[Federal Register Volume 85, Number 89 (Thursday, May 7, 2020)]
[Rules and Regulations]
[Pages 27109-27112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09730]


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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/adccc1ccedc1c8c2c3ccdfc9c2cec2c0ddccc3d483cec2c0; 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:

[[Page 27110]]

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

[[Page 27111]]

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

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 adding the following new airworthiness 
directive (AD):

2020-09-04 Aermacchi S.p.A.: Amendment 39-21118; Docket No. FAA-
2020-0419; Product Identifier 2019-CE-029-AD.

(a) Effective Date

    This AD becomes effective May 7, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to AERMACCHI S.p.A. Models F.260, F.260B, 
F.260C, F.260D, F.260E, and F.260F airplanes, all serial numbers, 
certificated in any category.

(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 cracks on the 
body of the flap actuators. The FAA is issuing this AD to detect and 
correct cracks in the flap actuator, which could cause the flap 
actuator to fail. Failure of the flap actuator could result in 
reduced control of the airplane.

(f) Definition

    For purposes of this AD, a serviceable part is a flap actuator 
part number (P/N) SF260-12-215-01, SF260-12-215-101, or SF260-12-
215-09 that has:
    (1) Accumulated less than 1,000 hours total time-in-service 
(TIS); or
    (2) Passed the fluorescent dye penetrant inspection required by 
paragraph (g)(1) of this AD.

(g) Actions and Compliance

    Unless already done, do the following actions in paragraphs 
(g)(1) through (3) of this AD:
    (1) Within the compliance time listed in paragraph (g)(1)(i) or 
(ii), whichever occurs later, do a fluorescent dye penetrant 
inspection of the flap actuator, P/N SF260-12-215-01, P/N SF260-12-
215-101, or P/N SF260-12-215-09, for cracks and damage by following 
Annex A of Leonardo Aircraft Alert Service Bulletin No. 260SB-166, 
dated May 27, 2019 (Leonardo ASB 260SB-166). If there is a crack or 
any damage, before further flight, remove the flap actuator from 
service and replace it with a serviceable part.
    (i) Before the flap actuator accumulates 1,000 hours total TIS; 
or
    (ii) Within 10 hours TIS after May 7, 2020 (the effective date 
of this AD) or with 30 days after May 7, 2020 (the effective date of 
this AD), whichever occurs first.
    (2) Within 10 days after completing the inspection required by 
paragraph (g)(1) of this AD, report the results of the inspection to 
Leonardo Aircraft at the address listed in paragraph (k)(3) of this 
AD. Include the following information in the report: Flap actuator 
P/N, flap actuator serial number, hours TIS, batch number marks (if 
present) stamped on the body, the airplane serial number or 
registration (``N'') number, and a description of any cracks or 
damage found.
    (3) As of May 7, 2020 (the effective date of this AD), do not 
install any flap actuator P/N SF260-12-215-01, SF260-12-215-101, or 
SF260-12-215-09 unless it is a serviceable part.

(h) Alternative Methods of Compliance (AMOCs)

    The Manager, Small Airplane Standards 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: 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. 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.

(i) Paperwork Reduction Act Burden Statement

    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 as required by this AD; the nature and 
extent of confidentiality to be provided, if any. 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.

(j) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) AD No. 
2019-0199-E, dated May 29, 2019, for related information. You may 
examine the MCAI on the internet at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2020-0419.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) 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 this AD specifies otherwise.
    (i) Leonardo Aircraft Alert Service Bulletin No. 260SB-166, 
dated May 27, 2019.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact 
Leonardo Aircraft, Piazza Monte Grappa n. 4, 00195 Rome, Italy;

[[Page 27112]]

telephone: +39 06.324731; fax: +39.06.3208621; email: in-service.configuration.ALA@leonardocompany.com or 
exception occurred on : 2020-09730.htm
exception occurred on : 2020-09730.htm
technicalassistance/[email protected]; internet: 
www.leonardocompany.com.
    (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. It is 
also available on the internet at http://www.regulations.gov by 
searching for locating Docket No. FAA-2020-0419.
    (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, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on May 1, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-09730 Filed 5-6-20; 8:45 am]
 BILLING CODE 4910-13-P


