[Federal Register Volume 67, Number 90 (Thursday, May 9, 2002)]
[Rules and Regulations]
[Pages 31117-31119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11523]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-CE-17-AD; Amendment 39-12746; AD 2002-09-13]
RIN 2120-AA64


Airworthiness Directives; Cessna Aircraft Company Model CESSNA 
441 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 certain Cessna Aircraft Company (Cessna) Model CESSNA 441 
airplanes. This AD requires you to do a one-time inspection of the fuel 
boost pump wiring inside and outside the boost pump reservoir, and 
repair or replace the wiring as necessary. This AD is the result of 
several reports of chafing and/or arcing of the fuel boost pump wiring 
inside and outside the fuel pump reservoir. The actions specified by 
this AD are intended to detect and correct chafing and/or arcing boost 
pump wiring, which could result in arcing within the wing fuel storage 
system. Such failure could lead to ignition of explosive vapor within 
the fuel storage system.

DATES: This AD becomes effective on May 31, 2002.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the regulation as of May 
31, 2002.
    The Federal Aviation Administration (FAA) must receive any comments 
on this rule on or before July 8, 2002.

ADDRESSES: Submit comments to FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2002-CE-17-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106. You may view any 
comments at this location between 8 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays. You may also send comments 
electronically to the following address: [email protected]. 
Comments sent electronically must contain ``Docket No. 2002-CE-17-AD'' 
in the subject line. If you send comments electronically as attached 
electronic files, the files must be formatted in Microsoft Word 97 for 
Windows or ASCII text.
    You may get the service information referenced in this AD from 
Cessna Aircraft Company, Product Support, P.O. Box 7706, Wichita, 
Kansas 67277; telephone: (316) 517-5800; facsimile: (316) 942-9006. You 
may view this information at FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2002-CE-17-AD, 901 
Locust, Room 506, 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: Robert Adamson, Aerospace Engineer, 
FAA, Wichita Aircraft Certification Office, 1801 Airport Road, Room 
100, Wichita, Kansas 67209; telephone: 316-946-4145; facsimile: 316-
946-4407.

SUPPLEMENTARY INFORMATION:

Discussion

What Events Have Caused This AD?

    The FAA has received evidence of chafing and/or arcing of the 
electrical wiring leading to the fuel boost pump reservoir. Further 
investigation revealed confirmed reports of chafing and/or arcing of 
the fuel boost pump wiring inside the fuel pump reservoir that supplies 
fuel to each engine.

What Are the Consequences if the Condition Is Not Corrected?

    This condition, if not corrected, could result in ignition of 
explosive vapor within the fuel storage system.

[[Page 31118]]

Is There Service Information That Applies to This Subject?

    Cessna has issued Conquest Service Bulletin No. CQB02-1R1, Revision 
1, dated April 22, 2002.
    The service bulletin includes procedures for:

--Inspecting the 5718106-1 wire harness and fuel boost pump lead wires 
for chafing or damage; and
--Repairing or replacing the chafed or damaged wiring as necessary.

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

What Has FAA Decided?

    The FAA has 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 Cessna Model CESSNA 441 airplanes of the same type 
design;
--The actions specified in the previously-referenced service 
information (as specified in this AD) should be accomplished on the 
affected airplanes; and
--AD action should be taken in order to correct this unsafe condition.

What Does This AD Require?

    This AD requires you to: (1) Do a one-time inspection of the 
electrical wiring going to the fuel boost pump reservoir and the boost 
pump wiring inside the reservoir, and (2) repair or replace the wiring 
as necessary.
    In preparation of this rule, we contacted type clubs and aircraft 
operators to obtain technical information and information on 
operational and economic impacts. We did not receive any information 
through these contacts. If received, we would have included, in the 
rulemaking docket, a discussion of any information that may have 
influenced this action.
    The FAA is not including a repetitive inspection requirement in 
this AD. The Administrative Procedure Act does not permit the FAA to 
``bootstrap'' a long-term requirement into an urgent safety of flight 
action where the rule becomes effective at the same time the public has 
the opportunity to comment. The short-term action and the long-term 
action are analyzed separately for justification to bypass prior public 
notice.
    After issuing this AD, the FAA may initiate further AD action 
(notice of proposed rulemaking followed by a final rule) to require 
these inspections to be repetitive. Credit will be given in any 
subsequent action for the initial inspection done under this AD.

Will I Have the Opportunity To Comment Prior to the Issuance of the 
Rule?

    Because the unsafe condition described in this document could 
result in ignition of explosive vapor within the fuel storage system, 
we find that notice and opportunity for public prior comment are 
impracticable. Therefore, good cause exists for making this amendment 
effective in less than 30 days.

Comments Invited

How Do I Comment on This AD?

    Although this action is in the form of a final rule and was not 
preceded by notice and opportunity for public comment, FAA invites your 
comments on the 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 to the address specified under the caption 
ADDRESSES. We will consider all comments received on or before the 
closing date specified above. We may amend this rule in light of 
comments received. Factual information that supports your ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether we need to take additional rulemaking 
action.

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

    We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. You may view all comments we receive 
before and after the closing date of 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 this AD.

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. 2002-CE-17-AD.'' We will date stamp and mail 
the postcard back to you.

Compliance Time of This AD

What Is the Compliance Time of This AD?

    The compliance time of this proposed AD is within the next 25 hours 
time-in-service (TIS) or 60 calendar days, whichever occurs first, 
after the effective date of this AD.

Why Is the Compliance Time of This AD Presented in Both Hours TIS and 
Calendar Time?

    The affected airplanes are used in general aviation operations. 
Those operators may accumulate 25 hours TIS on the airplane in less 
than 60 calendar days and many owners have numerous affected airplanes. 
We have determined that the dual compliance time:

--Gives all owners/operators of the affected airplanes adequate time to 
schedule and do the actions in this AD; and
--Ensures that the unsafe condition referenced in this AD will be 
corrected within a reasonable time period without inadvertently 
grounding any of the affected airplanes.

Regulatory Impact

Does This AD Impact Various Entities?

    These regulations will 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, FAA has determined that this 
final rule does not have federalism implications under Executive Order 
13132.

Does This AD Involve a Significant Rule or Regulatory Action?

    We have 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, under 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:

[[Page 31119]]

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:

2002-09-13  Cessna Aircraft Company: Amendment 39-12746; Docket No. 
2002-CE-17-AD.

    (a) What airplanes are affected by this AD? This AD applies to 
the following airplane models and serial numbers that are 
certificated in any category:

------------------------------------------------------------------------
              Model                             Serial Nos.
------------------------------------------------------------------------
CESSNA 441......................  0001 through 0362; and 698.
------------------------------------------------------------------------

    (b) Who must comply with this AD? Anyone who wishes to operate 
any of the airplanes identified in paragraph (a) of this AD must 
comply with this AD.
    (c) What problem does this AD address? The actions specified by 
this AD are intended to detect and correct chafing and/or arcing 
boost pump wiring, which could result in arcing within the wing fuel 
system. Such failure could lead to ignition of explosive vapor 
within the fuel storage system.
    (d) What must I do to address this problem? To address this 
problem, you must accomplish the following actions:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Inspect the 5718106-1     Within the next 25    In accordance with
 wire harness and fuel boost   hours time-in-        Cessna Conquest
 pump lead wires for chafing   service (TIS) after   Service Bulletin
 or damage.                    May 31, 2002 (the     No.: CQB02-1R1,
                               effective date of     Revision 1, dated
                               this AD) or 60 days   April 22, 2002.
                               after May 31, 2002
                               (the effective date
                               of this AD),
                               whichever occurs
                               first.
------------------------------------------------------------------------
(2) If any wire harness or    Before further        In accordance with
 fuel boost pump lead wires    flight, after the     Cessna Conquest
 are found chafed or damaged   inspection required   Service Bulletin
 during the inspection         in paragraph (d)(1)   No.: CQB02-1R1,
 required in paragraph         of this AD.           Revision 1, dated
 (d)(1) of this AD, repair                           April 22, 2002.
 or replace the harness or
 lead wires.
------------------------------------------------------------------------

    (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, Wichita 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.

    Note: 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 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) Where can I get information about any already-approved 
alternative methods of compliance? Contact Robert Adamson, Aerospace 
Engineer, FAA, Wichita Aircraft Certification Office, 1801 Airport 
Road, Room 100, Wichita, Kansas 67209; telephone: 316-946-4145; 
facsimile: 316-946-4407.
    (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 accomplish the requirements of this AD.
    (h) Are any service bulletins incorporated into this AD by 
reference? Actions required by this AD must be done in accordance 
with Cessna Conquest Service Bulletin No. CQB02-1R1, Revision 1, 
dated April 22, 2002. The Director of the Federal Register approved 
this incorporation by reference under 5 U.S.C. 552(a) and 1 CFR part 
51. You can get copies from Cessna Aircraft Company, Product 
Support, P.O. Box 7706, Wichita, Kansas 67277; telephone: (316) 517-
5800; facsimile: (316) 942-9006. You may view this information at 
FAA, Central Region, Office of the Regional Counsel, 901 Locust, 
Room 506, Kansas City, Missouri, or at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
    (i) When does this amendment become effective? This amendment 
becomes effective on May 31, 2002.

    Issued in Kansas City, Missouri, on May 1, 2002.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 02-11523 Filed 5-8-02; 8:45 am]
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