[Federal Register Volume 63, Number 17 (Tuesday, January 27, 1998)] [Rules and Regulations] [Pages 3809-3811] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-1860] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. 97-CE-151-AD; Amendment 39-10292; AD 98-01-14] RIN 2120-AA64 Airworthiness Directives; Cessna Aircraft Company Model 182S 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) 98-01-14, which was sent previously to all known U.S. owners and operators of Cessna Aircraft Company (Cessna) Model 182S airplanes. This AD requires replacing the left and right Aeroquip engine exhaust mufflers (P/N 71379-1254017-8) with an FAA-approved equivalent part. Reports of carbon monoxide gas entering the cabin heating system and the cabin of the Cessna Model 182S airplanes prompted this action. This condition, if not corrected, could result in passenger and pilot injury with consequent loss of control of the airplane. DATES: Effective February 23, 1998, to all persons except those to whom it was made immediately effective by priority letter AD 98-01-14, issued December 30, 1997, which contained the requirements of this amendment. Comments for inclusion in the Rules Docket must be received on or before March 27, 1998. ADDRESSES: Submit comments in triplicate to the Federal Aviation Administration (FAA), Central Region, Office of the Regional Counsel, Attention: Rules Docket 97-CE-151-AD, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106. Service information that applies to this AD may be obtained from The Cessna Aircraft Company, P.O. Box 7706, Wichita, Kansas 67277, telephone (316) 941-7550, facsimile (316) 942-9008. FOR FURTHER INFORMATION CONTACT: Mr. Paul Pendleton, Aerospace Engineer, Wichita Aircraft Certification Office, 1801 Airport Road, Rm. 100, Mid-Continent Airport, Wichita, Kansas 67209, telephone (316) 946- 4128; facsimile (316) 946-4407. SUPPLEMENTARY INFORMATION: Discussion On December 30, 1997, the FAA issued priority letter AD 98-01-14, which applies to Cessna 182S airplanes. Cessna Aircraft Company has recently reported that a quality control problem exists with Aeroquip engine exhaust mufflers installed on certain Cessna Model 182S airplanes. Nineteen Cessna Model 182S airplanes are equipped with these mufflers. The problem was discovered during a delivery flight from the manufacturing facility. Following this incident, three operators have reported cracked mufflers during use, and two similar failures occurred at Cessna's facility during production acceptance flight tests. Cessna subsequently pressure-tested the Aeroquip muffler assemblies, which revealed that 7 out of 10 mufflers showed gas leak paths through defective weldments. These inadequate or failed weldments will permit exhaust gas (including carbon monoxide) leakage from the muffler, and consequently into the airplane's cabin and cockpit area. Cessna reports that 19 of these Model 182S airplanes are directly affected. The serial numbers for these models are 18280050 through 18280060, 18280062, 18280063, 18280066, 18280067 through 18280070, and 18280083. All other Cessna Model 182S airplanes were manufactured with Cessna mufflers, part number (P/N) 1254017-8. After examining the circumstances and reviewing all information related to the situation described above, the FAA has determined that AD action should be taken to prevent carbon monoxide gas from entering the airplane's cabin heating system and cabin, which, if not corrected, could result in passenger and pilot injury with consequent loss of control of the airplane. Relevant Service Information Cessna Aircraft Company Service Bulletin No. SB97-78-01, dated [[Page 3810]] December 23, 1997, titled ``Engine Exhaust Muffler Inspection'' pertains to the subject of this priority letter AD. The FAA's Determination and Explanation of the AD Since an unsafe condition (carbon monoxide leakage into the cabin area) has been identified that is likely to exist or develop in other Cessna Model 182S airplanes of the same type design, the FAA issued priority letter AD 98-01-14 to prevent carbon monoxide gas from entering the airplane's cabin heating system and cabin, which, if not corrected, could result in passenger and pilot injury with consequent loss of control of the airplane. The AD requires replacing the left and right Aeroquip engine exhaust mufflers (P/N 71379-1254017-8) with an FAA-approved equivalent part. 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 December 30, 1997, to all known U.S. operators of Cessna Model 182S airplanes. 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 filed in 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. 97-CE-151-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. 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. 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: 98-01-14 Cessna Aircraft Company. Amendment 39-10292; Docket No. 97- CE-151-AD. Applicability: Model 182S airplanes (all serial numbers), certificated 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 (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, except to those operators receiving this action by priority letter issued December 30, 1997, which made these actions effective immediately upon receipt. To prevent carbon monoxide gas from entering the airplane's cabin heating system and cabin, which, if not corrected, could result in passenger and pilot injury with consequent loss of control of the airplane, accomplish the following: (a) For Cessna Model 182S airplanes with serial numbers 18280050 through 18280060, 18280062, 18280063, 18280066, 18280067 through 18280070, and 18280083: Prior to further flight after the effective date of this AD, replace the left and right engine exhaust mufflers with an FAA-approved equivalent part in accordance with the appropriate Cessna maintenance manual. (b) For all Cessna Model 182S airplanes: After the effective date of this AD, no person may install any Aeroquip engine exhaust muffler, part number 71379-1254017-8, on any airplane. Note 2: Cessna Aircraft Company Service Bulletin No. SB97-78-01, dated December 23, 1997, titled ``Engine Exhaust Muffler Inspection'' pertains to the subject of this AD. (c) 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. (d) An alternative method of compliance or adjustment of the compliance time that provides an equivalent level of safety may be approved by the Manager, Wichita Aircraft Certification Office, 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 Aircraft Certification Office. [[Page 3811]] Note 3: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Wichita Aircraft Certification Office. (e) Copies of the relative service information may be obtained from The Cessna Aircraft Company, P.O. Box 7706, Wichita, Kansas 67277. Copies of this document also may be inspected at the FAA, Central Region, Office of the Regional Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106. (f) This amendment (39-10292) becomes effective on February 23, 1998, to all persons except those persons to whom it was made immediately effective by priority letter AD 98-01-14, issued December 30, 1997, which contained the requirements of this amendment. Issued in Kansas City, Missouri, on January 20, 1998. Carolanne L. Cabrini, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. 98-1860 Filed 1-26-98; 8:45 am] BILLING CODE 4910-13-U