Airworthiness directives: Cessna,

[Federal Register: April 26, 1999 (Volume 64, Number 79)]

[Proposed Rules]

[Page 20221-20224]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr26ap99-33]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-CE-125-AD]

RIN 2120-AA64

Airworthiness Directives; Cessna Aircraft Company Model 182S Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

SUMMARY: The document proposes to supersede Airworthiness Directive (AD) 98-13-10, which currently requires repetitively inspecting all engine exhaust muffler end plates (four total) for cracks on all Cessna Aircraft Company (Cessna) Model 182S airplanes, and replacing any muffler where an end plate is found cracked. AD 98-13-10 also requires fabricating and installing a placard that specifies immediately inspecting all engine exhaust muffler end plates any time the engine backfires upon start-up. The

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proposed AD is the result of Cessna developing an improved design exhaust system for the Model 182S airplanes. The proposed AD would retain the actions of AD 98-13-10 on all affected airplanes, and would require replacing the exhaust system with an improved design exhaust system within a certain period of time, as terminating action for those requirements retained from AD 98-13-10. The proposed AD would also limit the effectivity to not include those airplanes manufactured with the improved design exhaust system. The actions specified by the proposed AD are intended to detect and correct damage to the engine exhaust mufflers caused by cracking and the high stresses imposed on the attachment of the exhaust at the area of the firewall, which could result in exhaust gases entering the airplane cabin with consequent crew and passenger injury.

DATES: Comments must be received on or before June 25, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation Administration (FAA), Central Region, Office of the Regional Counsel, Attention: Rules Docket No. 98-CE-125-AD, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106. Comments may be inspected at this location between 8 a.m. and 4 p.m., Monday through Friday, holidays excepted.

Service information that applies to the proposed AD may be obtained from the Cessna Aircraft Company, Product Support, P.O. Box 7706, Wichita, Kansas 67277; telephone: (316) 517-5800; facsimile: (316) 942- 9006. This information also may be examined at the Rules Docket at the address above.

FOR FURTHER INFORMATION CONTACT: Mr. Paul Pendleton, Aerospace Engineer, Wichita Aircraft Certification Office, FAA, 1801 Airport Road, Mid-Continent Airport, Wichita, Kansas 67209; telephone: (316) 946-4143; facsimile: (316) 946-4407.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to participate in the making of the proposed rule by submitting such written data, views, or arguments as they may desire. Communications should identify the Rules Docket number and be submitted in triplicate to the address specified above. All communications received on or before the closing date for comments, specified above, will be considered before taking action on the proposed rule. The proposals contained in this notice may be changed in light of the comments received.

Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the proposed rule. All comments submitted will be available, both before and after the closing date for comments, in the Rules Docket for examination by interested persons. A report that summarizes each FAA-public contact concerned with the substance of this proposal will be filedin the Rules Docket.

Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this notice must submit a self-addressed, stamped postcard on which the following statement is made: ``Comments to Docket No. 98-CE-125-AD.'' The postcard will be date stamped and returned to the commenter.

Availability of NPRMs

Any person may obtain a copy of this MPRM by submitting a request to the FAA, Central Region, Office of the Regional Counsel, Attention: Rules Docket No. 98-CE-125-AD, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106.

Discussion

AD 98-13-10, Amendment 39-10598 (63 FR 32973, June 17, 1998), currently requires the following on all Cessna Model 1825 airplanes:

--Repetitively inspecting all engine exhaust muffler end plates (four total) for cracks; --Replacing any muffler where an end plate is found cracked; and --Fabricating and installing a placard that specifies immediately inspecting all engine exhaust muffler end plates any time the engine backfires upon start-up.

Actions Since Issuance of Previous Rule and Relevant Service Information

Cessna has developed a new exhaust system muffler that, when incorporated, would eliminate the need for the repetitive inspection required by AD 98-13-10.

Cessna Service Bulletin SB98-78-03, dated December 14, 1998, includes procedures for installing this improved design exhaust system muffler.

The FAA's Determination

After examining the circumstances and reviewing all available information related to the incidents described above, including the referenced service information, the FAA has determined that AD action should be taken to detect and correct damage to the engine exhaust mufflers caused by cracking and the high stresses imposed on the attachment of the exhaust at the area of the firewall, which could result in exhaust gases entering the airplane cabin with consequent crew and passenger injury.

Explanation of the Provisions of the Proposed AD

Since an unsafe condition has been identified that is likely to exist or develop in other Cessna Model 182S airplanes of the same type design, the proposed AD would supersede AD 98-13-10. The proposed AD would retain the actions of AD 98-13-10 on all affected airplanes, and would require replacing the exhaust system with an improved design exhaust system within a certain period of time, as terminating action for the actions retained from AD 98-13-10. The proposed AD would also limit the effectivity to not include those airplanes manufactured with the improved design exhaust system. Accomplishment of the proposed replacement would be required in accordance with Cessna Service Bulletin SB98-78-03, dated December 14, 1998.

Cost Impact

The FAA estimates that 150 airplanes in the U.S. registry would be affected by the proposed AD, that it would take approximately 1 workhour per airplane to accomplish the proposed inspection, and that the average labor rate is approximately $60 an hour. Based on these figures, the total cost impact of the proposed inspection on U.S. operators is estimated to be $9,000, or $60 per airplane. These figures only take into account the cost of the proposed initial inspection and do not take into account the costs of any repetitive inspections or replacements needed if cracks were found.

The inspection cost of the proposed AD is the same as that presented in AD 98-13-10. Therefore, the proposed AD imposes no inspection cost impact on U.S. operators of the affected airplanes over that already required in AD 98-13-10.

The FAA estimates that it would take approximately 4 workhours per airplane to accomplish the proposed replacement, and that the average labor rate is approximately $60 an hour. Parts cost approximately $463 per muffler assembly (2 required) per airplane. Based on these figures, the total cost impact of the proposed replacement on U.S. operators is estimated to be $174,900, or $1,166 per airplane.

Parts credit and labor allowance credit for the actions proposed in this NPRM may be obtained by submitting the appropriate paperwork to Cessna before June 14, 1999. Any removed

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mufflers should be returned with the paperwork.

Regulatory Impact

The regulations proposed herein would 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 proposal would 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) if promulgated, will not have a significant economic impact, positive or negative, or a substantial number of small entities under the criteria of the Regulatory Flexibility Act. A copy of the draft regulatory evaluation prepared for this action has been placed in the Rules Docket. A copy of it may be obtained by contracting 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.

The Proposed Amendment

Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration proposes to amend 14 CFR part 39 of the Federal Aviation Regulations 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 removing Airworthiness Directive (AD) 98-13-10, Amendment 39-10598, and by adding a new AD to read as follows:

   Cessna Aircraft Company: Docket No. 98-CE-125-AD; Supersedes AD 98-13-10, Amendment 39-10598.

   Applicability: Model 182S airplanes, serial numbers 18280001 through 18280286, certified in any category.

   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 (g) 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 as indicated in the body of this AD, unless already accomplished.

   To detect and correct damage to the engine exhaust mufflers caused by cracking and the high stresses imposed on the attachment of the exhaust at the area of the firewall, which could result in exhaust gases entering the airplane cabin with consequent crew and passenger injury, accomplish the following:

   (a) Within 5 days after the effective date of this AD, unless already accomplished (compliance with AD 98-13-10), accomplish the following:

   (1) Fabricate a placard that specifies immediately inspecting all engine exhaust muffler end plates when the engine backfires upon start-up, and install this placard on the instrument panel within the pilot's clear view. The placard should utilize letters of at least 0.10-inch in height and contain the following words:

   ``If the engine backfires upon start-up, prior to further flight, inspect and replace (as necessary) all engine exhaust muffler end plates.''

   (2) Insert a copy of this AD into the Limitations Section of the airplane flight manual (AFM).

   (b) Within 25 hours time-in-service (TIS) after the effective date of this AD, unless already accomplished (compliance with AD 98- 13-10), and thereafter at intervals not to exceed 25 hours TIS after each inspection (including any inspection accomplished after an engine backfire) until the replacement required by paragraphs (b)(1) and (d) of this AD are accomplished, inspect all engine exhaust muffler end plates (four total) for cracks on the forward (upstream) or aft (downstream) end of each muffler can.

   (1) Prior to further flight, replace any engine exhaust muffler where an end plate is found cracked with one of improved design, part number (P/N) 1254017-19 or P/N 9954200-9 (or FAA-approved equivalent part number). Accomplish these replacements in accordance with Cessna Service Bulletin SB98-78-03, dated December 14, 1998.

   (2) This replacement terminates the repetitive inspection required by this AD for that particular engine exhaust muffler. The repetitive inspections would still be required for any other engine exhaust muffler not replaced with the improved design parts.

   (3) The placard requirements of this AD are still required until all engine exhaust system mufflers are replaced with the improved design parts.

   Note 2: Cessna Service Bulletin SB98-78-02, Issued: June 6, 1998, depicts the area to be inspected. The actions of this service bulletin are different from those required by this AD. This AD takes precedence over the actions specified in this service bulletin. Accomplishment of Cessna Service Bulletin SB98-78-02, Issued: June 6, 1998, is not considered an alternative method of compliance to the actions of this AD.

   (c) Fabricating and installing the placard and inserting this AD into the Limitations Section of the AFM, as required by paragraph (a) of this AD, may be performed by the owner/operator holding at least a private pilot certificate as authorized by section 43.7 of the Federal Aviation Regulations (14 CFR 43.7), and must be entered into the aircraft records showing compliance with this AD in accordance with section 43.9 of the Federal Aviation Regulations (14 CFR 43.9).

   (d) Within 12 calendar months after the effective date of this AD, replace the engine exhaust mufflers with ones of improved design, part number (P/N) 1254017-19 or P/N 9954200-9 (or FAA- approved equivalent part number). Accomplish these replacements in accordance with Cessna Service Bulletin SB98-78-03, dated December 14, 1998.

   (1) These replacements terminate the repetitive inspection and placard requirements of this AD, as specified in paragraphs (a) and (b), including all subparagraphs, of this AD.

   (2) The replacements may be accomplished prior to 12 calendar months after the effective date of this AD, as terminating action for the repetitive inspection and placard requirements of this AD.

   (e) As of the effective date of this AD, no person may install, on any affected airplane, an engine exhaust muffler that is not of improved design, P/N 1254017-19 or P/N 9954200-9 (or FAA-approved equivalent part number).

   (f) 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.

   (g) An alternative method of compliance or adjustment of the initial or repetitive compliance times that provides an equivalent level of safety may be approved by the Manager, Wichita Aircraft Certification Office (ACO), 1801 Airport Road, Room 100, Mid- Continent Airport, Wichita, Kansas 67209.

   (1) The request shall be forwarded through an appropriate FAA Maintenance Inspector, who may add comments and then send it to the Manager, Wichita ACO.

   (2) Alternative methods of compliance approved in accordance with AD 98-13-10 are not considered approved as alternative methods of compliance for this AD.

   Note 3: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Wichita ACO.

   (h) All persons affected by this directive may obtain copies of the documents referred to herein upon request to the Cessna Aircraft Company, Product Support, P.O. Box 7706, Wichita, Kansas 67277; or may examine these documents at the FAA, Central Region, Office of the Regional Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106.

   (i) This amendment supersedes AD 98-13-10, Amendment 39-10598.

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   Issued in Kansas City, Missouri, on April 20, 1999. James E. Jackson, Acting Manager, Small Airplane Directorate, Aircraft Certification Service.

   [FR Doc. 99-10348Filed4-23-99; 8:45 am]

   BILLING CODE 4910-13-M