Airworthiness directives: Cessna,

 
CONTENT

[Federal Register: December 2, 1998 (Volume 63, Number 231)]

[Rules and Regulations]

[Page 66420-66422]

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

[DOCID:fr02de98-3]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-CE-111-AD; Amendment 39-10923; AD 98-24-14]

RIN 2120-AA64

Airworthiness Directives; Cessna Aircraft Company Models 340A and 414A Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

SUMMARY: This document publishes in the Federal Register an amendment adopting Airworthiness Directive (AD) 98-24-14, which was sent previously to all known U.S. owners and operators of certain Cessna Aircraft Company (Cessna) Models 340A and 414A airplanes that could be equipped with any WYE tube, part number (P/N) 9910299-25 or P/N 9910299-26, in the engine exhaust system. This AD requires removing from service any P/N 9910299-25 or P/N 9910299-26 engine exhaust system WYE tube. The AD resulted from reports of five instances where the engine exhaust components in the WYE tube were manufactured without welds on critical parts that are installed adjacent to the firewall. The actions specified by this AD are intended to detect and correct exhaust leaks caused by nonwelded exhaust system components, which could result in aluminum fuel lines bursting with consequent fuel spillage, an airplane fire, and/or an explosion.

DATES: Effective December 21, 1998, to all persons except those to whom it was made immediately effective by priority letter AD 98-24-14, issued November 13, 1998, which contained the requirements of this amendment.

Comments for inclusion in the Rules Docket must be received on or before January 26, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation Administration (FAA), Central Region, Office of the Regional Counsel, Attention: Rules Docket 98-CE-111-AD, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106.

Information related to this AD may be examined at the FAA, Central Region, Office of the Regional Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106.

FOR FURTHER INFORMATION CONTACT: Mr. Paul O. Pendleton, Aerospace Engineer, FAA, Wichita Aircraft Certification Office, 1801 Airport Road, Room 100, Mid-Continent Airport, Wichita, Kansas, 67209, telephone: (316) 946-4143; facsimile: (316) 946-4407.

SUPPLEMENTARY INFORMATION:

Discussion

On November 13, 1998, the FAA issued priority letter AD 98-24-14, which applies to certain Cessna Models 340A and 414A airplanes that are equipped with any WYE tube, part number (P/N) 9910299-25 or P/N 9910299-26, in the engine exhaust system. This AD requires removing from service any P/N 9910299-25 or P/N 9910299-26 engine exhaust system WYE tube.

These P/N 9910299-25 or P/N 9910299-26 WYE tubes may be replaced with any of the following:

--P/N 9910299-8 (for the P/N 9910299-25) or P/N 9910299-9 (for the P/N 9910299-26) WYE tubes; or --any other FAA-approved engine exhaust system WYE tube that is not P/N 9910299-25 or P/N 9910299-26.

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) may check the maintenance records to determine whether any WYE tube, P/N 9910299-25 or P/N 9910299-26, has been installed in the engine exhaust system between May 8, 1998, and December 21, 1998. If one of these WYE tubes is not installed, the AD does not apply and the owner/operator must make an entry into the aircraft records showing compliance with this AD in accordance with section 43.9 of the Federal Aviation Regulations (14 CFR 43.9).

The FAA's Determination

Since an unsafe condition has been identified that is likely to exist or develop in certain Cessna Models 340A and 414A airplanes of the same type design that are equipped with any WYE

[[Page 66421]]

tube, P/N 9910299-25 or P/N 9910299-26, in the engine exhaust system, the FAA issued AD 98-24-14 by priority letter in order to detect and correct exhaust leaks caused by nonwelded exhaust system components. This condition could result in aluminum fuel lines bursting with consequent fuel spillage, an airplane fire, and/or an explosion.

Determination of the Effective Date of the AD

Since it was found that immediate corrective action was required, notice and opportunity for prior public comment thereon were impracticable and contrary to the public interest, and good cause existed to make the AD effective immediately by individual letters issued on November 13, 1998, to all known U.S. operators of certain Cessna Models 340A and 414A airplanes that could be equipped with any WYE tube, P/N 9910299-25 or P/N 9910299-26, in the engine exhaust system. These conditions still exist, and the AD is hereby published in the Federal Register as an amendment to section 39.13 of the Federal Aviation Regulations (14 CFR 39.13) to make it effective as to all persons.

Comments Invited

Although this action is in the form of a final rule that involves requirements affecting immediate flight safety and, thus, was not preceded by notice and opportunity to comment, comments are invited on this rule. Interested persons are invited to comment on this 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 will be considered, and this rule may be amended in light of the comments received. Factual information that supports the commenter's ideas and suggestions is extremely helpful in evaluating the effectiveness of the AD action and determining whether additional rulemaking action would be needed.

Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify the 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 AD will be filedin the Rules Docket.

Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this rule must submit a self-addressed, stamped postcard on which the following statement is made: ``Comments to Docket No. 98-CE-111-AD.'' The postcard will be date stamped and returned to the commenter.

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.

The FAA has determined that this regulation is an emergency regulation that must be issued immediately to correct an unsafe condition in aircraft, and is not a ``significant regulatory action'' under Executive Order 12866. It has been determined further that this action involves an emergency regulation under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979). If it is determined that this emergency regulation otherwise would be significant under DOT Regulatory Policies and Procedures, a final regulatory evaluation will be prepared and placed in the Rules Docket. A copy of it, if filed, may be obtained from 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 USC 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:

    98-24-14 Cessna Aircraft Company: Amendment 39-10923; Docket No. 98-CE-111-AD.

    Applicability: The following airplane models and serial numbers, certificated in any category, that are equipped with any WYE tube, part number (P/N) 9910299-25 or P/N 9910299-26, in the engine exhaust system:

    Model

    Serial numbers

    340A................................. 215 through 1817. 414A................................. 1 through 1212.

    Note 1: This AD allows the aircraft owner or pilot to check the maintenance records to determine whether any WYE tube, P/N 9910299- 25 or P/N 9910299-26, has been installed in the engine exhaust system between May 8, 1998, and December 21, 1998 (the effective date of this AD). See paragraph (c) of this AD for authorization.

    Note 2: Cessna is considering issuing service information pertaining to this subject. This AD takes precedence over any existing or future service information on this subject.

    Note 3: 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 as indicated in the body of this AD, unless already accomplished.

    To detect and correct exhaust leaks caused by nonwelded exhaust system components, which could result in aluminum fuel lines bursting with consequent fuel spillage, an airplane fire, and/or an explosion, accomplish the following:

    (a) Prior to further flight after the effective date of this AD, remove from service any P/N 9910299-25 or P/N 9910299-26 engine exhaust system WYE tube.

    These P/N 9910299-25 or P/N 9910299-26 WYE tubes may be replaced with any of the following in accordance with the instructions in the applicable maintenance manual or other applicable FAA-approved document:

    (1) P/N 9910299-8 (for the P/N 9910299-25) or P/N 9910299-9 (for the P/N 9910299-26) WYE tubes; or (2) Any other FAA-approved engine exhaust system WYE tube that is not P/N 9910299-25 or P/N 9910299- 26.

    (b) As of the effective date of this AD, no person shall install, on any affected airplane,

    [[Page 66422]]

    any P/N 9910299-25 or P/N 9910299-26 engine exhaust system WYE tube.

    (c) 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) may check the maintenance records to determine whether any WYE tube, P/N 9910299-25 or P/N 9910299-26, has been installed in the engine exhaust system between May 8, 1998, and December 21, 1998 (the effective date of this AD). If one of these WYE tubes is not installed, the AD does not apply and the owner/operator must make an entry 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) 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 Aircraft Certification Office (ACO), 1801 Airport Road, Rm. 100, 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 4: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from Wichita ACO.

    (e) Information related to this AD may be examined at the FAA, Central Region, Office of the Regional Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106.

    (f) This amendment becomes effective on December 21, 1998, except those persons to whom it was made immediately effective by priority letter AD 98-24-14, issued November 13, 1998, which contained the requirements of this amendment.

    Issued in Kansas City, Missouri, on November 24, 1998. Michael Gallagher, Manager, Small Airplane Directorate, Aircraft Certification Service.

    [FR Doc. 98-32045Filed12-1-98; 8:45 am]

    BILLING CODE 4910-13-U