[Federal Register Volume 62, Number 141 (Wednesday, July 23, 1997)]
[Proposed Rules]
[Pages 39490-39492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19264]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 90-CE-28-AD]


Airworthiness Directives; Cessna Aircraft Company Models 402C and 
414A Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); Reopening of 
the comment period.

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SUMMARY: This document proposes to revise an earlier proposed 
airworthiness directive (AD) that would have superseded AD 85-13-03 R2, 
which currently requires repetitively inspecting the engine mount beams 
for cracks on certain Cessna Aircraft Company (Cessna) Models 402C and 
414A airplanes, and replacing any cracked beams. The earlier proposed 
AD would have retained the repetitive inspections initially, and would 
have required eventual modification of the engine mount beams upon the 
accumulation of a certain amount of usage time on the airplane, as 
terminating action for the repetitive inspections. Since publication of 
that proposal, the Federal Aviation Administration (FAA) has determined 
that the proposed action is still a valid safety issue, but that the 
engine mount beams should be modified for all airplanes instead of 
relying on repetitive inspections to detect cracks until each airplane 
accumulates a certain amount of usage time. This proposed AD revises 
the previous proposal by incorporating this change. The actions 
specified by the proposed AD are intended to prevent failure of the 
engine mount beam caused by fatigue cracks, which could result in loss 
of the engine with consequent loss of the airplane. Since the comment 
period for the original proposal has closed and the proposed AD has 
been changed from what was originally proposed, the FAA is allowing 
additional time for the public to comment.

DATES: Comments must be received on or before September 26, 1997.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Assistant Chief 
Counsel, Attention: Rules Docket No. 90-CE-28-AD, Room 1558, 601 E. 
12th Street, Kansas City, Missouri 64106. Comments may be inspected at 
this location between 8 a.m. and 4 p.m., Monday through Friday, 
holidays excepted.
    Service information that applies to the proposed AD may be obtained 
from the Cessna Aircraft Company, Product Support, P.O. Box 7706, 
Wichita, Kansas 67277, telephone (316) 941-7550; facsimile (316) 942-
9006. This information may also be examined at the FAA at the address 
presented above.

FOR FURTHER INFORMATION CONTACT: David L. Ostrodka, Aerospace Engineer, 
FAA, Wichita Aircraft Certification Office, 1801 Airport Road, Room 
100, Mid-Continent Airport, Wichita, Kansas 67209; telephone (316) 946-
4129; facsimile (316) 946-4407.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications should identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this supplemental notice may 
be changed in light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report that summarizes each FAA-public contact concerned 
with the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this supplemental notice must submit a self-
addressed, stamped postcard on which the following statement is made: 
``Comments to Docket No. 90-CE-28-AD.'' The postcard will be date 
stamped and returned to the commenter.

Availability of Supplemental NPRM's

    Any person may obtain a copy of this supplemental NPRM by 
submitting a request to the FAA, Central Region, Office of the 
Assistant Chief Counsel, Attention: Rules Docket No. 90-CE-28-AD, Room 
1558, 601 E. 12th Street, Kansas City, Missouri 64106.

Discussion

    AD 85-13-03 R2, Amendment 39-5147, currently requires repetitively 
inspecting the engine mount beams for cracks on certain Cessna Aircraft 
Company (Cessna) Models 402C and 414A airplanes, and replacing any 
cracked beams. On August 9, 1990 (55 FR 32442), a proposal to amend 
part 39 of the Federal Aviation Regulations (14 CFR part 39) to include 
an AD that would supersede AD 85-13-03 R2 was published in the Federal 
Register as a notice of proposed rulemaking (NPRM). This NPRM proposed 
to supersede AD 85-13-03 R2 with a new AD that would have retained the 
repetitive inspections initially, and would have required eventual 
modification of the engine mount beams upon the accumulation of a 
certain amount of usage time on the airplane, as terminating action for 
the repetitive inspections.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. One comment was received regarding the 
proposed rule and no comments were received regarding the FAA's 
determination of the cost to the public.

Comment Disposition

    Cessna recommends a change to the NPRM to account for airplanes 
that may have Cessna Kit SK414-19 incorporated without Cessna Kit 
SK414-17 ever being incorporated. Cessna states that, as currently 
written, the NPRM would not require the 9,600 hour time-in-service 
(TIS) repetitive radiographic inspections for these airplanes.

[[Page 39491]]

    The FAA concurs. This supplemental NPRM would propose mandatory 
incorporation of the two appropriate Cessna SK414-19-* kits (five 
different kits) and then repetitive radiographic inspections at 9,600-
hour TIS intervals on all airplanes. This would assure that all 
airplanes are covered by the repetitive radiographic inspections.

Events Since Issuance of the NPRM

    Since publication of the NPRM, the FAA has re-examined this issue 
and determined that the actions proposed are still valid safety issues, 
but that the engine mount beams should be modified at a certain time 
period for all airplanes instead of relying on repetitive inspections 
to detect cracks until each airplane accumulates a certain amount of 
hours TIS.
    Since the comment period for the original proposal has closed and 
revision of the NPRM to require engine beam modification at a certain 
period of time for all of the affected Cessna Model 402C and 414A 
airplanes proposes actions that go beyond the scope of what was already 
proposed, the FAA is allowing additional time for the public to 
comment.

Relevant Service Information

    The procedures to incorporate the SK414-19-* kits are included in 
Cessna Service Kit SK414-19B, Revised: March 4, 1986. The procedures 
include all instructions for incorporating Kit SK414-19-1 on all of the 
affected airplanes, and then incorporating one of the following, 
depending on the airplane model and serial number:
--Cessna Kit SK414-19-2;
--Cessna Kit SK414-19-3;
--Cessna Kit SK414-19-4; or
--Cessna Kit SK414-19-5.
    The procedures to accomplish the radiographic inspections are 
included in the Attachment to Service Bulletin MEB85-3, Revision 1, 
dated August 23, 1985, as referenced in Cessna Service Bulletin MEB85-
3, Revision 2, dated October 23, 1987.

The FAA's Aging Commuter Aircraft Policy

    The actions proposed in this supplemental NPRM are consistent with 
the FAA's aging commuter aircraft policy, which briefly states that, 
when a modification exists that could eliminate or reduce the number of 
required critical inspections, the modification should be incorporated. 
This policy is based on the FAA's determination that reliance on 
critical repetitive inspections on airplanes utilized in commuter 
service carries an unnecessary safety risk when a design change exists 
that could eliminate or, in certain instances, reduce the number of 
those critical inspections. In determining what inspections are 
critical, the FAA considers (1) the safety consequences of the airplane 
if the known problem is not detected by the inspection; (2) the 
reliability of the inspection such as the probability of not detecting 
the known problem; (3) whether the inspection area is difficult to 
access; and (4) the possibility of damage to an adjacent structure as a 
result of the problem.

Cost Impact

    The FAA estimates that 681 airplanes in the U.S. registry would be 
affected by the proposed AD. The proposed initial radiographic 
inspection would take approximately 10 workhours per airplane to 
accomplish at an average labor rate of $60 per hour. Based on these 
figures, the total cost impact of the proposed initial radiographic 
inspection on U.S. operators is estimated to be $408,600, or $600 per 
airplane. These figures do not take into account the cost of repetitive 
inspections. The FAA has no way of determining the number of repetitive 
inspections each owner/operator would incur over the life of the 
airplane.
    The proposed modification would take approximately 9 workhours per 
airplane to accomplish at an average labor rate of approximately $60 an 
hour. Parts cost approximately $907 (average: varies from airplane to 
airplane) per airplane. Based on these figures, the total cost impact 
of the proposed modification on U.S. operators is estimated to be 
$985,407, or $1,447 per airplane. This figure is based on the 
presumption that no affected airplane owner/operator has incorporated 
the proposed modification.
    Cessna has informed the FAA that kits have been sold to accommodate 
approximately 98 of the affected airplanes. Presuming that each set of 
parts is incorporated on the affected airplanes, the cost impact of the 
proposed modification would be reduced $141,806 from $985,407 to 
$843,601.

Regulatory Impact

    The regulations proposed herein would 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 
proposal would 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) if promulgated, 
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 draft regulatory evaluation 
prepared for this action has been placed 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.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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 removing Airworthiness Directive 
(AD) 85-13-03 R2, Amendment 39-5147, and by adding a new AD to read as 
follows:

    Cessna Aircraft Company: Docket No. 90-CE-28-AD. Supersedes AD 
85-13-03 R2, Amendment 39-5147.
    Applicability: Airplanes with the following model and serial 
number designations, certificated in any category:

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              Model                           Serial Numbers            
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402C............................  402C0001 through 402C0808.            
                  414A..........  414A0001 through 414A1206.            
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    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.

[[Page 39492]]

    Compliance: Required as indicated in the body of this AD, unless 
already accomplished.
    To prevent failure of the engine mount beam caused by fatigue 
cracks, which could result in loss of the engine with consequent 
loss of the airplane, accomplish the following:
    (a) Within the next 100 hours time-in-service (TIS) after the 
effective date of this AD, incorporate Cessna Kit SK414-19-1, and 
one of the following (as applicable) in accordance with the 
instructions to Service Kit SK414-19B, Revised: March 4, 1986:
    (1) Cessna Kit SK414-19-2: All of the affected Models 402C and 
414A airplanes that are equipped with propeller unfeathering 
accumulators;
    (2) Cessna Kit SK414-19-3: Model 402C airplanes, serial numbers 
402C0001 through 402C0468, that have Cessna Kit SK414-17 
incorporated; and Model 414A airplanes, serial numbers 414A0001 
through 414A0646, that have Cessna Kit SK414-17 incorporated;
    (3) Cessna Kit SK414-19-4: Model 402C airplanes, serial numbers 
402C0001 through 402C0468, that do not have Cessna Kit SK414-17 
incorporated; and Model 414A airplanes, serial numbers 414A0001 
through 414A0646, that do not have Cessna Kit SK414-17 incorporated;
    (4) Cessna Kit SK414-19-5: Model 402C airplanes, serial numbers 
402C0469 through 402C0808; and Model 414A airplanes, serial numbers 
414A0647 through 414A1206.
    (b) Within 9,600 hours TIS after the modification required by 
paragraph (a) of this AD, and thereafter at intervals not to exceed 
9,600 hours TIS, inspect, using radiographic methods, the engine 
mount beams for cracks in accordance with the ACCOMPLISHMENT 
INSTRUCTIONS section of Attachment to Service Bulletin MEB85-2, 
Revision 1, dated August 23, 1985, as referenced in Cessna Service 
Bulletin MEB85-2, Revision 2, dated October 23, 1987.
    (1) If any crack is found in the left side (vertical portion) of 
the left engine beam of either nacelle, prior to further flight, 
obtain a repair scheme from the manufacturer through the FAA, 
Wichita Aircraft Certification Office (ACO), at the address 
specified in paragraph (d) of this AD, and then incorporate this 
repair scheme.
    (2) If cracks are found in the top (horizontal portion) of the 
engine beam and the total length of the cracks is less than 1.75 
inches, prior to further flight, stop drill each end of each crack 
using a 0.098-inch drill bit.
    (3) If cracks are found in the top (horizontal portion) of the 
engine beam and the total length of the cracks is equal to or 
greater than 1.75 inches, but less than 2.75 inches, prior to 
further flight, obtain a repair scheme from the manufacturer through 
the FAA, Wichita Aircraft Certification Office (ACO), at the address 
specified in paragraph (d) of this AD, and then incorporate this 
repair scheme.
    (4) If cracks are found in the top (horizontal portion) of the 
engine beam and the total length of the cracks is equal to or 
greater than 2.75 inches, prior to further flight, replace the 
engine beam with a part number specified in the instructions to 
Service Kit SK414-19B, Revised: March 4, 1986.
    (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 time that provides an equivalent level of safety may be 
approved by the Manager, Wichita Aircraft Certification Office 
(ACO), 1801 Airport Road, Room 100, 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 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Wichita ACO.

    (e) All persons affected by this directive may obtain copies of 
the document referred to herein upon request to the Cessna Aircraft 
Company, Product Support, P.O. Box 7706, Wichita, Kansas 67277; or 
may examine this document at the FAA, Central Region, Office of the 
Assistant Chief Counsel, Room 1558, 601 E. 12th Street, Kansas City, 
Missouri 64106.

    Issued in Kansas City, Missouri, on July 16, 1997.
Carolanne L. Cabrini,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 97-19264 Filed 7-22-97; 8:45 am]
BILLING CODE 4910-13-U