[Federal Register Volume 66, Number 162 (Tuesday, August 21, 2001)]
[Proposed Rules]
[Pages 43811-43813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20940]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-CE-28-AD]
RIN 2120-AA64


Airworthiness Directives; Reims Aviation S.A. Model F406 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes to adopt a new airworthiness directive 
(AD) that would apply to certain Reims Aviation S.A. (Reims) Model F406 
airplanes. The proposed AD would require repetitively inspecting the 
canted rib upper cap in the center wing carry-through area for cracks, 
and, if cracks are found, immediately repairing the cracks or modifying 
this area depending on the extent of any cracks found. The proposed AD 
would also require modifying the canted rib upper cap at a certain time 
period as terminating action for the proposed repetitive inspections. 
The proposed AD is the result of mandatory continuing airworthiness 
information (MCAI) issued by the airworthiness authority for France. 
The actions specified by the proposed AD are intended to detect and 
correct cracks in the canted rib upper cap in the center wing carry-
through area, which could result in structural failure of the wing with 
possible loss of control of the airplane.

DATES: The Federal Aviation Administration (FAA) must receive any 
comments on this proposed rule by September 18, 2001.

ADDRESSES: Send comments in triplicate to FAA, Central Region, Office 
of the Regional Counsel, Attention: Rules Docket No. 99-CE-28-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106. You may look at comments 
at this location between 8 a.m. and 4 p.m., Monday through Friday, 
except holidays.
    You may get service information that applies to the proposed AD 
from the Cessna Aircraft Company, Product Support, P.O. Box 7706, 
Wichita, Kansas 67277; telephone: (316) 517-5800; facsimile: (316) 942-
9006. You may read this information at the Rules Docket at the address 
above.

FOR FURTHER INFORMATION CONTACT: Brian A. Hancock, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4143, facsimile: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Comments Invited

How Do I Comment on the Proposed AD?

    The FAA invites comments on this proposed rule. You may send 
whatever written data, views, or arguments you choose. You need to 
include the rule's docket number and send your comments in triplicate 
to the address specified under the caption ADDRESSES. The FAA will 
consider all comments received by the closing date. We may amend the 
proposed rule in light of comments received. Factual information that 
supports your ideas and suggestions is extremely helpful in evaluating 
the effectiveness of the proposed AD action and determining whether we 
need to take additional rulemaking action.

Are There Any Specific Portions of the Proposed AD I Should Pay 
Attention to?

    The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule that 
might suggest a need to modify the rule. You may read all comments we 
receive about the rule 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 the proposed AD.
    We are 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 clear, 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.faa.gov/language/.

How Can I Be Sure FAA Receives My Comment?

    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-28-AD.'' We will date stamp and mail the 
postcard back to you.

Discussion

What Events Have Caused This Proposed AD?

    The Direction Generale De L'Aviation Civile (DGAC), which is the 
airworthiness authority for France, notified the FAA that an unsafe 
condition may exist on certain Reims F406 airplanes. The DGAC reports 
that a crack was found in the canted rib upper cap in the center wing 
carry-through area during a routine inspection of one of the affected 
airplanes.

What Are the Consequences if the Condition Is Not Corrected?

    This condition, if not detected and corrected in a timely manner, 
could result in structural failure of the wing with possible loss of 
control of the airplane.

Is There Service Information That Applies to This Subject?

    Cessna has issued REIMS/CESSNA Service Bulletin CAB98-16, dated 
November 2, 1998.

What are the Provisions of This Service Bulletin?

    This service bulletin specifies procedures for:

--Inspecting the canted rib upper cap in the center wing carry-through 
area for cracks; and
--Modifying this area.

What Action Did the DGAC Take?

    The DGAC classified this service bulletin as mandatory and issued

[[Page 43812]]

French AD 1999-087(A), dated February 24, 1999, in order to assure the 
continued airworthiness of these airplanes in France.

Was This in Accordance With the Bilateral Airworthiness Agreement?

    This airplane model is manufactured in France and is type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the DGAC has kept FAA informed of 
the situation described above.

The FAA's Determination and an Explanation of the Provisions of the 
Proposed AD What Has FAA Decided?

    The FAA has examined the findings of the DGAC; reviewed all 
available information, including the service information referenced 
above; and determined that:

--The unsafe condition referenced in this document exists or could 
develop on other Reims Model F406 airplanes of the same type design;
--The actions specified in the previously-referenced service 
information should be done on the affected airplanes; and
--AD action should be taken in order to correct this unsafe condition.

What Would the Proposed AD Require?

    This proposed AD would require you to do the actions specified in 
the previously-referenced service information.

Cost Impact

How Many Airplanes Would the Proposed AD Impact?

    We estimate that the proposed AD affects 4 airplanes in the U.S. 
registry.

What Would Be the Cost Impact of the Proposed AD on Owners/Operators of 
the Affected Airplanes?

    We estimate the following costs to do the proposed inspections:

----------------------------------------------------------------------------------------------------------------
                                                                                  Total cost per   Total cost on
                  Labor cost                               Parts cost                airplane     U.S. operators
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4 inspections  x  3 workhours  x  $60 per hour  Not applicable..................            $720          $2,880
 = $720.
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    We estimate the following costs to do any necessary modifications 
that would be required because of the proposed inspection:

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                                                                                  Total cost per   Total cost on
                  Labor cost                               Parts cost                airplane     U.S. operators
----------------------------------------------------------------------------------------------------------------
60 workhours  x  $60 per hour = $3,600........  $3,375..........................          $6,975         $27,900
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Regulatory Flexibility Determination and Analysis

What Are the Requirements of the Regulatory Flexibility Act?

    The Regulatory Flexibility Act of 1980 was enacted by Congress to 
assure that small entities are not unnecessarily or disproportionately 
burdened by government regulations. This Act establishes ``as principle 
of regulatory issuance that agencies shall endeavor, consistent with 
the objectives of the rule and of applicable statutes, to fit 
regulatory and informational requirements to the scale of the 
businesses, organizations, and governmental jurisdictions subject to 
regulation.'' To achieve this principle, the Act requires agencies to 
solicit and consider flexible regulatory proposals and to explain the 
rationale for their actions. The Act covers a wide range of small 
entities, including small businesses, not-for-profit organizations, and 
small governmental jurisdictions.
    Agencies must perform a review to determine whether a proposed or 
final rule will have a significant economic impact on a substantial 
number of small entities. If the determination is that the rule will, 
the Agency must prepare a regulatory flexibility analysis as described 
in the RFA.
    However, if an agency determines that a proposed or final rule is 
not expected to have a significant economic impact on a substantial 
number of small entities, section 605(b) of the RFA provides that the 
head of the agency may so certify and a regulatory flexibility analysis 
is not required. The certification must include a statement providing 
the factual basis for this determination, and the reasoning should be 
clear.

What Is FAA's Determination?

    The FAA has determined that this proposed rule would not have a 
significant economic impact on a substantial number of small entities. 
Reims Aviation Model F406 aircraft are produced in France and only 4 
airplanes are owned by U.S. entities. Of these 4 airplanes, Cessna 
Finance Corporation owns 2. Cessna Finance Corporation is part of a 
larger corporation with more than 1,500 employees and is not considered 
a small entity. The FAA does not believe that the two remaining 
entities owning the F406 aircraft constitute a substantial number. 
Therefore, FAA has determined that this proposed rule will not have a 
significant economic impact on a substantial number of small entities.

Regulatory Impact

Would This Proposed AD Impact Various Entities?

    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, I 
have determined that this proposed rule would not have federalism 
implications under Executive Order 13132.

Would This Proposed AD Involve a Significant Rule or Regulatory Action?

    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 issued, 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

[[Page 43813]]

location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under 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. FAA amends Sec. 39.13 by adding a new airworthiness directive 
(AD) to read as follows:

Reims Aviation S.A.: Docket No. 99-CE-28-AD.

    (a) What airplanes are affected by this AD? This AD affects 
Model F406 airplanes, serial numbers F406-0001 through F406-0083, 
certificated in any category.
    (b) Who must comply with this AD? Anyone who wishes to operate 
any of the above airplanes must comply with this AD.
    (c) What problem does this AD address? The actions specified by 
this AD are intended to detect and correct cracks in the canted rib 
upper cap in the center wing carry-through area, which could result 
in structural failure of the wing with possible loss of control of 
the airplane.
    (d) What actions must I accomplish to address this problem? To 
address this problem, unless already done, you must do the 
following:

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           Action                Compliance time         Procedures
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(1) Inspect the canted rib    Within the next 75    Following the
 upper cap in the center       hours time-in-        ACCOMPLISHMENT
 wing carry-through area for   service (TIS) after   INSTRUCTIONS
 cracks.                       the effective date    section of REIMS/
                               of this AD, and       CESSNA Service
                               thereafter at 200-    Bulletin CAB98-16,
                               hour TIS intervals,   dated November 2,
                               but not to exceed     1998.
                               three 200-hour
                               interval
                               inspections (675
                               hours TIS: 75-hour
                               TIS initial
                               inspection plus
                               three additional
                               200-hour TIS
                               repetitive
                               inspections).
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(2) If, during any            Before further        Following the
 inspection required by this   flight after the      ACCOMPLISHMENT
 AD, cracks are found,         inspection where      INSTRUCTIONS
 accomplish the following:     the crack is found.   section of REIMS/
 (i) If the cracks are less                          CESSNA Service
 than 2 inches in length,                            Bulletin CAB98-16,
 modify the canted rib upper                         dated November 2,
 cap in the center wing                              1998.
 carry-through area. (ii) If
 the cracks are 2 inches in
 length or more, obtain a
 repair scheme from the
 manufacturer through FAA at
 the address specified in
 paragraph (h) of this AD
 and incorporate this repair
 scheme.
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(3) Modify the canted rib     Within 600 hours TIS  Following the
 upper cap in the center       after the initial     ACCOMPLISHMENT
 wing carry-through area.      inspection required   INSTRUCTIONS
                               by paragraph (d)(1)   section of RIMS/
                               of this AD, unless    CESSNA Service
                               already               Bulletin CAB98-16,
                               accomplished          dated November 2,
                               through paragraphs    1998.
                               (d)(2)(i) or
                               (d)(2)(ii) of this
                               AD.
------------------------------------------------------------------------
(4) Accomplishing the repair  Not applicable......  Not applicable.
 or modification required in
 paragraphs (d)(2)(i),
 (d)(2)(ii), or (d)(3) of
 this AD is considered
 terminating action for the
 inspection requirements of
 this AD.
------------------------------------------------------------------------

    (e) Can I comply with this AD in any other way? You may use an 
alternative method of compliance or adjust the compliance time if:
    (1) Your alternative method of compliance provides an equivalent 
level of safety; and
    (2) The Manager, Small Airplane Directorate, approves your 
alternative. Send your request through an FAA Principal Maintenance 
Inspector, who may add comments and then send it to the Manager, 
Small Airplane Directorate.

    Note 1: This AD applies to each airplane identified in paragraph 
(a) of this AD, 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 following 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 proposed actions 
you propose to address it.

    (f) Where can I get information about any already-approved 
alternative methods of compliance? Contact Brian A. Hancock, 
Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, 
Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4143, 
facsimile: (816) 329-4090.
    (g) What if I need to fly the airplane to another location to 
comply with this AD? The FAA can issue a special flight permit under 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate your airplane to a location where 
you can do the requirements of this AD.
    (h) How can I get copies of the documents referenced in this AD? 
You may get copies of the documents referenced in this AD from the 
Cessna Aircraft Company, Product Support, P.O. Box 7706, Wichita, 
Kansas 67277; telephone: (316) 517-5800; facsimile: (316) 942-9006. 
You may read these documents at FAA, Central Region, Office of the 
Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106.

    Note 2: The subject of this AD is addressed in French AD 1999-
087(A), dated February 24, 1999.


    Issued in Kansas City, Missouri, on August 13, 2001.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 01-20940 Filed 8-20-01; 8:45 am]
BILLING CODE 4910-13-P