[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Rules and Regulations]
[Pages 29468-29472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14632]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 95-CE-14-AD; Amendment 39-9666; AD 96-12-23]
RIN 2120-AA64
Airworthiness Directives; Cessna Aircraft Company 150 and A150
Series and Models 152 and A152 Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment adopts a new airworthiness directive (AD) that
applies to Cessna Aircraft Company (Cessna) 150 and A150 series and
Models 152 and A152 airplanes that have a Bush Conversions, Inc., Short
Takeoff and Landing (STOL) kit incorporated in accordance with
Supplemental Type Certificate (STC) SA1371SW. This action requires
measuring the wing stall fence for maximum height, and installing a
smaller fence if the fence exceeds the maximum height of 1.28 inches.
An accident of a Cessna Model 152 airplane where the STOL kit adversely
affected the airplane's stall characteristics prompted this action. The
actions
[[Page 29469]]
specified by this AD are intended to prevent the airplane from entering
a stall condition because of improper wing stall fence height, which
could result in loss of control of the airplane.
EFFECTIVE DATE: July 31, 1996.
ADDRESSES: Figure 1 of the proposed AD may be obtained from the Wichita
Aircraft Certification Office, FAA, 1801 Airport Road, Mid-Continent
Airport, Wichita, Kansas 67209; and may be examined at the Federal
Aviation Administration (FAA), Central Region, Office of the Assistant
Chief Counsel, Attention: Rules Docket 95-CE-14-AD, Room 1558, 601 E.
12th Street, Kansas City, Missouri 64106.
FOR FURTHER INFORMATION CONTACT: Mr. Larry Engler, Aerospace Engineer,
Wichita Aircraft Certification Office, FAA, 1801 Airport Road, Mid-
Continent Airport, Wichita, Kansas 67209; telephone (316) 946-4122;
facsimile (316) 946-4407.
SUPPLEMENTARY INFORMATION:
Events Leading to the AD
A proposal to amend part 39 of the Federal Aviation Regulations (14
CFR part 39) to include an AD that would apply to Cessna 150 and A150
series and Models 152 and A152 airplanes that have a Bush Conversions,
Inc., Short Takeoff and Landing (STOL) kit incorporated in accordance
with Supplemental Type Certificate (STC) SA1371SW was published in the
Federal Register on July 12, 1995 (60 FR 35873). The action proposed to
require measuring the wing stall fence for maximum height, and
installing a smaller fence if the fence exceeds the maximum height of
1.28 inches. Figure 1 of the proposal includes information for
inspecting the stall fence height. An accident of a Cessna Model 152
airplane where the STOL kit adversely affected the airplane's stall
characteristics prompted the proposal.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
Comment Resolution
Cessna states that the AD should be written against Bush
Conversions, Inc., instead of the Cessna Aircraft Company. Cessna
believes this because Bush Conversions, Inc., is the owner of the STC
that the STOL kit is incorporated in accordance with and Cessna has no
approval on the components that are affected by the proposal. The FAA
partially concurs. While Cessna does not hold approval for the STC, the
STC was approved to only be incorporated on Cessna 150 and A150 series
and Models 150 and A150 airplanes; therefore, the unsafe condition can
only exist on these airplanes. Because the unsafe condition referenced
by the proposal can only exist on those affected Cessna models that
have the referenced STC incorporated, the AD is written against Cessna
150 and A150 series and Models 152 and A152 airplanes that have a Bush
Conversions, Inc. STOL kit incorporated in accordance with STC
SA1371SW.
Another commenter opposes the proposal because of no adverse
personal service experience. This commenter states that he has in
excess of 1,500 hours time-in-service of flight instruction in a Cessna
150 with the affected Bush Conversions, Inc. STOL kit incorporated, and
he has had no adverse service experience during this time. The FAA does
not concur that the proposal should be withdrawn based on this
commenter's extensive safe service experience. The FAA does not issue
AD's based on whether the unsafe condition currently exists on all
airplanes, but rather on when a condition ``could exist or develop on
an airplane of the same type design.'' In addition, the FAA found that
the commenter's airplane has a different Bush STC incorporated than
that affected by the proposal. No changes have been made to the final
rule as a result of this comment.
No comments were received regarding the FAA's determinination of
the cost impact on the public.
Conclusion
After careful review of all available information related to the
subject presented above, the FAA has determined that air safety and the
public interest require the adoption of the rule as proposed except for
minor editorial corrections. The FAA has determined that these minor
corrections will not change the meaning of the AD and will not add any
additional burden upon the public than was already proposed.
Cost Impact
The FAA estimates that 25 of the Cessna 150 and A150 series and
Models 152 and A152 airplanes in the U.S. registry incorporate the
affected Bush Conversions, Inc. STOL kit, that it will take
approximately 8 workhours per airplane to inspect the stall fences, and
that the average labor rate is approximately $60 an hour. Based on
these figures, the total cost impact of this AD on U.S. operators is
estimated to be $12,000. This figure is based upon the assumption that
no affected airplane owner/operator has inspected the STOL fence for
correct height. The FAA has no way of determining how many owners/
operators of the affected airplanes have accomplished the required
inspection.
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.
For the reasons discussed above, I certify that this action (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. A copy of the final evaluation prepared for this
action is contained in the Rules Docket. A copy of it may be obtained
by contacting the Rules Docket at the location provided under the
caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, 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:
96-12-23 The Cessna Aircraft Company: Amendment 39-9666; Docket No.
95-CE-14-AD.
Applicability: The following airplane models (all serial
numbers), certificated in any category, that have a Bush
Conversions, Inc., Short Takeoff and Landing (STOL) kit incorporated
in accordance with Supplemental Type Certificate (STC) SA1371SW:
150, 150A, 150B, 150C, 150D,
[[Page 29470]]
150E, 150F, 150G, 150H, 150J, 150K, A150K, 150L, A150L, 150M, A150M,
152, A152.
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 (d) 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 within the next 100 hours time-in-service
after the effective date of this AD, unless already accomplished.
To prevent the airplane operator from entering a stall condition
because of improper wing stall fence height, which, if not detected
and corrected, could result in loss of control of the airplane,
accomplish the following:
(a) Measure the height of the wing stall fence at its trailing
edge to ensure that the height does not exceed 1.28 inches. (See
Figure 1 of this AD).
(b) If the wing stall fence height exceeds 1.28 inches, prior to
further flight, install a smaller fence in accordance with
instructions obtained from the Wichita Aircraft Certification Office
(ACO), FAA, 1801 Airport Road, Mid-Continent Airport, Wichita,
Kansas 67209.
Note 2: Mid-America Drawing No. 1001 (part of STC SA1371SW) is
included as Figure 1 of this AD for reference purposes.
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(c) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
(d) 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 ACO, 801 Airport Road, 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.
(e) Figure 1 of this AD may be obtained from the Wichita ACO at
the address specified in paragraph (d) of this AD; and may be
examined at the FAA, Central Region, Office of the Assistant Chief
Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106.
(f) This amendment (39-9666) becomes effective on July 31, 1996.
Issued in Kansas City, Missouri, on June 3, 1996.
Henry A. Armstrong,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-14632 Filed 6-10-96; 8:45 am]
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