[Federal Register Volume 60, Number 30 (Tuesday, February 14, 1995)]
[Rules and Regulations]
[Pages 8286-8288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2786]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 94-CE-08-AD; Amendment 39-9139; AD 95-03-02]


Airworthiness Directives; Brackett Aircraft Company, Inc. Air 
Filter Assemblies Installed on 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 airplanes with certain Brackett Aircraft Company, Inc. 
(Brackett) air filter assemblies that have a neoprene gasket design 
installed between the carburetor heat box and the air filter frame. 
This action requires repetitively inspecting (visually) the air filter 
frame for a loose or deteriorating gasket, and replacing any gasket 
found loose or deteriorated. An accident report concerning a Cessna 
Model 172 airplane that experienced engine loss because a six-inch 
piece of neoprene gasket material was lodged in the carburetor prompted 
this action. The actions specified by this AD are intended to prevent 
gasket particles from entering the carburetor because of air filter 
gasket failure, which could result in partial or complete loss of 
engine power.

DATES: Effective March 17, 1995. [[Page 8287]] 
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of March 17, 1995.

ADDRESSES: Service information that applies to this AD may be obtained 
from the Brackett Aircraft Company, Inc., 7045 Flightline Drive, 
Kingman, Arizona 86401. This information may also be examined at the 
Federal Aviation Administration (FAA), Central Region, Office of the 
Assistant Chief Counsel, Room 1558, 601 E. 12th Street, 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: Elizabeth Bumann, Aerospace Engineer, 
Los Angeles Aircraft Certification Office, FAA, 3960 Paramount 
Boulevard, Lakewood, California 90712; telephone (310) 627-5265; 
facsimile (310) 627-5210.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an AD that would apply 
to airplanes that have a Brackett air filter neoprene gasket installed 
in accordance with Supplemental Type Certificate (STC) SA71GL was 
published in the Federal Register on August 25, 1994 (59 FR 43784). The 
action proposed to require repetitively inspecting (visually) the air 
filter frame for a loose or deteriorated gasket, and replacing any 
gasket found loose or deteriorated.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the four comments received from two separate commenters.
    The first commenter, the Brackett Aircraft Co., Inc. (Brackett), 
states that no full model designation was given of the Cessna 172 
airplane referenced in the incident specified by the NPRM. Some Cessna 
172's use the Model BA- 5110A filter (which uses airlocks in the air 
filter frame assembly) and others use the Model BA-5110 filter (which 
uses screws and nuts in the air filter frame assembly). This commenter 
feels that some reference to this difference should be made in the 
proposal.
    The FAA concurs. Paragraphs (a)(1) and (a)(3) of the proposal have 
been changed to specify removing or installing airlocks or screws, 
nuts, and washers, as applicable.
    Brackett also states that the proposal is an economic burden to the 
public and the proposal does not take into account the cost of the 
repetitive inspections.
    The FAA does not concur that this proposal would be an economic 
burden upon the public. Under the criteria of the Regulatory 
Flexibility Act of 1980 (RFA), this AD action would not unnecessarily 
or disproportionally burden any small entities. FAA Order 2100.14A sets 
the size threshold for small entities operating aircraft for hire at 
nine aircraft owned and the annualized cost threshold at $69,000 for 
scheduled operators and $5,000 for unscheduled operators. In order for 
these cost thresholds to be met (based on the inspection taking 1 
workhour at $60 per hour), an owner in scheduled service would have to 
own 1,150 airplanes and an owner in unscheduled service would have to 
own 83 airplanes. With this information in mind and based on the above-
referenced criteria from FAA Order 2100.14A, no small entities would 
meet the annualized cost threshold. The FAA has determined that the 
safety aspect of the proposal outweighs the economic cost upon the 
public. The FAA does concur that the cost figure does not reflect the 
cost of repetitive inspections. As specified in the proposal, the FAA 
has no available means of determining the number of repetitive 
inspections each owner/operator would incur. The proposal is unchanged 
as a result of this comment.
    In addition, Brackett and the other commenter suggest that the 
proposal is unnecessary because part 43, appendix D, of the Federal 
Aviation Regulations (14 CFR part 43, appendix D) already addresses the 
proposed inspection. Brackett states that 14 CFR part 43, appendix D, 
specifies inspecting the engine accessories and systems for improper 
installation, poor general condition, defects, and insecure attachments 
during each 100-hour or annual inspection. The other commenter states 
that this proposal specifies a maintenance action as required by 14 CFR 
part 43, appendix D.
    The FAA acknowledges that 14 CFR part 43, appendix D, does address 
the area of the proposed inspection, but does not specify procedures 
required to properly inspect Brackett air filter neoprene gaskets 
installed in accordance with STC SA71GL. Prior to March 16, 1994, 
procedures for repetitively inspecting the air filter frame were not 
available to owners/operators of airplanes with the affected air filter 
assemblies installed. On that date, Brackett Aircraft Company, Inc., 
issued Brackett Air Filter Document I-194, which specifies inspection 
procedures for these air filter assemblies. Since there is no way of 
knowing what type of inspection procedures were utilized prior to the 
issuance of this document and based on the accident information that 
prompted the proposal, the FAA has determined that AD action should be 
taken to ensure proper inspections of Brackett air filter assemblies 
installed on aircraft. The proposal is unchanged as a result of these 
comments.
    After careful review of all available information, including the 
comments referenced above, the FAA has determined that air safety and 
the public interest require the adoption of the rule as proposed except 
for minor editorial corrections. The FAA has determined that these 
minor corrections will not change the meaning of the AD nor add any 
additional burden upon the public than was already proposed.
    The FAA estimates that 50,000 airplanes in the U.S. registry will 
be affected by this AD, that it will take approximately 1 workhour per 
airplane to accomplish the initial inspection, and that the average 
labor rate is approximately $60 an hour. Based on these figures, the 
total cost impact of the AD on U.S. operators is estimated to be 
$3,000,000 or $60 per owner/operator. This figure represents the cost 
of the initial inspection, and does not reflect costs for repetitive 
inspections or possible replacements. The FAA has no way of determining 
how many gaskets may need replacement or how many repetitive 
inspections each owner/operator may incur.
    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.
    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. [[Page 8288]] 

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, 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 U.S.C. App. 1354(a), 1421 and 1423; 49 U.S.C. 
106(g); and 14 CFR 11.89.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding a new AD to read as follows:

95-03-02  Brackett Aircraft Company, Inc.: Amendment 39-9139; Docket 
No. 94-CE-08-AD.

    Applicability: The following air filter assemblies that utilize 
a neoprene gasket incorporated in accordance with Supplemental Type 
Certificate (STC) SA71GL and installed on, but not limited to, the 
following corresponding airplanes, certificated in any category:

------------------------------------------------------------------------
        Air filter assembly                 Airplanes installed on      
------------------------------------------------------------------------
BA-2010............................  Beech Model 77 Airplanes.          
BA-4106............................  Cessna Models 120, 140, 140A, 150, 
                                      150A, 150B, 150C, 150D, 150E,     
                                      150F, 150G, 150H, 150J, 150K,     
                                      150L, 150M, A150M, 152, and A152; 
                                      Champion Models 7ACA, 7ECA, and   
                                      7FC; Christian Industries Model   
                                      Husky A-1; Luscombe Models 8, 8A, 
                                      8B, 8C, 8D, 8E, 8F, and T-8F; and 
                                      Piper Models PA-22, PA-22-135, PA-
                                      22-150, PA-22-160, PA-22-180, PA- 
                                      20-115, PA-20-135, PA-38, J-3, J3C-
                                      65, J3C-65's, PA-11, PA-11's, J4A,
                                      J4AS, J4E, J5A, J5A-80, PA-12, PA-
                                      12's, PA-16, PA-17, PA-18, PA-18A,
                                      PA-18's, PA-18-``125'', PA-18AS-  
                                      ``125'', PA-18's-``125'', PA-18-  
                                      ``135'', PA-18A-``135'', PA-18AS- 
                                      ``135'', and 8S-135 Airplanes.    
BA-4210............................  Grumman American Aviation          
                                      Corporation Models AA-1, AA-1A, AA-
                                      1B, AA-1C, and AA-5 Airplanes.    
BA-5110............................  Cessna 170, 170A, 170B, 172, 172A, 
                                      172B, 172C, 172D, 172E, 172F,     
                                      172G, 172H, 172I, 172K, 172L, and 
                                      172M; and Mooney Mite Aircraft    
                                      Corporation Model M-18C Airplanes.
BA-5110A...........................  Cessna Models 172N and 172P        
                                      Airplanes.                        
BA-6110............................  Mooney Models M20, M20A, M20B,     
                                      M20C, M20D, and M20G; and Maule   
                                      Models M4, M4C, M4S, M4T, M-4-220,
                                      M-4-220C, M-4-220S, M-4-220T, M-4-
                                      180C, M-4-180S, M-4-180T, M-5-    
                                      220C, M-5-235C, M-5-180C, M-5-    
                                      210TC, M-6-180, M-6-235, and M-7- 
                                      235 Airplanes.                    
BA-8910............................  Aero Commander Models 100 and 100A 
                                      Airplanes.                        
------------------------------------------------------------------------

    Compliance: Required within the next 100 hours time-in-service 
(TIS) after the effective date of this AD, unless already 
accomplished, and thereafter at intervals not to exceed 100 hours 
TIS.
    To prevent gasket particles from entering the carburetor because 
of air filter gasket failure, which could result in partial or 
complete loss of engine power, accomplish the following:
    (a) Visually inspect the inside and outside of the air filter 
frame for gasket looseness, movement, or deterioration in accordance 
with Brackett Air Filter Document I-194, dated March 16, 1994. If 
any gasket looseness, movement, or deterioration is found, prior to 
further flight, accomplish the following:
    (1) Remove the air filter frame by removing the screws, nuts, 
and washers on the air filter frame (3 to 4 each) or the airlocks, 
as applicable. Note that the screws securing the grill to the frame 
need not be removed.
    (2) Remove and replace the neoprene gasket in accordance with 
Brackett Air Filter Document 1-194. Inspect the carburetor in 
accordance with the applicable maintenance manual for gasket 
material ingestion. Remove any material ingested.
    (3) Reinstall the filter frame to the carburetor heat box with 
the screws, nuts, and washers (3 to 4 each) or the airlocks, as 
applicable, that were earlier removed. Torque each nut to where the 
neoprene gasket is compressed to one-half its original thickness.
    (b) 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.
    (c) An alternative method of compliance or adjustment of the 
compliance time that provides an equivalent level of safety may be 
approved by the Manager, Los Angeles Aircraft Certification Office 
(ACO), FAA, 3960 Paramount Boulevard, Lakewood, California 90712. 
The request shall be forwarded through an appropriate FAA 
Maintenance Inspector, who may add comments and then send it to the 
Manager, Los Angeles ACO.

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

    (d) The inspections required by this AD shall be done in 
accordance with Brackett Air Filter Document I-194, dated March 16, 
1994. This incorporation by reference was approved by the Director 
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51. Copies may be obtained from the Brackett Aircraft Company, 
Inc., 7045 Flightline Drive, Kingman, Arizona 86401. Copies may be 
inspected at the FAA, Central Region, Office of the Assistant Chief 
Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri, or at 
the Office of the Federal Register, 800 North Capitol Street, NW., 
suite 700, Washington, DC.
    (e) This amendment (39-9139) becomes effective on March 17, 
1995.

    Issued in Kansas City, Missouri, on January 31, 1995.
Barry D. Clements,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 95-2786 Filed 2-13-95; 8:45 am]
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