[Federal Register Volume 68, Number 218 (Wednesday, November 12, 2003)]
[Proposed Rules]
[Pages 64002-64006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28324]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-65-AD]
RIN 2120-AA64


Airworthiness Directives; Cessna Model 500, 501, 550, and 551 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Supplemental notice of proposed rulemaking; reopening of 
comment period.

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SUMMARY: This document revises an earlier proposed airworthiness 
directive (AD); applicable to certain Cessna Model 500, 501, 550, and 
551 airplanes; that would have required inspection of the piston 
housing for an ``SB'' impression stamp; a one-time inspection of the 
brake assembly to detect cracked or broken brake stator disks; and 
replacement of the brake assembly with a new or serviceable assembly, 
if necessary. This new action revises the proposed rule by eliminating 
the inspection of the brake assembly to determine if the letters ``SB'' 
have been impression-stamped on the piston housing, and, instead, 
requiring a one-time inspection of the brake stator disks to determine 
to what change level they have been modified (if any), and follow-on 
actions if necessary. This new proposed AD would also require that the 
existing markings on the piston housing of certain brake assemblies be 
eliminated. The actions specified by this new proposed AD are intended 
to prevent wheel lockups that may be caused by cracked or broken brake 
stator disks becoming jammed in the brake assembly and preventing 
rotation. Such jamming of the brake assembly may result in reduced 
directional control or braking performance during landing. This action 
is intended to address the identified unsafe condition.

DATES: Comments must be received by December 8, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-65-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
9-anm-

[[Page 64003]]

[email protected]. Comments sent via fax or the Internet must contain 
``Docket No. 2000-NM-65-AD'' in the subject line and need not be 
submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 or 2000 or 
ASCII text.
    The service information referenced in the proposed rule may be 
obtained from Cessna Aircraft Co., P.O. Box 7706, Wichita, Kansas 
67277. This information may be examined at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the FAA, 
Wichita Aircraft Certification Office, 1801 Airport Road, Room 100, 
Mid-Continent Airport, Wichita, Kansas 67209.

FOR FURTHER INFORMATION CONTACT: David Hirt, Aerospace Engineer, 
Systems and Propulsion Branch, ACE-116W, Wichita Aircraft Certification 
Office, 1801 Airport Road, Room 100, Mid-Continent Airport, Wichita, 
Kansas 67209; telephone (316) 946-4156; fax (316) 946-4407.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall 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, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this action may be changed in 
light of the comments received.
    Submit comments using the following format:
    [sbull] Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
    [sbull] For each issue, state what specific change to the proposed 
AD is being requested.
    [sbull] Include justification (e.g., reasons or data) for each 
request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed 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 summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2000-NM-65-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2000-NM-65-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to add an airworthiness directive (AD); applicable to 
certain Cessna Model 500, 501, 550, and 551 airplanes; was published as 
a notice of proposed rulemaking (NPRM) in the Federal Register on 
September 7, 2000 (65 FR 54182). That NPRM would have required 
inspection of the piston housing for an ``SB'' impression stamp; a one-
time inspection of the brake assembly to detect cracked or broken brake 
stator disks; and replacement of the brake assembly with a new or 
serviceable assembly, if necessary. That NPRM was prompted by several 
reports of wheel lockups that appear to be caused by cracked or broken 
brake stator disks becoming jammed in the brake assembly and preventing 
rotation. Such jamming of the brake assembly may result in reduced 
directional control or braking performance during landing.

Actions Since Issuance of Previous Proposal

    Since the issuance of that NPRM, BFGoodrich has issued Goodrich 
Service Bulletins 2-1528-32-2 (for airplanes equipped with BFGoodrich 
brake assembly part number (P/N) 2-1528-6) and 2-1530-32-2 (for 
airplanes equipped with BFGoodrich brake assembly P/N 2-1530-4), both 
Revision 5, both dated February 19, 2003. (The original NPRM refers to 
BFGoodrich Service Bulletins 2-1528-32-2 and 2-1530-32-2, both Revision 
1, both dated February 3, 2000, as the appropriate source of service 
information for the actions proposed by that NPRM.) Revision 5 of the 
service bulletins eliminates the inspection of the brake assembly to 
determine if the letters ``SB'' have been impression-stamped on the 
piston housing. That action was described in earlier revisions of the 
service bulletins, and in paragraph (a) of the original NPRM, as a 
method of determining whether it was necessary to inspect the brake 
stator disks for cracking. Since the issuance of the original NPRM, it 
has been determined that ``SB'' may be stamped on the piston housing of 
certain brake assemblies having stator disks that must be inspected for 
cracking. Thus, it is necessary to inspect all stator disks installed 
on BFGoodrich brake assemblies having P/N 2-1528-6 or 2-1530-4 to 
determine whether they are impression-stamped with ``CHG AI'' or with a 
change letter ``B'' or higher, and to inspect for cracking of subject 
stator disks and replace them if necessary.
    Also since the issuance of the original NPRM, BFGoodrich has issued 
service bulletins 2-1528-32-3 (for BFGoodrich brake assembly P/N 2-
1528-6) and 2-1530-32-3 (for BFGoodrich brake assembly P/N 2-1530-4), 
both dated March 23, 2000. Those service bulletins apply to BFGoodrich 
brake assemblies having P/N 2-1528-6 or 2-1530-4 that are used as spare 
parts. The service bulletins describe procedures for an inspection of 
the stator disks installed on those brake assemblies to determine 
whether they are impression-stamped with ``CHG AI'' or with a change 
letter ``B'' or higher, and replacement of subject stator disks with 
new disks.
    Accomplishment of the actions specified in the applicable service 
bulletin is intended to adequately address the identified unsafe 
condition.

Differences Between Service Bulletins and Supplemental NPRM

    This supplemental NPRM differs from the service bulletins in that 
for any stator disk not stamped with ``CHG AI'' or ``CHG B'' or a 
higher change letter, if the piston housing is impression-stamped with 
the letters ``SB,'' this supplemental NPRM would require that the 
existing markings on the piston housing be removed by stamping ``XX'' 
over the letters ``SB.'' Though the service bulletin does not specify 
this action, we find that it is necessary to require this action to 
ensure that it is evident that the actions proposed by this 
supplemental NPRM have been accomplished on the affected parts.
    This supplemental NPRM also differs from the service bulletins in 
that it would require accomplishing an initial inspection to determine 
the change letter of the brake stator disks within 50 landings or 90 
days after the effective date of this AD, whichever occurs first. We 
find that this compliance time is consistent with that proposed in the 
original NPRM and is adequate to ensure the continued flight safety of 
the affected airplane fleet. For any stator disk not stamped with ``CHG 
AI'' or

[[Page 64004]]

``CHG B'' or a higher change letter, the compliance time for the 
detailed inspection for cracked or broken stator disks is consistent 
with the compliance time given in the service bulletin for those 
actions.

Comments

    Due consideration has been given to the comments received from a 
single commenter in response to the original NPRM.

Request To Clarify Proposed Requirement

    The commenter requests that the FAA revise paragraph (b) of the 
original NPRM to specify that the requirements of that paragraph need 
only be accomplished if ``SB'' is not impression-stamped on the piston 
housing. The commenter states that this would provide necessary 
clarification.
    We do not concur. As explained previously, we have determined that 
even if ``SB'' is impression-stamped on the piston housing, all subject 
brake assemblies must be inspected to ensure that all stator disks are 
impression-stamped with ``CHG AI'' or with a change letter ``B'' or 
higher. We have made no change to the supplemental NPRM in this regard, 
other than the changes associated with the new service information 
described previously.

Request To Withdraw NPRM

    The commenter, the brake manufacturer, believes that the current 
inspection criteria and fleet compliance has reasonably addressed the 
issue of broken brake stator disks and that the proposed AD is not 
required. The commenter makes the following statements to justify its 
request:
    [sbull] A reduction in the repetitive interval for replacing brakes 
on airplanes operated in the most severe conditions appears to have 
greatly reduced the occurrence of stator failures.
    [sbull] Since the issuance of the BFGoodrich service bulletins 
referenced in the original NPRM, the commenter is not aware of any 
additional reports of locked wheels caused by broken brake stator 
disks.
    [sbull] Brakes and brake stator disks in spares inventories have 
been addressed through the issuance of BFGoodrich Service Bulletins 2-
1528-32-3 and 2-1530-32-3.
    [sbull] Operators of subject airplanes have been briefed about the 
problem of cracked or broken brake stator disks.
    [sbull] Cessna reports that 70 percent of the worldwide fleet of 
affected airplanes have already complied with the actions that would be 
required by the proposed AD.
    We acknowledge the facts presented by the commenter. However, we do 
not agree that it is appropriate to withdraw the proposed AD. It is 
necessary to issue an AD to ensure that all affected airplanes are 
inspected and that the necessary corrective actions are accomplished to 
eliminate the unsafe condition. In addition, issuance of an AD also 
assists us in meeting our obligation to advise other civil 
airworthiness authorities of unsafe conditions identified in products 
manufactured in the United States, in accordance with various bilateral 
airworthiness agreements with countries around the world. Therefore, it 
is both warranted and necessary to issue this AD.

Request for Information on Additional Incidents

    The commenter notes that it is aware of 3 reports of a locked wheel 
and 16 reports of broken stator disks. The commenter asks the FAA to 
provide it with information on additional reports of incidents of 
locked wheels resulting from broken brake stator disks.
    We have not received any reports of locked wheels resulting from 
broken brake stator disks other than those noted by the commenter. We 
have made no change to the supplemental NPRM in this regard.

Request To Revise Cost Impact

    The commenter requests that the cost information in the original 
NPRM be revised to reflect exactly the cost information provided in the 
relevant BFGoodrich service bulletins. We do not concur. It is our 
practice to round up work hour figures to a whole number, which is how 
we arrived at the work hour estimates provided in the original NPRM. We 
have made no change to the supplemental NPRM in this regard.

Explanation of Additional Change to Original NPRM

    For clarification and to reflect model designations in the most 
recent revision of the Type Certificate Data Sheet for the affected 
airplanes, we have revised all references to ``Cessna Model 500 series 
airplanes'' in the original NPRM to refer to ``Cessna Model 500, 501, 
550, and 551 airplanes'' in this supplemental NPRM.

Conclusion

    Since the changes related to the newly issued service information 
expand the scope of the originally proposed rule, we have determined 
that it is necessary to reopen the comment period to provide additional 
opportunity for public comment.

Changes to 14 CFR Part 39/Effect on the Proposed AD

    On July 10, 2002, we issued a new version of 14 CFR part 39 (67 FR 
47997, July 22, 2002), which governs our AD system. This regulation now 
includes material that relates to altered products, special flight 
permits, and alternative methods of compliance (AMOCs). Because we have 
now included this material in part 39, only the office authorized to 
approve AMOCs is identified in each individual AD. Therefore, in this 
supplemental NPRM, we have removed Note 1 and paragraph (d) and revised 
paragraph (c) of the original NPRM.

Change to Labor Rate Estimate

    Since the issuance of the original NPRM, we have reviewed the 
figures we have used over the past several years to calculate AD costs 
to operators. To account for various inflationary costs in the airline 
industry, we find it necessary to increase the labor rate used in these 
calculations from $60 per work hour to $65 per work hour. The cost 
impact information, below, reflects this increase in the specified 
hourly labor rate.

Cost Impact

    There are approximately 370 airplanes of the affected design in the 
worldwide fleet. We estimate that 259 airplanes of U.S. registry would 
be affected by this proposed AD. It would take up to 1 work hour per 
airplane to accomplish the proposed inspection if the inspection were 
done at the time of a tire change and up to 4 work hours per airplane 
if the inspection were done at a different time, at an average labor 
rate of $65 per work hour. Based on these figures, the cost impact of 
the proposed AD on U.S. operators is estimated to be $16,835, or $65 
per airplane, for inspections of the brake assembly done at the time of 
a tire change; or up to $67,340, or $260 per airplane, for inspections 
done at a different time.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the proposed requirements 
of this AD action, and that no operator would accomplish those actions 
in the future if this AD were not adopted. The cost impact figures 
discussed in AD rulemaking actions represent only the time necessary to 
perform the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up,

[[Page 64005]]

planning time, or time necessitated by other administrative actions.

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 proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that this proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the 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 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, Safety.

The Proposed Amendment

    Accordingly, pursuant to 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. Section 39.13 is amended by adding the following new 
airworthiness directive:

Cessna Airplane Company: Docket 2000-NM-65-AD.

    Applicability: Model 500 and 501 airplanes, serial numbers 0001 
through 0689 inclusive, and Model 550 and 551 airplanes, serial 
numbers 0002 through 0733 inclusive; certificated in any category; 
equipped with BFGoodrich brake assembly part number (P/N) 2-1528-6 
or 2-1530-4.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent jamming of the wheel/tire assembly, which could 
result in a loss of directional control or braking performance upon 
landing, accomplish the following:

Inspection of Stator Disks for Change Letter

    (a) Within 50 landings or 90 days after the effective date of 
this AD, whichever is first, inspect the stator disks on the brake 
assembly to determine if ``CHG AI'' or ``CHG B'' or a higher change 
letter is impression-stamped on each disk, in accordance with 
Goodrich Service Bulletin 2-1528-32-2, Revision 5 (for airplanes 
equipped with BFGoodrich brake assembly P/N 2-1528-6), or Goodrich 
Service Bulletin 2-1530-32-2, Revision 5, (for airplanes equipped 
with BFGoodrich brake assembly P/N 2-1530-4), both dated February 
19, 2003, as applicable. If both disks are stamped with ``CHG AI'' 
or ``CHG B'' or a higher change letter, no further action is 
required by this paragraph. Instead of inspecting the stator disks, 
a review of airplane maintenance records is acceptable if the change 
letter of the stator disks can be positively determined from that 
review.

Inspection for Cracked or Broken Stator Disks

    (b) For any stator disk not stamped with ``CHG AI'' or ``CHG B'' 
or a higher change letter: At the applicable compliance time 
specified in paragraph (b)(1) or (b)(2) of this AD, perform a 
detailed inspection for cracked or broken stator disks; in 
accordance with Goodrich Service Bulletin 2-1528-32-2 (for airplanes 
equipped with BFGoodrich brake assembly P/N 2-1528-6), or Goodrich 
Service Bulletin 2-1530-32-2 (for airplanes equipped with BFGoodrich 
brake assembly P/N 2-1530-4), both Revision 5, both dated February 
19, 2003; as applicable.
    (1) For airplanes that use thrust reversers: Inspect prior to 
the accumulation of 376 total landings on the brake assembly, or 
within 50 landings after the effective date of this AD, whichever is 
later.
    (2) For airplanes that do not use thrust reversers: Inspect 
prior to the accumulation of 200 total landings on the brake 
assembly, or within 25 landings after the effective date of this AD, 
whichever is later.

    Note 1: For the purposes of this AD, a detailed inspection is 
defined as: ``An intensive visual examination of a specific 
structural area, system, installation, or assembly to detect damage, 
failure, or irregularity. Available lighting is normally 
supplemented with a direct source of good lighting at intensity 
deemed appropriate by the inspector. Inspection aids such as mirror, 
magnifying lenses, etc., may be used. Surface cleaning and elaborate 
access procedures may be required.''

Follow-On Actions (No Cracked or Broken Stator Disk)

    (c) If no cracked or broken stator disk is found, before further 
flight, reassemble the brake assembly and, if the piston housing is 
impression-stamped with the letters ``SB,'' obliterate the existing 
markings on the piston housing by stamping ``XX'' over the letters 
``SB.'' If paragraph E.(3)(a) or E.(3)(b), as applicable, of 
Goodrich Service Bulletin 2-1528-32-2 (for airplanes equipped with 
BFGoodrich brake assembly P/N 2-1528-6), or Goodrich Service 
Bulletin 2-1530-32-2 (for airplanes equipped with BFGoodrich brake 
assembly P/N 2-1530-4), both Revision 5, both dated February 19, 
2003; as applicable; specifies repetitive inspections, repeat the 
inspection required by paragraph (b) of this AD at intervals not to 
exceed those specified in the service bulletin, until paragraph (e) 
of this AD is accomplished.

Corrective Action (Cracked or Broken Stator Disk)

    (d) If any cracked or broken stator disk is found, prior to 
further flight, replace the brake assembly with a new or serviceable 
brake assembly; in accordance with Goodrich Service Bulletin 2-1528-
32-2 (for airplanes equipped with BFGoodrich brake assembly P/N 2-
1528-6), or Goodrich Service Bulletin 2-1530-32-2 (for airplanes 
equipped with BFGoodrich brake assembly P/N 2-1530-4), both Revision 
5, both dated February 19, 2003; as applicable. If repetitive 
inspections are required per paragraph (c) of this AD, such 
replacement terminates those inspections.

Replacement of Brake Assembly

    (e) When the brake assembly has accumulated 700 total landings 
since its installation or within 50 landings on the airplane after 
the effective date of this AD, whichever is later, replace the brake 
assembly with a new or serviceable brake assembly; in accordance 
with Goodrich Service Bulletin 2-1528-32-2 (for airplanes equipped 
with BFGoodrich brake assembly P/N 2-1528-6), or Goodrich Service 
Bulletin 2-1530-32-2 (for airplanes equipped with BFGoodrich brake 
assembly P/N 2-1530-4), both Revision 5, both dated February 19, 
2003; as applicable. If repetitive inspections are required per 
paragraph (c) of this AD, such replacement terminates those 
inspections.

Parts Installation

    (f) As of the effective date of this AD, no person may install a 
BFGoodrich brake assembly on any airplane unless it has been 
inspected as specified in paragraph (f)(1) or (f)(2) of this AD, and 
found to be free of cracked or broken stator disks.
    (1) For BFGoodrich brake assembly P/N 2-1528-6: Brake assembly 
must be inspected in accordance with paragraphs (a) and (b) of this 
AD, as applicable, in accordance with the service information 
specified in those paragraphs or BFGoodrich Service Bulletin 2-1528-
32-3, dated March 23, 2000.
    (2) For BFGoodrich brake assembly P/N 2-1530-4: Brake assembly 
must be inspected in accordance with paragraphs (a) and (b) of this 
AD, as applicable, in accordance with the service information 
specified in those paragraphs or BFGoodrich Service Bulletin 2-1530-
32-3, dated March 23, 2000.

Alternative Methods of Compliance

    (g) In accordance with 14 CFR 39.19, the Manager, Wichita 
Aircraft Certification Office (ACO), FAA, is authorized to approve 
alternative methods of compliance for this AD.


[[Page 64006]]


    Issued in Renton, Washington, on November 4, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-28324 Filed 11-10-03; 8:45 am]
BILLING CODE 4910-13-P