[Federal Register: February 18, 2009 (Volume 74, Number 31)]

[Rules and Regulations]

[Page 7552-7554]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18fe09-3]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0118; Directorate Identifier 2008-CE-073-AD; Amendment 39-15810;

AD 2009-04-04]

RIN 2120-AA64

Airworthiness Directives; Cessna Aircraft Company Models 401, 401A, 401B, 402, 402A, and
402B Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

––––––––––––––––––––––––––––––––––

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for certain Cessna Aircraft
Company (Cessna) Models 401, 401A, 401B, 402, 402A, and 402B airplanes. This AD requires an
inspection of the auxiliary wing spar near the location where the main landing gear trunnion is
mounted for cracks; immediate replacement if cracks of 0.5 inch or more are found; repetitive
inspections with replacement at a later time as long as cracks of less than 0.5 inch are found; and a
report to the FAA and Cessna if any cracks are found. This AD results from several reports of fatigue
cracking on the affected airplanes in the auxiliary wing spar. We are issuing this AD to detect and
correct such cracks, which, if not corrected, could result in failure of the wing auxiliary spar web and
cause landing gear collapse during normal landing. This could lead to loss of control and passenger
injury.

DATES: This AD becomes effective on March 2, 2009.

On March 2, 2009, the Director of the Federal Register approved the incorporation by reference
of certain publications listed in this AD.
We must receive any comments on this AD by April 20, 2009.

ADDRESSES: Use one of the following addresses to comment on this AD.

• 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.

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• Hand Delivery: U.S. Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
To get the service information identified in this AD, contact Cessna Aircraft Company, P.O. Box
7704, Wichita, Kansas 67277; telephone: (800) 423-7762 or (316) 517-6056; Internet:
http://www.cessna.com.
To view the comments to this AD, go to http://www.regulations.gov. The docket number is
FAA-2009-0118; Directorate Identifier 2008-CE-073-AD.

FOR FURTHER INFORMATION CONTACT: Adam Neubauer, Aerospace Engineer, 1801

Airport Road, Room 100, Wichita, Kansas 67209; telephone: (316) 946-4156; fax: (316) 946-4107.

SUPPLEMENTARY INFORMATION:

Discussion

We have received several reports of fatigue cracking on Cessna Models 402A and 402B
airplanes in the area of the auxiliary wing spar where the main landing gear trunnion is mounted.
Other models with similar design that share the same risk of auxiliary wing spar cracking include
Cessna Models 401, 401A, 401B, and 402.
This condition, if not corrected, could result in failure of the wing auxiliary spar web and cause
landing gear collapse during normal landing. This could lead to loss of control and passenger injury.
Cessna has shown the FAA that parts with cracks in this area that are 0.5 inch or more need
immediate replacement as they pose an immediate safety of flight issue. Cessna's analysis also shows
that residual strength in the wing, up to ultimate design loads, will remain with cracks less than 0.5
inch, and the growth of these cracks is slow.
Because analysis shows that a repetitive inspection program can provide an interim acceptable
level of safety, the FAA will allow repetitive inspections when a crack less than 0.5 inch is found in
the wing auxiliary spar during the initial inspection required by this action. Cracks need to be
monitored (inspected every 50 hours time-in-service (TIS)) to show they do not reach 0.5 inch.
• If any crack reaches 0.5 inch or more, then the cracked part must be replaced before further flight.
• If no crack reaches 0.5 inch or more, then the cracked part must be replaced within 200 hours TIS
or 12 months, whichever occurs first, regardless of crack growth.

Relevant Service Information

We reviewed Cessna Service Bulletin MEB08-8, dated December 23, 2008. The service
information describes procedures for inspecting the wing auxiliary spar webs for cracks and replacing
the left web/right web with a new left web/right web.

FAA's Determination and Requirements of This AD

We are issuing this AD because we evaluated all the information and determined the unsafe
condition described previously is likely to exist or develop on other products of the same type design.
This AD requires:
• An inspection of the auxiliary wing spar near the location where the main landing gear trunnion is
mounted for cracks;
• Immediate replacement if cracks are 0.5 inch or more;
• Repetitive inspections (50 hours TIS) with replacement at 200 hours TIS or 12 months, whichever
occurs first, if cracks are found that are less than 0.5 inch; and
• A report to the FAA and Cessna if any cracks are found.

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 The FAA considers this interim action. We will work with Cessna and evaluate the crack reports
and all other information. Based on this information, we may initiate additional rulemaking action.

FAA's Determination of the Effective Date

An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found
that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule
because cracks in the wing auxiliary spar web could lead to failure in this area and could cause
landing gear collapse during normal landing. This could lead to loss of control and passenger injury.
Some of the affected airplanes are operated 100 hours TIS or more monthly. Therefore, the repetitive
inspections on these airplanes would occur in short intervals, and the replacement would be required
within 2 months. Therefore, we determined that notice and opportunity for public comment before
issuing this AD are impracticable and that good cause exists for making this amendment effective in
fewer than 30 days.

Comments Invited

This AD is a final rule that involves requirements affecting flight safety, and we did not precede
it by notice and an opportunity for public comment. We invite you to send any written relevant data,
views, or arguments regarding this AD. Send your comments to an address listed under the
ADDRESSES section. Include the docket number ''FAA-2009-0118; Directorate Identifier 2008-CE-
073-AD'' at the beginning of your comments. We specifically invite comments on the overall
regulatory, economic, environmental, and energy aspects of the AD. We will consider all comments
received by the closing date and may amend the AD in light 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 concerning this AD.

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 AD will not have federalism implications under Executive Order 13132.
This AD will 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 that this AD:
(1) Is not a ''significant regulatory action'' under Executive Order 12866;
(2) Is not a ''significant rule'' under 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.

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 We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it
in the AD docket.

Examining the AD Docket

You may examine the AD docket that contains the AD, the regulatory evaluation, any comments
received, and other information 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 Docket Office (telephone (800) 647-5527) is located at the street address stated in the
ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.

Adoption of the Amendment

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part
39 as follows:

PART 39–AIRWORTHINESS DIRECTIVES

1. The authority citation for part 39 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]

2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD):

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 AIRWORTHINESS DIRECTIVE
FAA
Aircraft Certification Service www.faa.gov/aircraft/safety/alerts/
www.gpoaccess.gov/fr/advanced.html

2009-04-04 Cessna Aircraft Company: Amendment 39-15810; Docket No. FAA-2009-0118;

Directorate Identifier 2008-CE-073-AD.

Effective Date

(a) This AD becomes effective on March 2, 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 Numbers

401 655 and 401-0001 through 401-0322
401A 655 and 401A0001 through 401A0132
401B 401B0001 through 401B0221
402 402-0001 through 402-0322
402A 402A0001 through 402A0129
402B 402B0001 through 402B0122, 402B0201 through 402B0249,
402B0301 through 402B0455, 402B0501 through 402B0640,
402B0801 through 402B0935, 402B1001 through 402B1100,
402B1201 through 402B1250, and 402B1301 through 402B1384

Unsafe Condition

(d) This AD is the result of several reports of fatigue cracking on the affected airplanes in the
auxiliary wing spar. We are issuing this AD to detect and correct such cracks, which, if not corrected,
could result in failure of the wing auxiliary spar web and cause landing gear collapse during normal
landing. This could lead to loss of control and passenger injury.

Compliance

(e) To address this problem, you must do the actions below using Cessna Service Bulletin
MEB08-8, dated December 23, 2008, at the following compliance time, unless already done:

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 Note 1: Cessna Service Bulletin MEB08-8, dated December 23, 2008, provides detailed
instructions on measuring, inspecting, and replacing cracked parts, including how to handle two or
more cracks in the same hole.

(1) Within the next 10 hours time-in-service (TIS) after March 2, 2009 (the effective date of this
AD) and, in addition, before further flight anytime the airplane experiences a ''hard landing,'' visually
inspect the auxiliary wing spar near the location where the main landing gear trunnion is mounted for
cracks.
(2) If any crack is found during any inspection required by this AD that is 0.5 inch or more,
before further flight after any such crack is found, replace the cracked parts.
(3) If cracks are found during any inspection required by this AD that are less than 0.5 inch, do
the following:
(i) Repetitively thereafter inspect the cracks for length at intervals not to exceed 50 hours TIS
and, before further flight, replace any part that has a crack length of 0.5 inch or more; and
(ii) Replace the cracked part within 200 hours TIS after the original crack was found or within 12
months after the original crack was found, whichever occurs first.
(4) If you find any cracks as a result of any inspection required by this AD, report the results to
Cessna using the form in the service bulletin. Send a copy of this report to the FAA at the address
specified in paragraph (f) of this AD. For the reporting requirement in this AD, under the provisions
of the Paperwork Reduction Act, the Office of Management and Budget (OMB) has approved the
information collection requirements and has assigned OMB Control Number 2120-0056. Do the
reporting requirement at whichever of the following that occurs later:
(i) Within 10 days after the inspection; or
(ii) Within the next 10 days after March 2, 2009 (the effective date of this AD).

Note 2: The FAA considers this interim action. We will work with Cessna and evaluate the crack
reports and all other information. Based on this information, we may initiate additional rulemaking
action.

Alternative Methods of Compliance (AMOCs)

(f) 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. Send information to
ATTN: Adam Neubauer, Wichita ACO, Aerospace Engineer, 1801 Airport Road, Room 100,
Wichita, Kansas 67209; telephone: (316) 946-4156; fax: (316) 946-4107. 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

(g) You must use Cessna Service Bulletin MEB08-8, dated December 23, 2008, 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, P.O. Box
7704, Wichita, Kansas 67277; telephone: (800) 423-7762 or (316) 517-6056; Internet:
http://www.cessna.com.
(3) You may review copies of the service information incorporated by reference for this AD at
the FAA, Central Region, Office of the Regional Counsel, 901 Locust, Kansas City, Missouri 64106.
For information on the availability of this material at the Central Region, call (816) 329-3768.

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 (4) You may also review copies of the service information incorporated by reference for this AD
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 February 6, 2009.

Kim Smith,
Manager, Small Airplane Directorate,
Aircraft Certification Service.