified Tamarack Active Camber Surface (TACS) control unit (TCU) and centering strips and revising the Tamarack maintenance manual supplement to include instructions for continued airworthiness relating to the centering strips. The FAA is issuing this AD to address the unsafe condition on these products. 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–2019– 0493. Comments The FAA received comments from two commenters. The commenters were PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 Tamarack and the General Aviation Manufacturers Association (GAMA). The following presents the comments received on the NPRM and the FAA’s response to each comment. Supportive Comments Tamarack and GAMA supported the NPRM. Request To Revise the Preamble Tamarack requested the FAA correct a statement in the preamble of the NPRM that the April 13, 2019 incident exposed a failure mode of the ATLAS that was not anticipated during certification. Tamarack commented this statement in the NPRM implies that only the worst case condition was tested while other less critical conditions were not. The commenter further stated that the failure mode that occurred on April 13, 2019 was tested during certification and shown to be recoverable. The commenter discussed the investigations and flights tests conducted by EASA and stated this data was reviewed and validated by the FAA before the FAA issued AD 2019–08–13. The FAA partially agrees. The FAA issued AD 2019–08–13 on May 20, 2019. The FAA had received flight path data for the UK incident aircraft; however, this data did not provide any information about the operation of the ATLAS system during the incident. Therefore, it was not considered in the development of the FAA AD. No other information about the operation of the ATLAS system during this incident has been provided to the FAA. The FAA received the root cause report mentioned by the commenter on April 22, 2019, which deemed further investigation was warranted to determine if the actions specified in Cranfield’s service bulletin mitigated the unsafe condition. Many discussions between the FAA and EASA occurred before and after the issuance of AD 2019–08–13. Given that the Cranfield service bulletin did not contain adequate instructions for the use of ‘‘speed tape’’ to prevent the TACS from floating, the FAA found it unacceptable for correcting the unsafe condition. Instead of delaying action to address the unsafe condition to wait for testing of the ‘‘speed tape,’’ the FAA issued AD 2019–08–13 to ground the affected airplanes, knowing that operators could request an alternative method of compliance when substantiating data became available or when the investigation was complete. The FAA did not make changes to this AD based on this comment. E:\FR\FM\23NOR1.SGM 23NOR1 Federal Register / Vol. 85, No. 226 / Monday, November 23, 2020 / Rules and Regulations Request To Update the STC Holder Tamarack requested the FAA update the STC holder and contact information from Cranfield to Tamarack. The commenter noted that Cranfield finalized the transfer of STC SA03842NY to Tamarack after the issuance of AD 2019–08–13. The FAA agrees and has updated the references as requested. Conclusion The FAA reviewed the relevant data, considered the comments received, and determined that air safety requires adopting the AD as proposed. Accordingly, the FAA is issuing this AD to address the unsafe condition on these products. Related Service Information Under 1 CFR Part 51 The FAA reviewed the following service documents required for compliance with this AD: • Cranfield Aerospace Solutions Limited Service Bulletin CAS/SB1480, Issue A, dated July 2019, which contains instructions to ensure installation of a modified TCU and the TACS centering strips; and • Tamarack Aerospace Group Cessna 525, 525A, & 525B ATLAS Winglet Maintenance Manual Supplement, Report Number: TAG–1100–0101, Issue G, dated September 3, 2019, which adds instructions to inspect the centering strips and adds repetitive inspection intervals to the Airworthiness Limitations section of the supplement for the centering strips. 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. Other Related Service Information The FAA also reviewed the following documents related to this AD: • Cranfield Aerospace Solutions Limited Service Bulletin CAS/SB1475, Issue A, dated February 2019, which contains the instructions for installing the centering strips to the TACS, identified as modification CAeM/ Cessna/1475; • Tamarack Aerospace Group ATLAS Service Bulletin SBATLAS–57–03, dated July 27, 2018, which contains instructions to remove the ATLAS TCU and return it to the ATLAS repair facility for modification; • Tamarack Aerospace Group ATLAS Service Bulletin SBATLAS–57–05, dated February 20, 2019, which contains instructions to install centering strips on the TACS; and VerDate Sep<11>2014 17:19 Nov 20, 2020 Jkt 253001 • Cranfield Aerospace Solutions Limited Service Bulletin CAS/SB1467, Issue B, dated July 2018, which contains instructions to remove the ATLAS TCU assembly and modify it as specified in CAS/SB1480, Issue A. Costs of Compliance The FAA estimates that this AD will affect 76 products of U.S. registry. The FAA also estimates that it will take 16 work-hours with a parts cost of $4,314 per product to modify the TCU, 24 work-hours with a parts cost of $199 per product to install the centering strips, and 1 work-hour per product to revise the limitations section as required by this AD. The average labor rate is $85 per work-hour. Based on these figures, the FAA estimates the cost of this AD on U.S. operators to be $607,848, or $7,998 per product. The FAA has included all known costs in its cost estimate. According to the manufacturer, however, some of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected operators. 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 this AD: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866, PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 74597 (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 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. § 39.13 [Amended] 2. The FAA amends § 39.13 by: a. Removing Airworthiness Directive 2019–08–13, Amendment 39–19634 (84 FR 24007, May 24, 2019); and ■ b. Adding the following new airworthiness directive: ■ ■ 2020–24–06 Textron Aviation, Inc., (Type Certificate Previously Held by Cessna Aircraft Company): Amendment 39– 21336; Docket No. FAA–2020–0493; Project Identifier 2019–CE–046–AD. (a) Effective Date This airworthiness directive (AD) is effective December 28, 2020. (b) Affected ADs This AD replaces AD 2019–08–13, Amendment 39–19634 (84 FR 24007, May 24, 2019) (AD 2019–08–13). (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 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. The FAA is issuing this AD to prevent malfunction of the ATLAS E:\FR\FM\23NOR1.SGM 23NOR1 74598 Federal Register / Vol. 85, No. 226 / Monday, November 23, 2020 / Rules and Regulations and to ensure the Tamarack Active Camber Surface (TACS) remains in a faired position in the case of inadvertent power loss to the ATLAS, which could lead to loss of control of the airplane. (f) Compliance Unless already done, do the following actions in paragraphs (g) and (h) of this AD. (g) Modifications Before further flight after the effective date of this AD, do the following corrective actions: (1) Determine whether the serial number of the TACS control unit (TCU) assembly is listed in table 7.8. of Cranfield Aerospace Solutions Limited (Cranfield) Service Bulletin CAS/SB1480, Issue A, dated July 2019 (Cranfield CAS/SB1480, Issue A). If the serial number of the TCU assembly is not listed in table 7.8., replace the TCU assembly with a TCU assembly that has a part number listed in section 5 and a serial number listed in table 7.8 of Cranfield CAS/SB1480, Issue A. (2) Determine whether centering strips have been installed on the trailing edge of the TACS by following step 7.4. of Cranfield CAS/SB1480, Issue A. If the trailing edge of the TCAS does not have centering strips, install Cranfield modification CAeM/Cessna/ 1475. (h) Revision to the Maintenance Manual Supplement (1) Before further flight after the effective date of this AD, revise the Airworthiness Limitations section (ALS) and Instructions for Continued Airworthiness for your airplane by adding the updates in Tamarack Aerospace Group Cessna 525, 525A & 525B ATLAS Winglet Maintenance Manual Supplement, Report Number: TAG–1100– 0101, Issue G, dated September 3, 2019. (2) Thereafter, except as provided in paragraph (i) of this AD, no alternative inspection intervals may be approved for the centering strips. Inserting a later issue of the ALS with language identical to that contained in Issue G for the centering strips is acceptable for compliance with the requirements of this paragraph. (3) The airplane flight manual revision and placard required by AD 2019–08–13, if installed, may be removed after completing the modifications required by paragraph (g) of this AD. (i) 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) 287–7321; fax: (516) 794–5531; email: 9-avsnyaco-cos@faa.gov. 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. VerDate Sep<11>2014 17:19 Nov 20, 2020 Jkt 253001 (j) Related Information Refer to European Union Aviation Safety Agency (EASA) AD No. 2019–0086R1, dated August 9, 2019, for related information. You may examine the MCAI on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA–2020–0493. (k) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference 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) Cranfield Aerospace Solutions Limited Service Bulletin CAS/SB1480, Issue A, dated July 2019. (ii) Tamarack Aerospace Group Cessna 525, 525A, & 525B ATLAS Winglet Maintenance Manual Supplement, Report Number: TAG– 1100–0101, Issue G, dated September 3, 2019. (3) For Cranfield Aerospace Solutions Limited and Tamarack Aerospace Group service information identified in this AD, contact Tamarack Aerospace Group, Inc. 2021 Industrial Drive, Sandpoint, Idaho 83864; telephone: (208) 255–4400; email: support@tamarackaero.com; internet: https:// tamarackaero.com. (4) 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. (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 November 13, 2020. Lance T. Gant, Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2020–25689 Filed 11–20–20; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2017–1059; Project Identifier 2017–CE–035–AD; Amendment 39–21335; AD 2020–24–05] RIN 2120–AA64 Airworthiness Directives; Piper Aircraft, Inc. Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 The FAA is adopting a new airworthiness directive (AD) for certain Piper Aircraft, Inc. (Piper) Models PA– 28–140, PA–28–150, PA–28–160, PA– 28–180, PA–28–235, PA–32–260, and PA–32–300 airplanes. This AD was prompted by reports of corrosion found in an area of the main wing spar not easily accessible for inspection. This AD requires inspecting the left and right main wing spars for corrosion, and, if corrosion is found, taking all necessary corrective actions. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective December 28, 2020. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of December 28, 2020. ADDRESSES: For service information identified in this final rule, contact Piper Aircraft, Inc., 2926 Piper Drive, Vero Beach, Florida 32960; telephone: (772) 567–4361; internet: https:// www.piper.com. 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–2017–1059. SUMMARY: 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– 1059; 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 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: Dan McCully, Aerospace Engineer, FAA, Atlanta ACO Branch, 1701 Columbia Avenue, College Park, Georgia 30337; telephone: (404) 474–5548; fax: (404) 474–5606; email: william.mccully@ faa.gov. SUPPLEMENTARY INFORMATION: Background The FAA issued a supplemental notice of proposed rulemaking (SNPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain serial- E:\FR\FM\23NOR1.SGM 23NOR1

Agencies

[Federal Register Volume 85, Number 226 (Monday, November 23, 2020)]
[Rules and Regulations]
[Pages 74595-74598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25689]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0493; Project Identifier 2019-CE-046-AD; Amendment 
39-21336; AD 2020-24-06]
RIN 2120-AA64


Airworthiness Directives; Textron Aviation, Inc., (Type 
Certificate Previously Held by Cessna Aircraft Company) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

[[Page 74596]]


ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is superseding Airworthiness Directive (AD) AD 2019-
08-13 for Textron Aviation, Inc., (type certificate previously held by 
Cessna Aircraft Company) Models 525, 525A, and 525B airplanes with 
Tamarack Aerospace Group (Tamarack) active load alleviation system 
(ATLAS) winglets installed in accordance with Supplemental Type 
Certificate (STC) SA03842NY. AD 2019-08-13 was prompted by 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 malfunction of the ATLAS. This AD results from the 
identification of corrective actions that, if implemented, allow 
operators to reactivate the ATLAS and restore operations to normal 
procedures. The FAA is issuing this AD to address the unsafe condition 
on these products.

DATES: This AD is effective December 28, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of December 28, 
2020.

ADDRESSES: For Cranfield Aerospace Solutions Limited and Tamarack 
Aerospace Group service information identified in this AD, contact 
Tamarack Aerospace Group, Inc. 2021 Industrial Drive, Sandpoint, Idaho 
83864; telephone: (208) 255-4400; email: [email protected]; 
internet: https://tamarackaero.com. 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 at https://www.regulations.gov by searching for 
and locating Docket No. FAA-2020-0493.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2020-0493; 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: Steven Dzierzynski, Aerospace 
Engineer, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, New York 11590; telephone: (516) 287-7367; fax: (516) 794-
5531; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2019-08-13, Amendment 39-19634 (84 FR 
24007, May 24, 2019) (AD 2019-08-13). AD 2019-08-13 applied to Textron 
Aviation, Inc., Models 525, 525A, and 525B airplanes with Tamarack 
ATLAS winglets installed in accordance with STC SA03842NY. The NPRM 
published in the Federal Register on June 2, 2020 (85 FR 33583).
    AD 2019-08-13 prohibited all flight by revising the operating 
limitations in the airplane flight manual and fabricating and 
installing a placard, until a modification has been incorporated in 
accordance with an FAA-approved method. AD 2019-08-13 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. 2019-0086-E, dated April 19, 2019, to address an 
unsafe condition related to reports of the ATLAS malfunctioning, which 
could lead to loss of control of the airplane.
    The NPRM was prompted by EASA's revision to the MCAI. EASA issued 
AD No. 2019-0086R1, dated August 9, 2019, to require modifications 
previously developed by Cranfield Aerospace Solutions Limited 
(Cranfield), the holder of STC SA03842NY, to restore the safety of the 
ATLAS design and allow operators to reactivate the ATLAS. In the NPRM, 
the FAA proposed to require installing the modified Tamarack Active 
Camber Surface (TACS) control unit (TCU) and centering strips and 
revising the Tamarack maintenance manual supplement to include 
instructions for continued airworthiness relating to the centering 
strips. The FAA is issuing this AD to address the unsafe condition on 
these products.
    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-2019-0493.

Comments

    The FAA received comments from two commenters. The commenters were 
Tamarack and the General Aviation Manufacturers Association (GAMA). The 
following presents the comments received on the NPRM and the FAA's 
response to each comment.

Supportive Comments

    Tamarack and GAMA supported the NPRM.

Request To Revise the Preamble

    Tamarack requested the FAA correct a statement in the preamble of 
the NPRM that the April 13, 2019 incident exposed a failure mode of the 
ATLAS that was not anticipated during certification. Tamarack commented 
this statement in the NPRM implies that only the worst case condition 
was tested while other less critical conditions were not. The commenter 
further stated that the failure mode that occurred on April 13, 2019 
was tested during certification and shown to be recoverable. The 
commenter discussed the investigations and flights tests conducted by 
EASA and stated this data was reviewed and validated by the FAA before 
the FAA issued AD 2019-08-13.
    The FAA partially agrees. The FAA issued AD 2019-08-13 on May 20, 
2019. The FAA had received flight path data for the UK incident 
aircraft; however, this data did not provide any information about the 
operation of the ATLAS system during the incident. Therefore, it was 
not considered in the development of the FAA AD. No other information 
about the operation of the ATLAS system during this incident has been 
provided to the FAA.
    The FAA received the root cause report mentioned by the commenter 
on April 22, 2019, which deemed further investigation was warranted to 
determine if the actions specified in Cranfield's service bulletin 
mitigated the unsafe condition. Many discussions between the FAA and 
EASA occurred before and after the issuance of AD 2019-08-13. Given 
that the Cranfield service bulletin did not contain adequate 
instructions for the use of ``speed tape'' to prevent the TACS from 
floating, the FAA found it unacceptable for correcting the unsafe 
condition. Instead of delaying action to address the unsafe condition 
to wait for testing of the ``speed tape,'' the FAA issued AD 2019-08-13 
to ground the affected airplanes, knowing that operators could request 
an alternative method of compliance when substantiating data became 
available or when the investigation was complete.
    The FAA did not make changes to this AD based on this comment.

[[Page 74597]]

Request To Update the STC Holder

    Tamarack requested the FAA update the STC holder and contact 
information from Cranfield to Tamarack. The commenter noted that 
Cranfield finalized the transfer of STC SA03842NY to Tamarack after the 
issuance of AD 2019-08-13.
    The FAA agrees and has updated the references as requested.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety requires adopting the AD as 
proposed. Accordingly, the FAA is issuing this AD to address the unsafe 
condition on these products.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed the following service documents required for 
compliance with this AD:
     Cranfield Aerospace Solutions Limited Service Bulletin 
CAS/SB1480, Issue A, dated July 2019, which contains instructions to 
ensure installation of a modified TCU and the TACS centering strips; 
and
     Tamarack Aerospace Group Cessna 525, 525A, & 525B ATLAS 
Winglet Maintenance Manual Supplement, Report Number: TAG-1100-0101, 
Issue G, dated September 3, 2019, which adds instructions to inspect 
the centering strips and adds repetitive inspection intervals to the 
Airworthiness Limitations section of the supplement for the centering 
strips.
    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.

Other Related Service Information

    The FAA also reviewed the following documents related to this AD:
     Cranfield Aerospace Solutions Limited Service Bulletin 
CAS/SB1475, Issue A, dated February 2019, which contains the 
instructions for installing the centering strips to the TACS, 
identified as modification CAeM/Cessna/1475;
     Tamarack Aerospace Group ATLAS Service Bulletin SBATLAS-
57-03, dated July 27, 2018, which contains instructions to remove the 
ATLAS TCU and return it to the ATLAS repair facility for modification;
     Tamarack Aerospace Group ATLAS Service Bulletin SBATLAS-
57-05, dated February 20, 2019, which contains instructions to install 
centering strips on the TACS; and
     Cranfield Aerospace Solutions Limited Service Bulletin 
CAS/SB1467, Issue B, dated July 2018, which contains instructions to 
remove the ATLAS TCU assembly and modify it as specified in CAS/SB1480, 
Issue A.

Costs of Compliance

    The FAA estimates that this AD will affect 76 products of U.S. 
registry. The FAA also estimates that it will take 16 work-hours with a 
parts cost of $4,314 per product to modify the TCU, 24 work-hours with 
a parts cost of $199 per product to install the centering strips, and 1 
work-hour per product to revise the limitations section as required by 
this AD. The average labor rate is $85 per work-hour.
    Based on these figures, the FAA estimates the cost of this AD on 
U.S. operators to be $607,848, or $7,998 per product.
    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some of the costs of this AD 
may be covered under warranty, thereby reducing the cost impact on 
affected operators.

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 this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (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 
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:
0
a. Removing Airworthiness Directive 2019-08-13, Amendment 39-19634 (84 
FR 24007, May 24, 2019); and
0
b. Adding the following new airworthiness directive:

2020-24-06 Textron Aviation, Inc., (Type Certificate Previously Held 
by Cessna Aircraft Company): Amendment 39-21336; Docket No. FAA-
2020-0493; Project Identifier 2019-CE-046-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective December 28, 
2020.

(b) Affected ADs

    This AD replaces AD 2019-08-13, Amendment 39-19634 (84 FR 24007, 
May 24, 2019) (AD 2019-08-13).

(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 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. The FAA is issuing this AD to prevent 
malfunction of the ATLAS

[[Page 74598]]

and to ensure the Tamarack Active Camber Surface (TACS) remains in a 
faired position in the case of inadvertent power loss to the ATLAS, 
which could lead to loss of control of the airplane.

 (f) Compliance

    Unless already done, do the following actions in paragraphs (g) 
and (h) of this AD.

(g) Modifications

    Before further flight after the effective date of this AD, do 
the following corrective actions:
    (1) Determine whether the serial number of the TACS control unit 
(TCU) assembly is listed in table 7.8. of Cranfield Aerospace 
Solutions Limited (Cranfield) Service Bulletin CAS/SB1480, Issue A, 
dated July 2019 (Cranfield CAS/SB1480, Issue A). If the serial 
number of the TCU assembly is not listed in table 7.8., replace the 
TCU assembly with a TCU assembly that has a part number listed in 
section 5 and a serial number listed in table 7.8 of Cranfield CAS/
SB1480, Issue A.
    (2) Determine whether centering strips have been installed on 
the trailing edge of the TACS by following step 7.4. of Cranfield 
CAS/SB1480, Issue A. If the trailing edge of the TCAS does not have 
centering strips, install Cranfield modification CAeM/Cessna/1475.

(h) Revision to the Maintenance Manual Supplement

    (1) Before further flight after the effective date of this AD, 
revise the Airworthiness Limitations section (ALS) and Instructions 
for Continued Airworthiness for your airplane by adding the updates 
in Tamarack Aerospace Group Cessna 525, 525A & 525B ATLAS Winglet 
Maintenance Manual Supplement, Report Number: TAG-1100-0101, Issue 
G, dated September 3, 2019.
    (2) Thereafter, except as provided in paragraph (i) of this AD, 
no alternative inspection intervals may be approved for the 
centering strips. Inserting a later issue of the ALS with language 
identical to that contained in Issue G for the centering strips is 
acceptable for compliance with the requirements of this paragraph.
    (3) The airplane flight manual revision and placard required by 
AD 2019-08-13, if installed, may be removed after completing the 
modifications required by paragraph (g) of this AD.

(i) 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) 287-
7321; 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.

 (j) Related Information

    Refer to European Union Aviation Safety Agency (EASA) AD No. 
2019-0086R1, dated August 9, 2019, for related information. You may 
examine the MCAI on the internet at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2020-0493.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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) Cranfield Aerospace Solutions Limited Service Bulletin CAS/
SB1480, Issue A, dated July 2019.
    (ii) Tamarack Aerospace Group Cessna 525, 525A, & 525B ATLAS 
Winglet Maintenance Manual Supplement, Report Number: TAG-1100-0101, 
Issue G, dated September 3, 2019.
    (3) For Cranfield Aerospace Solutions Limited and Tamarack 
Aerospace Group service information identified in this AD, contact 
Tamarack Aerospace Group, Inc. 2021 Industrial Drive, Sandpoint, 
Idaho 83864; telephone: (208) 255-4400; email: 
[email protected]; internet: https://tamarackaero.com.
    (4) 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.
    (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: [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on November 13, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-25689 Filed 11-20-20; 8:45 am]
BILLING CODE 4910-13-P

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