Federal Register, Volume 74 Issue 91 (Wednesday, May 13, 2009)

[Federal Register Volume 74, Number 91 (Wednesday, May 13, 2009)]
[Rules and Regulations]
[Pages 22429-22432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11029]

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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: http://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
http://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

------------------------------------------------------------------------
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:
http://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: http://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