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68508 Federal Register / Vol. 67, No.

218 / Tuesday, November 12, 2002 / Rules and Regulations

(3) For each S–G with more than 110 hours Issued in Fort Worth, Texas, on October 29, FOR FURTHER INFORMATION CONTACT: Paul
TIS since initial installation, measure the 2002. Nguyen, Aerospace Engineer, FAA,
vibration level before further flight. David A. Downey, Aircraft Certification Office, 1801
(c) After doing paragraph (b) of this AD, Manager, Rotorcraft Directorate, Aircraft
thereafter, at intervals not to exceed 110
Airport Road, Room 100, Wichita,
Certification Service. Kansas 67209; telephone: 316–946–
hours TIS, measure the vibration level in
accordance with paragraph 2.A.2. of the [FR Doc. 02–28412 Filed 11–8–02; 8:45 am] 4125; facsimile: 816–946–4407.
Telex. BILLING CODE 4910–13–P
(d) If the vibration level of an S–G is equal
to or greater than 0.5 inches per second (IPS) Discussion
(1) Remove the S–G and repair or replace What Events Have Caused This AD?
it with an airworthy S–G. Federal Aviation Administration
(2) Visually inspect the four ejector A search by the FAA of the service
attachment lugs (lugs) and the two clamps for 14 CFR Part 39 difficulty database has revealed 10
a crack in accordance with the cracked bellcrank incidents on Cessna
Accomplishment Instructions, paragraph [Docket No. 2002–CE–23–AD; Amendment Models 208 and 208B airplanes. As a
2.B.3.b.1B), of the Telex. 39–12944; AD 2002–22–17]
(3) Inspect the two half-clamps for a crack.
result, Cessna has re-evaluated the
(4) Remove the S–G to engine attachment bellcrank life limit analysis and
RIN 2120–AA64
flange (flange). Clean and inspect the flange determined 7,000 landings is more
for a crack in accordance with the Airworthiness Directives; Cessna accurate than the original estimate of
Accomplishment Instructions, paragraph Aircraft Company Models 208 and 9,000 landings. Cessna has revised the
2.B.3.b.1D) of the Telex. 208B Airplanes Models 208 and 208B Maintenance
(5) If a crack is found, before further flight,
Manual and developed a service
repair or replace the cracked part with an AGENCY: Federal Aviation
airworthy part in accordance with the bulletin to notify the public that the
Administration, DOT. inboard forward flap bellcrank life limit
Accomplishment Instructions, paragraph
2.B.3.b.3 of the Telex, except you are not ACTION: Final rule. has been reduced to 7,000 landings.
required to report your findings to the
SUMMARY: This amendment adopts a
Since some Model 208 airplanes have
manufacturer. exceeded 7,000 landings, we have
(e) An alternative method of compliance or new airworthiness directive (AD) that
applies to all Cessna Aircraft Company determined that an AD is necessary to
adjustment of the compliance time that
provides an acceptable level of safety may be (Cessna) Models 208 and 208B require replacement of the bellcrank in
used if approved by the Manager, Regulations airplanes. This AD requires you to those airplanes.
Group, Rotorcraft Directorate, FAA. repetitively inspect the inboard forward What Is the Potential Impact if FAA
Operators shall submit their requests through flap bellcranks for cracks or replace
an FAA Principal Maintenance Inspector, Took No Action?
bellcranks depending on the amount of
who may concur or comment and then send usage. This AD is the result of Cessna
it to the Manager, Regulations Group.
If not detected and corrected, a
re-evaluating the bellcrank life limit cracked bellcrank could fail. Such
Note 2: Information concerning the analysis and determining that the
existence of approved alternative methods of failure could lead to damage to the flap
compliance with this AD, if any, may be
original estimate is too high. The actions system and surrounding structure and
obtained from the Regulations Group. specified by this AD are intended to result in reduced or loss of control of
(f) Special flight permits may be issued in
detect, correct, and prevent future the airplane.
accordance with 14 CFR 21.197 and 21.199 cracks in the bellcrank, which could
to operate the helicopter to a location where result in failure of this part. Such failure Has FAA Taken Any Action to This
the requirements of this AD can be could lead to damage to the flap system Point?
accomplished. and surrounding structure and result in
(g) Measuring the vibration level, reduced or loss of control of the We issued a proposal to amend part
inspecting the lugs or clamps, and replacing airplane. 39 of the Federal Aviation Regulations
the parts shall be done in accordance with (14 CFR part 39) to include an AD that
the Accomplishment Instructions, Eurocopter DATES: This AD becomes effective on would apply to all Cessna Models 208
France Telex No. 01.00.45 Revision 3, dated December 31, 2002. and 208B airplanes. This proposal was
November 22, 2001. This incorporation by The Director of the Federal Register published in the Federal Register as a
reference was approved by the Director of the approved the incorporation by reference
Federal Register in accordance with 5 U.S.C. notice of proposed rulemaking (NPRM)
of certain publications listed in the
552(a) and 1 CFR part 51. Copies may be on June 26, 2002 (67 FR 43056). The
regulations as of December 31, 2002.
obtained from American Eurocopter NPRM proposed to repetitively inspect
Corporation, 2701 Forum Drive, Grand ADDRESSES: You may get the service the inboard forward flap bellcranks for
Prairie, Texas 75053–4005, telephone (972) information referenced in this AD from cracks or replace bellcranks depending
641–3460, fax (972) 641–3527. Copies may be Cessna Aircraft Company, Product on the amount of usage and reduce the
inspected at the FAA, Office of the Regional Support, P.O. Box 7706, Wichita,
Counsel, Southwest Region, 2601 Meacham
life limits of the bellcranks from 9,000
Kansas 67277; telephone: (316) 517–
Blvd., Room 663, Fort Worth, Texas; or at the landings to 7,000 landings.
5800; facsimile: (316) 942–9006. You
Office of the Federal Register, 800 North may view this information at the Was the Public Invited to Comment?
Capitol Street, NW., suite 700, Washington, Federal Aviation Administration (FAA),
DC. The FAA encouraged interested
(h) This amendment becomes effective on
Central Region, Office of the Regional
December 17, 2002. Counsel, Attention: Rules Docket No. persons to participate in the making of
2002–CE–23-AD, 901 Locust, Room 506, this amendment. The following presents
Note 3: The subject of this AD is addressed
in Direction Generale De L’Aviation Civile Kansas City, Missouri 64106; or at the the comments received on the proposal
(France) AD Nos. 1999–469–058(A) Revision Office of the Federal Register, 800 North and FAA’s response to each comment:
1, dated August 9, 2000, and 1999–469– Capitol Street, NW, suite 700,
058(A) Revision 2, dated January 9, 2002. Washington, DC.

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Federal Register / Vol. 67, No. 218 / Tuesday, November 12, 2002 / Rules and Regulations 68509

Comment Issue 1: Which Flap to reflect what the NPRM proposes. The determined that these changes and
Bellcrank(s) Does the Proposed AD limitations now include a 7,000 minor corrections:
Affect? landings limit, with repetitive
inspections every 500 landings until —Provide the intent that was proposed
What Is the Commenter’s Concern? in the NPRM for correcting the unsafe
7,000 landings are accumulated. For this
A commenter asks if the proposed AD reason, the commenter recommends that condition; and
only affects the right inboard flap we withdraw the NPRM. —Do not add any additional burden
bellcrank or the right and the left flap upon the public than was already
inboard bellcranks? What is FAA’s Response to the Concern?
proposed in the NPRM.
What Is FAA’s Response to the Concern? We disagree. Airworthiness Directives
that apply more restrictive limits to Cost Impact
The Cessna Model 208 airplane has
products are issued when the current How Many Airplanes Does This AD
only one inboard flap bellcrank
limits contribute to an unsafe condition. Impact?
assembly and it is located on the right
The AD establishes a deadline to come
hand side of the aircraft. This flap We estimate that this AD affects 1,300
into compliance with the new life
bellcrank assembly controls both the
limits. airplanes in the U.S. registry.
right and left flaps. Therefore,
inspection of the only flap bellcrank We have not changed the final rule as
What Is the Cost Impact of This AD on
assembly in accordance with the Cessna a result of this comment.
Owners/Operators of the Affected
Service Bulletin CABO2–1 will comply FAA’s Determination Airplanes?
with the proposed AD.
We have not changed the final rule as What Is FAA’s Final Determination on We estimate the following costs to
a result of this comment. This Issue? accomplish the inspection:
Comment Issue 2: The Limits in the We carefully reviewed all available
Service Information Are Sufficient and information related to the subject
the Proposed AD Is Not Warranted. presented above and determined that air
safety and the public interest require the
What is the Commenter’s Concern? adoption of the rule as proposed except
A commenter states that Cessna has for the changes discussed above and
revised their airworthiness limitations minor editorial questions. We have

Labor Cost Parts Cost Total Cost Per Airplane Total Cost on U.S. Operators

1 workhour × $60 per hour = $60 ... No cost for parts .......................... $60 $60 × 1,300 = $78,000

We estimate the following costs to accomplish any necessary replacements that would be required based on the reduced
life limits:

Labor Cost Parts Cost Total Cost Per Airplane Total Cost on U.S. Operators

3 workhours × $60 per hour = $180 $1,793 $180 + $1,793 = $1,973 .............. $1,973 × $1,300 = $2,564,900

Regulatory Impact substantial number of small entities Authority: 49 U.S.C. 106(g), 40113, 44701.
under the criteria of the Regulatory
Does This AD Impact Various Entities? § 39.13 [Amended]
Flexibility Act. A copy of the final
The regulations adopted herein will evaluation prepared for this action is 2. FAA amends § 39.13 by adding a
not have a substantial direct effect on contained in the Rules Docket. A copy new AD to read as follows:
the States, on the relationship between of it may be obtained by contacting the 2002–22–17 Cessna Aircraft Company:
the national government and the States, Rules Docket at the location provided Amendment 39–12944; Docket No.
or on the distribution of power and under the caption ADDRESSES. 2002–CE–23–AD.
responsibilities among the various (a) What airplanes are affected by this AD?
List of Subjects in 14 CFR Part 39 This AD affects Models 208 and 208B
levels of government. Therefore, it is
determined that this final rule does not Air transportation, Aircraft, Aviation airplanes, all serial numbers, that are
have federalism implications under safety, Incorporation by reference, certificated in any category.
Safety. (b) Who must comply with this AD?
Executive Order 13132. Anyone who wishes to operate any of the
Does This AD Involve a Significant Rule Adoption of the Amendment airplanes identified in paragraph (a) of this
or Regulatory Action? AD must comply with this AD.
Accordingly, under the authority (c) What problem does this AD address?
For the reasons discussed above, I delegated to me by the Administrator, The actions specified by this AD are intended
certify that this action (1) is not a the Federal Aviation Administration to detect, correct, and prevent cracks in the
‘‘significant regulatory action’’ under amends part 39 of the Federal Aviation bellcrank, which could result in failure of
Executive Order 12866; (2) is not a Regulations (14 CFR part 39) as follows: this part. Such failure could lead to damage
to the flap system and surrounding structure
‘‘significant rule’’ under DOT and result in reduced or loss of control of the
Regulatory Policies and Procedures (44 airplane.
FR 11034, February 26, 1979); and (3) (d) What actions must I accomplish to
will not have a significant economic 1. The authority citation for part 39 address this problem? To address this
impact, positive or negative, on a continues to read as follows: problem, you must accomplish the following:

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68510 Federal Register / Vol. 67, No. 218 / Tuesday, November 12, 2002 / Rules and Regulations

Actions Compliance Procedures

(1) Inspect, using eddy current inspection, the Initially inspect upon the accumulation of In accordance with the Inspection Instructions
inboard forward flap bellcrank for cracks. 4,000 landings on the bellcrank or within of Cessna Service Bulletin No. CAB02–1,
the next 250 landings after December 31, dated February 11, 2002, and the applica-
2002 (the effective date of this AD), which- ble maintenance manual.
ever occurs later. Repetitively inspect there-
after at every 500 landings until 7,000 land-
ings are accumulated.
(2) Replace the inboard forward flap bellcrank. Prior to further flight when cracks are found; In accordance with the Inspection Instructions
and upon the accumulation of 7,000 land- of Cessna Service Bulletin No. CAB02–1,
ings or within the next 75 landings after De- dated February 11, 2002, and the applica-
cember 31, 2002 (the effective date of this ble maintenance manual.
AD), whichever occurs later.

Note 1: Inboard forward flap bellcranks Aircraft Company, Product Support, PO Box 1976 (the 1976 amendments), the Safe
with 7,000 landings or more do not have to 7706, Wichita, Kansas 67277; telephone: Medical Devices Act of 1990 (the
be replaced until 75 landings after the (316) 517–5800; facsimile: (316) 942–9006. SMDA), and the Food and Drug
effective date of this AD. You may view copies at the FAA, Central Administration Modernization Act of
Note 2: The compliance times of this AD Region, Office of the Regional Counsel, 901
Locust, Room 506, Kansas City, Missouri, or
1997 (FDAMA). Elsewhere in this issue
are presented in landings instead of hours. If of the Federal Register, FDA is
the number of landings is unknown, hours at the Office of the Federal Register, 800
North Capitol Street, NW, suite 700, publishing a notice of availability of the
time-in-service (TIS) may be used by
multiplying the number of hours TIS by 1.25. Washington, DC. guidance document that will serve as
(i) When does this amendment become the special control for this final rule.
(e) Can I comply with this AD in any other effective? This amendment becomes effective
way? You may use an alternative method of DATES: This rule is effective December
on December 31, 2002.
compliance or adjust the compliance time if: 12, 2002.
(1) Your alternative method of compliance Issued in Kansas City, Missouri, on
provides an equivalent level of safety; and
(2) The Manager, Wichita Aircraft Susan Runner, Center for Devices and
Michael Gallagher,
Certification Office (ACO), approves your Radiological Health (HFZ–480), Food
Manager, Small Airplane Directorate, Aircraft
alternative. Submit your request through an and Drug Administration, 9200
Certification Service.
FAA Principal Maintenance Inspector, who Corporate Blvd., Rockville, MD 20850,
[FR Doc. 02–28408 Filed 11–8–02; 8:45 am]
may add comments and then send it to the 301–827–5283.
Manager, Wichita ACO. BILLING CODE 4910–13–P
Note 3: This AD applies to each airplane
identified in paragraph (a) of this AD, I. Background
regardless of whether it has been modified, DEPARTMENT OF HEALTH AND
altered, or repaired in the area subject to the The act (21 U.S.C. 301 et seq.), as
requirements of this AD. For airplanes that amended by the 1976 amendments
have been modified, altered, or repaired so Food and Drug Administration (Public Law 94–295), the SMDA (Public
that the performance of the requirements of Law 101–629), and the FDAMA (Public
this AD is affected, the owner/operator must 21 CFR Part 872 Law 105–115), established a
request approval for an alternative method of comprehensive system for the regulation
compliance in accordance with paragraph (e) [Docket No. 02N–0010] of medical devices intended for human
of this AD. The request should include an use. Section 513 of the act (21 U.S.C.
assessment of the effect of the modification, Dental Devices; Classification for
alteration, or repair on the unsafe condition
360c) established three categories
Intraoral Devices for Snoring and/or (classes) of devices, depending on the
addressed by this AD; and, if you have not Obstructive Sleep Apnea
eliminated the unsafe condition, specific regulatory controls needed to provide
actions you propose to address it. AGENCY: Food and Drug Administration, reasonable assurance of their safety and
(f) Where can I get information about any HHS. effectiveness. The three categories of
already-approved alternative methods of ACTION: Final rule. devices are class I (general controls),
compliance? Contact Paul Nguyen, class II (special controls), and class III
Aerospace Engineer, FAA, Aircraft SUMMARY: The Food and Drug (premarket approval).
Certification Office, 1801 Airport Road, Administration (FDA) is classifying the Under section 513 of the act, devices
Room 100, Wichita, Kansas 67209; telephone: intraoral devices for snoring and/or that were in commercial distribution
316–946–4125; facsimile: 816–946–4407.
(g) What if I need to fly the airplane to
obstructive sleep apnea into class II before May 28, 1976 (the date of
another location to comply with this AD? The (special controls). These devices are enactment of the 1976 amendments), are
FAA can issue a special flight permit under used to control or treat simple snoring generally referred to as preamendments
§§ 21.197 and 21.199 of the Federal Aviation and/or obstructive sleep apnea. This devices, and are classified after FDA
Regulations (14 CFR 21.197 and 21.199) to classification is based on the has: (1) Received a recommendation
operate your airplane to a location where you recommendations of the Dental Devices from a device classification panel (an
can accomplish the requirements of this AD. Panel (the Panel), and is being taken to FDA advisory committee); (2) published
(h) Are any service bulletins incorporated establish sufficient regulatory controls the panel’s recommendation for
into this AD by reference? Actions required that will provide reasonable assurance comment, along with a proposed
by this AD must be done in accordance with
Cessna Service Bulletin No. CAB02–1, dated
of the safety and effectiveness of these regulation classifying the device; and (3)
February 11, 2002. The Director of the devices. This action is being taken published a final regulation classifying
Federal Register approved this incorporation under the Federal Food, Drug, and the device. FDA has classified most
by reference under 5 U.S.C. 552(a) and 1 CFR Cosmetic Act (the act), as amended by preamendments devices under these
part 51. You may get copies from Cessna the Medical Device Amendments of procedures.

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