[Federal Register Volume 64, Number 249 (Wednesday, December 29, 1999)]
[Rules and Regulations]
[Pages 72919-72922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33564]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-CE-24-AD; Amendment 39-11483; AD 99-27-02]
RIN 2120-AA64


Airworthiness Directives; Cessna Aircraft Company 170, 172, 175, 
and 177 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to all Cessna Aircraft Company (Cessna) 170, 172, 175, and 177 
series airplanes. This AD requires replacing certain fuel selector 
valve cams or fuel selector valves that Cessna shipped from December 6, 
1998, through May 10, 1999, and prevents the future installation of 
these fuel selector valve cams or fuel selector valves.
    This AD allows the pilot to check the logbooks to determine whether 
one of these fuel selector valve cams or fuel selector valves is 
installed. This AD results from reports from Cessna that fuel selector 
valve cams and fuel selector valves were manufactured with control 
shafts that will not allow both tanks to supply fuel to the engine in 
certain situations. The actions specified by this AD are intended to 
prevent an inadequate supply of fuel from reaching the engine because 
of a fuel selector valve cam or fuel selector valve. This could result 
in an emergency landing or loss of control of the airplane.

DATES: Effective January 21, 2000.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the regulation as of 
January 21, 2000.
    The FAA must receive any comments on this rule on or before 
February 14, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 99-CE-24-AD, 901 Locust, Room 506, Kansas 
City, Missouri 64106.
    You may get the service information referenced in this AD from the 
Cessna Aircraft Company, Product Support, P. O. Box 7706, Wichita, 
Kansas 67277; telephone: (316) 571-5800; facsimile: (316) 942-9008. You 
may examine this information at the FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 99-CE-24-AD, 901 Locust, 
Room 506, 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: Mr. Paul O. Pendleton, Aerospace 
Engineer, FAA, Wichita Aircraft Certification Office, 1801 Airport 
Road, Rm 100, Mid-Continent Airport, Wichita, Kansas, 67209; telephone: 
(316) 946-4143; facsimile: (316) 946-4407.

SUPPLEMENTARY INFORMATION:

Discussion

    What events have caused this AD? Cessna manufactured fuel selector 
valve cams and fuel selector valves that may have control shafts that 
will not allow both tanks to supply fuel to the engine when the pilot 
selects the ``Both On'' position. These fuel selector valve cams and 
fuel selector valves can be installed in certain Cessna 170, 172, 175, 
and 177 series airplanes (specific models listed in the AD). The ``Both 
On'' position is required for takeoff and landing on most of the 
affected airplanes, in order to supply fuel to the engine at an 
acceptable rate.
    What is the unsafe condition? These fuel selector valve cams or 
fuel selector valves, when installed, could result in an inadequate 
supply of fuel to the engine and result in an emergency landing or loss 
of control of the airplane.
    What is the cause of the problem? Quality control. Cessna shipped 
the fuel selector valve cams and fuel selector valves during the time 
of December 6, 1998, through May 10, 1999.

Relevant Service Information

    Is there service information that applies to this subject? Yes. 
Cessna has issued Service Bulletin SEB99-7, dated June 7, 1999.
    What are the provisions of this service bulletin? The service 
bulletin includes the following:

--A list of all the airplanes where these fuel selector valve cams and 
fuel

[[Page 72920]]

selector valves are eligible for installation;
--The material and parts necessary to replace the fuel selector valve 
cams and fuel selector valves;
--Instructions for accomplishing the fuel selector valve cam and fuel 
selector valve replacement; and
--Information on warranty credit.

The FAA's Determination and an Explanation of the Provisions of the 
AD

    What has the FAA decided? After examining the circumstances and 
reviewing all available information related to the incidents described 
above, including the relevant service information, the FAA has 
determined that:

--An unsafe condition exists or could develop on certain Cessna 170, 
172, 175, and 177 series airplanes;
--The above-referenced fuel selector valve cams and fuel selector 
valves should be removed from service and future installation should be 
prohibited; and
--AD action should be taken to prevent an inadequate supply of fuel 
from reaching the engine because of a fuel selector valve cam or fuel 
selector valve, which could result in an emergency landing or loss of 
control of the airplane.

    What does this AD require? This AD requires replacing certain fuel 
selector valve cams and fuel selector valves that Cessna shipped from 
December 6, 1998, through May 10, 1999, and prevents the future 
installation of these fuel selector valve cams and fuel selector 
valves. This AD allows the pilot to check the logbooks to determine 
whether one of these fuel selector valve cams or fuel selector valves 
is installed.
    What is the compliance time of this AD? Within 10 hours time-in-
service (TIS) after the effective date of this AD. Since a situation 
exists that requires the immediate adoption of this regulation, the FAA 
finds that notice and opportunity for public prior comment hereon are 
impracticable, and that good cause exists for making this amendment 
effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule and was not 
preceded by notice and opportunity for public comment, the FAA invites 
comments on this rule. You may submit whatever written data, views, or 
arguments you choose. You need to include the rule's docket number and 
submit your comments in triplicate to the address specified under the 
caption ADDRESSES. The FAA will consider all comments received on or 
before the closing date. We may amend this rule in light of comments 
received. Factual information that supports your ideas and suggestions 
is extremely helpful in evaluating the effectiveness of the AD action 
and determining whether we need to take additional rulemaking action.
    The FAA is re-examining the writing style we currently use in 
regulatory documents, in response to the Presidential memorandum of 
June 1, 1998. That memorandum requires federal agencies to communicate 
more clearly with the public. We are interested in your comments on 
whether the style of this document is clearer, and any other 
suggestions you might have to improve the clarity of FAA communications 
that affect you. You can get more information about the Presidential 
memorandum and the plain language initiative at http://
www.plainlanguage.gov.
    The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. You may examine all comments we 
receive before and after the closing date of the rule in the Rules 
Docket. We will file a report in the Rules Docket that summarizes each 
FAA contact with the public that concerns the substantive parts of this 
AD.
    If you want us to acknowledge the receipt of your comments, you 
must include a self-addressed, stamped postcard. On the postcard, write 
``Comments to Docket No. 99-CE-24-AD.'' We will date stamp and mail the 
postcard back to you.

Regulatory Impact

    These regulations will not have a substantial direct effect 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, the FAA has determined that 
this final rule does not have federalism implications under Executive 
Order 13132.
    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. We determined that this action involves an 
emergency regulation under DOT Regulatory Policies and Procedures (44 
FR 11034, February 26, 1979). If the FAA determines that this emergency 
regulation otherwise would be significant under DOT Regulatory Policies 
and Procedures, we will prepare a final regulatory evaluation and place 
it in the Rules Docket (otherwise, an evaluation is not required). You 
may obtain a copy of this evaluation, if filed, from the Rules Docket.

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. 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:

99-27-02  Cessna Aircraft Company: Amendment 39-11483; Docket No. 
99-CE-24-AD.

    (a) What airplanes are affected by this AD? The following 
airplane models and serial numbers that are:
    (1) certificated in any category; and
    (2) equipped with Fuel Selector Valve Cam part number 0513123, 
or Fuel Selector Valve part number 0513120-5, 0513120-6, 0513120-8, 
0513120-9, or 0513120-200; that Cessna shipped from December 6, 
1998, through May 10, 1999:

------------------------------------------------------------------------
                Model                             Serial No.
------------------------------------------------------------------------
170B................................  20267 through 20999.
170B................................  25000 through 27169.
170B................................  609 and 19401.
172.................................  28000 through 29999.
172.................................  36000 through 36999.
172.................................  46001 through 46754.
172.................................  610, 612, and 615.
172A................................  46755 through 47746.
172A................................  622 and 625.
172B................................  17247747 through 17248734.
172B................................  630.
172C................................  17248735 through 17249544.
172D................................  17249545 through 17250572.
172E................................  17250573 through 17251822.
172E................................  639.
172F................................  17251823 through 17253392.
172G................................  17253393 through 17254892.
172H................................  17254893 through 17256492.
172H................................  17256494 through 17256512.
172H................................  638.
172I................................  17256513 through 17257161.
172K................................  17257162 through 17258486.
172K................................  17258487 through 17259223.
172L................................  17259224 through 17259903.
172L................................  17259904 through 17260758.
172M................................  17260759 through 17261444.

[[Page 72921]]

 
172M................................  17261446 through 17261577.
172M................................  17261579 through 17261898.
172M................................  17256493.
172M................................  17261899 through 17263458.
P172D...............................  P17257120 through P17257188.
P172E (T41).........................  R172-0001 through R172-0335.
R172F (T41).........................  R172-0336 through R172-0409.
R172G (T41).........................  R1720410 through R1720444.
R172H (T41).........................  R1720445 through R1720494.
R172H (T41).........................  R1720495 through R1720546.
R172H (T41).........................  R1720547 through R1720620.
R172J...............................  P17257189.
R172K...............................  R1722000 through R1722724.
R172K...............................  R1722725 through R1722929.
R172K...............................  R1722930 through R1723199.
R172K...............................  680.
R172K...............................  R1723200 through R1723397.
R172K...............................  R1723397 through R1723399.
R172K...............................  R1723400 through R1723454.
175.................................  28700A
175A................................  619.
175C................................  17557003 through 17557119.
177.................................  17700001.
177.................................  17700003 through 17701164.
177.................................  661.
177A................................  17701165 through 17701370.
177B................................  17701371 through 17701471.
177B................................  17701473 through 17701530.
177B................................  17701531 through 17701633.
177B................................  17700002.
177B................................  17701634 through 17701773.
177B................................  17701774 through 17701973.
177B................................  17701974 through 17702123.
177B................................  17702124 through 17702313.
177B................................  17701472.
177B................................  17702314 through 17702522.
177B................................  17702523 through 17702672.
177B................................  17702673 through 17702752.
F172D...............................  F172-0001 through F172-0018.
F172E...............................  F172-0019 through F172-0085.
F172F...............................  F172-0086 through F172-0179.
F172G...............................  F172-0180 through F172-0319.
F172H...............................  F172-0320 through F172-0431.
F172H...............................  F172-0436 through F172-0442.
F172H...............................  F172-0444 through F172-0446.
F172H...............................  F172-0432 through F172-0435.
F172H...............................  F172-0443.
F172H...............................  F172-0447 through F172-0559.
F172H...............................  F172-0560 through F172-0654.
F172H...............................  F17200655 through F17200754.
F172K...............................  F17200755 through F17200804.
F172L...............................  F17200805 through F17200904.
F172M...............................  F17200905 through F17201034.
F172M...............................  F17201035 through F17201234.
FP172...............................  FP172-0001 through FP172-0003.
FR172E..............................  FR17200001 through FR17200060.
FR172F..............................  FR17200061 through FR17200145.
FR172G..............................  FR17200146 through FR17200225.
FR172H..............................  FR17200226 through FR17200275.
FR172H..............................  FR17200276 through FR17200350.
FR172J..............................  FR17200351 through FR17200440.
FR172J..............................  FR17200441 through FR17200530.
FR172J..............................  FR17200531 through FR17200559.
FR172J..............................  FR17200560 through FR17200590.
FR172K..............................  FR17200591 through FR17200620.
FR172K..............................  FR17200621 through FR17200630.
FR172K..............................  FR17200631 through FR17200655.
FR172K..............................  FR17200656 through FR17200665.
FR172K..............................  FR17200666 through FR17200675.
------------------------------------------------------------------------

    (b) Who must comply with this AD? Anyone who wishes to operate 
any of the above airplanes on the U.S. Register.
    (c) What problem does this AD address? The affected fuel 
selector valve cams or fuel selector valves, when installed, could 
result in an inadequate supply of fuel to the engine. This could 
then result in an emergency landing or loss of control of the 
airplane.
    (d) What must I do to address this problem? To address this 
problem, you must accomplish the replacement, records check, and/or 
installation prohibition requirements explained below, as 
applicable:
    (1) Replacement Requirement.
    (i) What action is required? Replace any Fuel Selector Valve Cam 
part number 0513123, or Fuel Selector Valve part number 0513120-5, 
0513120-6, 0513120-8, 0513120-9, or 0513120-200, that Cessna shipped 
from December 6, 1998, through May 10, 1999. Paragraphs (d)(2)(i) 
and (d)(2)(ii) of this AD provide procedures for checking the 
maintenance records to determine if one of these fuel selector valve 
cams or fuel selector valves is installed.
    (ii) What procedures must be used? The procedures contained in 
Cessna Service Bulletin SEB99-7, dated June 7, 1999, and the 
applicable maintenance manual.
    (iii) When is the action required? Within the next 10 hours TIS 
after the effective date of this AD.
    (2) Maintenance Records Check.
    (i) May the pilot check the maintenance records to determine if 
this AD applies? Yes. 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 one of the affected fuel selector valve cams or 
fuel selector valves was installed after December 6, 1998.
    (ii) What if the maintenance records show that no affected fuel 
selector valve cam or fuel selector valve is installed? If, by 
checking the maintenance records, the pilot can positively show that 
a Fuel Selector Valve Cam part number 0513123, or Fuel Selector 
Valve part number 0513120-5, 0513120-6, 0513120-8, 0513120-9, or 
0513120-200, is not installed or was installed prior to December 6, 
1998, then the replacement requirement of paragraph (b) of this AD 
does not apply. You must make an entry into the aircraft records 
that shows compliance with this portion of the AD, in accordance 
with section 43.9 of the Federal Aviation Regulations (14 CFR 43.9).
    (3) Installation Prohibition Requirements.
    (i) What prevents these parts from being installed in the 
future?
    You may not install a Fuel Selector Valve Cam part number 
0513123 or Fuel Selector Valve part number 0513120-5, 0513120-6, 
0513120-8, 0513120-9, or 0513120-200; that Cessna shipped from 
December 6, 1998, through May 10, 1999, in any of the affected 
airplanes.
    (ii) When does this prohibition go into effect? As of the 
effective date of this AD.
    (e) Can I comply with this AD in any other way? Yes.
    (1) You may use an alternative method of compliance or adjust 
the compliance time if:
    (i) Your alternative method of compliance provides an equivalent 
level of safety; and
    (ii) The Manager, Wichita Aircraft Certification Office, 
approves your alternative. Submit your request through an FAA 
Principal Maintenance Inspector, who may add comments and then send 
it to the Manager.
    (2) 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 (e)(1) 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.
    (f) Where can I get information about any already-approved 
alternative methods of compliance? Contact the Wichita Aircraft 
Certification Office, 1801 Airport Road, Room 100, Mid-Continent 
Airport, Wichita, Kansas, 67209; telephone: (316) 946-4143; 
facsimile: (316) 946-4407.
    (g) What if I need to fly the airplane to another location to 
comply with this AD? The FAA can issue a special flight permit under 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate your airplane to a location where 
you can accomplish the requirements of this AD.
    (h) Are any service bulletins incorporated into this AD by 
reference? Yes. You must accomplish the actions required by this AD 
in accordance with Cessna Service Bulletin SEB99-7, dated June 7, 
1999. The Director of the Federal Register approved this

[[Page 72922]]

incorporation by reference under 5 U.S.C. 552(a) and 1 CFR part 51. 
You can get copies from the Cessna Aircraft Company, Product 
Support, P.O. Box 7706, Wichita, Kansas 67277. You can look at 
copies at the FAA, Central Region, Office of the Regional Counsel, 
901 Locust, Room 506, Kansas City, Missouri, or at the Office of the 
Federal Register, 800 North Capitol Street, NW, suite 700, 
Washington, DC.
    (i) When does this amendment become effective? This amendment 
becomes effective on January 21, 2000.

    Issued in Kansas City, Missouri, on December 20, 1999.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 99-33564 Filed 12-28-99; 8:45 am]
BILLING CODE 4910-13-U