[Federal Register Volume 64, Number 79 (Monday, April 26, 1999)]
[Proposed Rules]
[Pages 20221-20224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10348]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-CE-125-AD]
RIN 2120-AA64


Airworthiness Directives; Cessna Aircraft Company Model 182S 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The document proposes to supersede Airworthiness Directive 
(AD) 98-13-10, which currently requires repetitively inspecting all 
engine exhaust muffler end plates (four total) for cracks on all Cessna 
Aircraft Company (Cessna) Model 182S airplanes, and replacing any 
muffler where an end plate is found cracked. AD 98-13-10 also requires 
fabricating and installing a placard that specifies immediately 
inspecting all engine exhaust muffler end plates any time the engine 
backfires upon start-up. The

[[Page 20222]]

proposed AD is the result of Cessna developing an improved design 
exhaust system for the Model 182S airplanes. The proposed AD would 
retain the actions of AD 98-13-10 on all affected airplanes, and would 
require replacing the exhaust system with an improved design exhaust 
system within a certain period of time, as terminating action for those 
requirements retained from AD 98-13-10. The proposed AD would also 
limit the effectivity to not include those airplanes manufactured with 
the improved design exhaust system. The actions specified by the 
proposed AD are intended to detect and correct damage to the engine 
exhaust mufflers caused by cracking and the high stresses imposed on 
the attachment of the exhaust at the area of the firewall, which could 
result in exhaust gases entering the airplane cabin with consequent 
crew and passenger injury.

DATES: Comments must be received on or before June 25, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 98-CE-125-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, Product Support, P.O. Box 7706, 
Wichita, Kansas 67277; telephone: (316) 517-5800; facsimile: (316) 942-
9006. This information also may be examined at the Rules Docket at the 
address above.

FOR FURTHER INFORMATION CONTACT: Mr. Paul Pendleton, Aerospace 
Engineer, Wichita Aircraft Certification Office, FAA, 1801 Airport 
Road, 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 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 notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 98-CE-125-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this MPRM by submitting a request 
to the FAA, Central Region, Office of the Regional Counsel, Attention: 
Rules Docket No. 98-CE-125-AD, Room 1558, 601 E. 12th Street, Kansas 
City, Missouri 64106.

Discussion

    AD 98-13-10, Amendment 39-10598 (63 FR 32973, June 17, 1998), 
currently requires the following on all Cessna Model 1825 airplanes:

--Repetitively inspecting all engine exhaust muffler end plates (four 
total) for cracks;
--Replacing any muffler where an end plate is found cracked; and
--Fabricating and installing a placard that specifies immediately 
inspecting all engine exhaust muffler end plates any time the engine 
backfires upon start-up.

Actions Since Issuance of Previous Rule and Relevant Service 
Information

    Cessna has developed a new exhaust system muffler that, when 
incorporated, would eliminate the need for the repetitive inspection 
required by AD 98-13-10.
    Cessna Service Bulletin SB98-78-03, dated December 14, 1998, 
includes procedures for installing this improved design exhaust system 
muffler.

The FAA's Determination

    After examining the circumstances and reviewing all available 
information related to the incidents described above, including the 
referenced service information, the FAA has determined that AD action 
should be taken to detect and correct damage to the engine exhaust 
mufflers caused by cracking and the high stresses imposed on the 
attachment of the exhaust at the area of the firewall, which could 
result in exhaust gases entering the airplane cabin with consequent 
crew and passenger injury.

Explanation of the Provisions of the Proposed AD

    Since an unsafe condition has been identified that is likely to 
exist or develop in other Cessna Model 182S airplanes of the same type 
design, the proposed AD would supersede AD 98-13-10. The proposed AD 
would retain the actions of AD 98-13-10 on all affected airplanes, and 
would require replacing the exhaust system with an improved design 
exhaust system within a certain period of time, as terminating action 
for the actions retained from AD 98-13-10. The proposed AD would also 
limit the effectivity to not include those airplanes manufactured with 
the improved design exhaust system. Accomplishment of the proposed 
replacement would be required in accordance with Cessna Service 
Bulletin SB98-78-03, dated December 14, 1998.

Cost Impact

    The FAA estimates that 150 airplanes in the U.S. registry would be 
affected by the proposed AD, that it would take approximately 1 
workhour per airplane to accomplish the proposed inspection, and that 
the average labor rate is approximately $60 an hour. Based on these 
figures, the total cost impact of the proposed inspection on U.S. 
operators is estimated to be $9,000, or $60 per airplane. These figures 
only take into account the cost of the proposed initial inspection and 
do not take into account the costs of any repetitive inspections or 
replacements needed if cracks were found.
    The inspection cost of the proposed AD is the same as that 
presented in AD 98-13-10. Therefore, the proposed AD imposes no 
inspection cost impact on U.S. operators of the affected airplanes over 
that already required in AD 98-13-10.
    The FAA estimates that it would take approximately 4 workhours per 
airplane to accomplish the proposed replacement, and that the average 
labor rate is approximately $60 an hour. Parts cost approximately $463 
per muffler assembly (2 required) per airplane. Based on these figures, 
the total cost impact of the proposed replacement on U.S. operators is 
estimated to be $174,900, or $1,166 per airplane.
    Parts credit and labor allowance credit for the actions proposed in 
this NPRM may be obtained by submitting the appropriate paperwork to 
Cessna before June 14, 1999. Any removed

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mufflers should be returned with the paperwork.

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, or 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 contracting 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.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 14 
CFR part 39 of the Federal Aviation Regulations 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) 98-13-10, Amendment 39-10598, and by adding a new AD to read as 
follows:

    Cessna Aircraft Company: Docket No. 98-CE-125-AD; Supersedes AD 
98-13-10, Amendment 39-10598.

    Applicability: Model 182S airplanes, serial numbers 18280001 
through 18280286, certified 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 (g) 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 damage to the engine exhaust mufflers 
caused by cracking and the high stresses imposed on the attachment 
of the exhaust at the area of the firewall, which could result in 
exhaust gases entering the airplane cabin with consequent crew and 
passenger injury, accomplish the following:
    (a) Within 5 days after the effective date of this AD, unless 
already accomplished (compliance with AD 98-13-10), accomplish the 
following:
    (1) Fabricate a placard that specifies immediately inspecting 
all engine exhaust muffler end plates when the engine backfires upon 
start-up, and install this placard on the instrument panel within 
the pilot's clear view. The placard should utilize letters of at 
least 0.10-inch in height and contain the following words:
    ``If the engine backfires upon start-up, prior to further 
flight, inspect and replace (as necessary) all engine exhaust 
muffler end plates.''
    (2) Insert a copy of this AD into the Limitations Section of the 
airplane flight manual (AFM).
    (b) Within 25 hours time-in-service (TIS) after the effective 
date of this AD, unless already accomplished (compliance with AD 98-
13-10), and thereafter at intervals not to exceed 25 hours TIS after 
each inspection (including any inspection accomplished after an 
engine backfire) until the replacement required by paragraphs (b)(1) 
and (d) of this AD are accomplished, inspect all engine exhaust 
muffler end plates (four total) for cracks on the forward (upstream) 
or aft (downstream) end of each muffler can.
    (1) Prior to further flight, replace any engine exhaust muffler 
where an end plate is found cracked with one of improved design, 
part number (P/N) 1254017-19 or P/N 9954200-9 (or FAA-approved 
equivalent part number). Accomplish these replacements in accordance 
with Cessna Service Bulletin SB98-78-03, dated December 14, 1998.
    (2) This replacement terminates the repetitive inspection 
required by this AD for that particular engine exhaust muffler. The 
repetitive inspections would still be required for any other engine 
exhaust muffler not replaced with the improved design parts.
    (3) The placard requirements of this AD are still required until 
all engine exhaust system mufflers are replaced with the improved 
design parts.

    Note 2: Cessna Service Bulletin SB98-78-02, Issued: June 6, 
1998, depicts the area to be inspected. The actions of this service 
bulletin are different from those required by this AD. This AD takes 
precedence over the actions specified in this service bulletin. 
Accomplishment of Cessna Service Bulletin SB98-78-02, Issued: June 
6, 1998, is not considered an alternative method of compliance to 
the actions of this AD.

    (c) Fabricating and installing the placard and inserting this AD 
into the Limitations Section of the AFM, as required by paragraph 
(a) of this AD, may be performed by 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), and must be entered 
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) Within 12 calendar months after the effective date of this 
AD, replace the engine exhaust mufflers with ones of improved 
design, part number (P/N) 1254017-19 or P/N 9954200-9 (or FAA-
approved equivalent part number). Accomplish these replacements in 
accordance with Cessna Service Bulletin SB98-78-03, dated December 
14, 1998.
    (1) These replacements terminate the repetitive inspection and 
placard requirements of this AD, as specified in paragraphs (a) and 
(b), including all subparagraphs, of this AD.
    (2) The replacements may be accomplished prior to 12 calendar 
months after the effective date of this AD, as terminating action 
for the repetitive inspection and placard requirements of this AD.
    (e) As of the effective date of this AD, no person may install, 
on any affected airplane, an engine exhaust muffler that is not of 
improved design, P/N 1254017-19 or P/N 9954200-9 (or FAA-approved 
equivalent part number).
    (f) 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.
    (g) 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, Room 100, Mid-
Continent Airport, Wichita, Kansas 67209.
    (1) The request shall be forwarded through an appropriate FAA 
Maintenance Inspector, who may add comments and then send it to the 
Manager, Wichita ACO.
    (2) Alternative methods of compliance approved in accordance 
with AD 98-13-10 are not considered approved as alternative methods 
of compliance for this AD.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Wichita ACO.

    (h) All persons affected by this directive may obtain copies of 
the documents referred to herein upon request to the Cessna Aircraft 
Company, Product Support, P.O. Box 7706, Wichita, Kansas 67277; or 
may examine these documents at the FAA, Central Region, Office of 
the Regional Counsel, Room 1558, 601 E. 12th Street, Kansas City, 
Missouri 64106.
    (i) This amendment supersedes AD 98-13-10, Amendment 39-10598.


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    Issued in Kansas City, Missouri, on April 20, 1999.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-10348 Filed 4-23-99; 8:45 am]
BILLING CODE 4910-13-M