[Federal Register Volume 76, Number 107 (Friday, June 3, 2011)]
[Proposed Rules]
[Pages 32103-32105]
From the Federal Register Online via the Government Publishing 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
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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.
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(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.
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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