[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Rules and Regulations]
[Pages 29468-29472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14632]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 95-CE-14-AD; Amendment 39-9666; AD 96-12-23]
RIN 2120-AA64


Airworthiness Directives; Cessna Aircraft Company 150 and A150 
Series and Models 152 and A152 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to Cessna Aircraft Company (Cessna) 150 and A150 series and 
Models 152 and A152 airplanes that have a Bush Conversions, Inc., Short 
Takeoff and Landing (STOL) kit incorporated in accordance with 
Supplemental Type Certificate (STC) SA1371SW. This action requires 
measuring the wing stall fence for maximum height, and installing a 
smaller fence if the fence exceeds the maximum height of 1.28 inches. 
An accident of a Cessna Model 152 airplane where the STOL kit adversely 
affected the airplane's stall characteristics prompted this action. The 
actions

[[Page 29469]]

specified by this AD are intended to prevent the airplane from entering 
a stall condition because of improper wing stall fence height, which 
could result in loss of control of the airplane.

EFFECTIVE DATE: July 31, 1996.

ADDRESSES: Figure 1 of the proposed AD may be obtained from the Wichita 
Aircraft Certification Office, FAA, 1801 Airport Road, Mid-Continent 
Airport, Wichita, Kansas 67209; and may be examined at the Federal 
Aviation Administration (FAA), Central Region, Office of the Assistant 
Chief Counsel, Attention: Rules Docket 95-CE-14-AD, Room 1558, 601 E. 
12th Street, Kansas City, Missouri 64106.

FOR FURTHER INFORMATION CONTACT: Mr. Larry Engler, Aerospace Engineer, 
Wichita Aircraft Certification Office, FAA, 1801 Airport Road, Mid-
Continent Airport, Wichita, Kansas 67209; telephone (316) 946-4122; 
facsimile (316) 946-4407.

SUPPLEMENTARY INFORMATION:

Events Leading to the AD

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to include an AD that would apply to Cessna 150 and A150 
series and Models 152 and A152 airplanes that have a Bush Conversions, 
Inc., Short Takeoff and Landing (STOL) kit incorporated in accordance 
with Supplemental Type Certificate (STC) SA1371SW was published in the 
Federal Register on July 12, 1995 (60 FR 35873). The action proposed to 
require measuring the wing stall fence for maximum height, and 
installing a smaller fence if the fence exceeds the maximum height of 
1.28 inches. Figure 1 of the proposal includes information for 
inspecting the stall fence height. An accident of a Cessna Model 152 
airplane where the STOL kit adversely affected the airplane's stall 
characteristics prompted the proposal.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Comment Resolution

    Cessna states that the AD should be written against Bush 
Conversions, Inc., instead of the Cessna Aircraft Company. Cessna 
believes this because Bush Conversions, Inc., is the owner of the STC 
that the STOL kit is incorporated in accordance with and Cessna has no 
approval on the components that are affected by the proposal. The FAA 
partially concurs. While Cessna does not hold approval for the STC, the 
STC was approved to only be incorporated on Cessna 150 and A150 series 
and Models 150 and A150 airplanes; therefore, the unsafe condition can 
only exist on these airplanes. Because the unsafe condition referenced 
by the proposal can only exist on those affected Cessna models that 
have the referenced STC incorporated, the AD is written against Cessna 
150 and A150 series and Models 152 and A152 airplanes that have a Bush 
Conversions, Inc. STOL kit incorporated in accordance with STC 
SA1371SW.
    Another commenter opposes the proposal because of no adverse 
personal service experience. This commenter states that he has in 
excess of 1,500 hours time-in-service of flight instruction in a Cessna 
150 with the affected Bush Conversions, Inc. STOL kit incorporated, and 
he has had no adverse service experience during this time. The FAA does 
not concur that the proposal should be withdrawn based on this 
commenter's extensive safe service experience. The FAA does not issue 
AD's based on whether the unsafe condition currently exists on all 
airplanes, but rather on when a condition ``could exist or develop on 
an airplane of the same type design.'' In addition, the FAA found that 
the commenter's airplane has a different Bush STC incorporated than 
that affected by the proposal. No changes have been made to the final 
rule as a result of this comment.
    No comments were received regarding the FAA's determinination of 
the cost impact on the public.

Conclusion

    After careful review of all available information related to the 
subject presented above, the FAA has determined that air safety and the 
public interest require the adoption of the rule as proposed except for 
minor editorial corrections. The FAA has determined that these minor 
corrections will not change the meaning of the AD and will not add any 
additional burden upon the public than was already proposed.

Cost Impact

    The FAA estimates that 25 of the Cessna 150 and A150 series and 
Models 152 and A152 airplanes in the U.S. registry incorporate the 
affected Bush Conversions, Inc. STOL kit, that it will take 
approximately 8 workhours per airplane to inspect the stall fences, and 
that the average labor rate is approximately $60 an hour. Based on 
these figures, the total cost impact of this AD on U.S. operators is 
estimated to be $12,000. This figure is based upon the assumption that 
no affected airplane owner/operator has inspected the STOL fence for 
correct height. The FAA has no way of determining how many owners/
operators of the affected airplanes have accomplished the required 
inspection.

Regulatory Impact

    The regulations adopted herein will not have substantial direct 
effects 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. Therefore, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and (3) will not have a 
significant economic impact, positive or negative, on a substantial 
number of small entities under the criteria of the Regulatory 
Flexibility Act. A copy of the final evaluation prepared for this 
action is contained in the Rules Docket. A copy of it may be obtained 
by contacting the Rules Docket at the location provided under the 
caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration 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.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding a new airworthiness directive 
(AD) to read as follows:

96-12-23  The Cessna Aircraft Company: Amendment 39-9666; Docket No. 
95-CE-14-AD.

    Applicability: The following airplane models (all serial 
numbers), certificated in any category, that have a Bush 
Conversions, Inc., Short Takeoff and Landing (STOL) kit incorporated 
in accordance with Supplemental Type Certificate (STC) SA1371SW: 
150, 150A, 150B, 150C, 150D,

[[Page 29470]]

150E, 150F, 150G, 150H, 150J, 150K, A150K, 150L, A150L, 150M, A150M, 
152, A152.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (d) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.
    Compliance: Required within the next 100 hours time-in-service 
after the effective date of this AD, unless already accomplished.
    To prevent the airplane operator from entering a stall condition 
because of improper wing stall fence height, which, if not detected 
and corrected, could result in loss of control of the airplane, 
accomplish the following:
    (a) Measure the height of the wing stall fence at its trailing 
edge to ensure that the height does not exceed 1.28 inches. (See 
Figure 1 of this AD).
    (b) If the wing stall fence height exceeds 1.28 inches, prior to 
further flight, install a smaller fence in accordance with 
instructions obtained from the Wichita Aircraft Certification Office 
(ACO), FAA, 1801 Airport Road, Mid-Continent Airport, Wichita, 
Kansas 67209.

    Note 2: Mid-America Drawing No. 1001 (part of STC SA1371SW) is 
included as Figure 1 of this AD for reference purposes.

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    (c) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.
    (d) An alternative method of compliance or adjustment of the 
compliance times that provides an equivalent level of safety may be 
approved by the Manager, Wichita ACO, 801 Airport Road, Mid-
Continent Airport, Wichita, Kansas 67209. The request shall be 
forwarded through an appropriate FAA Maintenance Inspector, who may 
add comments and then send it to the Manager, Wichita ACO.
    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Wichita ACO.

    (e) Figure 1 of this AD may be obtained from the Wichita ACO at 
the address specified in paragraph (d) of this AD; and may be 
examined at the FAA, Central Region, Office of the Assistant Chief 
Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106.
    (f) This amendment (39-9666) becomes effective on July 31, 1996.

    Issued in Kansas City, Missouri, on June 3, 1996.

Henry A. Armstrong,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-14632 Filed 6-10-96; 8:45 am]
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