AD Amdt-39-10070

[Federal Register Volume 62, Number 131 (Wednesday, July 9, 1997)]
[Rules and Regulations]
[Pages 36652-36655]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 97-17729]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-CE-35-AD; Amendment 39-10070; AD 97-12-06]
RIN 2120-AA64


Airworthiness Directives; Cessna Aircraft Company Model 172R 
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) 97-12-06, which was sent 
previously to known U.S. owners and operators of certain Cessna 
Aircraft Company (Cessna) Model 172R airplanes. This AD requires 
checking the clearance between both the gascolator and cowling area and 
the tailpipe and cowling area, and modifying these areas immediately if 
any evidence of rubbing at either location is found or modifying the 
gascolator to cowling area within a certain time period if no evidence 
of rubbing at either location is found. This AD results from an 
occurrence of fuel loss on a Cessna Model 172R airplane, which was 
severe enough to force an emergency landing. Investigation of the 
occurrence reveals that the cowling knocked the gascolator drain valve 
off the gascolator. The actions specified by this AD are intended to 
prevent the cowling from rubbing against the gascolator drain valve or 
the tailpipe, which could result in fuel loss and engine stoppage.

DATES: Effective July 15, 1997, to all persons except those to whom it 
was made immediately effective by priority letter AD 97-12-06, issued 
June 6, 1997, which contained the requirements of this amendment.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of July 15, 1997.
    Comments for inclusion in the Rules Docket must be received on or 
before September 12, 1997.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Assistant Chief 
Counsel, Attention: Rules Docket 97-CE-35-AD, Room 1558, 601 E. 12th 
Street, Kansas City, Missouri 64106.
    Service information that applies to this AD may be obtained from 
the Cessna Aircraft Company, Product Support, P.O. Box 7706, Wichita, 
Kansas 67277. This information may also be examined at the Rules Docket 
at the address above, or at the Office of the Federal Register, 800 
North Capitol Street, NW., 7th Floor, suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mr. Paul O. Pendleton, Aerospace 
Engineer, FAA, Wichita Aircraft Certification Office, 1801 Airport 
Road, Room 100, Wichita, Kansas 67209; telephone (316) 946-4143; 
facsimile (316) 946-4407.

SUPPLEMENTARY INFORMATION:

Discussion

    On June 6, 1997, the FAA issued priority letter AD 97-12-06, which 
applies to certain Cessna Model 172R airplanes. That AD resulted from 
an occurrence of fuel loss on one of these airplanes, which was severe 
enough to force an emergency landing. Investigation of the occurrence 
revealed that the cowling knocked the gascolator drain valve off the 
gascolator.
    Further examination of the design of the Model 172R airplanes shows 
that this condition exists when the tailpipe vibrates, during some 
starting conditions, into the cowling. The cowling then rubs against 
the gascolator drain valve, knocking the gascolator drain valve off the 
gascolator, and causing fuel to drain from the airplane at an extremely 
high flow rate. This results in engine stoppage with consequent forced 
landing or crash landing.

Discussion of the Applicable Service Information

    The FAA has reviewed and approved Cessna Service Bulletin SB97-28-
01, dated June 6, 1997. This service bulletin includes procedures for 
modifying the gascolator to cowling clearance and tailpipe to cowling 
clearance.

The FAA's Determination and Explanation of the AD

    Since an unsafe condition has been identified that is likely to 
exist or develop in other Cessna Model 172R airplanes of the same type 
design, the FAA issued priority letter AD 97-12-06 to prevent the 
cowling from rubbing against the gascolator drain valve or the 
tailpipe, which could result in fuel loss and engine stoppage. The AD 
requires checking the clearance between both the gascolator and cowling 
area and the tailpipe and cowling area, and modifying these areas 
immediately if any evidence of rubbing at either location is found or 
modifying the gascolator to cowling area within 10 hours time-in-
service (TIS) if no evidence of rubbing at either location is found. 
Accomplishment of the modifications is in accordance with Cessna 
Service Bulletin SB97-28-01 if rubbing is evident, or in accordance 
with Figure 1 of this AD if no rubbing is evident.

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 lettters 
issued on June 6, 1997, to known U.S. operators of certain Cessna 
Models 172R airplanes. 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

[[Page 36653]]

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. 97-CE-35-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, 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 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:

    97-12-06  Cessna Aircraft Company: Amendment 39-10070; Docket 
No. 97-CE-35-AD.

    Applicability: Model 172 airplanes, serial numbers 17280001 
through 17280081, certificated 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 (e) 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, except to those operators receiving this 
action by priority letter issued June 6, 1997, which made these 
actions effective immediately upon receipt.
    To prevent the cowling from rubbing against the gascolator drain 
valve or the tailpipe, which could result in fuel loss and engine 
stoppage, accomplish the following:
    (a) Prior to further flight after the effective date of this AD, 
check the clearance between both the gascolator and cowling area and 
the tailpipe and cowling area for evidence of rubbing.
    (1) If any evidence of rubbing is found, prior to further 
flight, modify both the gascolator and cowling area and tailpipe and 
cowling area in accordance with Cessna Service Bulletin SB97-28-01, 
dated June 6, 1997.
    (2) If no evidence of rubbing is found, repeat the check in 
paragraph (a) before each flight, and within the next 10 hours time-
in-service (TIS) after the effective date of this AD, modify the 
gascolator and cowling area in accordance with Figure 1 of this AD.

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    (b) Modifying both the gascolator and cowling area and tailpipe 
and cowling area in accordance with Cessna Service Bulletin SB97-28-
01, dated June 6, 1997, satisfies all the requirements of this AD, 
and may be accomplished in place of the check required by paragraph 
(a) of this AD.
    (c) The check 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 
43.11 of the Federal Aviation Regulations (14 CFR 43.11).
    (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 to 
accomplish the modification requirements of this AD provided no 
evidence of rubbing is found during the check required by paragraph 
(a) of this AD.
    (1) If evidence of rubbing is found in either the gascolator to 
cowling area or the tailpipe to cowling area during the check 
required by paragraph (a) of this AD, then no special flight permits 
will be granted.
    (2) Prior to any flight granted through a special flight permit, 
the check required by paragraph (a) of this AD must be accomplished 
again to assure that no evidence of rubbing exists in either the 
gascolator to cowling area or the tailpipe to cowling area. If 
evidence of rubbing is found in either the gascolator to cowling 
area or the tailpipe to cowling area, then the special flight permit 
is not valid.
    (e) An alternative method of compliance or adjustment of the 
compliance time 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. 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 the Wichita ACO.

    (f) The modifications required by this AD (if evidence of 
rubbing is found) shall be done in accordance with Cessna Service 
Bulletin SB97-28-01, dated June 6, 1997. 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 the Cessna Aircraft Company, Product Support, P.O. 
Box 7706, Wichita, Kansas 67277. 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.
    (g) This amendment (39-10070) becomes effective on July 15, 
1997, to all persons except those persons to whom it was made 
immediately effective by priority letter AD 97-12-06, issued June 6, 
1997, which contained the requirements of this amendment.

    Issued in Kansas City, Missouri, on June 30, 1997.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 97-17729 Filed 7-8-97; 8:45 am]
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