[Federal Register Volume 69, Number 101 (Tuesday, May 25, 2004)]
[Proposed Rules]
[Pages 29672-29673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11705]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket Nos. 2002-CE-05-AD and 2002-CE-57-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Proposed rules; Withdrawal.

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SUMMARY: This document withdraws two notices of proposed rulemaking 
(NPRMs) that would have applied to Cessna Aircraft Company (Cessna) 
Models 401, 401A, 401B, 402, 402A, 402B, 402C, 411, 411A, and 414A 
airplanes. The proposed ADs would have superseded existing ADs and 
would have required you to repetitively inspect the wing spar caps of 
all airplanes for fatigue cracks and repair or replace as necessary and 
incorporate a spar strap modification on each wing spar on certain 
airplanes. The FAA has decided not to issue the new ADs as proposed. We 
will propose ADs after alternative solutions are developed.

ADDRESSES: You may view the AD dockets at FAA, Central Region, Office 
of the Regional Counsel, Attention: Rules Docket No. 2002-CE-05-AD or 
Rules Docket No. 2002-CE-57-AD, 901 Locust, Room 506, Kansas City, 
Missouri 64106. Office hours are 8 a.m. to 4 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION 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.

[[Page 29673]]


SUPPLEMENTARY INFORMATION:

Discussion

    What action has FAA taken to date? We issued proposals to amend 
part 39 of the Federal Aviation Regulations (14 CFR part 39) to include 
two ADs that would apply to Cessna Models 401, 401A, 401B, 402, 402A, 
402B, 402C, 411, and 411A, 414A airplanes. These proposals (Docket Nos. 
2002-CE-05-AD and 2002-CE-57-AD) were published in the Federal Register 
as notices of proposed rulemaking (NPRMs) on May 15, 2003 (68 FR 26239 
and 68 FR 26244). The NPRMs proposed the following:
     Docket No. 2002-CE-05-AD: applies to Cessna Models 401, 
401A, 401B, 402, 402A, 402B, 411, and 411A airplanes and proposed to 
supersede AD 79-10-15 R2 with a new AD that would require one of the 
following (depending on the aircraft configuration):

--For airplanes that do not incorporate one of the specified Cessna 
Service Kits: Repetitively inspect the wing spar caps for fatigue 
cracks and repair or replace the wing spar caps as necessary and 
incorporate a spar strap modification on each wing spar; or
--For airplanes that incorporate one of the specified Cessna Service 
Kits: Repetitively inspect the wing spar caps for fatigue cracks and 
repair or replace the wing spar caps as necessary.

     Docket No. 2002-CE-57-AD: applies to Cessna Models 402C 
and 414A airplanes and proposed to supersede AD 2000-23-01 with a new 
AD that would require you to:

--Inspect the wing spar caps for fatigue cracks;
--Repair or replace the wing spar caps as necessary; and
--Incorporate a spar strap modification on each wing spar.

    Was the public invited to comment? The FAA invited interested 
persons to participate in the making of these amendments during the 
original 75-day comment periods. We extended the comment periods for 
another 30 days and then reopened the comment periods for another 60 
days. We received numerous comments on the NPRMs.
    In addition, we held a public meeting on March 3 and 4, 2004, in 
Herndon, Virginia. The public meeting allowed an open flow of 
communication among the FAA, the public, and industry on issues related 
to the NPRMs.
    What is FAA's determination of the best course of action? After 
analyzing all information related to this subject, the FAA has decided 
not to issue the ADs as proposed. We have determined that the best way 
to address the unsafe condition is for FAA, the public, and industry to 
develop alternative solutions to address the unsafe condition. We will 
repropose ADs after alternative solutions are developed.

Future Action

    Does this mean the FAA cannot take regulatory action in the future? 
No. Withdrawal of these NPRMs does not prevent us from issuing other 
regulatory action in the future, and it does not commit us to any 
future action. In fact, we plan to propose and issue further rulemaking 
on this subject after alternative solutions are identified and 
developed. We fully expect one of the options in such a proposed action 
would be the incorporation of the Cessna service information and 
repetitive inspections with appropriate compliance schedules.
    How can I be part of the solution? The FAA, the public, and 
industry need to continue the discussion on this issue. The FAA is 
planning a second public meeting. Details of this meeting will be 
published in the Federal Register and made available on the Internet.

Regulatory Impact

    Does this AD involve a significant rule or regulatory action? Since 
this action only withdraws two proposed ADs, it is not an AD and, 
therefore, is not covered under Executive Order 12866, the Regulatory 
Flexibility Act, or DOT Regulatory Policies and Procedures (44 FR 
11034, February 26, 1979).

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Withdrawal

    Accordingly, FAA withdraws the following notices of proposed 
rulemaking:
     Docket No. 2002-CE-05-AD, which was published in the 
Federal Register on May 15, 2003 (68 FR 26239); and
     Docket No. 2002-CE-57-AD, which was published in the 
Federal Register on May 15, 2003 (68 FR 26244).

    Issued in Kansas City, Missouri, on May 18, 2004.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-11705 Filed 5-24-04; 8:45 am]
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