[Federal Register Volume 72, Number 44 (Wednesday, March 7, 2007)]
[Rules and Regulations]
[Pages 10049-10052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3834]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25261; Directorate Identifier 2006-CE-38-AD; 
Amendment 39-14971; AD 2007-05-10]
RIN 2120-AA64


Airworthiness Directives; Cessna Aircraft Company Models 172R, 
172S, 182S, 182T, T182T, 206H, and T206H Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA adopts a new airworthiness directive (AD) for certain 
Cessna Aircraft Company (Cessna) Models 172R, 172S, 182S, 182T, T182T, 
206H, and T206H airplanes. This AD requires you to install Modification 
Kit MK172-25-10C or a steel lock rod/bar on both crew seat back 
cylinder lock assemblies. If a steel lock rod/bar has already been 
installed on the crew seat back cylinder lock assembly, no further 
action is required. If you have already installed Modification Kit 
MK172-25-10A or MK172-25-10B, this AD requires you to do an 
installation inspection and correct any discrepancies found. This AD 
results from reports of the crew seat back cylinder lock assembly 
failing at the aft end and other cylinder lock assemblies found 
cracked. We are issuing this AD to prevent the crew seat back cylinder 
lock assembly from bending, cracking, or failing. This failure could 
cause uncontrolled movement of the seat back, resulting in possible 
backward collapse during flight. Backward collapse of either crew seat 
back could result in an abrupt pitch-up if the affected crew member 
continues to hold on to the control yoke during this failure and could 
cause difficulty in exiting the airplane from an aft passenger seat 
after landing.

DATES: This AD becomes effective on April 11, 2007.
    As of April 11, 2007, the Director of the Federal Register approved 
the incorporation by reference of certain publications listed in the 
regulation.

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) 942-9006.
    To view the AD docket, go to the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif Building, 
Room PL-401, Washington, DC 20590-001 or on the Internet at http://dms.dot.gov. The docket number is FAA-2006-25261; Directorate 
Identifier 2006-CE-38-AD.

FOR FURTHER INFORMATION CONTACT: Gary Park, Aerospace Engineer, FAA, 
Wichita Aircraft Certification Office, 1801 Airport Road, Mid-Continent 
Airport, Wichita, Kansas 67209; telephone: (316) 946-4123; facsimile: 
(316) 946-4107.

SUPPLEMENTARY INFORMATION:

Discussion

    On August 3, 2006, 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 Models 172R, 172S, 182S, 182T, T182T, 
206H, and T206H airplanes. This proposal was published in the Federal 
Register as a notice of proposed rulemaking (NPRM) on August 9, 2006 
(71 FR 45454). The NPRM proposed to require you to install a 
modification kit on both crew seat back cylinder lock assemblies, which 
replaces the cylinder lock with a new model cylinder lock, or install a 
steel lock rod/bar on both crew seat back cylinder lock assemblies. The 
NPRM also proposed to require you to do an installation inspection on 
previously installed modification kits and correct any discrepancies 
found.

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: Need AD To Resolve Crew Seat Problem

    Michael A. Zaite states that having flown a number of Cessna 
airplanes, he has experienced this problem first hand and supports the 
AD.
    The Cessna Pilots Association (CPA) also supports the AD. The CPA 
states

[[Page 10050]]

one of two methods can permanently resolve the issue. Installing a 
solid bar thereby preventing any further aft movement of the seat back 
or installing Modification Kit MK172-25-10C are both acceptable 
solutions for the collapsing seat back issue.
    We agree with Mr. Zaite and the CPA. Both of these methods are 
allowable in the AD. We are not changing the final rule AD action.

Comment Issue No. 2: Publish the Manufacturer Service Information

    Jack Buster with the Modification and Replacement Parts Association 
(MARPA) provides comments on the AD process pertaining to how the FAA 
addresses publishing manufacturer service information as part of a 
proposed AD action. The commenter states that the proposed rule 
attempts to require compliance with a public law by reference to a 
private writing (as referenced in paragraph (e) of the proposed AD). 
The commenter would like the FAA to incorporate by reference (IBR) the 
Cessna service bulletins.
    We agree with Mr. Buster. However, we do not IBR any document in a 
proposed AD action, instead we IBR the document in the final rule. 
Since we are issuing the proposal as a final rule AD action, Cessna 
Single Engine Service Bulletin SB04-25-01, Revision 4, dated December 
26, 2006, Cessna Single Engine Service Bulletin SB04-25-02, Revision 1, 
dated October 17, 2005, and Cessna Single Engine Service Bulletin SB04-
25-02, Revision 2, dated June 5, 2006, are incorporated by reference.

Comment Issue No. 3: Availability of IBR Documents in the Docket 
Management System (DMS)

    Mr. Buster requests IBR documents be made available to the public 
by publication in the Federal Register or in the DMS.
    We are currently reviewing issues surrounding the posting of 
service bulletins in the Department of Transportation's DMS as part of 
the AD docket. Once we have thoroughly examined all aspects of this 
issue and have made a final determination, we will consider whether our 
current practice needs to be revised.

Comment Issue No. 4: Could the Seats Be Installed on Other Cessna Model 
Airplanes

    The International Cessna 170 Association states a concern that the 
affected seats may be installed on other airplanes. Many operators of 
Cessna airplanes find seats of later models desirable due to features 
subsequently added by manufacturers, i.e., recline/height-adjustment/
mechanisms. The commenter also states that these seats usually have 
similar, if not identical, attachment to floor tracks and airframes; 
therefore, the possibility exists for installing the seats from the 
same manufacturer on other models of airplanes. These models may 
include Cessna 170, 170A, and 170B airplanes.
    The commenter requests the applicability of the AD be specific to 
the crew seat model/part-number and not the airplane models.
    Although it may be possible to install these seats on other Cessna 
airplane models, we are not aware of any such installations. In 
addition, the modification to the seat rails and other airplane 
configuration changes that would be required to install these seats 
would make any installation unlikely. We will continue to monitor this 
situation and, if we receive information from owner/operators 
indicating these seats are being installed on other airplanes, we will 
consider additional rulemaking on this subject.
    We are not changing the final rule AD action based on this comment.

Comment Issue No. 5: Incorporate Revised Service Information

    Cessna Aircraft Company states that reports of five additional seat 
back failures have been received since issuing Service Bulletin SB04-
25-01, Revision 3, dated July 24, 2006.
    It was also determined that incorporating Modification Kit MK172-
25-10B on Models 206H and T206H airplanes equipped with an optional 
Keith Products, L.P. air conditioner system (installed in accordance 
with Supplemental Type Certificate SA10144SC) was impossible.
    Cessna has issued Revision 4 to Service Bulletin SB04-25-01, dated 
December 26, 2006, which incorporates Modification Kit MK172-25-10C to 
address this issue.
    We are changing the final rule AD action to incorporate Cessna 
Single Engine Service Bulletin SB04-25-01, Revision 4, dated December 
26, 2006, which references Modification Kit MK172-25-10C.

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 minor editorial corrections. We have determined that these 
minor corrections:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Costs of Compliance

    We estimate that this AD will affect 4,039 airplanes in the U.S. 
registry. We provide below total fleet costs for both the modification 
and the steel lock rod/bar installation; however, only one of these 
actions will be required.
    We estimate the following costs to do the installation of the 
modification kit:

----------------------------------------------------------------------------------------------------------------
                                                                                         Total cost
                                                                                            per       Total cost
                  Labor cost                           Parts cost for both seats          airplane     on U.S.
                                                                                          for both    operators
                                                                                           seats
----------------------------------------------------------------------------------------------------------------
3.5 work-hours x $80 per hour = $280 for each   $590 for each modification kit. One            $870   $3,513,930
 modification kit.                               modification kit required for each
                                                 airplane. Total parts cost for both
                                                 seats is $590.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do the fabrication and 
installation of a steel lock rod/bar:

[[Page 10051]]



----------------------------------------------------------------------------------------------------------------
                                                                                         Total cost
                                                                                            per       Total cost
                    Labor cost                           Parts cost for both seats        airplane     on U.S.
                                                                                          for both    operators
                                                                                           seats
----------------------------------------------------------------------------------------------------------------
1.5 work-hours x $80 per hour = $120 for each crew  Not applicable....................         $240     $969,360
 seat. Total labor cost for both seats is $240.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do the installation inspection 
on airplanes that have Modification Kit MK172-25-10A or MK172-25-10B 
installed:

------------------------------------------------------------------------
                                                              Total cost
                                                                 per
             Labor cost                Parts cost for both     airplane
                                              seats            for both
                                                                seats
------------------------------------------------------------------------
1 work-hour x $80 per hour = $80 for  Not applicable.......          $80
 both crew seats.
------------------------------------------------------------------------

    We have no method of determining the number of airplanes that may 
have Modification Kit MK172-25-10A or MK172-25-10B previously 
installed.

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 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-2006-25261; Directorate Identifier 2006-CE-38-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:

2007-05-10 Cessna Aircraft Company: Amendment 39-14971; Docket No. 
FAA-2006-25261; Directorate Identifier 2006-CE-38-AD.

Effective Date

    (a) This AD becomes effective on April 11, 2007.

Affected ADs

    (b) None.

Applicability

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

------------------------------------------------------------------------
               Model                             Serial Nos.
------------------------------------------------------------------------
172R..............................  17280001 through 17281262.
172S..............................  172S8001 through 172S9994.
182S..............................  18280001 through 18280944.
182T..............................  18280945 through 18281701.
T182T.............................  T18208001 through T18208453.
206H..............................  20608001 through 20608250.
T206H.............................  T20608001 through T20608570.
------------------------------------------------------------------------

Unsafe Condition

    (d) This AD results from reports of the crew seat back cylinder 
lock assembly failing at the aft end area and other cylinder lock 
assemblies found cracked. The actions specified in this AD are 
intended to prevent the crew seat cylinder lock assembly from 
bending, cracking, or failing. This failure could cause uncontrolled 
movement of the seat back, resulting in possible backward collapse 
during flight. Backward collapse of either crew seat back could 
result in an abrupt pitch-up if the affected crew member continues 
to hold on to the control yoke during this failure and could cause 
difficulty in exiting the airplane from an aft passenger seat after 
landing.

Compliance

    (e) To address this problem, you must do the following, unless 
already done:
    (1) Airplanes that do not have Modification Kit MK172-25-10A or 
Modification Kit MK172-25-10B installed:

[[Page 10052]]



------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
For each crew seat (pilot     For airplanes that    Follow Cessna Single
 and copilot), install         have over 1,000       Engine Service
 Modification Kit MK172-25-    hours time-in-        Bulletin SB04-25-
 10C or fabricate and          service (TIS) on      01, Revision 4,
 install a steel lock rod/     the effective date    dated December 26,
 bar.                          of this AD: do the    2006, for
                               action within the     installing
                               next 4 months after   Modification Kit
                               April 11, 2007 (the   MK172-25-10C.
                               effective date of     Follow Cessna
                               this AD).             Single Engine
                              For airplanes that     Service Bulletin
                               have from 501 to      SB04-25-02,
                               1,000 hours TIS on    Revision 1, dated
                               the effective date    October 17, 2005,
                               of this AD: do the    or Revision 2,
                               action within the     dated June 5, 2006,
                               next 8 months after   for fabricating and
                               April 11, 2007 (the   installing a steel
                               effective date of     lock rod/bar.
                               this AD).
                              For airplanes that
                               have from 0 to 500
                               hours TIS on the
                               effective date of
                               this AD: do the
                               action within the
                               next 12 months
                               after April 11,
                               2007 (the effective
                               date of this AD).
------------------------------------------------------------------------

    (2) Airplanes that have Modification Kit MK172-25-10A or 
Modification Kit MK172-25-10B installed:

------------------------------------------------------------------------
           Action                  Compliance            Procedures
------------------------------------------------------------------------
(i) For each crew seat        Within the next 30    Follow Cessna Single
 (pilot and copilot), do an    days after April      Engine Service
 installation inspection.      11, 2007 (the         Bulletin SB04-25-
                               effective date of     01, Revision 4,
                               this AD).             dated December 26,
                                                     2006.
(ii) If you do not find any   Before further        Follow Cessna Single
 discrepancies during the      flight after the      Engine Service
 inspection required in        inspection required   Bulletin SB04-25-
 paragraph (e)(2)(i) of this   in paragraph          01, Revision 4,
 AD, make a log book entry     (e)(2)(i) of this     dated December 26,
 showing compliance with       AD.                   2006.
 this AD and no further
 action is required.
(iii) If you find             Before further        Follow Cessna Single
 discrepancies during the      flight after the      Engine Service
 inspection required in        inspection required   Bulletin SB04-25-
 paragraph (e)(2)(i) of this   in paragraph          01, Revision 4,
 AD, make all necessary        (e)(2)(i) of this     dated December 26,
 corrective actions.           AD.                   2006.
------------------------------------------------------------------------


    Note: Although not required for the airplanes affected by this 
AD, you may replace the steel lock rod/bar with Modification Kit 
MK172-25-10C.

Alternative Methods of Compliance (AMOCs)

    (f) The Manager, Wichita Aircraft Certification Office, FAA, 
ATTN: Gary Park, Aerospace Engineer, 1801 Airport Road, Mid-
Continent Airport, Wichita, Kansas 67209; telephone: (316) 946-4123; 
facsimile: (316) 946-4107, has the authority to approve AMOCs for 
this AD, if requested using the procedures found in 14 CFR 39.19.

Material Incorporated by Reference

    (g) You must use Cessna Single Engine Service Bulletin SB04-25-
01, Revision 4, dated December 26, 2006; and Cessna Single Engine 
Service Bulletin SB04-25-02, Revision 1, dated October 17, 2005, or 
Revision 2, dated June 5, 2006, 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) 942-9006.
    (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 February 26, 2007.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E7-3834 Filed 3-6-07; 8:45 am]
BILLING CODE 4910-13-P