AD 2019-23-10

[Federal Register Volume 84, Number 227 (Monday, November 25, 2019)]
[Rules and Regulations]
[Pages 64731-64733]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2019-25568]



[[Page 64731]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0959; Product Identifier 2019-CE-051-AD; Amendment 
39-19804; AD 2019-23-10]
RIN 2120-AA64


Airworthiness Directives; Textron Aviation Inc. (Type Certificate 
Previously Held by Beechcraft Corporation) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2019-21-08 
for Textron Aviation Inc. (Textron) Models E33, E33A, E33C, F33, G33, 
35-C33, 35-C33A, K35, M35, N35, P35, S35, V35, V35A, 36, and certain 
Models F33A, F33C, V35B, and A36 airplanes. AD 2019-21-08 required 
inspecting the right aileron flight control cable end fittings 
(terminal attachment fittings) and replacing any damaged cable 
assembly. This AD retains all of the actions of AD 2019-21-08 but 
removes Models K35, M35, N35, and P35 from the applicability. This AD 
was prompted by a comment the FAA received that AD 2019-21-08 should 
not apply to Models K35, M35, N35, and P35 airplanes. The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective November 22, 2019.
    The FAA must receive any comments on this AD by January 9, 2020.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2019-
0959; 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 regulatory evaluation, any comments received, and 
other information. The street address for Docket Operations is listed 
above. Comments will be available in the AD docket shortly after 
receipt.

FOR FURTHER INFORMATION CONTACT: Alan Levanduski, Aerospace Engineer, 
Wichita ACO Branch, FAA, 1801 Airport Road, Room 100, Wichita, Kansas 
67209; phone: (316) 946-4161; fax: (316) 946-4107; email: 
<a href="/cdn-cgi/l/email-protection#cdaca1aca3e3a1a8bbaca3a9b8bea6a48dabacace3aaa2bb"><span class="__cf_email__" data-cfemail="98f9f4f9f6b6f4fdeef9f6fcedebf3f1d8fef9f9b6fff7ee">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Discussion

    The FAA issued AD 2019-21-08, Amendment 39-19774 (84 FR 59926, 
November 7, 2019), (``AD 2019-21-08''), for Textron Aviation Inc. 
(Textron) Models E33, E33A, E33C, F33, G33, 35-C33, 35-C33A, K35, M35, 
N35, P35, S35, V35, V35A, 36, and certain Models F33A, F33C, V35B, and 
A36 airplanes. AD 2019-21-08 required inspecting the right aileron 
flight control cable end fittings (terminal attachment fittings) and 
replacing any damaged cable assembly. AD 2019-21-08 resulted from 
reports of cracked and fractured right aileron flight control cable end 
fittings. The FAA issued AD 2019-21-08 to prevent failure of the right 
aileron flight control cable assembly, un-commanded right roll of the 
airplane, and loss of roll control in the left direction, which may 
lead to loss of control of the airplane.

Actions Since AD 2019-21-08 Was Issued

    Since the FAA issued AD 2019-21-08, the FAA received a comment that 
AD 2019-21-08 should not apply to Models K35, M35, N35, and P35 
airplanes. Textron verified those airplane models have a different 
configuration with the heating duct in a different location. The FAA 
has determined to supersede AD 2019-21-08 with this AD that retains all 
of the required actions from AD 2019-21-08 but removes airplane Models 
K35, M35, N35, and P35 from the applicability.

FAA's Determination

    The FAA is issuing this AD because it evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design.

AD Requirements

    This AD requires inspecting the right aileron flight control cable 
end fittings that thread into the turnbuckle for corrosion, pitting, 
and cracks and replacing any damaged cable assembly.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies waiving notice and comment prior to adoption of this rule 
because the quantity of recent reports of failure of the right aileron 
flight control cable end fittings necessitates that the corrective 
actions be accomplished within 30 days. Therefore, the FAA finds good 
cause that notice and opportunity for prior public comment are 
impracticable. In addition, for the reasons stated above, the FAA finds 
that good cause exists for making this amendment effective in less than 
30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and the FAA did not provide you with notice and an opportunity 
to provide your comments before it becomes effective. However, the FAA 
invites you to send any written data, views, or arguments about this 
final rule. Send your comments to an address listed under the ADDRESSES 
section. Include the Docket Number FAA-2019-0959 and Product Identifier 
2019-CE-051-AD at the beginning of your comments. The FAA specifically 
invites comments on the overall regulatory, economic, environmental, 
and energy aspects of this final rule. The FAA will consider all 
comments received by the closing date and may amend this final rule 
because of those comments.
    The FAA will post all comments it receives, without change, to 
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information you 
provide. The FAA will also post a report summarizing each substantive 
verbal contact it receives about this final rule.

Costs of Compliance

    The FAA estimates that this AD affects 3,161 airplanes of U.S. 
registry.
    The FAA estimates the following costs to comply with this AD:

[[Page 64732]]



                                                 Estimated Costs
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                                                                                     Cost per      Cost on U.S.
             Action                   Labor cost              Parts cost              product        operators
----------------------------------------------------------------------------------------------------------------
Inspection of the right aileron   5 work-hours x $85  Not applicable............            $425      $1,343,425
 cable end fittings.               per hour = $425.
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    The FAA estimates the following costs to do any necessary 
replacement that would be required based on the results of the 
inspection. The FAA has no way of determining the number of airplanes 
that might need this replacement:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement of a forward aileron cable          6 work-hours x $85 per hour =             $1,123          $1,633
 assembly.                                       $510.
Replacement of an aft aileron cable assembly..  4 work-hours x $85 per hour =                785           1,125
                                                 $340.
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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.
    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 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 notice and comment, 
RFA analysis is not required.

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.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends part 39 of the Federal Aviation 
Regulations (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 removing Airworthiness Directive (AD) 
2019-21-08, Amendment 39-19774 (84 FR 59926, November 7, 2019) and 
adding the following new AD:

2019-23-10 Textron Aviation Inc. (Type Certificate Previously Held 
by Beechcraft Corporation) Airplanes: Amendment 39-19804; Docket No. 
FAA-2019-0959; Product Identifier 2019-CE-051-AD.

(a) Effective Date

    This AD is effective November 22, 2019.

(b) Affected ADs

    This AD replaces AD 2019-21-08, Amendment 39-19774 (84 FR 59926, 
November 7, 2019) (``AD 2019-21-08'').

(c) Applicability

    This AD applies to the following Textron Aviation Inc. (Type 
Certificate previously held by Beechcraft Corporation) airplanes, 
certificated in any category:
    (1) Models E33, E33A, E33C, F33, G33, 35-C33, 35-C33A, S35, V35, 
V35A, and 36, all serial numbers (S/Ns);
    (2) Model F33A, S/Ns CE-290 through CE-680;
    (3) Model F33C, S/Ns CJ-26 through CJ-128;
    (4) Model V35B, S/Ns D-9069 through D-9961; and
    (5) Model A36, S/Ns E-185 through E-925.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 2710, Aileron Control System.

(e) Unsafe Condition

    This AD was prompted by reports of cracked and fractured right 
aileron flight control cable end fittings (terminal attachment 
fittings). The FAA is issuing this AD to detect and address damaged 
right aileron flight control cable end fittings. The unsafe 
condition, if not addressed, could result in failure of the right 
aileron flight control cable assembly, un-commanded right roll of 
the airplane, and loss of roll control in the left direction, which 
may lead to loss of control of the airplane.

(f) Compliance

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

[[Page 64733]]

(g) Inspection

    Within 30 days after November 22, 2019 (the effective date 
retained from AD 2019-21-08) inspect the forward and aft right 
aileron flight control cable end fittings that thread into the 
turnbuckle. To gain access to the end fittings, you must remove the 
front seats and floorboards and, if installed, the rear seats and 
under-seat closeout. The end fittings are located underneath the 
heating duct, just forward of the aft carry through spar.
    Note to paragraph (g) of this AD: Adjusting the turnbuckle 
relative to the end fittings will affect cable tension.
    (1) Remove any safety wire from the end fittings and turnbuckle, 
if installed. Remove any sleeving and tape on the shank of the cable 
end fittings without gouging or scratching the fitting surface.
    (2) Using a 10X magnification, a mirror, and a light source, 
inspect all exposed surfaces of both control cable end fittings for 
cracks, pitting, and corrosion.

(h) Follow-On Actions

    Before further flight after the inspection required by paragraph 
(g) of this AD, do one of the following actions, as applicable:
    (1) If there are no cracks, no pitting, and no corrosion, check 
cable tension and make any necessary adjustments, and replace safety 
wire; or
    (2) If there is a crack or any pitting or corrosion, replace any 
damaged cable assembly.

(i) Credit for Previous Actions

    (1) If you performed the actions required by paragraphs (g) and 
(h) of this AD before November 22, 2019 (the effective date retained 
from 2019-21-08) using one of the following documents, you met the 
requirements of this AD:
    (i) American Bonanza Society (ABS) Air Safety Foundation 
Beechcraft Control Cable Turn Buckle Inspection Recommendation, 
dated February 8, 2019;
    (ii) ABS Air Safety Foundation Recommended Beechcraft Control 
Cable Turnbuckle Inspection, Update 1, dated February 20, 2019; or
    (iii) ABS Air Safety Foundation Recommended Beechcraft Control 
Cable Turnbuckle Inspection, Update 2, dated August 8, 2019.
    (2) The ABS Air Safety Foundations recommended inspection 
documents are available on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-
2019-0853. You may also obtain copies of these documents by 
contacting the ABS at American Bonanza Society, 3595 N. Webb Road, 
Suite 200, Wichita, KS 67226; email: <a href="/cdn-cgi/l/email-protection#b0d9ded6dff0d2dfded1decad19edfc2d7"><span class="__cf_email__" data-cfemail="660f0800092604090807081c0748091401">[email&#160;protected]</span></a>; telephone: 
(316) 945-1700; fax: (316) 945-1710; or internet: <a href="https://www.bonanza.org/">https://www.bonanza.org/</a>.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Wichita ACO 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 certification office, send it to the attention of the 
person identified in paragraph (k) of this AD.
    (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

    For more information about this AD, contact Alan Levanduski, 
Aerospace Engineer, Wichita ACO Branch, FAA, 1801 Airport Road, Room 
100, Wichita, Kansas 67209; phone: (316) 946-4161; fax: (316) 946-
4107; email: <a href="/cdn-cgi/l/email-protection#7d1c111c135311180b1c1319080e16143d1b1c1c531a120b"><span class="__cf_email__" data-cfemail="f59499949bdb999083949b9180869e9cb5939494db929a83">[email&#160;protected]</span></a>.

    Issued on November 20, 2019.
William Schinstock,
Aircraft Certification Service. Acting Manager, Small Airplane 
Standards Branch, AIR-690.
[FR Doc. 2019-25568 Filed 11-20-19; 4:15 pm]
 BILLING CODE 4910-13-P