This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

50954 

Vol. 77, No. 164 

Thursday, August 23, 2012 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–1084; Directorate 

Identifier 2010–CE–056–AD] 

RIN 2120–AA64 

Airworthiness Directives; Cessna 

Aircraft Company 

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 all Cessna Aircraft Company 

(Cessna) Model 402C airplanes modified 

by Supplemental Type Certificate (STC) 

SA927NW and Model 414A airplanes 

modified by STC SA892NW. That 

NPRM proposed a complete inspection 

of the flap system and modification of 

the flap control system. That NPRM was 

prompted by a report of a Cessna Model 

414A airplane modified by STC 

SA892NW that experienced an 

asymmetrical flap condition causing an 

uncommanded roll when the pilot set 

the flaps to the approach position. This 

action revises that NPRM by 

incorporating additional service 

information that addresses proper 

rigging procedures and corrective 

actions following additional inspection 

procedures. We are proposing this 

supplemental NPRM to correct the 

unsafe condition on these products. 

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 October 9, 

2012. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, 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 proposed AD, contact Sierra 

Industries, Ltd, 122 Howard Langford 

Drive, Uvalde, Texas 78801; telephone: 

888–835–9377; email: info@sijet.com; 

Internet: http://www.sijet.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: 

Michael A. Heusser, Program Manager, 

Fort Worth Airplane Certification 

Office, FAA, 2601 Meacham Blvd., Fort 

Worth, Texas 76137; phone: (817) 222– 

5038; fax: (817) 222–5160; email: 

michael.a.heusser@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–2010–1084; Directorate Identifier 

2010–CE–056–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 issued an NPRM to amend 14 CFR 

part 39 to include an AD that would 

apply to all Cessna Aircraft Company 

(Cessna) Model 402C airplanes modified 

by Sierra Industries, Ltd. Supplemental 

Type Certificate (STC) SA927NW and 

Model 414A airplanes modified by STC 

SA892NW (both STCs formerly held by 

Robertson Aircraft Corporation). That 

NPRM published in the Federal 

Register on October 29, 2010 (75 FR 

66700). 

That NPRM (75 FR 66700, October 29, 

2010) was prompted by a report that a 

Cessna Model 414A airplane, which was 

modified by STC SA892NW, had an 

asymmetrical flap condition that caused 

an uncommanded roll when the pilot 

set the flaps to the approach position. 

The flap preselect cable connects to 

the arm assembly and provides the flap 

position to the flap selector to close the 

position loop for the flap position. 

Micro switches are located on the arm 

assembly and provide the electrical 

signal for the arm position. 

STC SA927NW and STC SA892NW 

use the original production preselect 

cable. However, the STCs added an 

extension to the arm assembly that 

requires increased travel of the preselect 

cable to obtain the same rotation as 

previously obtained with the shorter 

arm assembly. To obtain the same arm 

assembly rotation, the preselect cable 

must travel approximately an additional 

.75 inch. However, the original cable 

has internal mechanical stops that 

prevent it from traveling the additional 

distance. The cable’s internal stops are 

contacted by a smaller rotation 

displacement of the arm assembly. 

Since more linear displacement of the 

cable is required to obtain the same 

switch action, the internal mechanical 


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Federal Register / Vol. 77, No. 164 / Thursday, August 23, 2012 / Proposed Rules 50955 

stops of the cable are reached before the 

switches designed to stop the motion of 

the flaps activate. 

As a result, when the internal stops in 

the cable are contacted, the rotation of 

the arm assembly carrying the micro 

switches stops and the switch to stop 

the drive motor is not activated. Because 

the switch is not activated, the motor 

continues to run until either the motor 

drive shear pin fails, a cable breaks, the 

structural bracket breaks, or the 

secondary switches stop the motor 

before something breaks. The sequence 

was verified on the reported airplane by 

the rigging, installation, and operation 

of an STC production configuration. 

That NPRM (75 FR 66700, October 29, 

2010) proposed to require a complete 

inspection of the flap system and 

modification of the flap control system. 

This condition, if not corrected, could 

result in an asymmetrical flap condition 

with consequent loss of control. 

Actions Since Previous NPRM Was 

Issued 

During a subsequent flight after 

issuance of that NPRM (75 FR 66700, 

October 29, 2010), additional issues on 

the flap control system were discovered. 

The service information called out in 

the initial NPRM did not address these 

additional issues. Further investigation 

determined that the lack of a proper 

rigging procedure was a contributing 

factor in the flap issues. 

Sierra Industries, Ltd. has issued 

Instructions for Continued 

Airworthiness, 82–1, Issue 1, dated June 

12, 2012, which incorporates proper 

rigging procedures and corrective 

actions following additional inspection 

procedures. 

Comments 

We gave the public the opportunity to 

comment on the original NPRM (75 FR 

66700, October 29, 2010). 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 these same type 

designs. Certain changes described 

above expand the scope of the original 

NPRM (75 FR 66700, October 29, 2010). 

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 accomplishing the actions 

specified in the service information 

proposed in the original NPRM, and 

require incorporation of Sierra 

Industries, Ltd. Instructions for 

Continued Airworthiness, 82–1, Issue 1, 

dated June 12, 2012, into the FAAapproved maintenance program. 

The accomplishment and 

incorporation of these documents 

should adequately mitigate the unsafe 

condition. 

Costs of Compliance 

We estimate that this proposed AD 

affects 150 airplanes of U.S. registry. 

We estimate the following costs to 

comply with this AD: 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

Inspect the flap system and modify/replace 

the flap preselect control cable.

25 work-hours × $85 per hour = $2,125 ........ $1,000 $3,125 $468,750 

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. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

Cessna Aircraft Company: Docket No. FAA– 

2010–1084; Directorate Identifier 2010– 

CE–056–AD. 

(a) Comments Due Date 

We must receive comments by October 9, 

2012. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Cessna Aircraft 

Company (Cessna) Model 402C airplanes 


ebenthall on DSK5SPTVN1PROD with PROPOSALS
50956 Federal Register / Vol. 77, No. 164 / Thursday, August 23, 2012 / Proposed Rules 

modified by Supplemental Type Certificate 

(STC) SA927NW and Model 414A airplanes 

modified by STC SA892NW, all serial 

numbers, that are certificated in any category. 

(d) Subject 

Joint Aircraft System Component (JASC)/ 

Air Transport Association (ATA) of America 

Code 57, Wings. 

(e) Unsafe Condition 

This AD was prompted by a report of a 

Cessna Model 414A airplane modified by 

STC SA892NW that experienced an 

asymmetrical flap condition causing an 

uncommanded roll when the pilot set the 

flaps to the approach position. We are issuing 

this AD to prevent failure of the flap system, 

which could result in an asymmetrical flap 

condition. This condition could result in loss 

of control. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Inspection of the Flap Control System 

Within 60 days after the effective date of 

this AD, do a complete inspection of the flap 

control system following the Inspection 

Instructions section of Sierra Industries, Ltd. 

Service Bulletin SI09–82 Series-1, Rev. A, 

dated June 12, 2012. 

(h) Modification of the Flap Control System 

(1) If any damage to the flap bellcrank or 

bellcrank mounting structure is found in the 

inspection required in paragraph (g) of this 

AD, before further flight, repair the damage 

and modify the flap control system following 

the Accomplishment Instructions of Sierra 

Industries, Ltd. Service Bulletin SI09–82 

Series-1, Rev. A, dated June 12, 2012. 

(2) If no damage to the flap bellcrank or 

bellcrank mounting structure is found in the 

inspection required in paragraph (g) of this 

AD, within 180 days after the effective date 

of this AD, modify the flap control system 

following the Accomplishment Instructions 

of Sierra Industries, Ltd. Service Bulletin 

SI09–82 Series-1, Rev. A, dated June 12, 

2012. 

(i) Instructions for Continued Airworthiness 

Within 7 months after the effective date of 

this AD, or during your next annual 

inspection, whichever occurs earlier, 

incorporate Sierra Industries, Ltd. 

Instructions for Continued Airworthiness, 

82–1, Issue 1, dated June 12, 2012, into your 

FAA-approved maintenance program. 

(j) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Fort Worth Airplane 

Certification Office , 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. 

(k) Related Information 

(1) For more information about this AD, 

contact Michael A. Heusser, Program 

Manager, Fort Worth ACO, FAA, 2601 

Meacham Blvd., Fort Worth, Texas 76137; 

phone: (817) 222–5038; fax: (817) 222–5160; 

email: michael.a.heusser@faa.gov. 

(2) For service information identified in 

this AD, contact Sierra Industries, Ltd, 122 

Howard Langford Drive, Uvalde, Texas 

78801; telephone: 888–835–9377; email: 

info@sijet.com; Internet: http:// 

www.sijet.com. You may review copies of the 

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 August 

16, 2012. 

Earl Lawrence, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2012–20734 Filed 8–22–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 400 and 401 

[Docket No.: FAA–2012–0045; Notice No. 

12–05] 

RIN 2120–AJ90 

Exclusion of Tethered Launches From 

Licensing Requirements 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to exclude 

tethered launches as defined in this 

proposal from the existing licensing 

requirements. This proposed rule would 

maintain public safety for these 

launches by providing launch vehicle 

operators with clear and simple criteria 

for a safe tethered launch. The FAA 

would not require a license, permit or 

waiver for tethered launches that satisfy 

the design and operational criteria 

proposed here. 

DATES: Send comments on or before 

October 22, 2012. 

ADDRESSES: Send comments identified 

by docket number FAA–2012–0045, 

using any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30; U.S. Department of 

Transportation (DOT), 1200 New Jersey 

Avenue SE., Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue SE., Washington, DC, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

• Fax: Fax comments to Docket 

Operations at (202) 493–2251. 

Privacy: The FAA will post all 

comments it receives, without change, 

to http://www.regulations.gov, including 

any personal information the 

commenter provides. Using the search 

function of the docket Web site, anyone 

can find and read the electronic form of 

all comments received into any FAA 

dockets, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). DOT’s 

complete Privacy Act Statement can be 

found in the Federal Register published 

on April 11, 2000 (65 FR 19477–19478), 

as well as at http://DocketsInfo.dot.gov. 

Docket: Background documents or 

comments received may be read at 

http://www.regulations.gov at any time. 

Follow the online instructions for 

accessing the docket or Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this 

proposed rule, contact Shirley McBride, 

Commercial Space Transportation, 

Federal Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591; telephone (202) 

267–7470; email 

Shirley.McBride@faa.gov. 

For legal questions concerning this 

proposed rule, contact Sabrina Jawed, 

AGC–240, Office of the Chief Counsel, 

Federal Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591; telephone (202) 

267–8839; email 

Sabrina.Jawed@faa.gov. 

SUPPLEMENTARY INFORMATION: See the 

‘‘Additional Information’’ section for 

information on how to comment on this 

proposal and how the FAA will handle 

comments received. The ‘‘Additional 

Information’’ section also contains 

related information about the docket, 

privacy, and the handling of proprietary 

or confidential business information. In 

addition, there is information on 

obtaining copies of related rulemaking 

documents. 


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