[Federal Register Volume 60, Number 242 (Monday, December 18, 1995)]
[Proposed Rules]
[Pages 65038-65041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30675]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 95-CE-61-AD]


Airworthiness Directives; Brackett Aircraft Company, Inc. Air 
Filter Assemblies Installed on Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes to supersede AD 95-03-02, which 
currently requires repetitively inspecting (visually) the air filter 
frame for a loose or deteriorating gasket on airplanes incorporating 
certain Brackett air filter assemblies. The proposed action retains the 
repetitive inspection and possible replacement requirements as 
contained in AD 95-03-02, and would incorporate additional Brackett air 
filter assemblies to the applicability of that AD. Additionally, it 
would provide a terminating action for the repetitive inspection. The 
Federal Aviation Administration's determination that these additional 
Brackett air filter assemblies should be inspected and replaced 
prompted this AD action. The actions specified by the proposed AD are 
intended to prevent gasket particles from entering the carburetor 
because of air filter gasket failure, which, if not detected and 
corrected, could result in partial or complete loss of engine power and 
loss of control of the airplane.

DATES: Comments must be received on or before February 20, 1996.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Assistant Chief 
Counsel, Attention: Rules Docket No. 95-CE-61-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 Brackett Aircraft Company, Inc., 7045 Flightline Drive, Kingman, 
Arizona 86401. This information also may be examined at the Rules 
Docket at the address above.

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:

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. 95-CE-61-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Central Region, Office of the Assistant Chief Counsel, 
Attention: Rules Docket No. 95-CE-61-AD, Room 1558, 601 E. 12th Street, 
Kansas City, Missouri 64106.

Discussion

    AD 95-03-02 was published in the Federal Register on August 25, 
1994 (59 FR 43784) and applies to airplanes that have a certain 
Brackett air filter neoprene gasket installed in accordance with 
Supplemental Type Certificate (STC) SA71GL. The action requires 
repetitively inspecting (visually) the air filter frame for a loose or 
deteriorated gasket, and replacing any gasket found loose or 
deteriorated.
    The FAA's continuing investigation of these Brackett neoprene 
gasket air filter's failure and the continuing unsafe condition 
described in AD 95-03-02 suggests that a superseding action be 
proposed. The FAA has discovered that additional Brackett air filters 
with the same neoprene gasket design are installed as original 
equipment and in accordance with STC SA693CE on certain additional 
airplanes. These airplanes would also be subject to air filter assembly 
failure.
    After examining the circumstances and reviewing all available 
information related to the information described above, the FAA has 
determined that AD action should be taken 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.
    Since an unsafe condition has been identified that is likely to 
exist or develop in other Brackett air filter frame assemblies of the 
same type design, the proposed AD would supersede AD 95-03-02 with a 
new AD that would require incorporating additional Brackett air filter 
assemblies to the applicability paragraph of AD 95-03-02, 

[[Page 65039]]
retain the repetitive inspection at intervals not to exceed 100 hours 
time-in-service (TIS) with replacement of the air filter if damaged, 
and mandatory replacement of the air filter assembly at 500 hours TIS, 
terminating the repetitive inspection requirement contained in AD 95-
03-02.
    The FAA estimates that 50,000 airplanes in the U.S. registry would 
be affected by the proposed AD. To accomplish the proposed repetitive 
inspection and possible replacement of a damaged air filter would take 
approximately 1 hour per airplane, and that the average labor rate is 
approximately $60 an hour. To install a new gasket cost approximately 
$3 per airplane. Based on these figures, the total cost impact of the 
proposed repetitive inspection and replacement on U.S. operators is 
estimated to be $63 per airplane. The FAA knows that each owner/
operator would have to repetitively inspect four times before the 
mandatory replacement of the air filter assembly, and based on the 
assumption that no operator would incorporate the modification prior to 
the 500 hours TIS, the total cost of four repetitive inspections with 
possible replacement of the air filter gasket would be $252 per 
airplane plus the cost of the proposed terminating action. Based on 
these figures the total cost impact of the proposed AD on U.S. 
operators is estimated to be $12,600,000.
    In comparison, the cost to incorporate the modification is about 1 
workhour per airplane at approximately $60 per workhour. The air filter 
assembly replacement is estimated to be $40 per airplane. The total 
estimated cost for the proposed modification required at 500 hours TIS 
would be $100 per airplane and the total cost impact of the 
modification is estimated to be $5,000,000 thereby reducing the total 
cost of the proposed AD by $7,600,000 from $12,600,000 to $5,000,000. 
The FAA has no way to determine how many owners/operators have 
completed the repetitive inspections and replacements or the 
terminating action modification and must calculate the cost impact 
based on the entire U.S. fleet.
    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, on 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 contacting 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 USC 106(g), 40101, 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by removing Airworthiness Directive 
(AD) 95-03-02, Amendment 39-9139, and by adding a new AD to read as 
follows:

Brackett Aircraft Company: Docket No. 95-CE-61-AD; Supersedes AD 95-
03-02, Amendment 39-9139.

    Applicability: Air filter assemblies presented in the following 
chart that utilize a neoprene gasket installed on, but not limited 
to the following airplanes, certificated in any category:

    Note 1: These air filters could be installed as original 
equipment or in accordance with Supplemental Type Certificate (STC) 
SA71GL or STC SA693CE.

------------------------------------------------------------------------
  Air filter  assembly                Airplanes installed on            
------------------------------------------------------------------------
BA-2010................  Beechcraft 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;       
                          American Champion Models Bellanca (Champion)  
                          (Aeronca) 7ACA, 7ECA, and 7FC; Aviat, Inc.    
                          Models A-1; Luscombe Models 8, 8A, 8B, 8C, 8D,
                          8E, 8F, and T-8F; Piper Models PA-22, PA-22-  
                          135, PA-22-150, PA-22-160, PA-22-108, PA-20-  
                          115, PA-20-135, PA-38-112, J-3, J3C-65, J3C-  
                          65S, PA-11, PA-11S, J4A, J4A-S, J4E, J5A, J5A-
                          80, PA-12, PA-12S, PA-16, PA-17, PA-18, PA-   
                          18A, PA-18S, PA-18-``125'' (Army L-21A), PA-  
                          18AS-``125'', PA-18S-``125'', PA18AS-``135'', 
                          PA-18S-``135'', PA-18-``135'', PA-18-``150'', 
                          PA-18A-``150'' (SN 18-1 through 18-6963), PA- 
                          18S-``150'', PA-19, PA-18A (Restricted), PA-  
                          18A-``135'' (Restricted), and PA-18A-``150''  
                          (Restricted) (SN 18-1 through 18-18-6963);    
                          Taylorcraft Models BC65, BCS-65, BC12-65,     
                          BCS12-65, BC12-D, BCS12-D1, BC12D85, BCS12D85,
                          BC12D-4-85, BCS12D-4-85, 19, F19, F21, DC-65, 
                          DCO-65, F22, F22A, F22B, and F22C; Univair    
                          Models (Alon) A-2, A2-A, (Forney) F-1, F-1A,  
                          and (Mooney) M10; Swift Museum Models (Globe) 
                          GC-1A and GC-1B; Augustair Model Varga        
                          (Morrisey) 2150A; Aeronca Model 65-CA;        
                          American Champion 7ECA (with Cont. O-200-A    
                          engine) and 7ACA; Reims Aviation (Cessna)     
                          F150G, F150H, F150J, F150K, F150L, F150M,     
                          FA150K, FA150L, F152, AND FA152; Socata-Groupe
                          Aerospatiale Models Rallye Series MS880B,     
                          MS885, and 100S.                              
BA-4106-1..............  Aviat, Inc. Model (Christian) A-1.             
BA-4210................  Gulfstream Models AA-1, AA-1A, AA-1B, AA-1C,   
                          and AA-5.                                     
BA-5110................  Cessna Models 170, 170A, 170B, 172, 172A, 172B,
                          172C, 172D, 172E, 172F, 172G, 172H, 172I,     
                          172K, 172L, and 172M; Mooney Mite Model M-18C;
                          Reims Aviation Models (Cessna) F172D, F172E,  
                          F172F, F172G, F172H, F172K, F172L, and F172M; 
                          Socata-Groupe Aerospatiale Models TB9, TB10,  
                          Rallye Series MS892A-150, MS892E-150, MS892E- 
                          150T, and MS892E-150ST; Panstwowe Zakolady    
                          Kotnicze Model PZL-Koliber 150A; Augustair,   
                          Inc. Model Varga (Morrisey) 2180.             
BA-5110A...............  Cessna Models 172N and 172P; Reims Aviation    
                          Models (Cessna) F172N and F172P.              
BA-6110................  Maule Models M-4, M-4C, M-4S, M-4T, 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, M-7-235, MX-7-   
                          180, MXT-7-160, MXT-7-180, MX-7-160, MX-7-235,
                          and MX-8-235; Mooney Models M20, M20A, M20B,  
                          M20C, M20D, and M20G.                         
BA-8910................  Dynac Models (Aero Commander) 100 and 100A.    

[[Page 65040]]
                                                                        
AAF-117................  Cessna Models 120, 140, 140A, 150, 150A, 150B, 
                          150C, 150D, 150E, 150F, 150G, 150H, 150J,     
                          150K, 150L, 150M, A150M, 152, and A152;       
                          American Champion Models Bellanca (Champion)  
                          (Aeronca) 7ACA, 7ECA, and 7FC; Aviat, Inc.    
                          Models A-1; Luscombe Models 8, 8A, 8B, 8C, 8D,
                          8E, 8F, and T-8F; Piper Models PA-22, PA-22-  
                          135, PA-22-150, PA-22-160, PA-22-108, PA-20-  
                          115, PA-20-135, PA-38-112, J-3, J3C-65, J3C-  
                          65S, PA-11, PA-11S, J4A, J4A-S, J4E, J5A, J5A-
                          80, PA-12, PA-12S, PA-16, PA-17, PA-18, PA-   
                          18A, PA-185, PA-18-``125'' (Army L-21A), PA-  
                          18AS-``125'', PA-185-``125'', PA-18AS-``135'',
                          PA-18S-``135'', PA-18-``135'', PA-18-``150'', 
                          PA-18A-``150'' (SN 18-1 through 18-6963), PA- 
                          18S-``150'', PA-19, PA-18A (Restricted), PA-  
                          18A-``135'' (Restricted), and PA-18A-``150''  
                          (Restricted) (SN 18-1 through 18-18-6963);    
                          Taylorcraft Models BC65, BCS-65, BC12-65,     
                         BCS12-65, BC12-D, BCS12-D1, BC12D85, BCS12D85, 
                          BC12D-4-85, BCS12D-4-85, 19, F19, F21, DC-65, 
                          DCO-65, F22, F22A, F22B, and F22C; Univair    
                          Models (Alon) A-2, A2-A, (Forney) F-1, F-1A,  
                          and (Mooney) M10; Swift Museum Models (Globe) 
                          GC1A and GC-1B; Augustair Model Varga         
                          (Morrisey) 2150A; Aeronca Model 65-CA;        
                          American Champion 7ECA (with Cont. O-200-A    
                          engine) and 7ACA; Reims Aviation (Cessna)     
                          F150G, F150H, F150J, F150K, F150L, F150M,     
                          FA150K, FA150L, F152, AND FA152; Socata-Groupe
                          Aerospatiale Models Rallye Series MS880B,     
                          MS885, and 100S, F22B, and F22C; Univair      
                          Models (Alon) A-2, A2-A, (Forney) F-1, F-1A,  
                          and (Mooney) M10; Swift Museum Models (Globe) 
                          GC-1A and GC-1B; Augustair Model Varga        
                          (Morrisey) 2150A; Aeronca Model 65-CA;        
                          American Champion 7ECA (with Cont. O-200-A    
                          engine) and 7ACA; Reims Aviation (Cessna)     
                          F150G, F150H, F150J, F150K, F150L, F150M,     
                          FA150K, FA150L, F152, AND FA152; Socata-Groupe
                          Aerospatiale Models Rallye Series MS880B,     
                          MS885, and 100S.                              
AAF-118................  Cessna Models 170, 170A, 170B, 172, 172A, 172B,
                          172C, 172D, 172E, 172F, 172G, 172H, 172I,     
                          172K, 172L, and 172M; Mooney Mite Model M-18C;
                          Reims Aviation Models (Cessna) F172D, F172E,  
                          F172F, F172G, F172H, F172K, F172L, and F172M; 
                          Socata-Groupe Aerospatiale Models TB9, TB10,  
                          Rallye Series MS892A-150, MS892E-150, MS892E- 
                          150T, and MS892E-150ST; Panstwowe Zakolady    
                          Kotnicze Model PZL-Koliber 150A; Augustair,   
                          Inc. Model Varga (Morrisey) 2180.             
------------------------------------------------------------------------



    Note 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 (f) 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 within the next 100 hours time-in-service 
(TIS) after the effective date of this AD, or within the next 100 
hours (TIS) after the last inspection accomplished in accordance 
with AD 95-03-02, whichever occurs first, and thereafter as 
indicated in the body of this AD, unless already accomplished in 
accordance with paragraph (c) of this AD.
    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) Inspect (visually) the inside and outside of the air filter 
frame for gasket looseness, movement, or deterioration in accordance 
with Brackett Document I-194, dated March 16, 1994. Continue this 
repetitive inspection at intervals not to exceed 100 hours TIS, 
until accomplishment of the terminating action required in paragraph 
(c) of this AD.
    (b) If the gasket is found to be damaged, prior to further 
flight, replace the air filter assembly with one having a retaining 
lip in accordance with the Brackett INSTALLATION INSTRUCTION SHEET 
corresponding to the new air filter assembly part number that is 
applicable to the owner/operator's particular model of airplane:

------------------------------------------------------------------------
                                  Replace with                          
     Air filter assembly            assembly          Instruction sheet 
------------------------------------------------------------------------
BA-2010.....................  BA-2010 Revision A..  BA-2004, dated 6/6/ 
                                                     95.                
BA-4106.....................  BA-4106 Revision D..  BA-4105, dated 6/15/
                                                     95.                
BA-4106-1...................  BA-4106-1 Revision A  RM-1, dated 7/6/95. 
BA-4210.....................  BA-4210 Revision B..  BA-4205, dated 6/14/
                                                     95.                
BA-5110.....................  BA-5110 Revision H..  BA-5105, dated 5/8/ 
                                                     95.                
BA-5110A....................  BA-5110A Revision D.  BA-5111, dated 5/8/ 
                                                     95.                
BA-6110.....................  BA-6110 Revision C..  BA-6105, dated 6/5/ 
                                                     95.                
BA-8910.....................  BA-8910 Revision B..  BA-8910-3, dated 6/6/
                                                     95.                
AAF-117.....................  BA-4106 Revision D..  BA-4105, dated 6/15/
                                                     95.                
AAF-118.....................  BA-5110 Revision H..  BA-5105, dated 5/8/ 
                                                     95.                
------------------------------------------------------------------------

    (c) Within the next 500 hours TIS after the effective date of 
this AD, replace the air filter assembly as a terminating action to 
this AD in accordance with the Brackett INSTALLATION INSTRUCTION 
SHEET corresponding to the new air filter assembly part number that 
is applicable to the owner/operator's particular model of airplane 
as specified in paragraph (b) of this AD.
    (d) The replacement in paragraphs (b) and (c) are considered 
terminating action for the repetitive inspection required by this 
AD.
    (e) Special flight permits may be issued in accordance with 14 
CFR 21.197 and 21.199 to operate the airplane to a location where 
the requirements of this AD can be accomplished.
    (f) An alternative method of compliance or adjustment of the 
repetitive compliance times that provides an equivalent level of 
safety may be approved by the Manager, Los Angeles Aircraft 
Certification Office, 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 Aircraft Certification Office.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Los Angeles Aircraft Certification Office.

    (g) All persons affected by this directive may obtain copies of 
the documents referred to herein upon request to Brackett Aircraft 
Company, Inc., 7045 Flightline Drive, Kingman, Arizona 86401; or may 
examine these documents at the FAA, Central Region, Office of the 
Assistant Chief Counsel, Room 1558, 601 E. 12th Street, Kansas City, 
Missouri 64106.
    (h) This amendment supersedes AD 95-03-02, Amendment 39-9139.


[[Page 65041]]

    Issued in Kansas City, Missouri, on December 11, 1995.
Henry A. Armstrong,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 95-30675 Filed 12-15-95; 8:45 am]
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