[Federal Register Volume 65, Number 120 (Wednesday, June 21, 2000)]
[Proposed Rules]
[Pages 38448-38450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15511]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-CE-66-AD]
RIN 2120-AA64


Airworthiness Directives; Cessna Aircraft Company Model 402C 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes to supersede Airworthiness Directive 
(AD) 99-11-13, which currently requires inspecting (one-time) the 
forward, aft, and auxiliary wing spars for cracks on certain Cessna 
Aircraft Company (Cessna) Model 402C airplanes, and repairing any 
cracks found. AD 99-11-13 also required reporting the results of the 
inspection to the Federal Aviation Administration (FAA) to provide data 
to help FAA determine whether the inspection should be repetitive. 
After re-evaluating the fatigue analysis for the wing spars on the 
affected airplanes, FAA has determined that spar cap cracking is not an 
isolated condition and could continue to develop over the life of the 
affected airplanes. Therefore, the proposed AD would retain the 
inspection required in AD 99-11-13, and would make the inspection 
repetitive. The actions specified by the proposed AD are intended to 
continue to detect and correct any cracks in the forward, aft, and 
auxiliary wing spars, which could result in reduced or loss of control 
of the airplane.

DATES: The FAA must receive any comments on this rule on or before 
August 24, 2000.

ADDRESSES: Submit comments in triplicate to FAA, Central Region, Office 
of the Regional Counsel, Attention: Rules Docket No. 99-CE-66-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106.
    You may get the service information referenced in the proposed AD 
from the Cessna Aircraft Company, P.O. Box 7706, Wichita, Kansas 67277; 
telephone: (316) 941-7550, facsimile: (316) 942-9008. You may examine 
this information at the Rules Docket at the address above.

FOR FURTHER INFORMATION CONTACT: Mr. Eual Conditt, Aerospace Engineer, 
FAA, Wichita Aircraft Certification Office, 1801 Airport Road, Room 
100, Mid-Continent Airport, Wichita, Kansas 67209, telephone: (316) 
946-4128; facsimile: (316) 946-4407.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites comments on the proposed rule.
    You may submit whatever written data, views, or arguments you 
choose. You need to include the rule's docket number and submit your 
comments in triplicate to the address specified under the caption 
ADDRESSES. The FAA will consider all comments received on or before the 
closing date specified above, before taking action on the proposed 
rule. We may change the proposals contained in this notice in light of 
the comments received.
    The FAA is re-examining the writing style we currently use in 
regulatory documents, in response to the Presidential memorandum of 
June 1, 1998. That memorandum requires federal agencies to communicate 
more clearly with the public. We are interested in your comments on 
whether the style of this document is clearer, and any other 
suggestions you might have to improve the clarity of FAA communications 
that affect you. You can get more information about the Presidential 
memorandum and the plain language initiative at http://www.plainlanguage.gov.
    The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule that 
might necessitate a need to modify the proposed rule. You may examine 
all comments we receive before and after the closing date for comments 
in the Rules Docket. We will file a report in the Rules Docket that 
summarizes each FAA contact with the public that concerns the 
substantive parts of this proposal.
    If you want us to acknowledge the receipt of your comments, you 
must include a self-addressed, stamped postcard. On the postcard, write 
``Comments to Docket No. 99-CE-66-AD.'' We will date stamp and mail the 
postcard back to you.

Availability of NPRMs

    You may obtain a copy of this NPRM by submitting a written request 
to FAA, Central Region, Office of the Regional Counsel, Attention: 
Rules Docket No. 99-CE-66-AD, 901 Locust, Room 506, Kansas City, 
Missouri 64106.

Discussion

    Has FAA taken any action to this point? The FAA issued AD 99-11-13, 
Amendment 39-11184 (64 FR 29781, June 3, 1999), in order to detect and

[[Page 38449]]

correct cracks in the forward, aft, and auxiliary spars of Cessna Model 
402C airplanes. AD 99-11-13 requires that you accomplish the following 
on the affected airplanes:
    --Inspect the forward, aft, and auxiliary wing spars for cracks in 
accordance with Cessna Service Bulletin MEB99-3, dated May 6, 1999;
    --Repair any cracks found required in accordance with an FAA-
approved repair scheme; and
    --Report the results of the inspection to FAA.
    AD 99-11-13 was the result of an accident of one of the affected 
airplanes where the right-hand wing failed just inboard of the nacelle 
at Wing Station (WS) 87. Investigation of this accident revealed 
fatigue cracking of the forward main spar that initiated at the edge of 
the front spar forward lower spar cap.
    What has happened to necessitate further AD action? The reason for 
the reporting requirement of AD 99-11-13 was to provide data to FAA on 
the extent of cracking in the forward, aft, and auxiliary wing spars on 
the affected airplanes. After re-evaluating the fatigue analysis for 
the wing spars on the affected airplanes, FAA has determined that spar 
cap cracking is not an isolated condition and could continue to develop 
over the life of the affected airplanes.

The FAA's Determination and an Explanation of the Provisions of the 
Proposed AD

    What has FAA decided? After examining the circumstances and 
reviewing all available information related to the incidents described 
above, we have determined that:
    --The inspections required by AD 99-11-13 should be repetitive; and
    --AD action should be taken to continue to detect and correct any 
cracks in the forward, aft, and auxiliary wing spars, which could 
result in reduced or loss of control of the airplane.
    Is there a modification I can incorporate instead of repetitively 
inspecting the wing spars? The FAA has determined that long-term 
continued operational safety would be better assured by design changes 
that remove the source of the problem, rather than by repetitive 
inspections or other special procedures. With this in mind, FAA is 
working with Cessna in developing a strap installation that would have 
the capability of carrying airplane ultimate load if the spar cap was 
fractured. The intent is that this strap could be inspected and that 
the inspections of this strap would be incorporated into the operator's 
maintenance program, as a replacement for the repetitive inspections 
required by this AD.
    The FAA may consider additional rulemaking action if this 
modification is developed and subsequently FAA-approved.

Cost Impact

    How many airplanes does this proposed AD impact? We estimate that 
the proposed AD would affect 225 airplanes in the U.S. registry.
    What is the cost impact of the proposed initial inspection for the 
affected airplanes on the U.S. Register? We estimate that it would take 
approximately 3 workhours per airplane to accomplish the proposed 
initial inspection, at an average labor rate of $60 an hour. Based on 
the figures presented above, the total cost impact of the proposed 
initial inspection on U.S. operators is estimated to be $40,500, or 
$180 per airplane.
    What about the cost of repetitive inspections? The FAA has no 
method of determining the number of repetitive inspections each owner/
operator would incur over the life of each of the affected airplanes so 
the cost impact is based on the initial inspection.
    What is the difference between the cost impact of this AD and the 
cost impact of AD 99-11-13? The cost impact of the proposed AD is the 
same as is currently required by AD 99-11-13. The only difference 
between the proposed AD and AD 99-11-13 is the repetitive inspections 
of each affected airplane owner/operator. As discussed above, FAA has 
no way of determining the repetitive inspection costs.

Regulatory Impact

    The regulations proposed herein would 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. Therefore, it 
is determined that this proposed rule would not have federalism 
implications under Executive Order 13132.
    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 14 
CFR part 39 of the Federal Aviation Regulations 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) 99-11-13, Amendment 39-11184 (64 FR 29781, June 3, 1999), and by 
adding a new AD to read as follows:

Cessna Aircraft Company: Docket No. 99-CE-66-AD; Supersedes AD 99-
11-13, Amendment 39-11184.

    (a) What airplanes are affected by this AD? Any Model 402C 
airplane, certificated in any category, that has a serial number 
that falls within one of the following ranges:
    (1) 689;
    (2) 402C0001 through 402C0125;
    (3) 402C0201 through 402C0355;
    (4) 402C0401 through 402C0528;
    (5) 402C0601 through 402C0653; and
    (6) 402C0801 through 402C1020.
    (b) Who must comply with this AD? Anyone who wishes to operate 
any of the above airplanes on the U.S. Register must comply with 
this AD.
    (c) What problem does this AD address? The actions specified by 
this AD are intended to detect and correct any cracks in the 
forward, aft, and auxiliary wing spars, which could result in 
reduced or loss of control of the airplane.
    (d) What must I do to address this problem? To address this 
problem, you must accomplish the following actions:

[[Page 38450]]



------------------------------------------------------------------------
             Actions               Compliance times       Procedures
------------------------------------------------------------------------
(1) Accomplish both an external   (i) Initial         Accomplish these
 and internal inspection of the    Inspection: Upon    inspections in
 forward, aft, and auxiliary       accumulating        accordance with
 wing spars for cracks.            10,000 hours        the
                                   total time-in-      ACCOMPLISHMENT
                                   service (TIS) on    INSTRUCTIONS
                                   the airplane or     section of Cessna
                                   within the next     Service Bulletin
                                   25 hours TIS        MEB99-3, dated
                                   after June 21,      May 6, 1999.
                                   1999 (the
                                   effective date of
                                   AD 99-11-13),
                                   whichever occurs
                                   later.
                                  (ii) Repetitive
                                   Inspections:
                                   Within 110 hours
                                   TIS after the
                                   last inspection
                                   required by this
                                   AD or AD 99-11-
                                   13, whichever is
                                   applicable, and
                                   thereafter at
                                   intervals not to
                                   exceed 110 hours
                                   TIS..
                                  (iii) The 110-hour
                                   TIS interval
                                   repetitive
                                   inspection time
                                   is established to
                                   allow this action
                                   to be
                                   accomplished with
                                   regular
                                   maintenance. The
                                   FAA initially
                                   determined that
                                   100-hour TIS
                                   intervals would
                                   provide the
                                   safety intent,
                                   but has since
                                   determined that
                                   the 110-hour TIS
                                   intervals would
                                   provide the same
                                   safety intent
                                   while providing a
                                   10-percent time
                                   flexibility in
                                   scheduling to
                                   coincide with
                                   regular
                                   maintenance.
(2) If any crack is found on any  Prior to further    Not Applicable.
 forward, aft, or auxiliary wing   flight after the
 spar during any inspection        inspection where
 required by this AD, accomplish   the crack is
 the following:                    found.
    (i) Obtain an FAA-approved
     repair scheme from the
     Cessna Aircraft Company,
     P.O. Box 7706, Wichita,
     Kansas 67277; telephone:
     (316) 941-7550, facsimile:
     (316) 942-9008; and
    (ii) Incorporate this repair
     scheme.
------------------------------------------------------------------------


    Note: The compliance times specified in Cessna Service Bulletin 
MEB99-3, dated May 6, 1999, are different than those required by 
this AD. The times in this AD take precedence over those in the 
service bulletin.

    (e) Can I comply with this AD in any other way? (1) You may use 
an alternative method of compliance or adjust the compliance time 
if:
    (i) Your alternative method of compliance provides an equivalent 
level of safety; and
    (ii) The Manager, Wichita Aircraft Certification Office (ACO), 
approves your alternative. Submit your request through an FAA 
Principal Maintenance Inspector, who may add comments and then send 
it to the Manager, Wichita ACO, 1801 Airport Road, Room 100, Mid-
Continent Airport, Wichita, Kansas 67209.
    (2) Alternative methods of compliance that were approved in 
accordance with AD 99-11-13 are considered approved as alternative 
methods of compliance for this AD.

    Note: 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 you have not eliminated the unsafe 
condition, specific actions you propose to address it.

    (f) I get information about any already-approved alternative 
methods of compliance? You can contact Mr. Eual Conditt, Aerospace 
Engineer, FAA, Wichita Aircraft Certification Office, 1801 Airport 
Road, Room 100, Mid-Continent Airport, Wichita, Kansas 67209, 
telephone: (316) 946-4128; facsimile: (316) 946-4407.
    (g) How do I get copies of the documents referenced in this AD? 
You may obtain copies of the documents referenced in this AD from 
the Cessna Aircraft Company, P. O. Box 7706, Wichita, Kansas 67277; 
or may examine this document at FAA, Central Region, Office of the 
Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106.
    (h) Does this AD action affect any existing AD actions? This 
amendment supersedes AD 99-11-13, Amendment 39-11184.

    Issued in Kansas City, Missouri, on June 14, 2000.
Michael K. Dahl,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-15511 Filed 6-20-00; 8:45 am]
BILLING CODE 4910-13-U