[Federal Register Volume 69, Number 17 (Tuesday, January 27, 2004)]
[Proposed Rules]
[Pages 3865-3867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1658]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-CE-05-AD and Docket No. 2002-CE-57-AD]
RIN 2120-AA64


Airworthiness Directives; Cessna Aircraft Company Models 401, 
401A, 401B, 402, 402A, 402B, 402C, 411, and 411A, and 414A Airplanes; 
Notice of Public Meeting

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of public meeting; reopening of the comment periods.

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SUMMARY: This document reopens the comment periods and announces a 
public meeting on the subject proposed airworthiness directives (ADs) 
that would apply to Cessna Aircraft Company (Cessna) Models 401, 401A, 
401B, 402, 402A, 402B, 402C, 411, and 411A, and 414A airplanes. The 
proposed ADs would supersede existing ADs and would require you to 
repetitively inspect the wing spar caps for fatigue cracks with any 
necessary repair or replacement on all airplanes and incorporate a spar 
strap modification on each wing spar on certain airplanes. The purpose 
of the meeting is to discuss technical issues and proposed corrective 
actions related to our determination that AD actions are necessary to 
prevent wing spar cap failure due to undetected fatigue cracks. Such 
failure could result in loss of a wing with consequent loss of airplane 
control. We are reopening the comment period to facilitate collection 
and consideration of data that concerns the technical issues. We are 
also seeking information about possible corrective actions other than 
those in the proposed ADs.

DATES: The Federal Aviation Administration (FAA) will hold the public 
meeting on March 3 and 4, 2004, starting at 9 a.m. both days, at the 
Hilton, Washington Dulles Airport, in Herndon, Virginia.
    Registration will begin at 8:30 a.m. on the first day of the 
meeting.
    We must receive any comments on these proposed rules on or before 
April 5, 2004.

ADDRESSES: We will hold the public meeting at the Hilton, Washington 
Dulles Airport, 13869 Park Center Road, Herndon, Virginia 20171.
    If you are unable to attend, you may mail comments (clearly marked 
with the docket numbers) to FAA, Central

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Region, Office of the Regional Counsel, Attention: Rules Docket No. 
2002-CE-05-AD and Docket No. 2002-CE-57-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-05-AD and Docket No. 2002-CE-57-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.
    We will give the same consideration to those comments mailed to us 
as those presented at the public meeting.

FOR FURTHER INFORMATION CONTACT:  For Requests to 
Present a Statement at the Meeting: Contact Marv Nuss, Aerospace 
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas 
City, Missouri 64106; telephone: (816) 329-4117; facsimile: (816) 329-
4090; e-mail: [email protected].
     For Questions Regarding the Proposed ADs: 
Contact Paul Nguyen, Aerospace Engineer, FAA, Wichita Aircraft 
Certification Office, 1801 Airport Road, Mid-Continent Airport, 
Wichita, Kansas 67209; telephone: (316) 946-4125; facsimile: (316) 946-
4107.
     For Requests for Special Accommodations: Contact 
Barbara Pisaro, FAA, Aircraft Certification Service, 800 Independence 
Ave. SW., Washington, DC 20591; telephone: (202) 267-3827; facsimile: 
(202) 267-5364.

SUPPLEMENTARY INFORMATION:

Participation at the Public Meeting on the Proposed ADs

    What must I do to make a presentation at the meeting? If you would 
like to make a presentation at the meeting, make your request to FAA no 
later than 10 days prior to the meeting. Submit these requests to Mr. 
Marv Nuss as listed in the FOR FURTHER INFORMATION CONTACT section of 
this document. You must include a written summary of your presentation 
with a time estimate of your presentation.
    Will FAA prepare an agenda? We will prepare an agenda for this 
meeting. To accommodate all presenters, we may allocate less time for 
your presentation than you requested. If you request to present after 
the deadline, we will schedule your presentation as time is available. 
However, your name may not appear on the agenda.
    What if I need special equipment? You should include in your 
presentation request any special audiovisual equipment that you need. 
We will accommodate reasonable requests.

Background

    Why has the FAA proposed airworthiness directive (AD) action (AD 
Docket Nos. 2002-CE-05-AD and 2002-CE-57-AD) on the wing spars of the 
Cessna 400 series airplanes beyond what is already currently required? 
The following briefly summarizes why we are proposing AD actions on 
this subject. For more detailed information, reference the notice of 
proposed rulemakings (NPRMs), Docket No. 2002-CE-05-AD (68 FR 26239, 
May 15, 2003) and Docket No. 2002-CE-57-AD (68 FR 26244, May 15, 2003):
     The FAA has service history of cracks in the 
wing spars of numerous airplanes since the late 1970s. The most recent 
was a fatal wing separation accident in 1999.
     Fatigue analysis performed by Cessna and the FAA 
shows that the wing spars of Cessna 400 series airplanes could fail if 
not modified.
     The primary safety concern is that once a crack 
starts in the spar cap, it grows to critical length before it can be 
detected by current nondestructive inspection (NDI) methods. At the 
critical length, the crack is still under the fastener head.
     The NDI methods used by current AD and 
maintenance programs are not detecting fatigue cracks and other damage. 
Cessna reported only one instance where cracks were detected using NDI 
procedures. There are other reported instances where cracks were 
detected visually in the wheel well area on the aft flange.
     The problem with visual inspections is the 
access doubler flanges cover a large percentage of the forward spar 
flange. This limits the effectiveness of the visual inspections.
    Will we have an additional opportunity to comment while FAA plans 
the public meeting? Yes. Based on the content of the comments and the 
interest in the rules expressed by various operators and other 
interested persons, we have determined that the comment periods for the 
NPRMs should be reopened in order to seek additional data.
    The comment periods will remain open until April 5, 2004, which is 
approximately one month after the public meeting.

Proprietary Data

    Will I be able to obtain a copy of Cessna's fatigue analysis at 
this meeting? No, although some of the information in the analysis will 
be discussed. Specific portions of the data used in the analysis are 
considered proprietary. The Trade Secret Act (18 U.S.C. section 1905) 
prohibits the disclosure of such data. The requirements of the 
Administrative Procedures Act (APA) do not allow us to bypass the Trade 
Secret Act.
    Because ADs address unsafe conditions associated with aeronautical 
products, we routinely evaluate proprietary data to determine if AD 
action is necessary. In determining whether we should include such 
material in the Rules Docket, FAA applies the standards developed under 
the Freedom of Information Act (FOIA; 5 U.S.C. section 552); in 
particular Exemption 4 (section 552(B)(4). Exemption 4 protects ``trade 
secrets and commercial or financial information obtained from a person 
and privileged or confidential.''
    When data is determined to meet the standards above, we do not 
place them in the Rules Docket. We retain them in a separate file that 
is not released to the public.
    Cessna's fatigue analysis meets the requirements of proprietary 
under the Trade Secret Act and Exemption 4 of the Freedom of 
Information Act.

Public Meeting Procedures

    What procedures should I follow for this public meeting? If you 
plan to attend the public meeting, please be aware of the following:
     There is no admission fee or other charge to 
attend or participate in this meeting. You are responsible for your own 
transportation and accommodations for the meeting. The meeting is open 
to all who requested in advance to present or who register on the day 
of the meeting. This is subject to availability of space in the meeting 
room.
     FAA representatives will conduct the meeting. We 
will have a panel of technical experts and managers to discuss 
information on the subject.
     The public meeting is intended as a forum to:
     Resolve questions that concern the approach used 
in our determination that AD action is necessary; and
     Seek additional data and supporting 
methodologies from industry, the general public, and operators. You 
must limit your presentation and submittals to data of this issue.
     The meeting will allow you to present additional 
information not currently available to FAA and an opportunity for FAA 
to explain to you the methodology and technical

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assumptions that support our conclusions.
     FAA experts, industry, and public participants 
are expected to hold a full discussion of all technical material 
presented at the meeting. If you present conclusions on this subject, 
you must submit data that supports your conclusions. All data will be 
part of the Rulemaking Dockets.
     We will try and accommodate all speakers. In 
order to do this, we may need to limit the time for presenters.
     We can make sign and oral interpretation 
available at the meeting, as well as an assistive listening device. If 
you need this assistance, make your request to FAA at least 10 days 
prior to the public meeting.
     A court reporter will record the discussions of 
the meeting. We will place the transcript of the meeting in the Rules 
Dockets. If you would like to purchase a copy of the transcript, you 
must contact the court reporter directly. We will provide further 
information at the meeting.
     We will review and consider all material 
presented. Position papers or materials that present views or 
information related to the proposed ADs may be accepted at the 
discretion of the presiding officer and placed in the Rules Dockets. 
The FAA requests that you provide 10 copies of all materials for 
distribution to the panel members. You have the choice on whether you 
want to present copies of the material to the audience.
     Panel member statements are intended to 
facilitate discussion of or to clarify issues. The FAA will consider 
comments made at this meeting before making a final decision on the 
issuance of any airworthiness directive.
     The meetings are designed to solicit public 
views and more complete information on the proposed ADs. Therefore, we 
will conduct the meeting in an informal and nonadversial manner.

    Issued in Kansas City, Missouri, on January 15, 2004.
Dorenda D. Baker,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 04-1658 Filed 1-26-04; 8:45 am]
BILLING CODE 4910-13-P