[Federal Register Volume 63, Number 213 (Wednesday, November 4, 1998)]
[Rules and Regulations]
[Pages 59460-59463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29363]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-CE-138-AD; Amendment 39-10865; AD 98-23-02]
RIN 2120-AA64


Airworthiness Directives; Cessna Aircraft Company 180 and 185 
Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment supersedes Airworthiness Directive (AD) 80-10-
01, which applies to certain Cessna Aircraft Company (Cessna) 180 and 
185 series airplanes that have either Airglas Engineering Company, 
Inc., (AECI) Model LW3600-180 (single position) or Model LW3600-180A 
(two position) fixed penetration wheel skis installed in accordance 
with Supplemental Type Certificate (STC) SA213AL. AD 80-10-01 requires 
modifying the ski bungee assemblies, safety cables, and check cables, 
and their attachments to the airplane and the skis; limiting the 
maximum airspeed to 160 knots with skis installed; and installing an 
airspeed limitation placard. This AD is the result of field reports of 
incidents occurring on the affected airplanes that were in compliance 
with AD 80-10-01, and the fact that Cessna Model 180K airplanes were 
inadvertently left out of the existing AD. This AD retains the actions 
required by AD 80-10-01; requires re-marking the airspeed indicator to 
display the reduced airspeed limits and placing a certain airplane 
flight manual (AFM) supplement in the cockpit; and adds Cessna Model 
180K airplanes to the Applicability section of the AD. The actions 
specified by this AD are intended to prevent one or both wheel skis 
from rotating into a nose-down position during flight, which could 
result in loss of control of the airplane and/or possible airplane 
damage during flight or landing operations.

DATES: Effective December 22, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of December 22, 1998.

ADDRESSES: Service information that applies to this AD may be obtained 
from Airglas Engineering Company, Inc., P.O. Box 190107, Anchorage, 
Alaska 99519-0107; telephone: (907) 344-1450; facsimile: (907) 349-
4938. This information may also be examined at

[[Page 59461]]

the Federal Aviation Administration (FAA), Central Region, Office of 
the Regional Counsel, Attention: Rules Docket No. 97-CE-138-AD, 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: Mr. Gordon K. Mandell, Aerospace 
Engineer, FAA, Anchorage Aircraft Certification Office, 222 West 7th 
Avenue, #14, Room 128, Anchorage, Alaska 99513-7587; telephone: (907) 
271-2670; facsimile: (907) 271-6365.

SUPPLEMENTARY INFORMATION:

Events Leading to the Issuance of This AD

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to include an AD that applies to certain Cessna 180 and 
185 series airplanes that have either Airglas Engineering Company, 
Inc., (AECI) Model LW3600-180 (single position) or Model LW3600-180A 
(two position) fixed penetration wheel skis installed in accordance 
with STC SA213AL was published in the Federal Register as a notice of 
proposed rulemaking (NPRM) on June 26, 1998 (63 FR 34833). The NPRM 
proposed to supersede AD 80-10-01, Amendment 39-3762, which currently 
requires modifying the ski bungee assemblies, safety cables, and check 
cables, and their attachments to the airplane and the skis; limiting 
the maximum airspeed to 160 knots with skis installed; and installing 
an airspeed limitation placard. The NPRM proposed to require the 
following:
    --Modifying the ski bungee assemblies, safety cables, and check 
cables, and their attachments to the airplane and the skis;
    --Installing a placard adjacent to the airspeed indicator limiting 
the never exceed speed to 160 knots with the skis installed;
    --Re-marking the airspeed indicator to display the reduced never 
exceed speed (160 KIAS) and the reduced maximum structural cruising 
speed (139 KIAS) with the skis installed; and
    --Placing AECI Document No. AE97-13FM, ``Supplemental Airplane 
Flight Manual and Airplane Flight Manual Supplement'', dated October 
10, 1997, in the airplane cockpit.
    Accomplishment of the proposed actions as specified in the NPRM 
would be required in accordance with AECI Service Bulletin (SB) No. 
LW3600-3, originally issued: September 21, 1979; Amended: October 10, 
1997; AECI Drawing No. LW3600-180A-1 and -2, Revision ``B'', dated 
September 21, 1979; AECI Drawing No. LW3600-180A-3, Revision ``A'', 
dated April 30, 1979; AECI Drawing No. LW3600-180, Revision ``F'', 
dated September 21, 1979 (for single position wheel ski installations) 
or AECI Drawing No. LW3600-180A, Revision ``E'', dated September 21, 
1979 (for two position wheel ski installations); AECI Drawing No. 
LW3600-180A-11, originally issued: September 21, 1979; and AECI 
Document AE97-13FM, ``Supplemental Airplane Flight Manual and Airplane 
Flight Manual Supplement'', dated October 10, 1997.
    The NPRM was the result of field reports of incidents occurring on 
the affected airplanes that were in compliance with AD 80-10-01, and 
the fact that Cessna Model 180K airplanes were inadvertently left out 
of the existing AD.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the following comments received.

Comment Disposition

    The one commenter states that requiring re-marking of the airspeed 
indicator to display the reduced airspeed limits will not fix the 
problem because airplane operators that ignore placard requirements 
will also ignore the airspeed indicator requirements. This commenter 
operates one of the affected airplanes with skis for 6 months out of 
each year.
    The commenter states that, if the proposed AD is adopted, he will 
have to accomplish pitot and static pressure checks required by current 
regulation every 6 months when he changes the airspeed indicator during 
ski installation and removal.
    The commenter also states that skis are similar to other devices, 
such as landing gear, flaps, ramps, and doors that are affixed to or 
incorporated into aircraft. The commenter states that the maximum speed 
at which the other devices can be extended or opened in flight are 
specified only by placards and not by markings on the airspeed 
indicator.
    The commenter goes on to state that, based on the above 
information, the costs of installing and removing the skis will become 
extremely high, and the commenter asks the FAA to remove the 
requirement of re-marking the airspeed indicator to display the reduced 
airspeed limits.
    The FAA does not concur that the requirement in the proposed AD of 
re-marking the airspeed indicator is not justified.
    The FAA's intent of requiring that the airspeed indicator be re-
marked is not to provide another airspeed limit indication for certain 
pilots to ignore, but to provide consistent indications of airspeed 
limits, i.e., to eliminate the confusion generated by having the 
information in an airspeed limitation placard contradicting the 
airspeed indicator.
    The proposed AD requires re-marking the airspeed indicator, but 
does not specifically require removing the existing airspeed indicator 
and replacing it with one marked differently. If the existing airspeed 
indicator is left in place and re-marked, no pitot and static pressure 
checks would be required. Each airplane owner/operator has the choice 
of changing the markings of the airspeed indicator either by replacing 
the airspeed indicator or by re-marking the existing airspeed indicator 
without removing it.
    The FAA understands that an owner/operator who decides to replace 
the airspeed indicator will have to accomplish pitot and static 
pressure checks each time the airspeed indicator is replaced and that 
there are costs involved with this. However, the FAA has determined 
that the safety benefits of eliminating the confusion caused when the 
airspeed indicator contradicts current placards far outweigh this 
burden.
    In addition, the FAA does not consider skis similar to other 
devices, such as landing gear, flaps, ramps, and doors that are affixed 
to or incorporated into aircraft. The compared items are all ones that 
can be extended or opened and retracted or closed during flight. On the 
other hand, the installation of skis on aircraft changes the aircraft's 
configuration until the skis are removed. Fixed penetration wheel skis 
cannot be extended or opened and then retracted or closed.
    The commenter's assertion that the maximum speed at which wing 
flaps can be extended in flight is not specified by airspeed indicator 
markings is incorrect. The range of airspeeds over which the flaps of a 
small airplane can be extended in flight is specified by a white arc on 
the airspeed indicator. The upper end of the white arc is the maximum 
speed at which the flaps can be extended.
    No changes have been made to the final rule as a result of these 
comments.

The FAA's Determination

    After careful review of all available information related to the 
subject presented above, the FAA has determined that air safety and the 
public interest require the adoption of

[[Page 59462]]

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 and will not impose any additional burden upon the public 
than was already proposed.

Cost Impact

    The FAA estimates that 170 airplanes in the U.S. registry will be 
affected by this AD, that it will take approximately 4 workhours per 
airplane to accomplish this action, and that the average labor rate is 
approximately $60 an hour. Parts cost approximately $350 per airplane. 
Based on these figures, the total cost impact of this AD on U.S. 
operators is estimated to be $100,300, or $590 per airplane.
    AECI has informed the FAA that approximately 12 of the affected 
airplanes have the modification required by this AD already 
incorporated. Based on this, the cost impact of the proposed AD is 
reduced by $7,080, from $100,300 to $93,220.
    None of the above figures take into account the costs involved if 
operators would have to re-accomplish the work, i.e., ski removal and 
re-installation.
    AD 80-10-01 currently requires most of the same actions on the 
affected airplanes that are required by this AD. The only differences 
between this AD and AD 80-10-01 are the addition of Cessna Model 180K 
airplanes to the applicability and the requirements for re-marking the 
airspeed indicator and placing an AFM supplement in the cockpit. 
Fabricating and installing the placard, placing the AFM supplement in 
the cockpit, and re-marking the airspeed indicator (provided the 
indicator is re-marked by painting the outside of the glass) can be 
accomplished by:
    --For airplanes operated in accordance with part 91 of the Federal 
Aviation Regulations (14 CFR part 91): An owner/operator who holds at 
least a private pilot's certificate; and
    --For airplanes operated in accordance with part 135 of the Federal 
Aviation Regulations (14 CFR part 135): An operator who holds an 
operating certificate issued under part 135 of the Federal Aviation 
Regulations (14 CFR part 135), as authorized by sections 43.3, 43.7, 
and 43.9 of the Federal Aviation Regulations (14 CFR 43.3, 43.7, and 
43.9).
    The only cost impact upon the public for airplanes other than the 
affected Cessna Model 180K airplanes is the time it will take the 
affected airplane owners/operators to incorporate these actions. 
Therefore, this AD has no additional cost impact over that already 
required by AD 80-10-01, except for the costs associated with the 
affected Cessna Model 180K airplanes.

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.
    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.

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 removing Airworthiness Directive 
(AD)
80-10-01, Amendment 39-3762, and by adding a new AD to read as 
follows:

98-23-02 Cessna Aircraft Company: Amendment 39-10865; Docket No. 97-
CE-138-AD; Supersedes AD 80-10-01, Amendment 39-3762.

    Applicability: The following airplane models, all serial 
numbers; certificated in any category, that have either Airglas 
Engineering Company, Inc., (AECI) Model LW3600-180 (single position) 
or Model LW3600-180A (two position) fixed penetration wheel skis 
installed in accordance with Supplemental Type Certificate (STC) 
SA213AL:

Models

180            180D           180H           185A           185E
180A           180E           180J           185B           A185E
180B           180F           180K           185C           A185F
180C           180G           185            185D           ............

    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 within the next 50 hours time-in-service 
(TIS) after the effective date of this AD, unless already 
accomplished.
    To prevent one or both wheel skis from rotating into a nose-down 
position during flight, which could result in loss of control of the 
airplane and/or possible airplane damage during flight or landing 
operations, accomplish the following:
    (a) Modify the wheel ski bungee assemblies, safety cables, and 
check cables, and their attachments to the airplane and the skis, in 
accordance with Airglas Engineering Company, Inc. (AECI) Drawing No. 
LW3600-180A-1 and -2, Revision ``B'', dated September 21, 1979; AECI 
Drawing No. LW3600-180A-3, Revision ``A'', dated April 30, 1979; and 
AECI Drawing No. LW3600-180, Revision ``F'', dated September 21, 
1979 (for single position wheel ski installations) or AECI Drawing 
No. LW3600-180A, Revision ``E'', dated September 21, 1979 (for two 
position wheel ski installations).

    Note 2: AECI Service Bulletin (SB) No. LW3600-3, originally 
issued: September 21, 1979; Amended: October 10, 1997, specifies 
following the procedures provided in the drawings referenced in 
paragraph (a) of this AD.
    (b) Fabricate a placard using letters at least \1/8\ inch in 
height and install this placard adjacent to the airspeed indicator, 
in accordance with AECI Drawing No. LW3600-180A-11, originally 
issued: September 21, 1979, and AECI SB No. LW3600-3, originally 
issued: September 21, 1979; Amended: October 10, 1997.
    (c) Re-mark the airspeed indicator to display the never exceed 
airspeed (160 knots indicated airspeed (KIAS)) and the maximum 
structural cruising speed (139 KIAS) with skis installed, in 
accordance with AECI SB No. LW3600-3, originally issued: September 
21, 1979; Amended: October 10, 1997.
    (d) Place AECI Document AE97-13FM, ``Supplemental Airplane 
Flight Manual and Airplane Flight Manual Supplement'', dated October 
10, 1997, in the airplane cockpit, in accordance with AECI SB No. 
LW3600-3, originally issued: September 21, 1979; Amended: October 
10, 1997.
    (e) The placard, airspeed indicator re-marking (provided the 
indicator is re-marked

[[Page 59463]]

by painting the outside of the glass), and AFM supplement placement 
requirements of paragraphs (b), (c), and (d) of this AD, 
respectively, can be accomplished by:
    (1) For airplanes operated in accordance with part 91 of the 
Federal Aviation Regulations (14 CFR part 91): An owner/operator who 
holds at least a private pilot's certificate; and
    (2) For airplanes operated in accordance with part 135 of the 
Federal Aviation Regulations (14 CFR part 135): An operator who 
holds an operating certificate issued under part 135 of the Federal 
Aviation Regulations (14 CFR part 135), as authorized by sections 
43.3, 43.7, and 43.9 of the Federal Aviation Regulations (14 CFR 
43.3, 43.7, and 43.9).
    (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 
compliance time that provides an equivalent level of safety may be 
approved by the Manager, Anchorage Aircraft Certification Office 
(ACO), 222 West 7th Avenue, #14, Room 128, Anchorage, Alaska 99513-
7587.
    (1) The request shall be forwarded through an appropriate FAA 
Maintenance Inspector, who may add comments and then send it to the 
Manager, Anchorage ACO.
    (2) Alternative methods of compliance approved for AD 80-10-01 
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 Anchorage ACO.

    (h) The modifications, placard installation, airspeed indicator 
re-marking, and AFM supplement placement required by this AD shall 
be done in accordance with AECI SB No. LW3600-3, originally issued: 
September 21, 1979; Amended: October 10, 1997; AECI Drawing No. 
LW3600-180A-1 and -2, Revision ``B'', dated September 21, 1979; AECI 
Drawing No. LW3600-180A-3, Revision ``A'', dated April 30, 1979; 
AECI Drawing No. LW3600-180, Revision ``F'', dated September 21, 
1979 (for single position wheel ski installations) or AECI Drawing 
No. LW3600-180A, Revision ``E'', dated September 21, 1979 (for two 
position wheel ski installations); AECI Drawing No. LW3600-180A-11, 
originally issued: September 21, 1979; and AECI Document AE97-13FM, 
``Supplemental Airplane Flight Manual and Airplane Flight Manual 
Supplement'', dated October 10, 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 Airglas Engineering Company, Inc., P.O. Box 190107, 
Anchorage, Alaska 99519-0107. Copies may be inspected at the FAA, 
Central Region, Office of the Regional 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.
    (i) This amendment supersedes AD 80-10-01, Amendment 39-3762.
    (j) This amendment becomes effective on December 22, 1998.

    Issued in Kansas City, Missouri, on October 27, 1998.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-29363 Filed 11-3-98; 8:45 am]
BILLING CODE 4910-13-P