DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0419; Product Identifier 2019-CE-029-AD; Amendment
39-21118; AD 2020-09-04]
RIN 2120-AA64

Airworthiness Directives; AERMACCHI S.p.A. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
AERMACCHI S.p.A. Models F.260, F.260B, F.260C, F.260D, F.260E, and
F.260F airplanes. 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 cracks on
the body of the flap actuators. The FAA is issuing this AD to require
actions to address the unsafe condition on these products.

DATES: This AD is effective May 7, 2020.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 7, 2020.
The FAA must receive comments on this AD by June 22, 2020.

ADDRESSES: You may send comments 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.
For service information identified in this AD, contact Leonardo
Aircraft, Piazza Monte Grappa n. 4, 00195 Rome, Italy; telephone: +39
06.324731; fax: +39.06.3208621; email: in-service.configuration.ALA@
leonardocompany.com or technicalassistance/ala@leonardocompany.com;
internet: www.leonardocompany.com. You may
view this referenced 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 locating Docket No. FAA-
2020-0419.

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-2020-
0419; 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 is listed above.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aerospace Engineer, FAA,
Small Airplane Standards Branch, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329-4144; fax: (816) 329-4090; email:
mike.kiesov@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 AD
No. 2019-0119-E, dated May 29, 2019 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:

During maintenance, cracks were found on the body of several
flap actuators installed on F260 aeroplanes and held as spares.
Investigation is ongoing to determine the root cause of the
cracking.
This condition, if not detected and corrected, could lead to
failure of the flap actuator, possibly resulting in reduced control
of the aeroplane.
To address this potential unsafe condition, Leonardo, S.p.A.
issued the [alert service bulletin] ASB to provide inspection
instructions.
For the reason described above, this [EASA] AD requires
inspections of the affect parts, and, depending on findings,
replacement of an affected part with a serviceable part.
This [EASA] AD is considered an interim measure and further AD
action may follow.

The EASA AD refers to Leonardo Aircraft, formerly Aermacchi S.p.A.,
as the design approval holder (DAH). The FAA type certificate holder of
record for these models is AERMACCHI S.p.A. Therefore, this AD
specifies AERMACCHI S.p.A. as the type certificate holder. You may
examine the MCAI on the internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2020-0419.

Related Service Information Under 1 CFR Part 51

The FAA reviewed Leonardo Aircraft Alert Service Bulletin No.
260SB-166, dated May 27, 2019. The service information contains
procedures for inspecting the flap actuators, part numbers SF260-12-
215-01, SF260-12-215-101, and SF260-12-215-09, for cracks and damage
and taking necessary corrective action. 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.

FAA's Determination and Requirements of This 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 the FAA of the unsafe condition described in the MCAI and
service information referenced above. The FAA is issuing this AD
because it 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.

Interim Action

The FAA considers this AD interim action. The MCAI requires an
initial fluorescent dye penetrant inspection within a short compliance
time and repetitive visual inspections thereafter every 100 hours time-
in-service (TIS). This AD requires the initial fluorescent dye
penetrant inspection. The FAA plans to issue a superseding Notice of
proposed rulemaking for the longer-term repetitive visual inspections
to provide the public an opportunity to comment. In addition, the
inspection reports required by this AD will provide Leonardo Aircraft
and the FAA better insight into the nature, cause, and extent of the
cracking. If final action is identified to address the unsafe
condition, the FAA may consider further rulemaking for this reason as
well.

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
cracks in the flap actuator could cause the flap actuator to fail and
result in reduced control of the airplane. Therefore, the FAA finds
good cause that notice and opportunity for prior public comment are
impracticable. In addition, for the reason 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 precede it by notice and opportunity for
public comment. The FAA invites 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-2020-0419;
Product Identifier 2019-CE-029-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this AD. The FAA will
consider all comments received by the closing date and may amend this
AD because of those comments.
The FAA will post all comments received, 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 received about this AD.

Costs of Compliance

The FAA estimates that this AD will affect 54 products of U.S.
registry. The FAA also estimates that it will take about 4 work-hours
per product to comply with the fluorescent dye penetrant inspection
requirement and 1 work-hour per product to comply with the reporting
requirement of this AD. The average labor rate is $85 per work-hour.
Based on these figures, the FAA estimates the cost of the initial
inspection and reporting requirement required in this AD on U.S.
operators to be $22,950, or $425 per product.
In addition, the FAA estimates that any necessary follow-on actions
will take about 8 work-hours and require parts costing $5,000, for a
cost of $5,680 per product. The FAA has no way of determining the
number of products that may need these actions.

Paperwork Reduction Act

A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a currently valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. Public
reporting for this collection of information is estimated to be
approximately 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, completing and reviewing the collection of
information. All responses to this collection of information are
mandatory. Send comments regarding this burden estimate or any other
aspect of this collection of information, including suggestions for
reducing this burden to: Information Collection Clearance Officer,
Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX
76177-1524.

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 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

The FAA has 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, 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 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):