[Federal Register Volume 62, Number 244 (Friday, December 19, 1997)]
[Rules and Regulations]
[Pages 66508-66511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32993]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 90-CE-28-AD; Amendment 39-10259 AD 97-26-16]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment supersedes Airworthiness Directive (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. This 
AD requires incorporating engine mount kits that will eliminate the 
need for the repetitive inspection requirement of AD 85-13-03 R2. This 
AD results from the Federal Aviation Administration's policy on aging 
commuter-class aircraft, which is to eliminate or, in certain 
instances, reduce the number of certain repetitive short-interval 
inspections when improved parts or modifications are available. The 
actions specified by this 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.

DATES: Effective February 2, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of February 2, 1998.

ADDRESSES: Service information that applies to this 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 Federal Aviation 
Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 90-CE-28-AD, Room 1558, 601 E. 12th Street, 
Kansas City, Missouri 64106; or at the Office of the Federal Register, 
800 North Capitol Street, NW., suite 700, Washington, DC.

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:

Events Leading to the Issuance of This AD

    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 were afforded an opportunity to participate in 
the making of this amendment. One comment was received regarding the 
NPRM and no comments were received regarding the FAA's determination of 
the cost to the public.
    Cessna recommended a change to the original NPRM to account for 
airplanes that may have Cessna Kit SK414-19 incorporated without Cessna 
Kit SK414-17 ever being incorporated. Cessna stated that, as written, 
the NPRM would not require the 9,600 hour time-in-service (TIS) 
repetitive radiographic inspections for these airplanes.
    The FAA concurred and determined that any AD action on this issue 
should require 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.
    The FAA re-examined this issue and determined that the actions 
proposed in the original NPRM were 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 NPRM had 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 proposed actions that went beyond the scope of what was 
already proposed, the FAA issued a supplemental NPRM (62 FR 39490, July 
23, 1997) to allow additional time for the public to comment.
    Interested persons were again afforded an opportunity to 
participate in the making of this amendment. Due consideration has been 
given to the comments received on the supplemental NPRM.

Comment No. 1: Change of Compliance Time

    One commenter states that the compliance time of ``within the next 
100 hours time-in-service (TIS) after the effective date of this AD'' 
is unrealistic for airplane owners/operators that have the Cessna Kit 
SK414-17 incorporated on their airplanes. The commenter states that a 
more realistic time would be to coincide with the next 1,600-hour 
engine overhaul.
    The FAA concurs that this would be a more realistic compliance time 
for these owners/operators with these kits incorporated on their 
airplanes. In addition, the FAA has determined a more realistic 
compliance time for those owners/operators not having the Cessna Kit 
SK414-17 incorporated on their airplanes would be at 200 hours TIS to 
coincide with the inspections currently required by AD 85-13-03 R2. The 
final rule has been changed accordingly.

Comment No. 2: The Cost Estimate is Too Low

    Two commenters state that the FAA's estimate of the cost impact on 
the public is too low by a factor of two or more. One of these 
commenters presented an example of the cost impact for a specific 
design configuration, which includes adding multiple kits to both 
engines. This example also includes 30 hours of labor for engine 
removal. The commenters request that the FAA re-examine the cost 
estimate and then

[[Page 66509]]

change it to more accurately reflect the actual costs of accomplishing 
the AD.
    The FAA has re-examined the cost impact upon the public and has 
determined that the proposed cost impact in the NPRM is low. The FAA 
will change the cost impact estimate to reflect the configuration of 
incorporating multiple kits on each engine. Since the FAA is changing 
the compliance time to coincide with the next engine overhaul or 
scheduled inspection, the 30 workhours necessary to remove the engines 
will not be part of the cost impact estimate.

Comment No. 3: Parts Availability

    One commenter questions whether parts are available for all of the 
affected airplanes. According to the commenter's research, only 10 
owners/operators of the affected airplanes could comply with the 
proposed AD. The commenter states that a large portion of the 583 
affected airplanes that haven't already incorporated the kits would be 
grounded waiting on parts if the AD would become effective as proposed. 
With this in mind, the commenter recommends that the FAA allow the 
owners/operators of the affected airplanes to continue to repetitively 
inspect their airplanes until cracks are found.
    The FAA concurs that parts availability for all airplanes could 
initially be a problem. If parts are not available, Cessna will 
manufacture these parts as ordered. With this in mind, the FAA has 
determined that repetitive inspections may continue if parts are not 
available provided the parts have been ordered from the manufacturer 
and any cracked engine mount beam is either repaired or replaced, as 
applicable. The final rule will be changed to provide for repetitive 
inspections in the event parts are not available.

The FAA's Determination

    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 AD as proposed in the 
supplemental NPRM, except for the changes described above and 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.

The FAA's Aging Commuter Aircraft Policy

    The actions of this AD 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 will be 
affected by this AD. The initial radiographic inspection will 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 this 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 will incur over the life of the airplane.
    Labor and parts vary per affected airplane. The following cost 
estimate would be for airplanes needing one SK414-19-1A and one SK414-
19-3A kit per engine. The FAA estimates 17 workhours per airplane to 
install these kits at $60 per hour. Parts would cost approximately 
$2,250 per airplane (two SK414-19-1A kits at $474 each; and two SK414-
19-3A kits at $651 each). Based on these figures (using the above kit 
configurations on every affected airplane), the total cost impact of 
the modification on U.S. operators is estimated to be $2,226,870, or 
$3,270 per airplane. This figure is based on the presumption that no 
affected airplane owner/operator has incorporated the modification. 
Costs for removing the engines are not included in the cost since the 
FAA is adjusting the compliance times to coincide with regularly 
scheduled engine overhauls or already required inspections.
    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 
modification would be reduced $320,460 from $2,226,870 to $1,906,410.

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, Incorporation by 
reference, 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 removing Airworthiness Directive 
(AD) 85-13-03 R2, Amendment 39-5147, and by adding a new AD to read as 
follows:

97-26-16  Cessna Aircraft Company: Amendment 39-10259; Docket No. 
90-CE-28-AD.

    Applicability: Airplanes with the following model and serial 
number designations, certificated in any category:

[[Page 66510]]



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               Model                             Serial Nos.            
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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 (g) 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 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) For airplanes with Cessna Kit SK414-17 incorporated, within 
the next 1,600 hours time-in-service (TIS) after the effective date 
of this AD (to coincide with the next engine overhaul), 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; and Model 414A airplanes, serial numbers 
414A0001 through 414A0646;
    (3) Cessna Kit SK414-19-5: Model 402C airplanes, serial numbers 
402C0469 through 402C0808; and Model 414A airplanes, serial numbers 
414A0647 through 414A1206.
    (b) For airplanes without Cessna Kit SK414-17 incorporated, 
within the next 200 hours time-in-service (TIS) after the effective 
date of this AD (to coincide with the next inspection that would 
have been required by AD 85-13-03 R2, which is superseded by 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 SK414-19-4: Model 402C airplanes, serial numbers 
402C0001 through 402C0468; and Model 414A airplanes, serial numbers 
414A0001 through 414A0646;
    (3) Cessna Kit SK414-19-5: Model 402C airplanes, serial numbers 
402C0469 through 402C0808; and Model 414A airplanes, serial numbers 
414A0647 through 414A1206.
    (c) Within 9,600 hours TIS after the modification required by 
paragraph (a) or (b) of this AD, as applicable, 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 MEB85-3, Revised--August 23, 1985, as referenced in Cessna 
Service Bulletin MEB85-3, 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 (g) 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 (g) 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.
    (d) If parts for any of the engine beam modifications required 
by paragraphs (a) and (b) of this AD have been ordered from the 
manufacturer but are not available, accomplish the following in 
accordance with the ACCOMPLISHMENT INSTRUCTIONS section of 
Attachment to Service Bulletin MEB85-3, Revised--August 23, 1985, as 
referenced in Cessna Service Bulletin MEB85-3, Revision 2, dated 
October 23, 1987:
    (1) For airplanes with Cessna Kit SK414-17 incorporated, within 
the next 1,600 hours time-in-service (TIS) after the effective date 
of this AD (to coincide with the next engine overhaul); and 
thereafter at intervals not to exceed 1,600 hours TIS; provided no 
provision specified in paragraph (e) of this AD occurs, inspect the 
engine mount beams using radiographic methods.
    (2) For airplanes without Cessna Kit SK414-17 incorporated, 
within the next 200 hours time-in-service (TIS) after the effective 
date of this AD (to coincide with next inspection that would have 
been required by AD 85-13-03 R2, which is superseded by this AD); 
and thereafter at intervals not to exceed 200 hours TIS; provided no 
provision specified in paragraph (e) of this AD occurs, fluorescent 
penetrant inspect the engine mount beams.
    (e) If any one of the following occurs during any of the 
inspections required by paragraph (d) of this AD, prior to further 
flight, accomplish the specified actions:
    (1) If parts become available, terminate the repetitive 
inspections specified in paragraph (d) of this AD, incorporate the 
modification kits as required by paragraph (a) or (b) of this AD, 
and inspect the engine mount beams as specified in paragraph (c) of 
this AD;
    (2) If any crack is found in the left side (vertical portion) of 
the left engine beam of either nacelle, obtain a repair scheme from 
the manufacturer through the FAA, Wichita ACO, at the address 
specified in paragraph (g) of this AD, incorporate this repair 
scheme, and continue the repetitive inspections required by 
paragraph (d) of this AD;
    (3) 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, stop drill each end of each crack using a 0.098-inch drill 
bit, and continue the repetitive inspections required by paragraph 
(d) of this AD;
    (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 1.75 inches, but less than 2.75 inches, obtain a repair 
scheme from the manufacturer through the FAA, Wichita ACO, at the 
address specified in paragraph (g) of this AD, incorporate this 
repair scheme, and continue the repetitive inspections required by 
paragraph (d) of this AD; or
    (5) 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, replace the engine beam with a part number 
specified in the instructions to Service Kit SK414-19B, Revised: 
March 4, 1986, and inspect the engine mount beams as specified in 
paragraph (c) of this AD.
    (f) 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.
    (g) 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 ACO, 1801 Airport Road, Room 100, 
Mid-Continent Airport, Wichita, Kansas 67209.
    (1) The request shall be forwarded through an appropriate FAA 
Maintenance Inspector, who may add comments and then send it to the 
Manager, Wichita ACO.
    (2) Alternative methods of compliance approved in accordance 
with AD 85-13-03 R2 (superseded by this action) are not considered 
approved as alternative methods of compliance with this AD.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Wichita ACO.

    (h) The modifications required by this AD shall be done in 
accordance with Service Kit SK414-19B, Revised: March 4, 1986. The 
inspections required by this AD shall be done in accordance with 
Attachment to Service Bulletin MEB85-3, Revised--August 23, 1985, as 
referenced in Cessna Service Bulletin MEB85-3, Revision 2, dated 
October 23, 1987. This incorporation by reference was approved by 
the Director of the Federal Register in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. Copies may be obtained from the Cessna 
Aircraft Company, Product

[[Page 66511]]

Support, P.O. Box 7706, Wichita, Kansas 67277. Copies may be 
inspected at the FAA, Central Region, Office of the Regional 
Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri, or at 
the Office of the Federal Register, 800 North Capitol Street, NW., 
suite 700, Washington, DC.
    (i) This amendment (39-10259) becomes effective on February 2, 
1998.

    Issued in Kansas City, Missouri, on December 10, 1997.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 97-32993 Filed 12-18-97; 8:45 am]
BILLING CODE 4910-13-U