[Federal Register Volume 63, Number 231 (Wednesday, December 2, 1998)]
[Rules and Regulations]
[Pages 66420-66422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32045]


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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.

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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 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. 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. 98-32045 Filed 12-1-98; 8:45 am]
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