AD 2001-01-07

[Federal Register Volume 66, Number 221 (Thursday, November 15, 2001)]
[Rules and Regulations]
[Pages 57364-57366]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 01-28571]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-CE-28-AD; Amendment 39-12504; AD 2001-01-07]
RIN 2120-AA64


Airworthiness Directives; Reims Aviation S.A. Model F406 
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 certain Reims Aviation S.A. (Reims) Model F406 airplanes. 
This AD requires you to repetitively inspect the canted rib upper cap 
in the center wing carry-through area for cracks, and, if cracks are 
found, immediately repair the cracks or modify this area depending on 
the extent of any cracks found. This AD also requires you to modify the 
canted rib upper cap at a certain time period as terminating action for 
the repetitive inspections. This AD is the result of mandatory 
continuing airworthiness information (MCAI) issued by the airworthiness 
authority for France. The actions specified by this AD are intended to 
detect and correct cracks in the canted rib upper cap in the center 
wing carry-through area, which could result in structural failure of 
the wing with possible loss of control of the airplane.

DATES: This AD becomes effective on January 7, 2002.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the regulations as of 
January 7, 2002.

ADDRESSES: You may get the service information referenced in this AD 
from Cessna Aircraft Company, Product Support, PO Box 7706, Wichita, 
Kansas 67277; telephone: (316) 517-5800; facsimile: (316) 942-9006. You 
may view this information at the Federal Aviation Administration (FAA), 
Central Region, Office of the Regional Counsel, Attention: Rules Docket 
No. 99-CE-28-AD, 901 Locust, Room 506, Kansas City, Missouri 64106; or 
at the Office of the Federal Register, 800 North Capitol Street, NW., 
suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Brian A. Hancock, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4143, facsimile: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Discussion

    What events have caused this AD? The Direction Generale De 
L'Aviation Civile (DGAC), which is the airworthiness authority for 
France, notified the FAA that an unsafe condition may exist on certain 
Reims F406 airplanes. The DGAC reports that a crack was found in the 
canted rib upper cap in the center wing carry-through area during a 
routine inspection of one of the affected airplanes.
    What is the potential impact if FAA took no action? This condition, 
if not detected and corrected in a timely manner, could result in 
structural failure of the wing with possible loss of control of the 
airplane.

[[Page 57365]]

    Has FAA taken any action to this point? 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 Reims Model F406 airplanes. 
This proposal was published in the Federal Register as a notice of 
proposed rulemaking (NPRM) on August 21, 2001 (66 FR 43811). The NPRM 
proposed to require you to repetitively inspect the canted rib upper 
cap in the center wing carry-through area for cracks, and, if cracks 
are found, immediately repair the cracks or modify this area depending 
on the extent of any cracks found. The NPRM also proposed to require 
you to modify the canted rib upper cap at a certain time period as 
terminating action for the repetitive inspections.
    Was the public invited to comment? The FAA encouraged interested 
persons to participate in the making of this amendment. We did not 
receive any comments on the proposed rule or on our determination of 
the cost to the public.

FAA's Determination

    What is FAA's final determination on this issue? After careful 
review of all available information related to the subject presented 
above, we have determined that air safety and the public interest 
require the adoption of the rule as proposed except for minor editorial 
corrections. We determined that these minor corrections:

--Provide 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.

Cost Impact

    How many airplanes does this AD impact? We estimate that this AD 
affects 4 airplanes in the U.S. registry.
    What is the cost impact of this AD on owners/operators of the 
affected airplanes? We estimate the following costs to accomplish the 
inspections:

----------------------------------------------------------------------------------------------------------------
                                                                                 Total cost per   Total cost on
               Labor cost                              Parts cost                   airplane      U.S. operators
----------------------------------------------------------------------------------------------------------------
4 inspections  x  3 workhours  x  $60     Not applicable......................            $720           $2,880
 per hour = $720.
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    We estimate the following costs to do any necessary modifications 
that will be required because of the inspection:

----------------------------------------------------------------------------------------------------------------
                                                                                 Total cost per   Total cost on
                          Labor cost                              Parts cost        airplane      U.S. operators
----------------------------------------------------------------------------------------------------------------
60 workhours  x  $60 per hour = $3,600.......................          $3,375           $6,975          $27,900
----------------------------------------------------------------------------------------------------------------

Regulatory Flexibility Determination and Analysis

    What are the requirements of the Regulatory Flexibility Act? The 
Regulatory Flexibility Act of 1980 was enacted by Congress to assure 
that small entities are not unnecessarily or disproportionately 
burdened by government regulations. This Act establishes ``as principle 
of regulatory issuance that agencies shall endeavor, consistent with 
the objectives of the rule and of applicable statutes, to fit 
regulatory and informational requirements to the scale of the 
businesses, organizations, and governmental jurisdictions subject to 
regulation.'' To achieve this principle, the Act requires agencies to 
solicit and consider flexible regulatory proposals and to explain the 
rationale for their actions. The Act covers a wide range of small 
entities, including small businesses, not-for-profit organizations, and 
small governmental jurisdictions.
    Agencies must perform a review to determine whether a proposed or 
final rule will have a significant economic impact on a substantial 
number of small entities. If the determination is that the rule will, 
the Agency must prepare a regulatory flexibility analysis as described 
in the RFA.
    However, if an agency determines that a proposed or final rule is 
not expected to have a significant economic impact on a substantial 
number of small entities, section 605(b) of the RFA provides that the 
head of the agency may so certify and a regulatory flexibility analysis 
is not required. The certification must include a statement providing 
the factual basis for this determination, and the reasoning should be 
clear.
    What is FAA's determination? The FAA has determined that this AD 
will not have a significant economic impact on a substantial number of 
small entities. Reims Aviation Model F406 aircraft are produced in 
France and only 4 airplanes are owned by U.S. entities. Of these 4 
airplanes, Cessna Finance Corporation owns 2. Cessna Finance 
Corporation is part of a larger corporation with more than 1,500 
employees and is not considered a small entity. We do not believe that 
the two remaining entities owning the F406 aircraft constitute a 
substantial number. Therefore, we have determined that this AD will not 
have a significant economic impact on a substantial number of small 
entities.

Regulatory Impact

    Does this AD impact various entities? The regulations adopted 
herein 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. Therefore, it is determined that this final rule does not 
have federalism implications under Executive Order 13132.
    Does this AD involve a significant rule or regulatory action? 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, Incorporation by 
reference, Safety.

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:

[[Page 57366]]

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. FAA amends Sec. 39.13 by adding a new AD to read as follows:

2001-01-07  Reims Aviation S.A.: Amendment 39-12504; Docket No. 99-
CE-28-AD.

    (a) What airplanes are affected by this AD? This AD affects 
Model F406 airplanes, serial numbers F406-0001 through F406-0083, 
certificated in any category.
    (b) Who must comply with this AD? Anyone who wishes to operate 
any of the above airplanes must comply with this AD.
    (c) What problem does this AD address? The actions specified by 
this AD are intended to detect and correct cracks in the canted rib 
upper cap in the center wing carry-through area, which could result 
in structural failure of the wing with possible loss of control of 
the airplane.
    (d) What actions must I accomplish to address this problem? To 
address this problem, unless already done, you must accomplish the 
following:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Inspect the canted rib    Within the next 75    Following the
 upper cap in the center       hours time-in-        ACCOMPLISHMENT
 wing carry-through area for   service (TIS) after   INSTRUCTIONS
 cracks.                       January 7, 2002       section of REIMS/
                               (the effective date   CESSNA Service
                               of this AD), and      Bulletin CAB98-16,
                               thereafter at 200-    dated November 2,
                               hour TIS intervals,   1998.
                               but not to exceed
                               three 200-hour
                               interval
                               inspections (675
                               hours TIS: 75-hour
                               TIS initial
                               inspection plus
                               three additional
                               200-hour TIS
                               repetitive
                               inspections).
(2) If, during any            Before further        Following the
 inspection required by this   flight after the      ACCOMPLISHMENT
 AD, cracks are found,         inspection where      INSTRUCTIONS
 accomplish the following:.    the crack is found.   section of REIMS-
(i) If the cracks are less                           CESSNA Service
 than 2 inches in length,                            Bulletin CAB98-16,
 modify the canted rib upper                         dated November 2,
 cap in the center wing                              1998.
 carry-through area.
(ii) If the cracks are 2
 inches in length or more,
 obtain a repair scheme from
 the manufacturer through
 FAA at the address
 specified in paragraph (f)
 of this AD and incorporate
 this repair scheme.
(3) Modify the canted rib     Within 600 hours TIS  Following the
 upper cap in the center       after the initial     ACCOMPLISHMENT
 wing carry-through area.      inspection required   INSTRUCTIONS
                               by paragraph (d)(1)   section of REIMS-
                               of this AD, unless    CESSNA Service
                               already               Bulletin CAB98-16,
                               accomplished          dated November 2,
                               through paragraphs    1998.
                               (d)(2)(i) or
                               (d)(2)(ii) of this
                               AD.
(4) Accomplishing the repair  Not applicable......  Not applicable.
 or modification required in
 paragraphs (d)(2)(i),
 (d)(2)(ii), or (d)(3) of
 this AD is considered
 terminating action for the
 inspection requirements of
 this AD.
------------------------------------------------------------------------

    (e) Can I comply with this AD in any other way? You may use an 
alternative method of compliance or adjust the compliance time if:
    (1) Your alternative method of compliance provides an equivalent 
level of safety; and
    (2) The Manager, Small Airplane Directorate, approves your 
alternative. Submit your request through an FAA Principal 
Maintenance Inspector, who may add comments and then send it to the 
Manager, Small Airplane Directorate.

    Note 1: This AD applies to each airplane identified in paragraph 
(a) of this AD, regardless of whether it has been modified, altered, 
or repaired in the area subject to the requirements of this AD. For 
airplanes that have been modified, altered, or repaired so that the 
performance of the requirements of this AD is affected, the owner-
operator must request approval for an alternative method of 
compliance in accordance with paragraph (e) of this AD. The request 
should include an assessment of the effect of the modification, 
alteration, or repair on the unsafe condition addressed by this AD; 
and, if you have not eliminated the unsafe condition, specific 
actions you propose to address it.

    (f) Where can I get information about any already-approved 
alternative methods of compliance? Contact Brian A. Hancock, 
Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, 
Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4143, 
facsimile: (816) 329-4090.
    (g) What if I need to fly the airplane to another location to 
comply with this AD? The FAA can issue a special flight permit under 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate your airplane to a location where 
you can accomplish the requirements of this AD.
    (h) Are any service bulletins incorporated into this AD by 
reference? Actions required by this AD must be done in accordance 
with REIMS/CESSNA Service Bulletin CAB98-16, dated November 2, 1998. 
The Director of the Federal Register approved this incorporation by 
reference under 5 U.S.C. 552(a) and 1 CFR part 51. You can get 
copies from Cessna Aircraft Company, Product Support, PO Box 7706, 
Wichita, Kansas 67277. You can look at copies at the FAA, Central 
Region, Office of the Regional Counsel, 901 Locust, Room 506, Kansas 
City, Missouri, or at the Office of the Federal Register, 800 North 
Capitol Street, NW., suite 700, Washington, DC.
    (i) When does this amendment become effective? This amendment 
becomes effective on January 7, 2002.

    Note 2: The subject of this AD is addressed in French AD 1999-
087(A), dated February 24, 1999.


    Issued in Kansas City, Missouri, on November 6, 2001.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 01-28571 Filed 11-14-01; 8:45 am]
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