[Federal Register Volume 64, Number 106 (Thursday, June 3, 1999)]
[Rules and Regulations]
[Pages 29781-29783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13875]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 99-CE-21-AD; Amendment 39-11184; AD 99-11-13]
RIN 2120-AA64
Airworthiness Directives; Cessna Aircraft Company Model 402C
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
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SUMMARY: This amendment adopts a new airworthiness directive (AD) that
applies to certain Cessna Aircraft Company (Cessna) Model 402C
airplanes. This AD requires inspecting the forward, aft, and auxiliary
wing spars for cracks; repairing any cracks found; and reporting the
results of the inspection to the Federal Aviation Administration (FAA).
This AD is 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. 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: Effective June 21, 1999.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of June 21, 1999.
Comments for inclusion in the Rules Docket must be received on or
before July 23, 1999.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Central Region, Office of the Regional Counsel,
Attention: Rules Docket No. 99-CE-21-AD, Room 1558, 601 E. 12th Street,
Kansas City, Missouri 64106.
Service information that applies to this AD may be obtained from
the Cessna Aircraft Company, P. O. Box 7706, Wichita, Kansas 67277;
telephone: (316) 941-7550, facsimile: (316) 942-9008. This information
may also be examined at the Federal Aviation Administration (FAA),
Central Region, Office of the Regional Counsel, Attention: Rules Docket
No. 99-CE-21-AD, Room 1558, 601 E. 12th Street, 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: Mr. 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
The FAA has received a report of an accident on a Cessna Model 402C
airplane where the right-hand wing failed just inboard of the nacelle
at Wing Station (WS) 87 during a normal descent. 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.
The airplane involved in the above-referenced accident had
accumulated over 20,000 hours time-in-service (TIS). Analysis shows
that the fatigue cracks could propagate after 10,000 hours TIS.
Information available to the FAA shows that a large percentage of the
Cessna Model 402C airplane fleet has already accumulated 10,000 hours
TIS.
Relevant Service Information
Cessna has issued Service Bulletin MEB99-3, dated May 6, 1999,
which includes procedures for conducting an internal and external
inspection of the forward, aft, and auxiliary wing spars for cracks.
The FAA's Determination
After examining the circumstances and reviewing all available
information related to the incidents described above, including the
relevant service information, the FAA has determined that:
--In order to detect cracking on Cessna Model 402C airplanes, an
external and internal inspection of the forward, aft, and auxiliary
wing spars for cracks should be accomplished upon accumulating 10,000
hours total TIS on the airplane or within the next 25 hours TIS for
those airplanes having already accumulated 10,000 hours TIS; and
--AD action should be taken to assure that these inspections are
accomplished.
Explanation of the Provisions of the AD
Since an unsafe condition has been identified that is likely to
exist or develop in other Cessna Model 402C airplanes of the same type
design, this AD requires inspecting the forward, aft, and auxiliary
wing spars for cracks; repairing any cracks found; and reporting the
results of the inspection to the FAA.
Accomplishment of the inspections as specified in this AD is
required in accordance with Cessna Service Bulletin MEB99-3, dated May
6, 1999. The repair, if necessary, is required in accordance with an
FAA-approved repair scheme.
Possible Follow-Up AD Action
The FAA is requiring a reporting requirement of the inspection
results in order to analyze the situation and determine whether
repetitive inspections of the wing spars are necessary. The FAA will
review all information received and will then determine whether
additional AD action is necessary.
[[Page 29782]]
Determination of the Effective Date of the AD
Since a situation (possible loss of control of the airplane caused
by a cracked wing spar) exists that requires the immediate adoption of
this regulation, it is found that notice and opportunity for public
prior comment hereon are impracticable, and that good cause exists for
making this amendment effective in less than 30 days.
Comments Invited
Although this action is in the form of a final rule that involves
requirements affecting immediate flight safety and, thus, was not
preceded by notice and opportunity to comment, comments are invited on
this rule. Interested persons are invited to comment on this rule by
submitting such written data, views, or arguments as they may desire.
Communications should identify the Rules Docket number and be submitted
in triplicate to the address specified above. All communications
received on or before the closing date for comments will be considered,
and this rule may be amended in light of the comments received. Factual
information that supports the commenter's ideas and suggestions is
extremely helpful in evaluating the effectiveness of the AD action and
determining whether additional rulemaking action would be needed.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. All comments submitted will be
available, both before and after the closing date for comments, in the
Rules Docket for examination by interested persons. A report that
summarizes each FAA-public contact concerned with the substance of this
AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this rule must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket No. 99-CE-21-AD.'' The postcard will be date stamped and
returned to the commenter.
Regulatory Impact
The regulations adopted herein will not have substantial direct
effects 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, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
The FAA has determined that this regulation is an emergency
regulation that must be issued immediately to correct an unsafe
condition in aircraft, and is not a significant regulatory action under
Executive Order 12866. It has been determined further that this action
involves an emergency regulation under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979). If it is determined that
this emergency regulation otherwise would be significant under DOT
Regulatory Policies and Procedures, a final regulatory evaluation will
be prepared and placed in the Rules Docket (otherwise, an evaluation is
not required). A copy of it, if filed, may be obtained from the Rules
Docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to 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. Section 39.13 is amended by adding a new airworthiness directive
(AD) to read as follows:
99-11-13 Cessna Aircraft Company: Amendment 39-11184; Docket No.
99-CE-21-AD.
Applicability: Model 402C airplanes, serial numbers 689;
402C0001 through 402C0125; 402C0201 through 402C0355; 402C0401
through 402C0528; 402C0601 through 402C0653; and 402C0801 through
402C1020, certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, 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 the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated in the body of this AD, unless
already accomplished.
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 compliance times of this AD take precedence
over those specified in the service bulletin.
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, accomplish the following:
(a) Upon accumulating 10,000 hours total time-in-service (TIS)
on the airplane or within the next 25 hours TIS after the effective
date of this AD, whichever occurs later, accomplish the external and
internal inspection of the forward, aft, and auxiliary wing spars
for cracks, in accordance with the ACCOMPLISHMENT INSTRUCTIONS
section of Cessna Service Bulletin MEB99-3, dated May 6, 1999.
(b) If any crack(s) is/are found on any forward, aft, or
auxiliary wing spar during the inspections required by paragraph (a)
of this AD, prior to further flight, accomplish the following:
(1) 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
(2) Incorporate this repair scheme.
(c) If any crack(s) is/are found during the inspections required
by paragraph (a) of this AD, submit a report of inspection findings
to the Manager, Wichita Aircraft Certification Office (ACO), 1801
Airport Road, Room 100, Mid-Continent Airport, Wichita, Kansas
67209; facsimile: (316) 946-4407; at the applicable time specified
in paragraph (c)(1) or (c)(2) of this AD. The report must include
the results of the findings, a description of any cracking found, a
description of any previous wing repairs or modifications, the
airplane serial number, and the total number of hours TIS on the
airplane. The ``Lower Wing Spars and Skin Inspection Report''
included as page 6 of Cessna Service Bulletin MEB99-3, dated May 6,
1999, may be utilized for this reporting requirement. Information
collection requirements contained in this regulation have been
approved by the Office of Management and Budget (OMB) under the
provisions of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et
seq.) and have been assigned OMB Control Number 2120-0056.
(1) For airplanes on which the inspections are accomplished
after the effective date of this AD: Submit the report within 10
days after performing the inspection required by paragraph (a) of
this AD.
(2) For airplanes on which the inspections have already been
accomplished prior to the effective date of this AD: Submit the
report within 10 days after the effective date of this AD, unless
already accomplished.
(d) Special flight permits may be issued in accordance with
Secs. 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR
21.197 and 21.199) to operate the airplane to a
[[Page 29783]]
location where the requirements of this AD can be accomplished.
(e) An alternative method of compliance or adjustment of the
compliance times that provides an equivalent level of safety may be
approved by the Manager, Wichita Aircraft Certification Office
(ACO), 1801 Airport Road, Room 100, Mid-Continent Airport, Wichita,
Kansas 67209. The request shall be forwarded through an appropriate
FAA Maintenance Inspector, who may add comments and then send it to
the Manager, Wichita ACO.
Note 3: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Wichita ACO.
(f) The inspections required by this AD shall be done in
accordance with Cessna Service Bulletin MEB99-3, dated May 6, 1999.
This incorporation by reference was approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Copies may be obtained from the Cessna Aircraft Company, P. O.
Box 7706, Wichita, Kansas 67277. Copies may be inspected at the FAA,
Central Region, Office of the Regional Counsel, Room 1558, 601 E.
12th Street, Kansas City, Missouri, or at the Office of the Federal
Register, 800 North Capitol Street, NW, suite 700, Washington, DC.
(g) This amendment becomes effective on June 21, 1999.
Issued in Kansas City, Missouri, on May 21, 1999.
Michael K. Dahl,
Acting Manager, Small Airplane Directorate.
[FR Doc. 99-13875 Filed 6-2-99; 8:45 am]
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