Airworthiness Directives; Cessna Aircraft Company 150 and 152 Series Airplanes, 22429-22432 [E9-11029]
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Federal Register / Vol. 74, No. 91 / Wednesday, May 13, 2009 / Rules and Regulations
Material Incorporated by Reference
(l) None.
Issued in Burlington, Massachusetts, on
May 4, 2009.
Peter A. White,
Assistant Manager, Engine and Propeller
Directorate, Aircraft Certification Service.
[FR Doc. E9–10953 Filed 5–12–09; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2007–27747; Directorate
Identifier 2007–CE–030–AD; Amendment
39–15904; AD 2009–10–09]
RIN 2120–AA64
Airworthiness Directives; Cessna
Aircraft Company 150 and 152 Series
Airplanes
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for Cessna
Aircraft Company (Cessna) 150 and 152
series airplanes. This AD requires you to
either install a placard prohibiting spins
and other acrobatic maneuvers in the
airplane or to replace the rudder stop,
rudder stop bumper, and attachment
hardware with a new rudder stop
modification kit and replace the safety
wire with jamnuts. This AD results from
follow-on investigations of two
accidents where the rudder was found
in the over-travel position with the stop
plate hooked over the stop bolt heads.
While neither of the accident aircraft
met type design, investigations revealed
that aircraft in full conformity with type
design can exceed the travel limits set
by the rudder stops. We are issuing this
AD to prevent the rudder from traveling
past the normal travel limit. Operation
in this non-certificated control position
is unacceptable and could cause
undesirable consequences, such as
contact between the rudder and the
elevator.
DATES: This AD becomes effective on
June 17, 2009.
On June 17, 2009, the Director of the
Federal Register approved the
incorporation by reference of certain
publications listed in this AD.
ADDRESSES: To get the service
information identified in this AD,
contact Cessna Aircraft Company,
Product Support, P.O. Box 7706,
Wichita, KS 67277; telephone: (316)
VerDate Nov<24>2008
17:32 May 12, 2009
Jkt 217001
517–5800; fax: (316) 517–7271; Internet:
https://www.cessna.com.
To view the AD docket, go to U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue, SE., Washington,
DC 20590, or on the Internet at https://
www.regulations.gov. The docket
number is FAA–2007–27747;
Directorate Identifier 2007–CE–030–AD.
FOR FURTHER INFORMATION CONTACT: Ann
Johnson, Aerospace Engineer, FAA,
Wichita Aircraft Certification Office,
1801 Airport Road, Room 100, Wichita,
Kansas 67209; telephone: (316) 946–
4105; fax: (316) 946–4107.
SUPPLEMENTARY INFORMATION:
Discussion
On April 10, 2007, 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 Aircraft Company
(Cessna) 150 and 152 series airplanes.
This proposal was published in the
Federal Register as a notice of proposed
rulemaking (NPRM) on April 16, 2007
(72 FR 18925). The NPRM proposed to
require replacement of the rudder stop,
rudder stop bumper, and attachment
hardware with a new rudder stop
modification kit and replacement of the
safety wire with jamnuts.
Comments
We provided the public the
opportunity to participate in developing
this AD. The following presents the
comments received on the proposal and
FAA’s response to each comment:
Comment Issue No. 1: SAIB Instead of
NPRM
Joseph Morales, Gary Iverson, Sr., Al
Roesner, Gerald D. Clark, Al Dyer, Neal
Trullson, McBride Aircraft Group,
Matthew M. Gosslein, Samuel K.
McCauley, Robert E. Hackman from the
Aircraft Owners and Pilots Association
(AOPA), and Tom Carr from the Cessna
Pilots Association (CPA) comment that
the FAA should withdraw the NPRM
and issue a special airworthiness
information bulletin (SAIB). The
commenters state that if the aircraft is
properly maintained and rigged, then no
problems exist; problems should easily
be detected visually during routine
maintenance; and a rudder system that
is built and installed correctly is
virtually impossible to jam. The
commenters state adequate regulations
and requirements are in place to assure
the inspection of the rudder system is
completed during annual or 100-hour
inspections in 14 CFR part 43,
Appendix D and in the Cessna service
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22429
publication. In addition, the
commenters point out the following:
• Two service difficulty reports were
found but none for a jammed rudder.
• In the Ohio accident, the rudder
stop was installed inverted, and the
functionality of the stop configuration
was compromised.
• If you remove the right rudder
return spring and disconnect the right
rudder control cable, then the left
locked rudder event from the Canadian
accident could be duplicated.
• The two accident airplanes were
not airworthy prior to flight.
The commenters further state that
requiring replacement of the rudder
stop, rudder stop bumper, attachment
hardware, and substituting safety wire
with jamnuts is an overreaction. The
commenters request that the FAA
withdraw the NPRM and issue an SAIB
since the problem is with a very limited
number of airplanes, specifically the
Cessna Model 152, and improper
maintenance was cited as the cause of
the two previously mentioned
accidents. The commenters state the
airplanes have flown for 51 years and
thousands of hours with no previous
problems, and installing the original
equipment manufacturer (OEM) kit on
17,090 domestic airplanes would put
the airplanes at risk.
We do not agree that this action
should be an SAIB instead of an AD.
While the two accident aircraft were not
airworthy, the issue that needs to be
corrected is a design issue, not a
maintenance issue. Follow-on
investigations did reveal that rudders on
aircraft in full conformity with type
design can exceed the travel limits set
by the rudder stops. Operation in this
non-certificated control position is
unacceptable and could cause
undesirable consequences. Markings on
one accident aircraft correspond with
previous contact between the rudder
and elevator, and similar markings were
noted on several in-service airplanes.
We will change the final rule AD to
provide another option in lieu of the
actions in the proposed AD. For the new
option, the limitations section in the
airplane flight manual (AFM) and the
pilots operating handbook (POH) must
be changed to prohibit acrobatics. A
placard would be displayed on the
instrument panel in clear view of the
pilot with the words ‘‘INTENTIONAL
SPINS AND OTHER ACROBATIC/
AEROBATIC MANEUVERS
PROHIBITED PER AD 2009–10–09.’’
We retain as an option the actions
complying with the service information
as specified in the proposed AD. After
such action is done, the specified
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Federal Register / Vol. 74, No. 91 / Wednesday, May 13, 2009 / Rules and Regulations
operational limitations in the added
option (if utilized) may be removed.
We are changing the final rule AD
action by adding language to address the
option of the operational limitations.
Comment Issue No. 2: How Is Change
Justified
Cessna Aircraft Company states that
the National Transportation Safety
Board (NTSB) recommendation of
mandating by AD the installation of the
Cessna service kit would not have
prevented the accidents. Cessna states
that they have no data that indicates a
flight or ground procedure can deflect
the rudder stop to a position where the
stop is behind the bolt. From the dirt in
the accident photograph, Cessna
believes forces generated in the accident
moved the rudder relative to the rudder
stop, and that is how it hooked behind
the stop. Cessna states that in the
Canadian accident the rudder was
possibly pushed over the stop by
hydrodynamic or inertia forces. Cessna
notes that if both rudder pedals were
pressed simultaneously, then the rudder
stop would slip below the stop bolts and
contact the fuselage skin without any
tendency to jam; larger stops and bolts
minimize this tendency. A Cessna
service bulletin was issued in 2001 to
address this concern. Cessna has no
objection to adoption of an AD
mandating installation of the service kit.
We agree with Cessna that the rudder
stop can slip below the stop bolts and
contact the fuselage skin but will not
jam. This slippage below the stop bolt
is not acceptable, and we agree that the
Cessna kits will prevent this from
occurring. In addition (and more central
to this AD), installing the kits will
prevent the rudder from exceeding its
travel limits, which will prevent contact
between the rudder and the elevator.
One of the options for addressing the
unsafe condition in this AD is the
installation of such kits.
We are not changing the final rule AD
action based on this comment.
Comment Issue No. 3: Cost Is Excessive
Joseph Morales, Al Roesner, Gerald D.
Clark, and Al Dyer comment that the
expenses stated in the Cessna service
bulletin and in the NPRM are excessive.
We disagree. We received an
estimated parts cost of $90 (as of
January 2009) from the manufacturer
with 4 hours of labor. At $80 per hour,
the total cost to install a kit would be
about $410 per airplane. The added
operation limitation option, as
described in Comment Issue No. 1,
would permit compliance with the AD
with minimal cost. Since we expect
most operators will comply by simply
installing the placard, the cost to the
entire fleet would be greatly reduced.
We are not changing the final rule AD
action based on this comment.
Comment Issue No. 4: Rush to Judgment
Joseph Morales comments that the
FAA rushed to judgment taking AD
action for a condition that could be
discovered during routine maintenance
by the operator or mechanic. The
commenter believes that the amount of
actual accidents because of this
condition proves this point.
We agree that some problems with the
rudder system can be determined
visually during routine maintenance.
However, the issue that needs to be
corrected is a design issue, not a
maintenance issue. We disagree that this
is a rush to judgment. By installing the
kits, aircraft performing acrobatics/
aerobatics will be protected from the
rudder exceeding its travel limits.
Operation in this non-certificated
control position is unacceptable and
could cause undesirable consequences,
such as rudder and elevator contact.
Since the NPRM was published, even
more thought was given to this AD by
giving non-acrobatic/aerobatic operators
the option of installing a placard,
prohibiting acrobatic/aerobatics instead
of installing the modification kit. We are
not changing the final rule AD action
based on this comment.
Conclusion
We have carefully reviewed the
available data and determined that air
safety and the public interest require
adopting the AD as proposed except for
the changes previously discussed and
minor editorial corrections. We have
determined that these minor
corrections:
• Are consistent with the intent that
was proposed in the NPRM for
correcting the unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the NPRM.
Costs of Compliance
We estimate that this AD affects
17,090 airplanes in the U.S. registry.
We estimate the following costs to
insert the operational limitation:
Total cost per
airplane
Labor cost
Parts cost
1 work-hour × $80 per hour = $80 .....................................................................
Total cost on
U.S. operators
$80
$1,367,200
Total cost per
airplane
Total cost on
U.S. operators
$410
$7,006,900
Not applicable .........................
We estimate the following costs to do
the modification:
Labor cost
Parts cost
4 work-hours × $80 per hour = $320 ..........................................................................................
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.
VerDate Nov<24>2008
17:32 May 12, 2009
Jkt 217001
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
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$90
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 AD.
Regulatory Findings
We have determined that this AD will
not have federalism implications under
Executive Order 13132. This AD will
not have a substantial direct effect on
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Federal Register / Vol. 74, No. 91 / Wednesday, May 13, 2009 / Rules and Regulations
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 that this AD:
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); 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.
We prepared a summary of the costs
to comply with this AD (and other
information as included in the
Regulatory Evaluation) and placed it in
the AD Docket. You may get a copy of
this summary by sending a request to us
at the address listed under ADDRESSES.
Include ‘‘Docket No. FAA–2007–27747;
Directorate Identifier 2007–CE–030–
AD’’ in your request.
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.
2. FAA amends § 39.13 by adding a
new AD to read as follows:
■
2009–10–09 Cessna Aircraft Company:
Amendment 39–15904; Docket No.
FAA–2007–27747; Directorate Identifier
2007–CE–030–AD.
Effective Date
(a) This AD becomes effective on June 17,
2009.
Affected ADs
(b) None.
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:
■
Models
Serial Nos.
(1) 150F ......
(2) 150G ......
15061533 through 15064532.
15064533 through 15064969
and 15064971 through
15067198.
15067199 through 15069308
and 649.
15069309 through 15071128.
15071129 through 15072003.
15072004 through 15075781.
15075782 through 15079405.
A1500001 through A1500226.
A1500227 through A1500432
and A1500434 through
A1500523.
A1500524 through A1500734
and 15064970.
(3) 150H ......
150J .......
150K ......
150L .......
150M ......
A150K ....
A150L ....
(10) A150M
Action
17:32 May 12, 2009
F150–0001 through F150–
0067.
F150–0068 through F150–
0219.
F150–0220 through F150–
0389.
F150–0390 through F150–
0529.
F15000530 through
F15000658.
F15000659 through
F15001143.
F15001144 through
F15001428.
FA1500001 through
FA1500081.
FA1500082 through
FA1500261.
FA1500262 through
FA1500336.
15279406 through 15286033.
A1520735 through A1521049,
A1500433, and 681.
F15201429 through
F15201980.
FA1520337 through
FA1520425.
(12) F150G ..
(13) F150H ..
(14) F150J ...
(15) F150K ..
(16) F150L ..
(17) F150M
(18) FA150K
(19) FA150L
(21) 152 .......
(22) A152 ....
(23) F152 ....
(24) FA152 ..
Unsafe Condition
(d) Aircraft in full conformity with type
design can exceed the travel limits set by the
rudder stops. We are issuing this AD to
prevent the rudder from traveling past the
normal travel limit. Operation in this noncertificated control position is unacceptable
and could cause undesirable consequences,
such as contact between the rudder and the
elevator.
Compliance
(e) To address this problem, you must do
either the actions in option 1 or option 2 of
this AD, unless already done:
Compliance
Option 1: For all airplanes that do not have
modification kits part number (P/N) SK152–
25A or P/N SK152–24A installed, do the following:
(i) Insert the following text into the Limitations section of the FAA-approved airplane flight manual (AFM), and pilots
operating handbook (POH): ‘‘INTENTIONAL SPINS AND OTHER ACROBATIC/AEROBATIC
MANEUVERS
PROHIBITED PER AD 2009–10–09.’’
NOTE: THIS AD DOES NOT PROHIBIT
PERFORMING
INTENTIONAL
STALLS.’’.
(ii) Fabricate a placard (using at least 1/8inch letters) with the following words
and install the placard on the instrument
panel within the pilot’s clear view: ‘‘INTENTIONAL SPINS AND OTHER ACROBATIC/AEROBATIC MANEUVERS
PROHIBITED PER AD 2009–10–09.’’
(iii) The AFM and POH limitations in paragraph (e)(1)(i) of the AD and the placard
in paragraph (e)(1)(ii) of this AD may be
removed after either paragraph (e)(2)(i)
or paragraph (e)(2)(ii) of this AD is
done.
VerDate Nov<24>2008
(11) F150F ..
(20) FA150M
Applicability
(c) This AD applies to the following
airplane models and serial numbers that are
certificated in any category:
(4)
(5)
(6)
(7)
(8)
(9)
Serial Nos.
[Amended]
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Models
■
§ 39.13
22431
Jkt 217001
Procedures
Within the next 100 hours time-in-service (TIS)
after June 17, 2009 (the effective date of
this AD), or within the next 12 months after
June 17, 2009 (the effective date of this
AD), whichever occurs first.
A person authorized to perform maintenance
as specified in 14 CFR section 43.3 of the
Federal Aviation Administration Regulations
(14 CFR 43.3) is required to make the AFM
and POH changes, fabricate the placard required in paragraph (e)(1)(i) of this AD, and
make an entry into the aircraft logbook
showing compliance with the portion of the
AD per compliance with 14 CFR 43.9.
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Federal Register / Vol. 74, No. 91 / Wednesday, May 13, 2009 / Rules and Regulations
Action
Compliance
Procedures
(2) Option 2: Install a rudder stop modification
kit:
(i) For airplanes with a forged bulkhead:
(A) Replace the rudder stops, rudder
stop bumpers, and attachment
hardware with the new rudder stop
modification kit P/N SK152–25A;
and
Within the next 100 hours TIS June 17, 2009
(the effective date of this AD), or within the
next 12 months after June 17, 2009 (the effective date of this AD), whichever occurs
first.
Follow Cessna Aircraft Company Service Bulletin SEB01–1, dated January 22, 2001;
and, as applicable, either Cessna Aircraft
Company Service Kit SK152–25A, Revision
A, dated February 9, 2001, or Cessna Aircraft Company Service Kit SK152–24A, Revision A, dated March 9, 2001.
A, dated February 9, 2001; or Cessna Aircraft
Company Service Kit SK152–24A, Revision
A, dated March 9, 2001, to do the actions
required by this AD, unless the AD specifies
otherwise.
(1) The Director of the Federal Register
approved the incorporation by reference of
this service information under 5 U.S.C.
552(a) and 1 CFR part 51.
(2) For service information identified in
this AD, contact Cessna Aircraft Company,
Product Support, P.O. Box 7706, Wichita, KS
67277; telephone: (316) 517–5800; fax: (316)
517–7271; Internet: https://www.cessna.com.
(3) You may review copies at the FAA,
Central Region, Office of the Regional
Counsel, 901 Locust, Kansas City, Missouri
64106; or at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030, or go
to: https://www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
DEPARTMENT OF TRANSPORTATION
(B) Replace safety wire with jamnuts
(ii) For airplanes with a sheet metal bulkhead:
(A) Replace the rudder stops, rudder
stop bumpers, and attachment
hardware with the new rudder stop
modification kit P/N SK152–24A;
and
(B) Replace safety wire with jamnuts
(f) Kit P/Ns SK152–24 and SK152–25,
which are listed in SEB01–1, were
superseded by kit P/Ns SK152–24A and
SK152–25A. Cessna has not revised the
service bulletin to reflect the new P/Ns. The
kit P/Ns SK 152–24 and SK152–25 would
automatically be filled with P/Ns SK152–24A
and SK152–25A, respectively.
(1) The P/N SK 152–24 kit does not address
the unsafe condition because the nutplate in
the kit can not be used due to rivet spacing
on the aft bulkhead. In addition, a note was
added to kit P/N SK152–24A stating ‘‘some
airplanes in this serial range may have a
forged bulkhead installed after leaving the
factory. Service Kit SK152–25A or later
revision must be used to modify these
airplanes.’’ The kit P/N SK152–25 does not
address the unsafe condition because there
was an error in a washer P/N. This error was
corrected in the kit P/N SK152–25A kit.
Therefore, kit P/Ns SK152–24 and SK152–25
are not allowed for installation for this AD.
(2) If you previously had a kit P/N SK152–
24 or SK152–25 installed and you choose to
use the kit installation option, the kit P/N
SK152–24A or SK152–25A, as applicable,
must be installed.
Alternative Methods of Compliance
(AMOCs)
(g) The Manager, FAA, ATTN: Ann
Johnson, Aerospace Engineer, FAA, Wichita
Aircraft Certification Office, 1801 Airport
Road, Room 100, Wichita, Kansas 67209;
telephone: (316) 946–4105; fax: (316) 946–
4107, has the authority to approve AMOCs
for this AD, if requested using the procedures
found in 14 CFR 39.19. Before using any
approved AMOC on any airplane to which
the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight
Standards District Office (FSDO), or lacking
a PI, your local FSDO.
Issued in Kansas City, Missouri, on May 5,
2009.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft
Certification Service.
[FR Doc. E9–11029 Filed 5–12–09; 8:45 am]
17:32 May 12, 2009
Jkt 217001
PO 00000
14 CFR Part 39
[Docket No. FAA–2009–0428; Directorate
Identifier 2009–NM–053–AD; Amendment
39–15900; AD 2009–10–05]
RIN 2120–AA64
Airworthiness Directives; Bombardier
Model CL–600–2B19 (Regional Jet
Series 100 and 440) Airplanes
AGENCY: Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for
comments.
SUMMARY: We are adopting a new
airworthiness directive (AD) for the
products listed above. This AD results
from mandatory continuing
airworthiness information (MCAI)
originated by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as:
A number of Flap Actuators with P/N [part
number] 601R93101–21 and 601R93101–25
were identified as having pinion gears that
did not have acceptable certificates of
conformance from the supplier. This
condition could result in flap failure. * * *
BILLING CODE 4910–13–P
Endurance testing conducted at Eaton
Aerospace with representative
discrepant gears predicted a 3,000 flight
cycle life limit for the affected actuators.
Fleet leaders with suspect installed
actuators are rapidly approaching this
threshold. Failure of the flap actuator
pinion gear set could cause the right or
left inboard panel to disconnect, which
could result in flap asymmetry and
Material Incorporated by Reference
(h) If you choose to comply with this AD
using paragraph (e)(2) of this AD, you must
use Cessna Aircraft Company Service
Bulletin SEB01–1, dated January 22, 2001;
and, as applicable, either Cessna Aircraft
Company Service Kit SK152–25A, Revision
VerDate Nov<24>2008
Federal Aviation Administration
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]]>Agencies
[Federal Register Volume 74, Number 91 (Wednesday, May 13, 2009)]
[Rules and Regulations]
[Pages 22429-22432]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-11029]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-27747; Directorate Identifier 2007-CE-030-AD;
Amendment 39-15904; AD 2009-10-09]
RIN 2120-AA64
Airworthiness Directives; Cessna Aircraft Company 150 and 152
Series Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
Cessna Aircraft Company (Cessna) 150 and 152 series airplanes. This AD
requires you to either install a placard prohibiting spins and other
acrobatic maneuvers in the airplane or to replace the rudder stop,
rudder stop bumper, and attachment hardware with a new rudder stop
modification kit and replace the safety wire with jamnuts. This AD
results from follow-on investigations of two accidents where the rudder
was found in the over-travel position with the stop plate hooked over
the stop bolt heads. While neither of the accident aircraft met type
design, investigations revealed that aircraft in full conformity with
type design can exceed the travel limits set by the rudder stops. We
are issuing this AD to prevent the rudder from traveling past the
normal travel limit. Operation in this non-certificated control
position is unacceptable and could cause undesirable consequences, such
as contact between the rudder and the elevator.
DATES: This AD becomes effective on June 17, 2009.
On June 17, 2009, the Director of the Federal Register approved the
incorporation by reference of certain publications listed in this AD.
ADDRESSES: To get the service information identified in this AD,
contact Cessna Aircraft Company, Product Support, P.O. Box 7706,
Wichita, KS 67277; telephone: (316) 517-5800; fax: (316) 517-7271;
Internet: https://www.cessna.com.
To view the AD docket, go to U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue, SE., Washington, DC 20590, or on the Internet at
https://www.regulations.gov. The docket number is FAA-2007-27747;
Directorate Identifier 2007-CE-030-AD.
FOR FURTHER INFORMATION CONTACT: Ann Johnson, Aerospace Engineer, FAA,
Wichita Aircraft Certification Office, 1801 Airport Road, Room 100,
Wichita, Kansas 67209; telephone: (316) 946-4105; fax: (316) 946-4107.
SUPPLEMENTARY INFORMATION:
Discussion
On April 10, 2007, 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 Aircraft Company (Cessna) 150 and 152
series airplanes. This proposal was published in the Federal Register
as a notice of proposed rulemaking (NPRM) on April 16, 2007 (72 FR
18925). The NPRM proposed to require replacement of the rudder stop,
rudder stop bumper, and attachment hardware with a new rudder stop
modification kit and replacement of the safety wire with jamnuts.
Comments
We provided the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
and FAA's response to each comment:
Comment Issue No. 1: SAIB Instead of NPRM
Joseph Morales, Gary Iverson, Sr., Al Roesner, Gerald D. Clark, Al
Dyer, Neal Trullson, McBride Aircraft Group, Matthew M. Gosslein,
Samuel K. McCauley, Robert E. Hackman from the Aircraft Owners and
Pilots Association (AOPA), and Tom Carr from the Cessna Pilots
Association (CPA) comment that the FAA should withdraw the NPRM and
issue a special airworthiness information bulletin (SAIB). The
commenters state that if the aircraft is properly maintained and
rigged, then no problems exist; problems should easily be detected
visually during routine maintenance; and a rudder system that is built
and installed correctly is virtually impossible to jam. The commenters
state adequate regulations and requirements are in place to assure the
inspection of the rudder system is completed during annual or 100-hour
inspections in 14 CFR part 43, Appendix D and in the Cessna service
publication. In addition, the commenters point out the following:
Two service difficulty reports were found but none for a
jammed rudder.
In the Ohio accident, the rudder stop was installed
inverted, and the functionality of the stop configuration was
compromised.
If you remove the right rudder return spring and
disconnect the right rudder control cable, then the left locked rudder
event from the Canadian accident could be duplicated.
The two accident airplanes were not airworthy prior to
flight.
The commenters further state that requiring replacement of the
rudder stop, rudder stop bumper, attachment hardware, and substituting
safety wire with jamnuts is an overreaction. The commenters request
that the FAA withdraw the NPRM and issue an SAIB since the problem is
with a very limited number of airplanes, specifically the Cessna Model
152, and improper maintenance was cited as the cause of the two
previously mentioned accidents. The commenters state the airplanes have
flown for 51 years and thousands of hours with no previous problems,
and installing the original equipment manufacturer (OEM) kit on 17,090
domestic airplanes would put the airplanes at risk.
We do not agree that this action should be an SAIB instead of an
AD. While the two accident aircraft were not airworthy, the issue that
needs to be corrected is a design issue, not a maintenance issue.
Follow-on investigations did reveal that rudders on aircraft in full
conformity with type design can exceed the travel limits set by the
rudder stops. Operation in this non-certificated control position is
unacceptable and could cause undesirable consequences. Markings on one
accident aircraft correspond with previous contact between the rudder
and elevator, and similar markings were noted on several in-service
airplanes. We will change the final rule AD to provide another option
in lieu of the actions in the proposed AD. For the new option, the
limitations section in the airplane flight manual (AFM) and the pilots
operating handbook (POH) must be changed to prohibit acrobatics. A
placard would be displayed on the instrument panel in clear view of the
pilot with the words ``INTENTIONAL SPINS AND OTHER ACROBATIC/AEROBATIC
MANEUVERS PROHIBITED PER AD 2009-10-09.''
We retain as an option the actions complying with the service
information as specified in the proposed AD. After such action is done,
the specified
[[Page 22430]]
operational limitations in the added option (if utilized) may be
removed.
We are changing the final rule AD action by adding language to
address the option of the operational limitations.
Comment Issue No. 2: How Is Change Justified
Cessna Aircraft Company states that the National Transportation
Safety Board (NTSB) recommendation of mandating by AD the installation
of the Cessna service kit would not have prevented the accidents.
Cessna states that they have no data that indicates a flight or ground
procedure can deflect the rudder stop to a position where the stop is
behind the bolt. From the dirt in the accident photograph, Cessna
believes forces generated in the accident moved the rudder relative to
the rudder stop, and that is how it hooked behind the stop. Cessna
states that in the Canadian accident the rudder was possibly pushed
over the stop by hydrodynamic or inertia forces. Cessna notes that if
both rudder pedals were pressed simultaneously, then the rudder stop
would slip below the stop bolts and contact the fuselage skin without
any tendency to jam; larger stops and bolts minimize this tendency. A
Cessna service bulletin was issued in 2001 to address this concern.
Cessna has no objection to adoption of an AD mandating installation of
the service kit.
We agree with Cessna that the rudder stop can slip below the stop
bolts and contact the fuselage skin but will not jam. This slippage
below the stop bolt is not acceptable, and we agree that the Cessna
kits will prevent this from occurring. In addition (and more central to
this AD), installing the kits will prevent the rudder from exceeding
its travel limits, which will prevent contact between the rudder and
the elevator. One of the options for addressing the unsafe condition in
this AD is the installation of such kits.
We are not changing the final rule AD action based on this comment.
Comment Issue No. 3: Cost Is Excessive
Joseph Morales, Al Roesner, Gerald D. Clark, and Al Dyer comment
that the expenses stated in the Cessna service bulletin and in the NPRM
are excessive.
We disagree. We received an estimated parts cost of $90 (as of
January 2009) from the manufacturer with 4 hours of labor. At $80 per
hour, the total cost to install a kit would be about $410 per airplane.
The added operation limitation option, as described in Comment Issue
No. 1, would permit compliance with the AD with minimal cost. Since we
expect most operators will comply by simply installing the placard, the
cost to the entire fleet would be greatly reduced.
We are not changing the final rule AD action based on this comment.
Comment Issue No. 4: Rush to Judgment
Joseph Morales comments that the FAA rushed to judgment taking AD
action for a condition that could be discovered during routine
maintenance by the operator or mechanic. The commenter believes that
the amount of actual accidents because of this condition proves this
point.
We agree that some problems with the rudder system can be
determined visually during routine maintenance. However, the issue that
needs to be corrected is a design issue, not a maintenance issue. We
disagree that this is a rush to judgment. By installing the kits,
aircraft performing acrobatics/aerobatics will be protected from the
rudder exceeding its travel limits. Operation in this non-certificated
control position is unacceptable and could cause undesirable
consequences, such as rudder and elevator contact. Since the NPRM was
published, even more thought was given to this AD by giving non-
acrobatic/aerobatic operators the option of installing a placard,
prohibiting acrobatic/aerobatics instead of installing the modification
kit. We are not changing the final rule AD action based on this
comment.
Conclusion
We have carefully reviewed the available data and determined that
air safety and the public interest require adopting the AD as proposed
except for the changes previously discussed and minor editorial
corrections. We have determined that these minor corrections:
Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
Costs of Compliance
We estimate that this AD affects 17,090 airplanes in the U.S.
registry.
We estimate the following costs to insert the operational
limitation:
----------------------------------------------------------------------------------------------------------------
Total cost per Total cost on
Labor cost Parts cost airplane U.S. operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $80 per hour = $80............... Not applicable................. $80 $1,367,200
----------------------------------------------------------------------------------------------------------------
We estimate the following costs to do the modification:
----------------------------------------------------------------------------------------------------------------
Total cost per Total cost on
Labor cost Parts cost airplane U.S. operators
----------------------------------------------------------------------------------------------------------------
4 work-hours x $80 per hour = $320.............................. $90 $410 $7,006,900
----------------------------------------------------------------------------------------------------------------
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 AD.
Regulatory Findings
We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on
[[Page 22431]]
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 that this AD:
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); 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.
We prepared a summary of the costs to comply with this AD (and
other information as included in the Regulatory Evaluation) and placed
it in the AD Docket. You may get a copy of this summary by sending a
request to us at the address listed under ADDRESSES. Include ``Docket
No. FAA-2007-27747; Directorate Identifier 2007-CE-030-AD'' in your
request.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
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
0
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]
0
2. FAA amends Sec. 39.13 by adding a new AD to read as follows:
2009-10-09 Cessna Aircraft Company: Amendment 39-15904; Docket No.
FAA-2007-27747; Directorate Identifier 2007-CE-030-AD.
Effective Date
(a) This AD becomes effective on June 17, 2009.
Affected ADs
(b) None.
Applicability
(c) This AD applies to the following airplane models and serial
numbers that are certificated in any category:
------------------------------------------------------------------------
Models Serial Nos.
------------------------------------------------------------------------
(1) 150F......................... 15061533 through 15064532.
(2) 150G......................... 15064533 through 15064969 and
15064971 through 15067198.
(3) 150H......................... 15067199 through 15069308 and 649.
(4) 150J......................... 15069309 through 15071128.
(5) 150K......................... 15071129 through 15072003.
(6) 150L......................... 15072004 through 15075781.
(7) 150M......................... 15075782 through 15079405.
(8) A150K........................ A1500001 through A1500226.
(9) A150L........................ A1500227 through A1500432 and
A1500434 through A1500523.
(10) A150M....................... A1500524 through A1500734 and
15064970.
(11) F150F....................... F150-0001 through F150-0067.
(12) F150G....................... F150-0068 through F150-0219.
(13) F150H....................... F150-0220 through F150-0389.
(14) F150J....................... F150-0390 through F150-0529.
(15) F150K....................... F15000530 through F15000658.
(16) F150L....................... F15000659 through F15001143.
(17) F150M....................... F15001144 through F15001428.
(18) FA150K...................... FA1500001 through FA1500081.
(19) FA150L...................... FA1500082 through FA1500261.
(20) FA150M...................... FA1500262 through FA1500336.
(21) 152......................... 15279406 through 15286033.
(22) A152........................ A1520735 through A1521049, A1500433,
and 681.
(23) F152........................ F15201429 through F15201980.
(24) FA152....................... FA1520337 through FA1520425.
------------------------------------------------------------------------
Unsafe Condition
(d) Aircraft in full conformity with type design can exceed the
travel limits set by the rudder stops. We are issuing this AD to
prevent the rudder from traveling past the normal travel limit.
Operation in this non-certificated control position is unacceptable
and could cause undesirable consequences, such as contact between
the rudder and the elevator.
Compliance
(e) To address this problem, you must do either the actions in
option 1 or option 2 of this AD, unless already done:
------------------------------------------------------------------------
Action Compliance Procedures
------------------------------------------------------------------------
Option 1: For all airplanes that
do not have modification kits
part number (P/N) SK152-25A or
P/N SK152-24A installed, do the
following:
(i) Insert the following Within the next A person
text into the Limitations 100 hours time-in- authorized to
section of the FAA-approved service (TIS) perform
airplane flight manual after June 17, maintenance as
(AFM), and pilots operating 2009 (the specified in 14
handbook (POH): effective date of CFR section 43.3
``INTENTIONAL SPINS AND this AD), or of the Federal
OTHER ACROBATIC/AEROBATIC within the next Aviation
MANEUVERS PROHIBITED PER AD 12 months after Administration
2009-10-09.'' NOTE: THIS AD June 17, 2009 Regulations (14
DOES NOT PROHIBIT (the effective CFR 43.3) is
PERFORMING INTENTIONAL date of this AD), required to make
STALLS.''. whichever occurs the AFM and POH
first. changes,
fabricate the
placard required
in paragraph
(e)(1)(i) of this
AD, and make an
entry into the
aircraft logbook
showing
compliance with
the portion of
the AD per
compliance with
14 CFR 43.9.
(ii) Fabricate a placard
(using at least 1/8-inch
letters) with the following
words and install the
placard on the instrument
panel within the pilot's
clear view: ``INTENTIONAL
SPINS AND OTHER ACROBATIC/
AEROBATIC MANEUVERS
PROHIBITED PER AD 2009-10-
09.''
(iii) The AFM and POH
limitations in paragraph
(e)(1)(i) of the AD and the
placard in paragraph
(e)(1)(ii) of this AD may
be removed after either
paragraph (e)(2)(i) or
paragraph (e)(2)(ii) of
this AD is done.
[[Page 22432]]
(2) Option 2: Install a rudder
stop modification kit:
(i) For airplanes with a
forged bulkhead:
(A) Replace the rudder Within the next Follow Cessna
stops, rudder stop 100 hours TIS Aircraft Company
bumpers, and attachment June 17, 2009 Service Bulletin
hardware with the new (the effective SEB01-1, dated
rudder stop date of this AD), January 22, 2001;
modification kit P/N or within the and, as
SK152-25A; and next 12 months applicable,
after June 17, either Cessna
2009 (the Aircraft Company
effective date of Service Kit SK152-
this AD), 25A, Revision A,
whichever occurs dated February 9,
first. 2001, or Cessna
Aircraft Company
Service Kit SK152-
24A, Revision A,
dated March 9,
2001.
(B) Replace safety wire
with jamnuts
(ii) For airplanes with a
sheet metal bulkhead:
(A) Replace the rudder
stops, rudder stop
bumpers, and attachment
hardware with the new
rudder stop
modification kit P/N
SK152-24A; and
(B) Replace safety wire
with jamnuts
------------------------------------------------------------------------
(f) Kit P/Ns SK152-24 and SK152-25, which are listed in SEB01-1,
were superseded by kit P/Ns SK152-24A and SK152-25A. Cessna has not
revised the service bulletin to reflect the new P/Ns. The kit P/Ns
SK 152-24 and SK152-25 would automatically be filled with P/Ns
SK152-24A and SK152-25A, respectively.
(1) The P/N SK 152-24 kit does not address the unsafe condition
because the nutplate in the kit can not be used due to rivet spacing
on the aft bulkhead. In addition, a note was added to kit P/N SK152-
24A stating ``some airplanes in this serial range may have a forged
bulkhead installed after leaving the factory. Service Kit SK152-25A
or later revision must be used to modify these airplanes.'' The kit
P/N SK152-25 does not address the unsafe condition because there was
an error in a washer P/N. This error was corrected in the kit P/N
SK152-25A kit. Therefore, kit P/Ns SK152-24 and SK152-25 are not
allowed for installation for this AD.
(2) If you previously had a kit P/N SK152-24 or SK152-25
installed and you choose to use the kit installation option, the kit
P/N SK152-24A or SK152-25A, as applicable, must be installed.
Alternative Methods of Compliance (AMOCs)
(g) The Manager, FAA, ATTN: Ann Johnson, Aerospace Engineer,
FAA, Wichita Aircraft Certification Office, 1801 Airport Road, Room
100, Wichita, Kansas 67209; telephone: (316) 946-4105; fax: (316)
946-4107, has the authority to approve AMOCs for this AD, if
requested using the procedures found in 14 CFR 39.19. Before using
any approved AMOC on any airplane to which the AMOC applies, notify
your appropriate principal inspector (PI) in the FAA Flight
Standards District Office (FSDO), or lacking a PI, your local FSDO.
Material Incorporated by Reference
(h) If you choose to comply with this AD using paragraph (e)(2)
of this AD, you must use Cessna Aircraft Company Service Bulletin
SEB01-1, dated January 22, 2001; and, as applicable, either Cessna
Aircraft Company Service Kit SK152-25A, Revision A, dated February
9, 2001; or Cessna Aircraft Company Service Kit SK152-24A, Revision
A, dated March 9, 2001, to do the actions required by this AD,
unless the AD specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact
Cessna Aircraft Company, Product Support, P.O. Box 7706, Wichita, KS
67277; telephone: (316) 517-5800; fax: (316) 517-7271; Internet:
https://www.cessna.com.
(3) You may review copies at the FAA, Central Region, Office of
the Regional Counsel, 901 Locust, Kansas City, Missouri 64106; or at
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-
741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
Issued in Kansas City, Missouri, on May 5, 2009.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E9-11029 Filed 5-12-09; 8:45 am]
BILLING CODE 4910-13-P
