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.

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

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: steven.dzierzynski@faa.gov.

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.

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

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]

2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):