[Federal Register Volume 74, Number 91 (Wednesday, May 13, 2009)]
[Rules and Regulations]
[Pages 22429-22432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11029]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27747; Directorate Identifier 2007-CE-030-AD; 
Amendment 39-15904; AD 2009-10-09]
RIN 2120-AA64


Airworthiness Directives; Cessna Aircraft Company 150 and 152 
Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
Cessna Aircraft Company (Cessna) 150 and 152 series airplanes. This AD 
requires you to either install a placard prohibiting spins and other 
acrobatic maneuvers in the airplane or to replace the rudder stop, 
rudder stop bumper, and attachment hardware with a new rudder stop 
modification kit and replace the safety wire with jamnuts. This AD 
results from follow-on investigations of two accidents where the rudder 
was found in the over-travel position with the stop plate hooked over 
the stop bolt heads. While neither of the accident aircraft met type 
design, investigations revealed that aircraft in full conformity with 
type design can exceed the travel limits set by the rudder stops. We 
are issuing this AD to prevent the rudder from traveling past the 
normal travel limit. Operation in this non-certificated control 
position is unacceptable and could cause undesirable consequences, such 
as contact between the rudder and the elevator.

DATES: This AD becomes effective on June 17, 2009.
    On June 17, 2009, the Director of the Federal Register approved the 
incorporation by reference of certain publications listed in this AD.

ADDRESSES: To get the service information identified in this AD, 
contact Cessna Aircraft Company, Product Support, P.O. Box 7706, 
Wichita, KS 67277; telephone: (316) 517-5800; fax: (316) 517-7271; 
Internet: http://www.cessna.com.
    To view the AD docket, go to U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue, SE., Washington, DC 20590, or on the Internet at 
http://www.regulations.gov. The docket number is FAA-2007-27747; 
Directorate Identifier 2007-CE-030-AD.

FOR FURTHER INFORMATION CONTACT: Ann Johnson, Aerospace Engineer, FAA, 
Wichita Aircraft Certification Office, 1801 Airport Road, Room 100, 
Wichita, Kansas 67209; telephone: (316) 946-4105; fax: (316) 946-4107.

SUPPLEMENTARY INFORMATION:

Discussion

    On April 10, 2007, we issued a proposal to amend part 39 of the 
Federal Aviation Regulations (14 CFR part 39) to include an AD that 
would apply to certain Cessna Aircraft Company (Cessna) 150 and 152 
series airplanes. This proposal was published in the Federal Register 
as a notice of proposed rulemaking (NPRM) on April 16, 2007 (72 FR 
18925). The NPRM proposed to require replacement of the rudder stop, 
rudder stop bumper, and attachment hardware with a new rudder stop 
modification kit and replacement of the safety wire with jamnuts.

Comments

    We provided the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
and FAA's response to each comment:

Comment Issue No. 1: SAIB Instead of NPRM

    Joseph Morales, Gary Iverson, Sr., Al Roesner, Gerald D. Clark, Al 
Dyer, Neal Trullson, McBride Aircraft Group, Matthew M. Gosslein, 
Samuel K. McCauley, Robert E. Hackman from the Aircraft Owners and 
Pilots Association (AOPA), and Tom Carr from the Cessna Pilots 
Association (CPA) comment that the FAA should withdraw the NPRM and 
issue a special airworthiness information bulletin (SAIB). The 
commenters state that if the aircraft is properly maintained and 
rigged, then no problems exist; problems should easily be detected 
visually during routine maintenance; and a rudder system that is built 
and installed correctly is virtually impossible to jam. The commenters 
state adequate regulations and requirements are in place to assure the 
inspection of the rudder system is completed during annual or 100-hour 
inspections in 14 CFR part 43, Appendix D and in the Cessna service 
publication. In addition, the commenters point out the following:
     Two service difficulty reports were found but none for a 
jammed rudder.
     In the Ohio accident, the rudder stop was installed 
inverted, and the functionality of the stop configuration was 
compromised.
     If you remove the right rudder return spring and 
disconnect the right rudder control cable, then the left locked rudder 
event from the Canadian accident could be duplicated.
     The two accident airplanes were not airworthy prior to 
flight.
    The commenters further state that requiring replacement of the 
rudder stop, rudder stop bumper, attachment hardware, and substituting 
safety wire with jamnuts is an overreaction. The commenters request 
that the FAA withdraw the NPRM and issue an SAIB since the problem is 
with a very limited number of airplanes, specifically the Cessna Model 
152, and improper maintenance was cited as the cause of the two 
previously mentioned accidents. The commenters state the airplanes have 
flown for 51 years and thousands of hours with no previous problems, 
and installing the original equipment manufacturer (OEM) kit on 17,090 
domestic airplanes would put the airplanes at risk.
    We do not agree that this action should be an SAIB instead of an 
AD. While the two accident aircraft were not airworthy, the issue that 
needs to be corrected is a design issue, not a maintenance issue. 
Follow-on investigations did reveal that rudders on aircraft in full 
conformity with type design can exceed the travel limits set by the 
rudder stops. Operation in this non-certificated control position is 
unacceptable and could cause undesirable consequences. Markings on one 
accident aircraft correspond with previous contact between the rudder 
and elevator, and similar markings were noted on several in-service 
airplanes. We will change the final rule AD to provide another option 
in lieu of the actions in the proposed AD. For the new option, the 
limitations section in the airplane flight manual (AFM) and the pilots 
operating handbook (POH) must be changed to prohibit acrobatics. A 
placard would be displayed on the instrument panel in clear view of the 
pilot with the words ``INTENTIONAL SPINS AND OTHER ACROBATIC/AEROBATIC 
MANEUVERS PROHIBITED PER AD 2009-10-09.''
    We retain as an option the actions complying with the service 
information as specified in the proposed AD. After such action is done, 
the specified

[[Page 22430]]

operational limitations in the added option (if utilized) may be 
removed.
    We are changing the final rule AD action by adding language to 
address the option of the operational limitations.

Comment Issue No. 2: How Is Change Justified

    Cessna Aircraft Company states that the National Transportation 
Safety Board (NTSB) recommendation of mandating by AD the installation 
of the Cessna service kit would not have prevented the accidents. 
Cessna states that they have no data that indicates a flight or ground 
procedure can deflect the rudder stop to a position where the stop is 
behind the bolt. From the dirt in the accident photograph, Cessna 
believes forces generated in the accident moved the rudder relative to 
the rudder stop, and that is how it hooked behind the stop. Cessna 
states that in the Canadian accident the rudder was possibly pushed 
over the stop by hydrodynamic or inertia forces. Cessna notes that if 
both rudder pedals were pressed simultaneously, then the rudder stop 
would slip below the stop bolts and contact the fuselage skin without 
any tendency to jam; larger stops and bolts minimize this tendency. A 
Cessna service bulletin was issued in 2001 to address this concern. 
Cessna has no objection to adoption of an AD mandating installation of 
the service kit.
    We agree with Cessna that the rudder stop can slip below the stop 
bolts and contact the fuselage skin but will not jam. This slippage 
below the stop bolt is not acceptable, and we agree that the Cessna 
kits will prevent this from occurring. In addition (and more central to 
this AD), installing the kits will prevent the rudder from exceeding 
its travel limits, which will prevent contact between the rudder and 
the elevator. One of the options for addressing the unsafe condition in 
this AD is the installation of such kits.
    We are not changing the final rule AD action based on this comment.

Comment Issue No. 3: Cost Is Excessive

    Joseph Morales, Al Roesner, Gerald D. Clark, and Al Dyer comment 
that the expenses stated in the Cessna service bulletin and in the NPRM 
are excessive.
    We disagree. We received an estimated parts cost of $90 (as of 
January 2009) from the manufacturer with 4 hours of labor. At $80 per 
hour, the total cost to install a kit would be about $410 per airplane. 
The added operation limitation option, as described in Comment Issue 
No. 1, would permit compliance with the AD with minimal cost. Since we 
expect most operators will comply by simply installing the placard, the 
cost to the entire fleet would be greatly reduced.
    We are not changing the final rule AD action based on this comment.

Comment Issue No. 4: Rush to Judgment

    Joseph Morales comments that the FAA rushed to judgment taking AD 
action for a condition that could be discovered during routine 
maintenance by the operator or mechanic. The commenter believes that 
the amount of actual accidents because of this condition proves this 
point.
    We agree that some problems with the rudder system can be 
determined visually during routine maintenance. However, the issue that 
needs to be corrected is a design issue, not a maintenance issue. We 
disagree that this is a rush to judgment. By installing the kits, 
aircraft performing acrobatics/aerobatics will be protected from the 
rudder exceeding its travel limits. Operation in this non-certificated 
control position is unacceptable and could cause undesirable 
consequences, such as rudder and elevator contact. Since the NPRM was 
published, even more thought was given to this AD by giving non-
acrobatic/aerobatic operators the option of installing a placard, 
prohibiting acrobatic/aerobatics instead of installing the modification 
kit. We are not changing the final rule AD action based on this 
comment.

Conclusion

    We have carefully reviewed the available data and determined that 
air safety and the public interest require adopting the AD as proposed 
except for the changes previously discussed and minor editorial 
corrections. We have determined that these minor corrections:
     Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Costs of Compliance

    We estimate that this AD affects 17,090 airplanes in the U.S. 
registry.
    We estimate the following costs to insert the operational 
limitation:

----------------------------------------------------------------------------------------------------------------
                                                                                  Total cost per   Total cost on
                   Labor cost                               Parts cost               airplane     U.S. operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $80 per hour = $80...............  Not applicable.................             $80      $1,367,200
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do the modification:

----------------------------------------------------------------------------------------------------------------
                                                                                  Total cost per   Total cost on
                           Labor cost                               Parts cost       airplane     U.S. operators
----------------------------------------------------------------------------------------------------------------
4 work-hours x $80 per hour = $320..............................             $90            $410      $7,006,900
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106 describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this AD.

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD will not have a 
substantial direct effect on

[[Page 22431]]

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.
    For the reasons discussed above, I certify that this AD:
    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. 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.
    We prepared a summary of the costs to comply with this AD (and 
other information as included in the Regulatory Evaluation) and placed 
it in the AD Docket. You may get a copy of this summary by sending a 
request to us at the address listed under ADDRESSES. Include ``Docket 
No. FAA-2007-27747; Directorate Identifier 2007-CE-030-AD'' in your 
request.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
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:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. FAA amends Sec.  39.13 by adding a new AD to read as follows:

2009-10-09 Cessna Aircraft Company: Amendment 39-15904; Docket No. 
FAA-2007-27747; Directorate Identifier 2007-CE-030-AD.

Effective Date

    (a) This AD becomes effective on June 17, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the following airplane models and serial 
numbers that are certificated in any category:

------------------------------------------------------------------------
              Models                            Serial Nos.
------------------------------------------------------------------------
(1) 150F.........................  15061533 through 15064532.
(2) 150G.........................  15064533 through 15064969 and
                                    15064971 through 15067198.
(3) 150H.........................  15067199 through 15069308 and 649.
(4) 150J.........................  15069309 through 15071128.
(5) 150K.........................  15071129 through 15072003.
(6) 150L.........................  15072004 through 15075781.
(7) 150M.........................  15075782 through 15079405.
(8) A150K........................  A1500001 through A1500226.
(9) A150L........................  A1500227 through A1500432 and
                                    A1500434 through A1500523.
(10) A150M.......................  A1500524 through A1500734 and
                                    15064970.
(11) F150F.......................  F150-0001 through F150-0067.
(12) F150G.......................  F150-0068 through F150-0219.
(13) F150H.......................  F150-0220 through F150-0389.
(14) F150J.......................  F150-0390 through F150-0529.
(15) F150K.......................  F15000530 through F15000658.
(16) F150L.......................  F15000659 through F15001143.
(17) F150M.......................  F15001144 through F15001428.
(18) FA150K......................  FA1500001 through FA1500081.
(19) FA150L......................  FA1500082 through FA1500261.
(20) FA150M......................  FA1500262 through FA1500336.
(21) 152.........................  15279406 through 15286033.
(22) A152........................  A1520735 through A1521049, A1500433,
                                    and 681.
(23) F152........................  F15201429 through F15201980.
(24) FA152.......................  FA1520337 through FA1520425.
------------------------------------------------------------------------

Unsafe Condition

    (d) Aircraft in full conformity with type design can exceed the 
travel limits set by the rudder stops. We are issuing this AD to 
prevent the rudder from traveling past the normal travel limit. 
Operation in this non-certificated control position is unacceptable 
and could cause undesirable consequences, such as contact between 
the rudder and the elevator.

Compliance

    (e) To address this problem, you must do either the actions in 
option 1 or option 2 of this AD, unless already done:

------------------------------------------------------------------------
             Action                   Compliance          Procedures
------------------------------------------------------------------------
Option 1: For all airplanes that
 do not have modification kits
 part number (P/N) SK152-25A or
 P/N SK152-24A installed, do the
 following:
    (i) Insert the following      Within the next     A person
     text into the Limitations     100 hours time-in-  authorized to
     section of the FAA-approved   service (TIS)       perform
     airplane flight manual        after June 17,      maintenance as
     (AFM), and pilots operating   2009 (the           specified in 14
     handbook (POH):               effective date of   CFR section 43.3
     ``INTENTIONAL SPINS AND       this AD), or        of the Federal
     OTHER ACROBATIC/AEROBATIC     within the next     Aviation
     MANEUVERS PROHIBITED PER AD   12 months after     Administration
     2009-10-09.'' NOTE: THIS AD   June 17, 2009       Regulations (14
     DOES NOT PROHIBIT             (the effective      CFR 43.3) is
     PERFORMING INTENTIONAL        date of this AD),   required to make
     STALLS.''.                    whichever occurs    the AFM and POH
                                   first.              changes,
                                                       fabricate the
                                                       placard required
                                                       in paragraph
                                                       (e)(1)(i) of this
                                                       AD, and make an
                                                       entry into the
                                                       aircraft logbook
                                                       showing
                                                       compliance with
                                                       the portion of
                                                       the AD per
                                                       compliance with
                                                       14 CFR 43.9.
    (ii) Fabricate a placard
     (using at least 1/8-inch
     letters) with the following
     words and install the
     placard on the instrument
     panel within the pilot's
     clear view: ``INTENTIONAL
     SPINS AND OTHER ACROBATIC/
     AEROBATIC MANEUVERS
     PROHIBITED PER AD 2009-10-
     09.''
    (iii) The AFM and POH
     limitations in paragraph
     (e)(1)(i) of the AD and the
     placard in paragraph
     (e)(1)(ii) of this AD may
     be removed after either
     paragraph (e)(2)(i) or
     paragraph (e)(2)(ii) of
     this AD is done.

[[Page 22432]]

 
(2) Option 2: Install a rudder
 stop modification kit:
    (i) For airplanes with a
     forged bulkhead:
        (A) Replace the rudder    Within the next     Follow Cessna
         stops, rudder stop        100 hours TIS       Aircraft Company
         bumpers, and attachment   June 17, 2009       Service Bulletin
         hardware with the new     (the effective      SEB01-1, dated
         rudder stop               date of this AD),   January 22, 2001;
         modification kit P/N      or within the       and, as
         SK152-25A; and            next 12 months      applicable,
                                   after June 17,      either Cessna
                                   2009 (the           Aircraft Company
                                   effective date of   Service Kit SK152-
                                   this AD),           25A, Revision A,
                                   whichever occurs    dated February 9,
                                   first.              2001, or Cessna
                                                       Aircraft Company
                                                       Service Kit SK152-
                                                       24A, Revision A,
                                                       dated March 9,
                                                       2001.
        (B) Replace safety wire
         with jamnuts
    (ii) For airplanes with a
     sheet metal bulkhead:
        (A) Replace the rudder
         stops, rudder stop
         bumpers, and attachment
         hardware with the new
         rudder stop
         modification kit P/N
         SK152-24A; and
        (B) Replace safety wire
         with jamnuts
------------------------------------------------------------------------

    (f) Kit P/Ns SK152-24 and SK152-25, which are listed in SEB01-1, 
were superseded by kit P/Ns SK152-24A and SK152-25A. Cessna has not 
revised the service bulletin to reflect the new P/Ns. The kit P/Ns 
SK 152-24 and SK152-25 would automatically be filled with P/Ns 
SK152-24A and SK152-25A, respectively.
    (1) The P/N SK 152-24 kit does not address the unsafe condition 
because the nutplate in the kit can not be used due to rivet spacing 
on the aft bulkhead. In addition, a note was added to kit P/N SK152-
24A stating ``some airplanes in this serial range may have a forged 
bulkhead installed after leaving the factory. Service Kit SK152-25A 
or later revision must be used to modify these airplanes.'' The kit 
P/N SK152-25 does not address the unsafe condition because there was 
an error in a washer P/N. This error was corrected in the kit P/N 
SK152-25A kit. Therefore, kit P/Ns SK152-24 and SK152-25 are not 
allowed for installation for this AD.
    (2) If you previously had a kit P/N SK152-24 or SK152-25 
installed and you choose to use the kit installation option, the kit 
P/N SK152-24A or SK152-25A, as applicable, must be installed.

Alternative Methods of Compliance (AMOCs)

    (g) The Manager, FAA, ATTN: Ann Johnson, Aerospace Engineer, 
FAA, Wichita Aircraft Certification Office, 1801 Airport Road, Room 
100, Wichita, Kansas 67209; telephone: (316) 946-4105; fax: (316) 
946-4107, has the authority to approve AMOCs for this AD, if 
requested using the procedures found in 14 CFR 39.19. Before using 
any approved AMOC on any airplane to which the AMOC applies, notify 
your appropriate principal inspector (PI) in the FAA Flight 
Standards District Office (FSDO), or lacking a PI, your local FSDO.

Material Incorporated by Reference

    (h) If you choose to comply with this AD using paragraph (e)(2) 
of this AD, you must use Cessna Aircraft Company Service Bulletin 
SEB01-1, dated January 22, 2001; and, as applicable, either Cessna 
Aircraft Company Service Kit SK152-25A, Revision A, dated February 
9, 2001; or Cessna Aircraft Company Service Kit SK152-24A, Revision 
A, dated March 9, 2001, to do the actions required by this AD, 
unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Cessna Aircraft Company, Product Support, P.O. Box 7706, Wichita, KS 
67277; telephone: (316) 517-5800; fax: (316) 517-7271; Internet: 
http://www.cessna.com.
    (3) You may review copies at the FAA, Central Region, Office of 
the Regional Counsel, 901 Locust, Kansas City, Missouri 64106; or at 
the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Kansas City, Missouri, on May 5, 2009.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E9-11029 Filed 5-12-09; 8:45 am]
BILLING CODE 4910-13-P