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[Federal Register Volume 76, Number 107 (Friday, June 3, 2011)]
[Proposed Rules]
[Pages 32103-32105]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13766]

[[Page 32103]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0562; Directorate Identifier 2011-CE-015-AD]
RIN 2120-AA64

Airworthiness Directives; Cessna Aircraft Company 310, 320, 340, 
401, 402, 411, 414, and 421 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed AD would require you to install a 
placard that prohibits flight into known icing conditions and install a 
placard that increases published speed on approach 17 mph (15 knots) in 
case of an inadvertent encounter with icing. This proposed AD was 
prompted by an investigation of recent and historical icing-related 
accidents and incidents for the products listed above. We are proposing 
this AD to prohibit flight into known icing conditions as well as 
increase the approach speed in case of an inadvertent encounter with 
icing. This condition, if not corrected, could result in unusual flight 
characteristics that could lead to loss of control after flight into 
known icing conditions or an inadvertent encounter with icing 
conditions. Based on the data, an example of the unusual flight 
characteristics seen in many of the accidents is high sink speeds that 
resulted in a hard landing.

DATES: We must receive comments on this proposed AD by July 18, 2011.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Cessna Aircraft Company, Product Support, P.O. Box 7706, Wichita, KS 
67277; telephone: (316) 517-6000; fax: (316) 517-8500; Internet: http://www.cessna.com. You may review copies of the referenced service 
information at the FAA, Small Airplane Directorate, 901 Locust, Kansas 
City, MO 64106. For information on the availability of this material at 
the FAA, call (816) 329-4148.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (phone: 800-647-5527) is in the ADDRESSES 
section. Comments will be available in the AD docket shortly after 
receipt.

FOR FURTHER INFORMATION CONTACT: Jason Brys, Flight Test Engineer, FAA, 
Wichita Aircraft Certification Office, 1801 S. Airport Road, Room 100, 
Wichita, Kansas 67209; telephone: (316) 946-4100; fax: (316) 946-4107.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2011-0562; 
Directorate Identifier 2011-CE-015-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    We are proposing this AD as a result of an investigation of 51 
recent and historical icing-related accidents and incidents over the 
last 30 years that resulted in 36 fatalities for aircraft listed in 
Cessna Aircraft Company (Cessna) Service Bulletin MEB97-4. The non-
fatal events usually resulted in injuries and substantial aircraft 
damage. The National Transportation Safety Board dockets showed for two 
non-fatal landing events airplane stall with no activation of the stall 
warning system.
    Our investigation concluded that these aircraft, even if equipped 
with pneumatic deicing boots, are not approved for flight into known 
icing and will accrete critical amounts of ice on the protected and 
unprotected areas. Additionally, data suggest potentially large 
increases in stall speeds with no stall warning.
    The differences in the icing protection systems for the aircraft 
identified in this proposed AD differ greatly from later models that 
were approved for icing conditions. Some of these differences could 
include electric windshield (instead of alcohol), de-ice propeller 
(some might have had boots without the de-ice propeller), de-ice boots 
on entire span of wing as well as a different style de-ice boots, 
different pitot probe and static ports, and some models also added a 
de-ice boot to the vertical tail.
    These airplanes' certification basis did not include Amendment 7 of 
CAR 3 Dated May 15, 1956, which required an applicant to provide to the 
pilot the types of operations and meteorological conditions (e.g. icing 
conditions) to which the operation of the airplane is limited by the 
equipment installed (CAR 3 Sec.  3.772). Therefore, the pilot may not 
realize that, even with de-ice boots or other similar equipment 
installed, the airplane is not certificated for flight into known icing 
conditions. To address this condition and based on the accident 
history, there is a need to add a limitation to prohibit flight into 
known icing conditions due to the limitations of the installed 
equipment.
    This condition, if not corrected, could result in unusual flight 
characteristics that could lead to loss of control after flight into 
known icing conditions or an inadvertent encounter with icing 
conditions. Based on the data, an example of the unusual flight 
characteristics seen in many of the accidents is high sink speeds that 
resulted in a hard landing.

Relevant Service Information

    We reviewed Cessna Service Bulletin MEB97-4, dated March 24, 1997. 
The service information describes procedures for providing a placard to 
inform the pilot that flight in known icing conditions is prohibited 
with the aircraft identified in the service information.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of these same type 
designs.

[[Page 32104]]

Proposed AD Requirements

    This proposed AD would require you to install a placard that 
prohibits flight into known icing conditions and install a placard that 
increases published speed on approach 17 mph (15 knots) in case of an 
inadvertent encounter with icing.

Differences Between the Proposed AD and the Service Information

    The service information provides instructions on obtaining a 
placard from Cessna that prohibits flight into known icing conditions 
and that the airplane owner or a service facility may install the 
placard. This proposed AD requires fabrication and installation of an 
additional placard that increases the published speed on approach 17 
mph (15 knots). This proposed AD also requires that a properly 
certificated aircraft mechanic must fabricate the additional placard 
and install both of these placards. The airplane owner or pilot is not 
allowed to fabricate and install the placards unless they are also a 
properly certificated aircraft mechanic.

Costs of Compliance

    We estimate that this proposed AD affects 6,883 airplanes of U.S 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                  Cost on U.S.
              Action                    Labor cost           Parts cost      Cost per product      operators
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Fabricate and install placards...  1 work-hour x $85                   $1                $86           $591,938
                                    per hour = $85.
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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 
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify 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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

Cessna Aircraft Company: Docket No. FAA-2011-0562; Directorate 
Identifier 2011-CE-015-AD.

Comments Due Date

    (a) We must receive comments by July 18, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Cessna Aircraft Company 310, 320, 340, 
401, 402, 411, 414, and 421 airplanes identified in Cessna Aircraft 
Company Service Bulletin MEB97-4, dated March 24, 1997, certificated 
in any category.

Subject

    (d) Joint Aircraft System Component (JASC)/Air Transport 
Association (ATA) of America Code: 11, Placards and Markings.

Unsafe Condition

    (e) This AD was prompted by an investigation of recent and 
historical icing-related accidents and incidents for the products 
listed above. We are issuing this AD to prohibit flight into known 
icing conditions as well as increase the approach speed in case of 
an inadvertent encounter with icing. This condition, if not 
corrected, could result in unusual flight characteristics that could 
lead to loss of control after flight into known icing conditions or 
an inadvertent encounter with icing conditions. Based on the data, 
an example of the unusual flight characteristics seen in many of the 
accidents is high sink speeds that resulted in a hard landing.

Compliance

    (f) Comply with this AD within the compliance times specified, 
unless already done.

[[Page 32105]]

                                  Table 1--Actions, Compliance, and Procedures
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               Actions                             Compliance                            Procedures
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(1) For all airplanes: Install        Within 100 hours time-in-service      (i) If installing the placard Cessna
 placard Cessna part number (P/N)      (TIS) after the effective date of     P/N DP0500-13, obtain the placard
 DP0500-13 or fabricate and install    this AD or within 3 calendar months   following Cessna Aircraft Company
 a placard that states: ``This         after the effective date of this      Service Bulletin MEB97-4, dated
 aircraft is prohibited from flight    AD, whichever occurs first.           March 24, 1997.
 into known icing conditions.''                                             (ii) If fabricating the placard,
                                                                             fabricate the placard using \1/8\-
                                                                             inch black lettering on a white
                                                                             background.
                                      ....................................  (iii) The placards must be installed
                                                                             by a properly certificated aircraft
                                                                             mechanic on the instrument panel in
                                                                             clear view of the pilot.
----------------------------------------------------------------------------------------------------------------
(2) For all airplanes:                Within 100 hours TIS after the        (i) Fabricate the placard using
(A) If Airspeed Indicator Reads in     effective date of this AD or within   black lettering at least \1/8\-inch
 MPH. Fabricate and install a          3 calendar months after the           on a white background.
 placard that states: ``For            effective date of this AD,           (ii) The placards must be installed
 inadvertent encounters with icing     whichever occurs first.               by a properly certificated aircraft
 conditions, increase published                                              mechanic on the instrument panel as
 speed on approach 17 mph.''                                                 close as practical to the airspeed
(B) If Airspeed Indicator Reads in                                           indicator in clear view of the
 Knots. Fabricate and install a                                              pilot.
 placard that states: ``For
 inadvertent encounters with icing
 conditions, increase published
 speed on approach 15 KIAS.''
(3) For all airplanes: After both     Within 100 hours TIS after the        Not Applicable.
 placards required by paragraphs       effective date of this AD or within
 (f)(1) and (f)(2)(A) or (f)(2)(B)     3 calendar months after the
 of this AD are installed, make an     effective date of this AD,
 entry into the aircraft logbook to    whichever occurs first.
 record compliance with this AD.
----------------------------------------------------------------------------------------------------------------

Special Flight Permit

    (g) Special flight permits are permitted with the following 
limitation: Flight into known icing is prohibited.

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, Wichita Aircraft Certification Office (ACO), 
FAA, has the authority to approve AMOCs for this AD, if requested 
using the procedures found in 14 CFR 39.19. In accordance with 14 
CFR 39.19, send your request to your principal inspector or local 
Flight Standards District Office, as appropriate. If sending 
information directly to the manager of the ACO, send it to the 
attention of the person identified in the Related Information 
section of this AD.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

Related Information

    (i) For more information about this AD, contact Jason Brys, 
Flight Test Engineer, Wichita ACO, 1801 S. Airport Road, Room 100, 
Wichita, Kansas 67209; telephone: (316) 946-4100; fax: (316) 946-
4107.
    (j) For service information identified in this AD, contact 
Cessna Aircraft Company, Product Support, P.O. Box 7706, Wichita, KS 
67277; telephone: (316) 517-6000; fax: (316) 517-8500; Internet: 
http://www.cessna.com. You may review copies of the referenced 
service information at the FAA, Small Airplane Directorate, 901 
Locust, Kansas City, MO 64106. For information on the availability 
of this material at the FAA, call (816) 329-4148.

    Issued in Kansas City, Missouri, on May 27, 2011.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2011-13766 Filed 6-2-11; 8:45 am]
BILLING CODE 4910-13-P
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