[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]


 ========================================================================
 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.
 
 ========================================================================
 

  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document would have superseded AD 72-14-08 R1, which currently requires 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:

------------------------------------------------------------------------
           Model(s)                          Serial number
------------------------------------------------------------------------
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.
------------------------------------------------------------------------

    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-

[[Page 56582]]

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