[Federal Register Volume 85, Number 243 (Thursday, December 17, 2020)]
[Rules and Regulations]
[Pages 81792-81795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27741]


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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:
    <bullet> Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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.

[[Page 81793]]


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: <a href="/cdn-cgi/l/email-protection#432926252531263a6d262d242f263137032522226d242c35"><span class="__cf_email__" data-cfemail="1b717e7d7d697e62357e757c777e696f5b7d7a7a357c746d">[email protected]</span></a>.

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: 
<a href="/cdn-cgi/l/email-protection#8de7e8ebebffe8f4a3e8e3eae1e8fff9cdebececa3eae2fb"><span class="__cf_email__" data-cfemail="c5afa0a3a3b7a0bceba0aba2a9a0b7b185a3a4a4eba2aab3">[email protected]</span></a>. 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.

[[Page 81794]]

The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection of the rivet...............  1 work-hour x $85 per                 $0             $85         $14,960
                                         hour = $85.
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    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
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Actions                                Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Inspection of the rivet butt, modification,     Up to 3.5 work-hour x $85 per                N/A  Up to $297.50.
 and replacement.                                hour = $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

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:

2020-26-05 Textron Aviation Inc. (Type Certificate Previously Held 
by Cessna Aircraft Company) Airplanes: Amendment 39-21360; Docket 
No. FAA-2020-1108; Project Identifier AD-2020-01397-T.

(a) Effective Date

    This airworthiness directive (AD) is effective December 17, 
2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Textron Aviation Inc. (Type Certificate 
previously held by Cessna Aircraft Company) Model 560XL airplanes, 
certificated in any category, serial numbers 560-6001 through 560-
6290 inclusive.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7603, POWER LEVER.

(e) Unsafe Condition

    This AD was prompted by a report that a Model 560XL airplane 
experienced an uncommanded engine acceleration with the left engine 
throttle unresponsive to power commands, including engine shut-off. 
The FAA is issuing this AD to address loss of thrust control. The 
unsafe condition, if not addressed, could result in loss of control 
of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Inspections, Correction, and Replacement

    Within 50 hours time-in-service after the effective date of this 
AD, inspect the rivet in the left and right throttle quadrant 
assembly sensor link and sensor drive arm pivot for correct 
installation, and do all applicable corrective actions before 
further flight, in accordance with steps 2 through 5 of the 
Accomplishment Instructions in Textron Aviation Mandatory Service 
Letter SL560XL-76-04, Revision 1, dated November 24, 2020.

(h) Credit for Previous Actions

    This paragraph provides credit for the actions specified in 
paragraph (g) of this AD, if those actions were performed before the 
effective date of this AD using Textron Aviation Mandatory Service 
Letter SL560XL-76-04, dated November 12, 2020.

 (i) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR 
21.197 and 21.199 to operate the airplane to a location where the 
airplane can be modified, provided there are no passengers onboard 
the airplane.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Wichita ACO Branch, FAA, has the authority to 
approve AMOCs

[[Page 81795]]

for this AD, if requested using the procedures found in 14 CFR 
39.19. In accordance with 14 CFR 39.19, send your request to your 
principal inspector or local Flight Standards District Office, as 
appropriate. If sending information directly to the manager of the 
certification office, send it to the attention of the person 
identified in Related Information.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(k) Related Information

    For more information about this AD, 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: 
<a href="/cdn-cgi/l/email-protection#224847444450475b0c474c454e475056624443430c454d54"><span class="__cf_email__" data-cfemail="b5dfd0d3d3c7d0cc9bd0dbd2d9d0c7c1f5d3d4d49bd2dac3">[email protected]</span></a>.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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 the AD specifies otherwise.
    (i) Textron Aviation Inc. Mandatory Service Letter SL560XL-76-
04, Revision 1, dated November 24, 2020.
    (ii) [Reserved]
    (3) For Textron Aviation Inc. service information identified in 
this AD, contact Textron Aviation Inc., P.O. Box 7706, Wichita, KS 
67277; phone: (316) 517-5800; website: https://txtav.com.
    (4) You may review 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.
    (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, email: <a href="/cdn-cgi/l/email-protection#e1878485938486cf8d8486808da18f809380cf868e97"><span class="__cf_email__" data-cfemail="c8aeadacbaadafe6a4adafa9a488a6a9baa9e6afa7be">[email protected]</span></a>, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on December 8, 2020.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-27741 Filed 12-16-20; 8:45 am]
BILLING CODE 4910-13-P


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