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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-1108; Project Identifier AD-2020-01397-T;
Amendment 39-21360; AD 2020-26-05]
RIN 2120-AA64
Airworthiness Directives; Textron Aviation Inc. (Type Certificate
Previously Held by Cessna Aircraft Company) 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
certain Textron Aviation Inc. (type certificate previously held by
Cessna Aircraft Company) Model 560XL airplanes. This AD was prompted by
an incident where a Model 560XL airplane experienced an uncommanded
engine acceleration with the left engine throttle unresponsive to power
commands, including engine shut-off. This AD requires an inspection of
the rivet of the left and right throttle quadrant assembly (TQA) sensor
link and sensor drive arm pivot for correct installation and corrective
actions if necessary. The FAA is issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective December 17, 2020.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 17,
2020.
The FAA must receive comments on this AD by February 1, 2021.
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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this final rule, contact
Textron Aviation Inc., P.O. Box 7706, Wichita, KS 67277; phone: (316)
517-5800; website: https://txtav.com. You may review 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 https://www.regulations.gov by searching for
and locating Docket No. FAA-2020-1108.
Examining the AD Docket
You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2020-1108; 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, any
comments received, and other information. The street address for the
Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Jeffrey Englert, Aviation Safety
Engineer, Wichita ACO Branch, FAA, 1801 Airport Road, Room 100, Dwight
D. Eisenhower National Airport, Wichita, KS 67209; phone: (316) 946-
4167; fax: (316) 946-4107; email: jeffrey.englert@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
The FAA has received a report of an incident where a Model 560XL
airplane experienced an uncommanded engine acceleration on the ground
following successful engine starts. The left engine throttle was
unresponsive to power commands, including engine shut-off. An
inspection identified that the left engine's sensor link and sensor
drive arm (in the TQA) had separated. A sub-supplier of the TQA
components failed to properly squeeze the rivet in a throttle quadrant
link assembly. The rivet serves as the pivot between the TQA sensor
link and sensor drive arm. The FAA determined that the failure of the
TQA caused an asymmetrical uncommanded high-thrust that cannot be
corrected by the flight crew in certain phases of flight.
This condition, if not addressed, could result in loss of thrust
control, which could cause loss of control of the airplane. The FAA is
issuing this AD to address the unsafe condition on these products.
FAA's Determination
The FAA is issuing this AD because the agency has determined the
unsafe condition described previously is likely to exist or develop in
other products of the same type design.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Textron Aviation Inc. Mandatory Service Letter
SL560XL-76-04, Revision 1, dated November 24, 2020. This service
information specifies procedures for inspecting the rivet of the left
and right TQA sensor link and sensor drive arm pivot for correct
installation and, if necessary, replacing the rivet, reworking the
diameter of the rivet, and inspecting the rivet butt for cracking. 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 ADDRESSES.
AD Requirements
This AD requires accomplishing the actions specified in the service
information described previously, except as discussed under
``Differences Between this AD and the Service Information.''
Differences Between This AD and the Service Information
The service information specifies compliance at the next ``time
limited dispatch check,'' not to exceed 170 airplane hours or 6 months,
whichever occurs first. However, this AD specifies a compliance time of
50 hours time-in-service.
Interim Action
The FAA considers this AD interim action. If final action is later
identified, the FAA might consider further rulemaking then.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
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 foregoing notice and comment prior to adoption of this rule
because the potential for additional events to occur, based on average
operational time, is an unacceptable risk. As a result, the required
corrective actions must be accomplished within 50 hours time-in-
service, a shorter time than necessary for the public to comment and
for publication of the final rule. Accordingly, notice and opportunity
for prior public comment are impracticable and contrary to the public
interest pursuant to 5 U.S.C. 553(b)(3)(B).
In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forego notice and
comment.
Comments Invited
The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include the docket number FAA-2020-1108 and Project
Identifier AD-2020-01397-T at the beginning of your comments. The most
helpful comments reference a specific portion of the final rule,
explain the reason for any recommended change, and include supporting
data. The FAA will consider all comments received by the closing date
and may amend this final rule because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this final rule.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Jeffrey
Englert, Aviation Safety Engineer, Wichita ACO Branch, FAA, 1801
Airport Road, Room 100, Dwight D. Eisenhower National Airport, Wichita,
KS 67209; phone: (316) 946-4167; fax: (316) 946-4107; email:
jeffrey.englert@faa.gov. Any commentary that the FAA receives which is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.
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 prior notice and
comment, RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 176 airplanes of U.S.
registry.
The FAA estimates the following costs to comply with this AD:
Estimated Costs
|
Action
|
Labor cost
|
Parts cost
|
Cost per
product
|
Cost on
U.S. operators
|
| Inspection of the rivet |
1 work-hour x $85 per hour =
$85 |
$0
|
$85
|
$14,960
|
The FAA estimates the following costs
to do any necessary
inspection, correction, or replacement that would be required based on
the results of the inspection. The FAA has no way of determining the
number of aircraft that might need these actions:
On-Condition Costs
|
Actions
|
Labor cost
|
Parts cost
|
Cost per
product
|
| Inspection of the rivet butt,
modification, and replacement |
Up to 3.5 work-hour x $85 per
hour = $297.50
|
N/A |
Up to $297.50 |
The FAA has included all known costs
in its cost estimate.
According to the manufacturer, some or all 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 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.
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:
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