[Federal Register Volume 63, Number 204 (Thursday, October 22, 1998)]
[Proposed Rules]
[Pages 56579-56582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28300]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 63, No. 204 / Thursday, October 22, 1998 /
Proposed Rules
[[Page 56579]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 90-CE-35-AD]
RIN 2120-AA64
Airworthiness Directives; Cessna Aircraft Company 310, T310, 320,
401, 402, 411, and 421 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Supplemental notice of proposed rulemaking (NPRM); Reopening of
the comment period.
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SUMMARY: This document proposes to revise an earlier proposed
airworthiness directive (AD) that would have applied to certain Cessna
310, T310, 320, 401, 402, 411, and 421 series airplanes. The previous
document would have superseded AD 72-14-08 R1, which currently requires
repetitively inspecting the fuel and oil flexible hose lines for
leakage or evidence of any damaged or deteriorated hose assembly on the
above-referenced airplanes, and replacing any discrepant part. This
document would retain from the previous proposed AD the requirement of
replacing the fuel and oil flexible hose assemblies in the engine
compartment on Cessna 401, 402, and 421 series airplanes with Cessna
hose assemblies of improved design, as terminating action for the
repetitive inspection requirement of AD 72-14-08-R1; and would provide
for the replacement of assemblies of equivalent design to that of the
Cessna parts. The proposed AD is the result of the Federal Aviation
Administration's policy on commuter class aircraft, which briefly
states that, when a modification exists that could eliminate or reduce
the number of required critical inspections, the modification should be
incorporated. The actions specified by the proposed AD are intended to
prevent deterioration of the fuel and oil hose assemblies, which could
result in fuel or oil leakage with consequent engine shutdown. Since
sufficient time has passed (more than 12 months) since the issuance of
the original proposal, the FAA is reopening the comment period and
allowing the public additional time to comment.
DATES: Comments must be received on or before December 22, 1998.
ADDRESSES: Submit comments in triplicate to the FAA, Central Region,
Office of the Regional Counsel, Attention: Rules Docket No. 90-CE-35-
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, P.O. Box 7706, Wichita, Kansas 67277,
telephone: (316) 941-7550, facsimile: (316) 942-9008. This information
also may be examined at the Rules Docket at the address above.
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:
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 supplemental 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 filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this supplemental notice must submit a self-
addressed, stamped postcard on which the following statement is made:
``Comments to Docket No. 90-CE-35-AD.'' The postcard will be date
stamped and returned to the commenter.
Availability of Supplemental NPRM's
Any person may obtain a copy of this supplemental NPRM by
submitting a request to the FAA, Central Region, Office of the Regional
Counsel, Attention: Rules Docket No. 90-CE-35-AD, Room 1558, 601 E.
12th Street, Kansas City, Missouri 64106.
Discussion
A proposal to amend part 39 of the Federal Aviation Regulations (14
CFR part 39) to include an AD that would apply to certain Cessna Models
310, T310, 320, 401, 402, 411, and 421 series airplanes was published
in the Federal Register as a notice of proposed rulemaking (NPRM) on
October 23, 1990 (55 FR 42726). The NPRM proposed to supersede AD 72-
14-08 R1, Amendment 39-4215, with a new AD that would:
--initially retain the requirement of repetitively inspecting the fuel
and oil flexible hose lines for leakage or evidence of any damaged or
deteriorated hose assembly on all of the affected airplanes, and
replacing any discrepant part; and
--eventually require, regardless if damage or deterioration was found,
replacing the fuel and oil flexible hose assemblies in the engine
compartment with Cessna hose assemblies of improved design for the
Cessna 401, 402, and 421 series airplanes, as terminating action for
the repetitive inspection requirement. The 310, T310, 320, and 411
series airplanes could either be inspected repetitively provided no
damage or deterioration was found or have the fuel and oil flexible
hose assemblies replaced.
The NPRM was the result of the Federal Aviation Administration's
policy on commuter class aircraft, which briefly states that, when a
modification exists that could eliminate or reduce the number of
required critical inspections, the modification
[[Page 56580]]
should be incorporated. For the purposes of the NPRM, the 401, 402, and
421 series airplanes are considered commuter class and would be
affected by the proposed mandatory parts replacement.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the one comment received.
Comment Disposition
The commenter feels that mandatory replacement of the fuel and oil
flexible hoses is unjustified if the hoses are showing no signs of
damage or deterioration. The commenter states that he has had no
problems with his Cessna Model 402B for 5,600 hours time-in-service
(TIS) and that he shouldn't be penalized with an expensive hose
replacement AD.
The FAA does not concur that mandatory replacement of the fuel and
oil flexible hoses is unjustified. The FAA has determined that reliance
on critical repetitive inspections on aging commuter-class airplanes
carries an unnecessary safety risk when a design change exists that
could eliminate or, in certain instances, reduce the number of those
critical inspections. In determining what inspections are critical, the
FAA considers (1) the safety consequences if the known problem is not
detected by the inspection; (2) the reliability of the inspection such
as the probability of not detecting the known problem; (3) whether the
inspection area is difficult to access; and (4) the possibility of
damage to an adjacent structure as a result of the problem.
These factors have led the FAA to establish an aging commuter-class
aircraft policy that requires incorporating a known design change when
it could replace a critical repetitive inspection. Therefore, the FAA
has determined that replacement of the fuel and oil hose assemblies
should be mandatory instead of relying on repetitive inspections to
detect damage or deterioration.
Events Since Issuance of the NPRM
Since issuance of the NPRM, the FAA has received information about
equivalent fuel and oil hose assemblies to that of the improved design
Cessna parts. The FAA has determined that the proposed AD should
provide the option of installing the Cessna parts or FAA-approved
equivalent parts.
The FAA's Determination
After examining all information related to the subject described in
this document, the FAA has determined that:
--the NPRM should be revised to add the option of installing fuel and
oil hose assemblies that are equivalent to the improved design Cessna
parts on Cessna 401, 402, and 421 series airplanes; and
--AD action should be taken to incorporate these changes to continue to
prevent deterioration of the fuel and oil hose assemblies, which could
result in fuel or oil leakage with consequent engine shutdown.
The Supplemental NPRM
Since sufficient time has passed (more than 12 months) since the
issuance of the original proposal, the FAA is reopening the comment
period to provide additional time for public comment.
Cost Impact
The FAA estimates that approximately 2,617 of the 401, 402, and 421
series airplanes and 5,023 of the 310, T310, 320, and 411 series
airplanes would be affected by the proposed AD.
The cost of installing the improved hose assemblies (parts and
labor) is estimated to be $3,520 per airplane (7 workhours at $60 per
hour = $420 plus $3,100 (average price) for parts). With these figures
in mind, the cost impact upon the public for the entire fleet of 401,
402, and 421 series airplanes would be approximately $9,211,840. The
cost impact upon the public if every airplane owner/operator of the
entire fleet of 310, T310, 320, and 411 series airplanes were to choose
to replace the fuel and oil hose assemblies would be approximately
$17,680,960.
The proposed initial inspection for all affected airplanes would
take approximately 2 workhours to accomplish at an average labor rate
of $60 per hour. The cost impact for the proposed initial inspection
would be $314,040 for the 401, 402, and 421 series airplanes; and
$602,760 for the 310, T310, 320, and 411 series airplanes. These
figures only take into account the cost of the proposed initial
inspection and do not take into account the cost of any repetitive
inspections. The FAA has no way of determining the number of repetitive
inspections each owner/operator of the 310, T310, 320, and 411 series
airplanes would incur over the life of his/her airplane; or how many
repetitive inspections each owner/operator of the 401, 402, and 421
series airplanes would incur over the 12 months until the proposed
mandatory parts replacement occurs.
In addition, the FAA estimates that around 75 percent of the 401,
402, and 421 series airplanes already have the proposed mandatory parts
replacement, and that numerous 310, T310, 320, and 411 series airplanes
have the proposed optional parts replacement. This would substantially
reduce the cost impact upon the public for both the inspection and
parts replacement aspects of this proposed AD.
Compliance Time of This Proposed AD
The compliance time for the proposed fuel and oil flexible hose
assembly replacement for the Cessna 401, 402, and 421 series airplanes
is 12 calendar months after the effective date of the proposed AD. The
FAA has determined that a calendar time for compliance is the most
desirable method because yearly operational times vary so greatly
throughout the fleet. According to FAA data, yearly operational times
vary from a low of approximately 64 hours TIS to a high of
approximately 2,824 hours TIS.
Based on this information, the FAA has determined that using a
compliance time based upon hours TIS is unrealistic from a safety
standpoint since the hoses deteriorate over time. Therefore, to
maintain continuity and assure that all flexible fuel and oil hose
assemblies are replaced in a timely manner, the FAA is proposing a
compliance based upon calendar time.
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, on 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 contacting the Rules Docket at the location
provided under the caption ADDRESSES.
[[Page 56581]]
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
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 removing Airworthiness Directive
(AD) 72-14-08 R1, Amendment 39-4215, and adding a new AD to read as
follows:
Cessna Aircraft Company: Docket No. 90-CE-35-AD. Supersedes AD 72-
14-08 R1, Amendment 39-4215
Applicability: The following models and serial number airplanes,
certificated in any category, that do not have Cessna improved
design fuel and oil flexible hose assemblies (or Stratoflex
equivalent parts or other FAA-approved equivalent parts) installed
in accordance with either Cessna Service Information Letter ME81-17,
dated July 10, 1981; Cessna Service Information Letter ME81-17,
Revision 1, dated November 5, 1982; or the applicable maintenance
manual:
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Model(s) Serial number
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310, 310B, 310C, 310D........ 35000 through 39299.
310F......................... 310-001 through 310-0156.
310G through 310Q............ 310G0001 through 310Q1160.
310A (U-3A).................. 38001 through 38160.
310E (U-3B).................. 310M0001 through 310M0036.
T310P and T310Q.............. 310P0001 through 310Q1160.
320.......................... 320-0001 through 320-0110.
320A through 320F............ 320A0001 through 320F0045.
401.......................... 401-0001 through 401-0322.
401A and 401B................ 401A0001 through 401B0221.
402.......................... 402-0001 through 402-0322.
402A and 402B................ 402A0001 through 402B1384.
411.......................... 411-0001 through 411-0250.
411A......................... 411A0251 through 411A0300.
421.......................... 421-0001 through 421-0200.
421A and 421B................ 421A0001 through 421B0970.
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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 as indicated in the body of this AD, unless
already accomplished.
To prevent deterioration of the fuel and oil hose assemblies,
which could result in fuel or oil leakage with consequent engine
shutdown, accomplish the following:
(a) Within the next 60 hours time-in-service (TIS) after the
effective date of this AD or within the next 60 hours TIS after the
last inspection required by AD 72-14-08 R1, whichever occurs first,
and thereafter at intervals not to exceed 60 hours TIS, accomplish
the following in accordance with the applicable Cessna 300 and 400
Series Service Manuals:
(1) Visually inspect the flexible fuel lines as follows:
(i) Pressurize the fuel lines with the boost pump momentarily
operating in the prime position. When accomplishing this test,
assure that the mixture control is in the idle cutoff position.
While the lines are pressurized, examine all hose exteriors in the
engine compartment for evidence of leakage such as wetness and fuel
stains.
(ii) After pressure testing fuel hoses, allow sufficient time
for excess fuel to drain overboard from the engine manifold before
attempting an engine start.
(iii) Examine externally all fuel hoses in the engine
compartment for evidence of deterioration or damage such as cracks,
cuts, bulges, discoloration, hardness, chafing, and excessive wear.
(2) Visually inspect flexible oil lines, as follows:
(i) Examine all hose exteriors in the engine compartment for
evidence of leakage.
(ii) Examine externally all oil hoses in the engine compartment
for evidence of deterioration or damage such as cracks, cuts,
bulges, discoloration, hardness, chafing, and excessive wear.
(b) If, during any inspection required by this AD, leakage or
other evidence of any deteriorated or damaged hose assembly is
found, prior to further flight, replace that particular fuel or oil
flexible hose assembly with a Cessna improved design fuel or oil
flexible hose assembly (or Stratoflex equivalent parts or other FAA-
approved equivalent parts).
(1) Accomplish this replacement in accordance with either Cessna
Service Information Letter ME81-17, dated July 10, 1981; Cessna
Service Information Letter ME81-17, Revision 1, dated November 5,
1982; or the applicable maintenance manual.
(2) Repetitive inspections are no longer necessary on any fuel
or oil flexible hose assembly replaced with improved design parts,
as specified in paragraphs (b) and (b)(1) of this AD.
(c) For the affected Models 401, 401A, 401B, 402, 402B, 421,
421A, and 421B airplanes, within the next 12 calendar months after
the effective date of this AD, unless already accomplished in
accordance with paragraph (b) of this AD, replace all fuel and oil
flexible hose assemblies with Cessna improved design fuel and oil
flexible hose assemblies (or Stratoflex equivalent parts or other
FAA-approved equivalent parts).
(1) Accomplish these replacements in accordance with either
Cessna Service Information Letter ME81-17, dated July 10, 1981;
Cessna Service Information Letter ME81-17, Revision 1, dated
November 5, 1982; or the applicable maintenance manual.
(2) Repetitive inspections are no longer necessary when these
replacements are accomplished.
(d) 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.
(e) 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, Rm. 100, Mid-
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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 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from Wichita ACO.
(f) Questions or technical information related to the service
information specified in this AD should be directed to the Cessna
Aircraft Company, P. O. Box 7706, Wichita, Kansas 67277, telephone:
(316) 941-7550, facsimile: (316) 942-9008. This service information
may be examined at the FAA, Central Region, Office of the Regional
Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106.
Issued in Kansas City, Missouri, on October 15, 1998.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 98-28300 Filed 10-21-98; 8:45 am]
BILLING CODE 4910-13-U