[Federal Register Volume 60, Number 30 (Tuesday, February 14, 1995)]
[Rules and Regulations]
[Pages 8286-8288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2786]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 94-CE-08-AD; Amendment 39-9139; AD 95-03-02]
Airworthiness Directives; Brackett Aircraft Company, Inc. Air
Filter Assemblies Installed on Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment adopts a new airworthiness directive (AD) that
applies to airplanes with certain Brackett Aircraft Company, Inc.
(Brackett) air filter assemblies that have a neoprene gasket design
installed between the carburetor heat box and the air filter frame.
This action requires repetitively inspecting (visually) the air filter
frame for a loose or deteriorating gasket, and replacing any gasket
found loose or deteriorated. An accident report concerning a Cessna
Model 172 airplane that experienced engine loss because a six-inch
piece of neoprene gasket material was lodged in the carburetor prompted
this action. The actions specified by this AD are intended to prevent
gasket particles from entering the carburetor because of air filter
gasket failure, which could result in partial or complete loss of
engine power.
DATES: Effective March 17, 1995. [[Page 8287]]
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of March 17, 1995.
ADDRESSES: Service information that applies to this AD may be obtained
from the Brackett Aircraft Company, Inc., 7045 Flightline Drive,
Kingman, Arizona 86401. This information may also be examined at the
Federal Aviation Administration (FAA), Central Region, Office of the
Assistant Chief Counsel, Room 1558, 601 E. 12th Street, 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: Elizabeth Bumann, Aerospace Engineer,
Los Angeles Aircraft Certification Office, FAA, 3960 Paramount
Boulevard, Lakewood, California 90712; telephone (310) 627-5265;
facsimile (310) 627-5210.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an AD that would apply
to airplanes that have a Brackett air filter neoprene gasket installed
in accordance with Supplemental Type Certificate (STC) SA71GL was
published in the Federal Register on August 25, 1994 (59 FR 43784). The
action proposed to require repetitively inspecting (visually) the air
filter frame for a loose or deteriorated gasket, and replacing any
gasket found loose or deteriorated.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the four comments received from two separate commenters.
The first commenter, the Brackett Aircraft Co., Inc. (Brackett),
states that no full model designation was given of the Cessna 172
airplane referenced in the incident specified by the NPRM. Some Cessna
172's use the Model BA- 5110A filter (which uses airlocks in the air
filter frame assembly) and others use the Model BA-5110 filter (which
uses screws and nuts in the air filter frame assembly). This commenter
feels that some reference to this difference should be made in the
proposal.
The FAA concurs. Paragraphs (a)(1) and (a)(3) of the proposal have
been changed to specify removing or installing airlocks or screws,
nuts, and washers, as applicable.
Brackett also states that the proposal is an economic burden to the
public and the proposal does not take into account the cost of the
repetitive inspections.
The FAA does not concur that this proposal would be an economic
burden upon the public. Under the criteria of the Regulatory
Flexibility Act of 1980 (RFA), this AD action would not unnecessarily
or disproportionally burden any small entities. FAA Order 2100.14A sets
the size threshold for small entities operating aircraft for hire at
nine aircraft owned and the annualized cost threshold at $69,000 for
scheduled operators and $5,000 for unscheduled operators. In order for
these cost thresholds to be met (based on the inspection taking 1
workhour at $60 per hour), an owner in scheduled service would have to
own 1,150 airplanes and an owner in unscheduled service would have to
own 83 airplanes. With this information in mind and based on the above-
referenced criteria from FAA Order 2100.14A, no small entities would
meet the annualized cost threshold. The FAA has determined that the
safety aspect of the proposal outweighs the economic cost upon the
public. The FAA does concur that the cost figure does not reflect the
cost of repetitive inspections. As specified in the proposal, the FAA
has no available means of determining the number of repetitive
inspections each owner/operator would incur. The proposal is unchanged
as a result of this comment.
In addition, Brackett and the other commenter suggest that the
proposal is unnecessary because part 43, appendix D, of the Federal
Aviation Regulations (14 CFR part 43, appendix D) already addresses the
proposed inspection. Brackett states that 14 CFR part 43, appendix D,
specifies inspecting the engine accessories and systems for improper
installation, poor general condition, defects, and insecure attachments
during each 100-hour or annual inspection. The other commenter states
that this proposal specifies a maintenance action as required by 14 CFR
part 43, appendix D.
The FAA acknowledges that 14 CFR part 43, appendix D, does address
the area of the proposed inspection, but does not specify procedures
required to properly inspect Brackett air filter neoprene gaskets
installed in accordance with STC SA71GL. Prior to March 16, 1994,
procedures for repetitively inspecting the air filter frame were not
available to owners/operators of airplanes with the affected air filter
assemblies installed. On that date, Brackett Aircraft Company, Inc.,
issued Brackett Air Filter Document I-194, which specifies inspection
procedures for these air filter assemblies. Since there is no way of
knowing what type of inspection procedures were utilized prior to the
issuance of this document and based on the accident information that
prompted the proposal, the FAA has determined that AD action should be
taken to ensure proper inspections of Brackett air filter assemblies
installed on aircraft. The proposal is unchanged as a result of these
comments.
After careful review of all available information, including the
comments referenced above, the FAA has determined that air safety and
the public interest require the adoption of the rule as proposed except
for minor editorial corrections. The FAA has determined that these
minor corrections will not change the meaning of the AD nor add any
additional burden upon the public than was already proposed.
The FAA estimates that 50,000 airplanes in the U.S. registry will
be affected by this AD, that it will take approximately 1 workhour per
airplane to accomplish the initial inspection, and that the average
labor rate is approximately $60 an hour. Based on these figures, the
total cost impact of the AD on U.S. operators is estimated to be
$3,000,000 or $60 per owner/operator. This figure represents the cost
of the initial inspection, and does not reflect costs for repetitive
inspections or possible replacements. The FAA has no way of determining
how many gaskets may need replacement or how many repetitive
inspections each owner/operator may incur.
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.
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) 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 final evaluation prepared for this
action is contained 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 8288]]
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. App. 1354(a), 1421 and 1423; 49 U.S.C.
106(g); and 14 CFR 11.89.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding a new AD to read as follows:
95-03-02 Brackett Aircraft Company, Inc.: Amendment 39-9139; Docket
No. 94-CE-08-AD.
Applicability: The following air filter assemblies that utilize
a neoprene gasket incorporated in accordance with Supplemental Type
Certificate (STC) SA71GL and installed on, but not limited to, the
following corresponding airplanes, certificated in any category:
------------------------------------------------------------------------
Air filter assembly Airplanes installed on
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BA-2010............................ Beech Model 77 Airplanes.
BA-4106............................ Cessna Models 120, 140, 140A, 150,
150A, 150B, 150C, 150D, 150E,
150F, 150G, 150H, 150J, 150K,
150L, 150M, A150M, 152, and A152;
Champion Models 7ACA, 7ECA, and
7FC; Christian Industries Model
Husky A-1; Luscombe Models 8, 8A,
8B, 8C, 8D, 8E, 8F, and T-8F; and
Piper Models PA-22, PA-22-135, PA-
22-150, PA-22-160, PA-22-180, PA-
20-115, PA-20-135, PA-38, J-3, J3C-
65, J3C-65's, PA-11, PA-11's, J4A,
J4AS, J4E, J5A, J5A-80, PA-12, PA-
12's, PA-16, PA-17, PA-18, PA-18A,
PA-18's, PA-18-``125'', PA-18AS-
``125'', PA-18's-``125'', PA-18-
``135'', PA-18A-``135'', PA-18AS-
``135'', and 8S-135 Airplanes.
BA-4210............................ Grumman American Aviation
Corporation Models AA-1, AA-1A, AA-
1B, AA-1C, and AA-5 Airplanes.
BA-5110............................ Cessna 170, 170A, 170B, 172, 172A,
172B, 172C, 172D, 172E, 172F,
172G, 172H, 172I, 172K, 172L, and
172M; and Mooney Mite Aircraft
Corporation Model M-18C Airplanes.
BA-5110A........................... Cessna Models 172N and 172P
Airplanes.
BA-6110............................ Mooney Models M20, M20A, M20B,
M20C, M20D, and M20G; and Maule
Models M4, M4C, M4S, M4T, M-4-220,
M-4-220C, M-4-220S, M-4-220T, M-4-
180C, M-4-180S, M-4-180T, M-5-
220C, M-5-235C, M-5-180C, M-5-
210TC, M-6-180, M-6-235, and M-7-
235 Airplanes.
BA-8910............................ Aero Commander Models 100 and 100A
Airplanes.
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Compliance: Required within the next 100 hours time-in-service
(TIS) after the effective date of this AD, unless already
accomplished, and thereafter at intervals not to exceed 100 hours
TIS.
To prevent gasket particles from entering the carburetor because
of air filter gasket failure, which could result in partial or
complete loss of engine power, accomplish the following:
(a) Visually inspect the inside and outside of the air filter
frame for gasket looseness, movement, or deterioration in accordance
with Brackett Air Filter Document I-194, dated March 16, 1994. If
any gasket looseness, movement, or deterioration is found, prior to
further flight, accomplish the following:
(1) Remove the air filter frame by removing the screws, nuts,
and washers on the air filter frame (3 to 4 each) or the airlocks,
as applicable. Note that the screws securing the grill to the frame
need not be removed.
(2) Remove and replace the neoprene gasket in accordance with
Brackett Air Filter Document 1-194. Inspect the carburetor in
accordance with the applicable maintenance manual for gasket
material ingestion. Remove any material ingested.
(3) Reinstall the filter frame to the carburetor heat box with
the screws, nuts, and washers (3 to 4 each) or the airlocks, as
applicable, that were earlier removed. Torque each nut to where the
neoprene gasket is compressed to one-half its original thickness.
(b) 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.
(c) An alternative method of compliance or adjustment of the
compliance time that provides an equivalent level of safety may be
approved by the Manager, Los Angeles Aircraft Certification Office
(ACO), FAA, 3960 Paramount Boulevard, Lakewood, California 90712.
The request shall be forwarded through an appropriate FAA
Maintenance Inspector, who may add comments and then send it to the
Manager, Los Angeles ACO.
Note: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Los Angeles ACO.
(d) The inspections required by this AD shall be done in
accordance with Brackett Air Filter Document I-194, dated March 16,
1994. This incorporation by reference was approved by the Director
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. Copies may be obtained from the Brackett Aircraft Company,
Inc., 7045 Flightline Drive, Kingman, Arizona 86401. Copies may be
inspected at the FAA, Central Region, Office of the Assistant Chief
Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri, or at
the Office of the Federal Register, 800 North Capitol Street, NW.,
suite 700, Washington, DC.
(e) This amendment (39-9139) becomes effective on March 17,
1995.
Issued in Kansas City, Missouri, on January 31, 1995.
Barry D. Clements,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 95-2786 Filed 2-13-95; 8:45 am]
BILLING CODE 4910-13-U
