AD 2020-24-06

[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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.

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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: <a href="/cdn-cgi/l/email-protection#8bf8fefbfbe4f9ffcbffeae6eaf9eae8e0eaeef9e4a5e8e4e6"><span class="__cf_email__" data-cfemail="30434540405f42447044515d514251535b5155425f1e535f5d">[email&#160;protected]</span></a>; 
internet: <a href="https://tamarackaero.com">https://tamarackaero.com</a>. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for 
and locating Docket No. FAA-2020-0493.

Examining the AD Docket

    You may examine the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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: <a href="/cdn-cgi/l/email-protection#0b787f6e7d6e65256f71626e797172657860624b6d6a6a256c647d"><span class="__cf_email__" data-cfemail="0271766774676c2c66786b6770787b6c71696b426463632c656d74">[email&#160;protected]</span></a>.

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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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:
    <bullet> 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
    <bullet> 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:
    <bullet> 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;
    <bullet> 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;
    <bullet> Tamarack Aerospace Group ATLAS Service Bulletin SBATLAS-
57-05, dated February 20, 2019, which contains instructions to install 
centering strips on the TACS; and
    <bullet> 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: <a href="/cdn-cgi/l/email-protection#6b52460a1d184605120a0804460804182b0d0a0a450c041d"><span class="__cf_email__" data-cfemail="1c25317d6a6f3172657d7f73317f736f5c7a7d7d327b736a">[email&#160;protected]</span></a>. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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: 
<a href="/cdn-cgi/l/email-protection#b7c4c2c7c7d8c5c3f7c3d6dad6c5d6d4dcd6d2c5d899d4d8da"><span class="__cf_email__" data-cfemail="24575154544b565064504549455645474f4541564b0a474b49">[email&#160;protected]</span></a>; internet: <a href="https://tamarackaero.com">https://tamarackaero.com</a>.
    (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: <a href="/cdn-cgi/l/email-protection#87e1e2e3f5e2e0a9ebe2e0e6ebc7e9e6f5e6a9e0e8f1"><span class="__cf_email__" data-cfemail="87e1e2e3f5e2e0a9ebe2e0e6ebc7e9e6f5e6a9e0e8f1">[email&#160;protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    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