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[Federal Register: October 27, 2010 (Volume 75, Number 207)]
[Proposed Rules]               
[Page 66009-66013]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27oc10-14]                         

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1186; Directorate Identifier 2009-CE-065-AD]
RIN 2120-AA64

 
Airworthiness Directives; Cessna Aircraft Company (Type 
Certificate Previously Held by Columbia Aircraft Manufacturing 
(Previously the Lancair Company)) Models LC40-550FG, LC41-550FG, and 
LC42-550FG Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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

SUMMARY: We are revising an earlier proposed airworthiness directive 
(AD) for the products listed above. That NPRM proposed to retain the 
inspection requirements of AD 2009-09-09 and add a terminating action 
for the repetitive inspection requirements. That NPRM resulted from the 
manufacturer developing a modification that, when incorporated, would 
terminate the repetitive inspections required by AD 2009-09-09. Since 
we issued the earlier NPRM, the manufacturer revised the service 
information to include additional airplane serial numbers into the 
Effectivity section and revised the modification kit instructions. This 
action revises that NPRM by adding airplanes to the Applicability 
section and incorporating new service information. We are proposing 
this supplemental NPRM to retain the inspection requirements of AD 
2009-09-09 and add a terminating action for the repetitive inspection 
requirements using the revised service information. Since these actions 
impose an additional burden over that proposed in the NPRM, we are 
reopening the comment period to allow the public the chance to comment 
on these proposed changes.

DATES: We must receive comments on this supplemental NPRM by December 
13, 2010.

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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Cessna 
Aircraft Company, Product Support, P.O. Box 7706; Wichita, Kansas 
67277; telephone: (316) 517-5800; fax: (316) 942-9006; Internet: http://www.cessna.com. You may review copies of the referenced service 
information at the FAA, Small Airplane Directorate, 901 Locust, Kansas 
City, Missouri 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: Gary Park, Aerospace Engineer, Wichita 
Aircraft Certification Office, FAA, 1801 Airport Road, Room 100, 
Wichita, Kansas 67209; telephone: (316) 946-4123; fax: (316) 946-4107; 
e-mail: gary.park@faa.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-1186; 
Directorate Identifier 2009-CE-065-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.

[[Page 66010]]

Discussion

    We issued an NPRM to amend 14 CFR part 39 to include an 
airworthiness directive (AD) that would apply to certain Cessna 
Aircraft Company (Cessna) Models LC40-550FG, LC41-550FG, and LC42-550FG 
airplanes. That NPRM was published in the Federal Register on December 
17, 2009 (74 FR 66927). That NPRM proposed to supersede AD 2009-09-09 
(74 FR 19873, April 30, 2009) with a new AD that would retain the 
inspection requirements of AD 2009-09-09 and add a terminating action 
for the repetitive inspection requirements.

Actions Since Previous NPRM Was Issued

    Since we issued the previous NPRM, the manufacturer revised the 
service information to include additional airplane serial numbers into 
the Effectivity section and revised the modification kit instructions.

Comments

    We gave the public the opportunity to comment on the original NPRM. 
We received no comments on that NPRM or on the determination of the 
cost to the public.

FAA's Determination

    We are proposing this supplemental NPRM because we evaluated all 
the relevant information and determined the unsafe condition described 
previously is likely to exist or develop in other products of the same 
type design. Certain changes described above expand the scope of the 
original NPRM. As a result, we have determined that it is necessary to 
reopen the comment period to provide additional opportunity for the 
public to comment on this supplemental NPRM.

Proposed Requirements of the Supplemental NPRM

    This supplemental NPRM would require retaining the inspection 
requirements of AD 2009-09-09 and adding a terminating action for the 
repetitive inspection requirements using the revised service 
information.
    Cessna has issued Single Engine Service Bulletin SB09-27-01, 
Revision 3, dated July 20, 2010, which describes procedures for 
repetitively inspecting the rudder hinges and the rudder hinge brackets 
for damage, i.e., cracking, deformation, and discoloration. The service 
information also describes procedures for incorporating Cessna Single 
Engine Modification Kit MK400-07-01A, dated July 20, 2010, which when 
incorporated, will terminate the required repetitive inspections.

Costs of Compliance

    We estimate that this proposed AD affects 790 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
----------------------------------------------------------------------------------------------------------------
Inspecting the rudder hinges and  1.5 work-hours x    Not applicable....  $127.50 per         $72,675 per
 rudder hinge brackets for         $85 per hour =                          inspection cycle.   inspection cycle.
 damage with rudder removed        $127.50 per
 (affects 570 airplanes).          inspection cycle.
Inspecting the rudder hinges and  .5 work-hour x $85  Not applicable....  $42.50 per          $24,225 per
 rudder hinge brackets for         per hour = $42.50                       inspection cycle.   inspection cycle.
 damage without rudder removed     per inspection
 (affects 570 airplanes).          cycle.
Incorporating the modification    1 work-hour x $85   $739..............  $824..............  $203,528.
 kit for Models LC40-550FG and     per hour = $85.
 LC42-550FG airplanes (affects
 247 airplanes).
Incorporating the modification    1 work-hour x $85   $848..............  $933..............  $487,959.
 kit for Model LC41-550FG          per hour = $85.
 airplanes (affects 523
 airplanes).
Inspecting the rudder hinge and   .5 work-hour x $85  Not applicable....  $42.50............  $850.
 the rudder brackets attachment    per hour = $42.50.
 hardware for correct thread
 engagement (affects 20
 airplanes).
Inspecting the rudder travel      1 work-hour x $85   Not applicable....  $85...............  $1,700.
 (affects 20 airplanes).           per hour = $85.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary repairs that 
would be required based on the results of the proposed inspection of 
the rudder hinge and the rudder brackets attachment hardware for 
correct thread engagement and the rudder travel. We have no way of 
determining the number of aircraft that might need these repairs:

                           On-Condition Costs
------------------------------------------------------------------------
                                                               Cost per
            Action                Labor cost     Parts cost    product
------------------------------------------------------------------------
Repair the rudder hinge and    .5 work-hour x           $14       $56.50
 the rudder brackets            $85 per hour =
 attachment hardware thread     $42.50.
 engagement (could affect 20
 airplanes).
Repair the rudder travel       .5 work-hour x            14        56.50
 (could affect 20 airplanes).   $85 per hour =
                                $42.50.
------------------------------------------------------------------------

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.

[[Page 66011]]

    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 (Type Certificate Previously Held by 
Columbia Aircraft Manufacturing (Previously The Lancair Company)): 
Docket No. FAA-2009-1186; Directorate Identifier 2009-CE-065-AD.

Comments Due Date

    (a) We must receive comments by December 13, 2010.

Affected ADs

    (b) This AD supersedes AD 2009-09-09, Amendment 39-15895.

Applicability

    (c) This AD applies to the following Cessna Aircraft Company 
(type certificate previously held by Columbia Aircraft Manufacturing 
(previously The Lancair Company)) airplane models and serial numbers 
that are certificated in any category:

                            Group 1 Airplanes
------------------------------------------------------------------------
            Model                             Serial Nos.
------------------------------------------------------------------------
LC40-550FG (300).............  40001, 40002, and 40004 through 40079.
LC41-550FG (400).............  41001 through 41569, 41571 through 41800,
                                411001 through 411087, 411089 through
                                411110, 411112 through 411138, 411140,
                                411142, and 411147.
LC42-550FG (350).............  42001 through 42009, 42011 through 42558,
                                42560 through 42569, 421001 through
                                421013, 421015 through 421017, and
                                421019.
------------------------------------------------------------------------

                            Group 2 Airplanes
------------------------------------------------------------------------
            Model                             Serial Nos.
------------------------------------------------------------------------
LC41-550FG (400).............  41570, 411088, 411111, 411139, 411141,
                                411143 through 411146, and 411148
                                through 411153.
LC42-550FG (350).............  42010, 42559, 421014, 421018, and 421020.
------------------------------------------------------------------------

Subject

    (d) Joint Aircraft System Component (JASC)/Air Transport 
Association (ATA) of America Code 55, Stabilizers.

Unsafe Condition

    (e) This AD is the result of reports received of a cracked lower 
rudder hinge bracket on two of the affected airplanes. We are 
issuing this AD to detect and correct damage, i.e., cracking, 
deformation, and discoloration, in the rudder hinges and the rudder 
hinge brackets, which could result in failure of the rudder. This 
failure could lead to loss of control.

Compliance

    (f) To address this problem, you must do the following, unless 
already done:
    (1) For Group 1 airplanes specified in paragraph (c) of this AD: 
Using the compliance times specified in table 1 of this AD, inspect 
the rudder hinges and rudder hinge brackets for damage, i.e., 
cracking, deformation, and discoloration. Do the inspections 
following Cessna Single Engine Service Bulletin SB09-27-01, dated 
April 13, 2009; Cessna Single Engine Service Bulletin SB09-27-01, 
Revision 2, dated November 23, 2009; or Cessna Single Engine Service 
Bulletin SB09-27-01, Revision 3, dated July 20, 2010.

                  Table 1--Inspection Compliance Times
------------------------------------------------------------------------
                               Initially inspect .  Repetitively inspect
          Condition                    . .                  . . .
------------------------------------------------------------------------
(i) For airplanes with 25     With the rudder       Thereafter inspect
 hours time-in-service (TIS)   removed and using     as follows until
 or more as of May 11, 2009    10x visual            the modification
 (the effective date of AD     magnification,        required in
 2009-09-09):                  inspect all three     paragraph (f)(5) of
                               rudder hinges and     this AD is done:
                               rudder hinge
                               brackets at
                               whichever of the
                               following occurs
                               first:

[[Page 66012]]

                              (A) Within the next   (A) Every 25 hours
                               10 hours TIS after    TIS or 3 months,
                               May 11, 2009 (the     whichever occurs
                               effective date of     first, without
                               AD 2009-09-09); or    removing the
                                                     rudder, visually
                                                     inspect all three
                                                     rudder hinges and
                                                     rudder hinge
                                                     brackets; and
                              (B) Within the next   (B) Every 50 hours
                               30 days after May     TIS or 6 months,
                               11, 2009 (the         whichever occurs
                               effective date of     first, with the
                               AD 009-09-09).        rudder removed and
                                                     using 10x visual
                                                     magnification,
                                                     inspect all three
                                                     rudder hinges and
                                                     rudder hinge
                                                     brackets.
(ii) For airplanes with less  Without removing the  Thereafter inspect
 than 25 hours TIS as of May   rudder, visually      as follows until
 11, 2009 (the effective       inspect all three     the modification
 date of AD 2009-09-09):       rudder hinges and     required in
                               rudder hinge          paragraph (f)(5) of
                               brackets, at          this AD is done:
                               whichever of the
                               following occurs
                               later:
                              (A) Upon              (A) Every 25 hours
                               accumulating 25       TIS or 3 months,
                               hours TIS; or.        whichever occurs
                                                     first, without
                                                     removing the
                                                     rudder, visually
                                                     inspect all three
                                                     rudder hinges and
                                                     rudder hinge
                                                     brackets; and
                              (B) Within the next   (B) Every 50 hours
                               10 hours TIS after    TIS or 6 months,
                               May 11, 2009 (the     whichever occurs
                               effective date of     first, with the
                               AD 2009-09-09).       rudder removed and
                                                     using 10x visual
                                                     magnification,
                                                     inspect all three
                                                     rudder hinges and
                                                     rudder hinge
                                                     brackets.
------------------------------------------------------------------------

     (2) For Group 1 airplanes specified in paragraph (c) of this 
AD: Before further flight after any inspection required in 
paragraphs (f)(1)(i) or (f)(1)(ii) of this AD in which damage is 
found on any of the rudder hinges and/or rudder hinge brackets, 
incorporate Cessna Single Engine Modification Kit MK400-27-01, dated 
November 23, 2009; or Cessna Single Engine Modification Kit MK400-
27-01A dated July 20, 2010, as specified in Cessna Single Engine 
Service Bulletin SB09-27-01, Revision 2, dated November 23, 2009; 
and Cessna Single Engine Service Bulletin SB09-27-01, Revision 3, 
dated July 20, 2010. Incorporating either Modification Kit MK400-27-
01 or Modification Kit MK400-27-01A, terminates the repetitive 
inspections required in paragraphs (f)(1)(i) and (f)(1)(ii) of this 
AD.
    (3) For Group 1 airplanes specified in paragraph (c) of this AD: 
If the repetitive inspections required in paragraphs (f)(1)(i) and 
(f)(1)(ii) of this AD become due at the same time, credit for both 
inspections will be given by doing the rudder removal and 10x visual 
inspection.
    (4) For Group 1 airplanes specified in paragraph (c) of this AD: 
Within the next 24 months after the effective date of this AD, 
incorporate Cessna Single Engine Modification Kit MK400-27-01, dated 
November 23, 2009; or Cessna Single Engine Modification Kit MK400-
27-01A, dated July 20, 2010, as specified in Cessna Single Engine 
Service Bulletin SB09-27-01, Revision 2, dated November 23, 2009; 
and Cessna Single Engine Service Bulletin SB09-27-01, Revision 3, 
dated July 20, 2010, unless already done as specified in paragraph 
(f)(2) of this AD. Incorporating either Modification Kit MK400-27-01 
or Modification Kit MK400-27-01A, terminates the repetitive 
inspections required in paragraphs (f)(1)(i) and (f)(1)(ii) of this 
AD.
    (5) For Group 1 airplanes specified in paragraph (c) of this AD: 
At any time after the initial inspections required in paragraphs 
(f)(1)(i) and (f)(1)(ii) of this AD, as long as no damage is found, 
and no later than the compliance time specified in paragraph (f)(4) 
of this AD, you may incorporate Cessna Single Engine Modification 
Kit MK400-27-01, dated November 23, 2009; or Cessna Single Engine 
Modification Kit MK400-27-01A, dated July 20, 2010, as specified in 
Cessna Single Engine Service Bulletin SB09-27-01, Revision 2, dated 
November 23, 2009; and Cessna Single Engine Service Bulletin SB09-
27-01, Revision 3, dated July 20, 2010, to terminate the repetitive 
inspections required in paragraphs (f)(1)(i) and (f)(1)(ii) of this 
AD.
    (6) For any Group 1 airplane with Cessna Single Engine Service 
Bulletin SB09-27-01, Revision 1, dated August 31, 2009, already 
incorporated and for all Group 2 airplanes: Within the next 30 days 
after the effective date of this AD, inspect for proper rudder hinge 
and rudder bracket hardware thread engagement and inspect the rudder 
travel. Do these inspections following the Accomplishment 
Instructions in Cessna Single Engine Modification Kit MK400-27-01, 
dated November 23, 2009; or the Accomplishment Instructions in 
Cessna Single Engine Modification Kit MK400-27-01A, dated July 20, 
2010.
    (i) Before further flight after the inspection required in 
paragraph (f)(6) of this AD, if any discrepancies are found in the 
rudder hinge or rudder bracket hardware, replace the affected 
hardware. Do the replacements following the Accomplishment 
Instructions in Cessna Single Engine Modification Kit MK400-27-01, 
dated November 23, 2009; or the Accomplishment Instructions in 
Cessna Single Engine Modification Kit MK400-27-01A, dated July 20, 
2010.
    (ii) Before further flight after the inspection required in 
paragraph (f)(6) of this AD, if the rudder travel is outside the 
limits specified in the Accomplishment Instructions in Cessna Single 
Engine Modification Kit MK400-27-01, dated November 23, 2009; or the 
Accomplishment Instructions in Cessna Single Engine Modification Kit 
MK400-27-01A, dated July 20, 2010, reinstall the rudder following 
the Accomplishment Instructions in either Cessna Single Engine 
Modification Kit MK400-27-01, dated November 23, 2009; or Cessna 
Single Engine Modification Kit MK400-27-01A, dated July 20, 2010.
    (iii) After the inspection and any necessary corrective actions 
required in paragraphs (f)(6), (f)(6)(i), and (f)(6)(ii) of this AD, 
no further action is required.

Credit for Actions Accomplished in Accordance With Previous Service 
Information

    (g) For all airplanes specified in paragraph (c) of this AD: As 
of the effective date of this AD, if Cessna Single Engine Service 
Bulletin SB09-27-01, Revision 2, dated November 23, 2009, has been 
already been incorporated, no further action is required.

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 Principal 
Maintenance Inspector or Principal Avionics Inspector, as 
appropriate, or lacking a principal inspector, your local Flight 
Standards District Office.
    (3) AMOCs approved for AD 2009-09-09 are approved for this AD.

Related Information

    (i) For more information about this AD, contact Gary Park, 
Aerospace Engineer, Wichita ACO, FAA, 1801 Airport Road,

[[Page 66013]]

Room 100, Wichita, Kansas 67209; telephone: (316) 946-4123; fax: 
(316) 946-4107; e-mail: gary.park@faa.gov.
    (j) For service information identified in this AD, contact 
Cessna Aircraft Company, Product Support, P.O. Box 7706; Wichita, 
Kansas 67277; telephone: (316) 517-5800; fax: (316) 942-9006; 
Internet: http://www.cessna.com. You may review copies of the 
referenced service information at the FAA, Small Airplane 
Directorate, 901 Locust, Kansas City, Missouri 64106. For 
information on the availability of this material at the FAA, call 
816-329-4148.

    Issued in Kansas City, Missouri, on October 21, 2010.
Christina L. Marsh,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-27212 Filed 10-26-10; 8:45 am]
BILLING CODE 4910-13-P
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