[Federal Register Volume 64, Number 169 (Wednesday, September 1, 1999)]
[Rules and Regulations]
[Pages 47658-47660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22536]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-CE-55-AD; Amendment 39-11280; AD 99-18-14]
RIN 2120-AA64


Airworthiness Directives; Cessna Aircraft Company Model 172R 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to Cessna Aircraft Company (Cessna) Model 172R airplanes 
equipped with a certain modification kit that reduces friction in the 
elevator control system. This AD requires inspecting the control yoke 
pivot bolt to assure positive clearance between the pivot bolt's 
threaded end and aileron direct cable. If positive clearance is not 
found, this AD requires replacing the control yoke pivot bolt, 
inspecting the adjacent aileron control cables for damage, and 
replacing any damaged aileron control cable. This AD is the result of 
the manufacturer supplying incorrect length control yoke pivot bolts in 
Cessna Modification Kits MK 172-27-01 that were shipped from September 
21, 1998, through April 18, 1999. The actions specified by this AD are 
intended to prevent failure of an aileron control cable because of an 
incorrect length control yoke pivot bolt rubbing on one of these 
cables, which could result in loss of aileron control with loss of 
directional control of the airplane.

DATES: Effective September 27, 1999.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of September 27, 1999.
    Comments for inclusion in the Rules Docket must be received on or 
before October 27, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 99-CE-55-AD, Room 1558, 601 E. 12th Street, 
Kansas City, Missouri 64106.
    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) 571-5800; facsimile: (316) 942-9008. 
This information may also be examined at the Federal Aviation 
Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 99-CE-55-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: Mr. Paul C. DeVore, Aerospace 
Engineer, FAA, Wichita Aircraft Certification Office, 1801 Airport 
Road, Rm. 100, Mid-Continent Airport, Wichita, Kansas, 67209; 
telephone: (316) 946-4142; facsimile: (316) 946-4407.

SUPPLEMENTARY INFORMATION:

Discussion

    Cessna has informed the FAA that incorrect length control yoke 
pivot bolts may have been shipped in Modification Kit MK 172-27-01 to 
certain owners/operators of Cessna Model 172R airplanes from September 
21, 1998, through April 18, 1999. This kit was issued to reduce 
friction in the elevator control system.
    The incorrect length bolts are longer than design specifications 
call for and could come in contact with or rub on one of the adjacent 
aileron control cables. This condition, if not detected and corrected 
in a timely manner, could result in loss of aileron control with loss 
of directional control of the airplane.

Relevant Service Information

    Cessna has issued Service Bulletin SB99-27-01, dated July 12, 1999, 
which specifies procedures for:

--Inspecting the control yoke pivot bolt to assure positive clearance 
between the pivot bolt's threaded end and aileron direct cable; and
--If positive clearance is not found, replacing the control yoke pivot 
bolt, inspecting the adjacent aileron control cables for damage, and 
replacing any damaged aileron control cable.

The FAA's Determination

    After examining the circumstances and reviewing all available 
information related to the incidents described above, including the 
relevant service information, the FAA has determined that AD action 
should be taken to

[[Page 47659]]

prevent failure of an aileron control cable because of an incorrect 
length control yoke pivot bolt rubbing on one of these cables, which 
could result in loss of aileron control with loss of directional 
control of the airplane.

Explanation of the Provisions of the AD

    Since an unsafe condition has been identified that is likely to 
exist or develop in other Cessna Model 172R airplanes of the same type 
design that are equipped with a Cessna Modification Kit MK 172-27-01 
that was shipped sometime between September 21, 1998, and April 18, 
1999, the FAA is taking AD action. This AD requires inspecting the 
control yoke pivot bolt to assure positive clearance between the pivot 
bolt's threaded end and aileron direct cable. If positive clearance is 
not found, this AD requires replacing the control yoke pivot bolt, 
inspecting the adjacent aileron control cables for damage, and 
replacing any damaged aileron control cable.
    Accomplishment of these actions is required in accordance with 
Cessna Service Bulletin SB99-27-01, dated July 12, 1999.

Determination of the Effective Date of the AD

    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for public 
prior comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting immediate flight safety and, thus, was not 
preceded by notice and opportunity to comment, comments are invited on 
this rule. Interested persons are invited to comment on this 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 will be considered, 
and this rule may be amended in light of the comments received. Factual 
information that supports the commenter's ideas and suggestions is 
extremely helpful in evaluating the effectiveness of the AD action and 
determining whether additional rulemaking action would be needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the 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 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 99-CE-55-AD.'' The postcard will be date stamped and 
returned to the commenter.

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.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and is not a significant regulatory action under 
Executive Order 12866. It has been determined further that this action 
involves an emergency regulation under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979). If it is determined that 
this emergency regulation otherwise would be significant under DOT 
Regulatory Policies and Procedures, a final regulatory evaluation will 
be prepared and placed in the Rules Docket (otherwise, an evaluation is 
not required). A copy of it, if filed, may be obtained from the Rules 
Docket.

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 adding a new airworthiness directive 
(AD) to read as follows:

99-18-14  Cessna Aircraft Company: Amendment 39-11280; Docket No. 
99-CE-55-AD.

    Applicability: The following serial numbers of Model 172R 
airplanes, certificated in any category; that are equipped with a 
Cessna Modification Kit MK 172-27-01 that was shipped sometime 
between September 21, 1998, and April 18, 1999:

Serial Numbers
    17280003 through 17280016, 17280018 through 17280060, 17280062, 
17280063, 17280065 through 17280071, 17280073 through 17280083, 
17280085 through 17280088, 17280090, 17280091, and 17280093 through 
17280096

    Note 1: Modification Kit MK172-27-01 was issued to reduce 
friction in the elevator control system.

    Note 2: 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 (e) 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 an aileron control cable because of an 
incorrect length control yoke pivot bolt rubbing on one of these 
cables, which could result in loss of aileron control with loss of 
directional control of the airplane, accomplish the following:
    (a) Within the next 25 hours time-in-service (TIS) after the 
effective date of this AD, inspect the control yoke pivot bolt to 
assure positive clearance between the pivot bolt's threaded end and 
the aileron direct cable. Accomplish this inspection in accordance 
with the ACCOMPLISHMENT INSTRUCTIONS section of Cessna Service 
Bulletin SB99-27-01, dated July 12, 1999. If positive clearance is 
not found, prior to further flight, accomplish the following in 
accordance with the service bulletin:
    (1) Replace the control yoke pivot bolt; and
    (2) Inspect the adjacent aileron control cables for damage and 
replace any damaged aileron control cable.

    Note 3: This AD allows the aircraft owner or pilot to check the 
maintenance records to determine whether a Cessna Modification Kit 
MK 172-27-01 was incorporated after September 21, 1998, and before 
the effective date of this AD. Those kits shipped between

[[Page 47660]]

September 21, 1998, and April 18, 1999, could contain incorrect 
length control yoke pivot bolts and, when installed, could rub on 
one of the adjacent aileron control cables. See paragraph (c) of 
this AD for authorization.

    (b) As of the effective date of this AD, no person may 
incorporate on any airplane, a Cessna Modification Kit MK 172-27-01 
that was shipped sometime between September 21, 1998, and April 18, 
1999, unless a replacement control yoke pivot bolt is obtained from 
the manufacturer, and incorporated with the modification kit.
    (c) The owner/operator holding at least a private pilot 
certificate as authorized by section 43.7 of the Federal Aviation 
Regulations (14 CFR 43.7) may check the maintenance records to 
determine whether a Cessna Modification Kit MK 172-27-01 was 
incorporated after September 21, 1998, and before the effective date 
of this AD. Those kits shipped between September 21, 1998, and April 
18, 1999, could contain incorrect length control yoke pivot bolts 
and, when installed, could rub on one of the adjacent aileron 
control cables. If, by checking the maintenance records, it can be 
positively determined that one of these suspect kits is not 
incorporated on the airplane, the requirements of paragraph (a) of 
this AD do not apply and the owner/operator must make an entry into 
the aircraft records showing compliance with this portion of the AD 
in accordance with section 43.9 of the Federal Aviation Regulations 
(14 CFR 43.9).
    (d) 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.
    (e) 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 Aircraft Certification Office 
(ACO), 1801 Airport Road, Rm 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 4: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Wichita ACO.

    (f) The inspections and replacements required by this AD shall 
be done in accordance with Cessna Service Bulletin SB99-27-01, dated 
July 12, 1999. 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 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.
    (g) This amendment becomes effective on September 27, 1999.

    Issued in Kansas City, Missouri, on August 23, 1999.
Terry L. Chasteen,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-22536 Filed 8-31-99; 8:45 am]
BILLING CODE 4910-13-U