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.

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 [INSERT DATE 45 DAYS
AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER].

ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43
and 11.45, by any of the following methods:
• Federal eRulemaking Portal: Go to https://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 https://www.regulations.gov
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: alan.levanduski@faa.gov.

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, uncommanded 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
https://www.regulations.gov, 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:

Estimated costs

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

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

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 removing Airworthiness Directive (AD)
2019-21-08, Amendment 39-19774 (84 FR 59926, November 7, 2019) and adding the
following new AD: