[Federal Register Volume 65, Number 228 (Monday, November 27, 2000)]
[Rules and Regulations]
[Pages 70645-70647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28831]



[[Page 70645]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-CE-66-AD; Amendment 39-11971; AD 2000-23-01]
RIN 2120-AA64


Airworthiness Directives; Cessna Aircraft Company Model 402C 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment supersedes Airworthiness Directive (AD) 99-11-
13, which currently requires inspecting (one-time) the forward, aft, 
and auxiliary wing spars for cracks on certain Cessna Aircraft Company 
(Cessna) Model 402C airplanes, and repairing any cracks found. AD 99-
11-13 also requires reporting the results of the inspection to the 
Federal Aviation Administration (FAA) to provide data to help us 
determine whether the inspection should be repetitive. After re-
evaluating the fatigue analysis for the wing spars on the affected 
airplanes, we have determined that spar cap cracking is not an isolated 
condition and could continue to develop over the life of the affected 
airplanes. This AD retains the inspection required in AD 99-11-13, and 
will make the inspection repetitive. The actions specified by this AD 
are intended to detect and correct any cracks in the forward, aft, and 
auxiliary wing spars, which could result in reduced or loss of control 
of the airplane.

DATES: This AD becomes effective on December 21, 2000.
    The Director of the Federal Register previously approved the 
incorporation by reference of certain publications listed in the 
regulation as of June 21, 1999 (64 FR 29781, June 3, 1999).

ADDRESSES: You may get the service information referenced in this AD 
from the Cessna Aircraft Company, P. O. Box 7706, Wichita, Kansas 
67277; telephone: (316) 941-7550, facsimile: (316) 942-9008. You may 
examine this information at FAA, Central Region, Office of the Regional 
Counsel, Attention: Rules Docket No. 99-CE-66-AD, 901 Locust, Room 506, 
Kansas City, Missouri 64106; or at the Office of the Federal Register, 
800 North Capitol Street, NW, suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Eual Conditt, Aerospace Engineer, FAA, 
Wichita Aircraft Certification Office, 1801 Airport Road, Room 100, 
Mid-Continent Airport, Wichita, Kansas 67209, telephone: (316) 946-
4128; facsimile: (316) 946-4407.

SUPPLEMENTARY INFORMATION:   

Discussion

What Prior AD Action Did FAA Take on This Subject?

    We issued AD 99-11-13, Amendment 39-11184 (64 FR 29781, June 3, 
1999), in order to detect and correct cracks in the forward, aft, and 
auxiliary spars of Cessna Model 402C airplanes. AD 99-11-13 currently 
requires you to accomplish the following on the affected airplanes:
    --Inspect the forward, aft, and auxiliary wing spars for cracks in 
accordance with Cessna Service Bulletin MEB99-3, dated May 6, 1999;
    --Repair any cracks found in accordance with an FAA-approved repair 
scheme; and
    --Report the results of the inspection to FAA.
    AD 99-11-13 was the result of an accident of one of the affected 
airplanes where the right-hand wing failed just inboard of the nacelle 
at Wing Station (WS) 87. Investigation of this accident revealed 
fatigue cracking of the forward main spar that initiated at the edge of 
the front spar forward lower spar cap.

What Has Happened To Necessitate Further AD Action?

    The reason for the reporting requirement of AD 99-11-13 was to 
provide data to FAA on the extent of cracking in the forward, aft, and 
auxiliary wing spars on the affected airplanes. After re-evaluating the 
fatigue analysis for the wing spars on the affected airplanes, we have 
determined that spar cap cracking is not an isolated condition and 
could continue to develop over the life of the affected airplanes.

Has FAA Taken Any Action to This Point?

    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 Model 402C airplanes. This proposal was published in the 
Federal Register as a notice of proposed rulemaking (NPRM) on June 21, 
2000 (65 FR 38448). The NPRM proposed to supersede AD 99-11-13, 
Amendment 39-11184. The NPRM also proposed to retain the inspection 
requirements of AD 99-11-13, and proposed to make the inspection 
repetitive.

What is the Potential Impact if FAA Took No Action?

    These actions are necessary to continue to detect and correct any 
cracks in the forward, aft, and auxiliary wing spars, which could 
result in reduced or loss of control of the airplane.

Was the Public Invited to Comment?

    The FAA encouraged interested persons to participate in the making 
of this amendment. The following presents the comments received on the 
proposal and FAA's response to each comment:

Comment Disposition

What is the Commenters' Concerns?

    Two commenters request that FAA change the compliance time of the 
proposed AD based on their individual circumstances. Both commenters 
utilize the affected airplanes and accumulate over 1,000 hours time-in-
service (TIS) per year. The commenters display concern over the safety 
problems that could occur with the frequency of inspections because of 
mechanic complacency. The commenters' recommendations are as follows:
    --incorporate an hours TIS or calendar (whichever occurs later) 
compliance time, e.g., 110 hours TIS or 6 months, whichever occurs 
later; and
    --allow the inspections at 360-hour TIS intervals instead of the 
proposed 100-hour TIS intervals for operators with FAA-approved 
inspection programs and who do not operate in accordance with the 
annual/100-hour inspection requirements.

What is FAA's Response to the Concern?

    While FAA recognizes mechanic complacency as a viable concern, 
results of damage tolerance analysis and testing support the 100-hour 
TIS repetitive inspection compliance time. Should a crack initiate 
through any means (manufacturing process, fatigue, corrosion, 
mechanical damage, etc.), the 100-hour TIS inspection interval provides 
at least two inspections between crack initiation and development to a 
critical crack length in order to detect and correct the condition.
    We will consider individual extensions to the compliance times as 
alternative methods of compliance provided they:
    --Provide a level of safety that is acceptable to the FAA; and
    --Are submitted using the procedures in the AD.
    We are not making any changes to the final rule as a result of 
these comments.

[[Page 70646]]

The FAA's Determination

What Is FAA's Final Determination on This Issue?

    We carefully reviewed all available information related to the 
subject presented above and determined that air safety and the public 
interest require the adoption of the rule as proposed except for minor 
editorial changes. These changes provide the intent that was proposed 
in the NPRM for correcting the unsafe condition and do not impose any 
additional burden than what was intended in the NPRM.

Is There a Modification I Can Incorporate Instead of Repetitively 
Inspecting the Wing Spars?

    The FAA has determined that long-term continued operational safety 
would be better assured by design changes that remove the source of the 
problem, rather than by repetitive inspections or other special 
procedures. With this in mind, FAA is working with Cessna in developing 
a strap installation that would have the capability of carrying 
airplane ultimate load if the spar cap was fractured. The intent is 
that this strap could be inspected and that the inspections of this 
strap would be incorporated into the operator's maintenance program, as 
a replacement for the repetitive inspections required by this AD.
    The FAA may consider additional rulemaking action if this 
modification is developed and subsequently FAA-approved.

Cost Impact

How Many Airplanes Does This AD Impact?

    We estimate that this AD affects 225 airplanes in the U.S. 
registry.

What Is The Cost Impact of This AD on Owners/Operators of the Affected 
Airplanes?

    We estimate the following costs to accomplish the initial 
inspection:

----------------------------------------------------------------------------------------------------------------
                                                                                                      Total cost
                                                                                                       on U.S.
              Labor cost                         Parts cost              Total cost per airplane       airplane
                                                                                                      operators
----------------------------------------------------------------------------------------------------------------
3 workhours X $60 per hour = $180....  No parts required for the      $180 per airplane............      $40,500
                                        inspection.
----------------------------------------------------------------------------------------------------------------

What About the Cost of Repetitive Inspections?

    The FAA has no method of determining the number of repetitive 
inspections each owner/operator will incur over the life of each of the 
affected airplanes so the cost impact is based on the initial 
inspection.

What Is the Difference Between The Cost Impact of This AD and The Cost 
Impact of AD 99-11-13?

    The cost impact of this AD is the same as is currently required by 
AD 99-11-13. The only difference between this AD and AD 99-11-13 is the 
repetitive inspections of each affected airplane owner/operator. As 
discussed above, FAA has no way of determining the repetitive 
inspection costs.

Regulatory Impact

Does This AD Impact Various Entities?

    The regulations adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.

Does This AD Involve a Significant Rule or Regulatory Action?

    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under 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. A copy of the final evaluation prepared for this 
action is contained in the Rules Docket. A copy of it may be obtained 
by contacting the Rules Docket at the location provided under the 
caption ADDRESSES.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    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

    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. FAA amends Sec. 39.13 by removing Airworthiness Directive (AD) 
99-11-13, Amendment 39-11184 (64 FR 29781, June 3, 1999), and by adding 
a new AD to read as follows:

2000-23-01 Cessna Aircraft Company: Amendment 39-11971; Docket No. 
99-CE-66-AD; Supersedes AD 99-11-13, Amendment 39-11184.

    (a) What airplanes are affected by this AD? Any Model 402C 
airplane, certificated in any category, that has a serial number 
that falls within one of the following ranges:
    (1) 689;
    (2) 402C0001 through 402C0125;
    (3) 402C0201 through 402C0355;
    (4) 402C0401 through 402C0528;
    (5) 402C0601 through 402C0653; and
    (6) 402C0801 through 402C1020.
    (b) Who must comply with this AD? Anyone who wishes to operate 
any of the above airplanes must comply with this AD.
    (c) What problem does this AD address? The actions specified by 
this AD are intended to detect and correct any cracks in the 
forward, aft, and auxiliary wing spars, which could result in 
reduced or loss of control of the airplane.
    (d) What actions must I accomplish to address this problem? To 
address this problem, you must accomplish the following:

[[Page 70647]]



------------------------------------------------------------------------
           Actions              Compliance times         Procedures
------------------------------------------------------------------------
(1) Accomplish both an        Initially inspect     Accomplish these
 external and internal         upon accumulating     inspections in
 inspection of the forward,    10,000 hours total    accordance with the
 aft, and auxiliary wing       time-in-service       ACCOMPLISHMENT
 spars for cracks.             (TIS) on the          INSTRUCTIONS
                               airplane or within    section of Cessna
                               the next 25 hours     Service Bulletin
                               TIS after June 21,    MEB99-3, dated May
                               1999 (the effective   6, 1999.
                               date of AD 99-11-
                               13), whichever
                               occurs later.
                               Repetitively
                               inspect thereafter
                               within 110 hours
                               TIS after the last
                               inspection required
                               by this AD or Ad 99-
                               11-13, whichever is
                               applicable, and
                               thereafter at
                               intervals not to
                               exceed 110 hours
                               TIS.
(2) If any crack is found on
 any forward, aft, or
 auxiliary wing spar during
 any inspection required by
 this AD, accomplish the
 following:
    (i) Obtain an FAA-
     approved repair scheme
     from the Cessna
     Aircraft Company, P.O.
     Box 7706, Wichita,
     Kansas 67277;
     telephone: (316) 941-
     7550, facsimile: (316)
     942-9008; and.
    (ii) Incorporate this     Prior to further      Not applicable.
     repair scheme.            flight after the
                               inspection where
                               the crack is found.
------------------------------------------------------------------------


    Note 1: The 110-hour TIS interval repetitive inspection time is 
established to allow this action to be accomplished with regular 
maintenance. The FAA initially determined that 100-hour TIS 
intervals would provide the safety intent, but has since determined 
that the 110-hour TIS intervals would provide the same safety intent 
while providing a 10-percent time flexibility in scheduling to 
coincide with regular maintenance.


    Note 2: The compliance times specified in Cessna Service 
Bulletin MEB99-3, dated May 6, 1999, are different than those 
required by this AD. The times in this AD take precedence over those 
in the service bulletin.

    (e) Can I comply with this AD in any other way? 
    (1) You may use an alternative method of compliance or adjust 
the compliance time if:
    (i) Your alternative method of compliance provides an equivalent 
level of safety; and
    (ii) The Manager, Wichita Aircraft Certification Office (ACO), 
approves your alternative. Submit your request through an FAA 
Principal Maintenance Inspector, who may add comments and then send 
it to the Manager, Wichita ACO, 1801 Airport Road, Room 100, Mid-
Continent Airport, Wichita, Kansas 67209.
    (2) Alternative methods of compliance that were approved in 
accordance with AD 99-11-13 are considered approved as alternative 
methods of compliance for this AD.

    Note 3: This AD applies to each airplane identified in paragraph 
(a) of this AD, regardless of whether it has been modified, altered, 
or repaired in the area subject to the requirements of this AD. For 
airplanes that have been modified, altered, or repaired so that the 
performance of the requirements of this AD is affected, the owner/
operator must request approval for an alternative method of 
compliance in accordance with paragraph (e) of this AD. The request 
should include an assessment of the effect of the modification, 
alteration, or repair on the unsafe condition addressed by this AD; 
and, if you have not eliminated the unsafe condition, specific 
actions you propose to address it.

    (f) Where can I get information about any already-approved 
alternative methods of compliance? Contact Eual Conditt, Aerospace 
Engineer, FAA, Wichita Aircraft Certification Office, 1801 Airport 
Road, Room 100, Mid-Continent Airport, Wichita, Kansas 67209, 
telephone: (316) 946-4128; facsimile: (316) 946-4407.
    (g) What if I need to fly the airplane to another location to 
comply with this AD? The FAA can issue a special flight permit under 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate your airplane to a location where 
you can accomplish the requirements of this AD.
    (h) Are any service bulletins incorporated into this AD by 
reference? Actions required by this AD must be done in accordance 
with Cessna Service Bulletin MEB99-3, dated May 6, 1999. The 
Director of the Federal Register previously approved this 
incorporation by reference under 5 U.S.C. 552(a) and 1 CFR part 51, 
as of June 21, 1999 (64 FR 29781; June 3, 1999). You can get copies 
from the Cessna Aircraft Company, P.O. Box 7706, Wichita, Kansas 
67277. You can look at copies at the FAA, Central Region, Office of 
the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri, 
or at the Office of the Federal Register, 800 North Capitol Street, 
NW, suite 700, Washington, DC.
    (i) Does this AD action affect any existing AD actions? This 
amendment supersedes AD 99-11-13, Amendment 39-11184.
    (j) When does this amendment become effective? This amendment 
becomes effective on December 21, 2000.

    Issued in Kansas City, Missouri, on November 2, 2000.
Michael K. Dahl,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-28831 Filed 11-24-00; 8:45 am]
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