Discussion
We issued a supplemental notice of proposed rulemaking (SNPRM) to amend 14 CFR part 39 to supersede AD 81-09-09, Amendment 39- 4102 (46 FR 24936, May 4, 1981) (``AD 81-09-09''). The SNPRM published in the Federal Register on November 3, 2016 (81 FR 76532). We preceded the SNPRM with a notice of proposed rulemaking (NPRM) that published in the Federal Register on August 20, 2014 (79 FR 49249). The NPRM proposed to retain most actions from AD 81-09-09, add a calendar time to the repetitive inspections, add more detailed actions to the inspections, and add a pressure decay test (PDT). The NPRM was prompted by an airplane accident and reports we received of the heater malfunctioning. The SNPRM proposed to retain the actions proposed in the NPRM, add combustion heater models series to the applicability, and modify the compliance times. We also completed and included in the SNPRM an initial regulatory flexibility analysis. We are issuing thisAD to correct the unsafe condition on these products.
Comments
We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the SNPRM and the FAA's response to each comment.
Request
The European Aviation Safety Agency (EASA) requested we change the wording in paragraph (k) of this AD, Removal or Disable of the Combustion Heater. If an operator installs or re-enables an applicable combustion heater, the SNPRM requires the operator to do either the inspections required by the AD, disable the heater, or remove the heater. However, the actions of remove or disable would not apply to an operator installing or re-enabling a heater. EASA requested we only require the inspections for a heater that has been re-enabled and only require the inspections or disable options for a heater that has been installed.
We partially agree with this comment. We agree that the wording of the SNPRM may be confusing--re-enable the heater and then disable or remove it. However, we do not agree with completely omitting the disable or removal options. If an operator installs or re-enables an applicable heater, that heater must be inspected as required by the AD, and, if it fails the inspections, the heater must be disabled or removed.
We changed the language in paragraph (k) of this AD, Removal or
[[Page 15989]]
Disable of the Combustion Heater, to clarify our intent.
Supportive Comment
Tony Dillberg concurred with the SNPRM as drafted.
Conclusion
We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting this AD with the changes described previously, replacing the initial regulatory flexibly analysis (IRFA) with a final regulatory flexibility analysis (FRFA), and minor editorial changes. We have determined that the change from an IRFA to a FRFA and the minor changes:
Are consistent with the intent that was proposed in the SNPRM for correcting the unsafe condition; and
Do not add any additional burden upon the public than was already proposed in the SNPRM.
We also determined that these changes will not increase the economic burden on any operator or increase the scope of this AD.
Related Service Information Under 1 CFR Part 51
We reviewed the following service information that applies to this AD:
--Stewart-Warner South Wind Corporation South Wind Service Manual for Stewart Warner South Wind Aircraft Heaters 8240-A, 8240-C, 8259-A, 8259-C, 8259-DL, 8259-FL1, 8259-GL1, 8259-GL2, Form No. 09-998, revised: December 1969; --South Wind Division Stewart-Warner Corporation Service Manual Beech Aircraft Corporation PM-20688, Part No. 404-001039 Heater Assy. (SW 8253-B), Part No. 404-001056 Blower Assy. (SW G-716307), Part No. G- 714127 Thermostat (SW G-714127), revised: April 1965; and --South Wind Division Stewart-Warner Corporation Service Manual South Wind AircraftHeater 8472 Series, Form No. 09-1015, issued: April 1975.
For the applicable models as specified, the service information above describes procedures for inspection of the combustion heater and inspection of the installation of the combustion heater for the applicable heater models.
We also reviewed Meggitt Inspection Procedure, Pressure Decay Test, Aircraft Heaters, dated May 17, 2014. This service information describes procedures for the PDT for airplane combustion heaters for certain heater models specified in the document.
This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.
Other Related Service Information
We reviewed the following service information that applies to this AD.
--South Wind Service Manual P.M. 35710 Aircraft Heaters 8240-E, 8259- HL1, HL2, -L, supplements attached HR2.JR2.M; --Stewart-Warner CorporationSouth Wind Division Service Manual South Wind Aircraft Heaters Series 921 and 930, Ind-506, Revision 4-53; --Stewart-Warner Corporation South Wind Division Service Manual SouthWind Series 940 Heater, PM-10035, Revision 3-82; --Stewart-Warner Corporation South Wind Division Service Manual South Wind Model 978 Personal Heater, Form No. PM6348 (12-56); --South Wind Service Manual Model 979-B1 Aircraft Heater, South Wind Division of Stewart-Warner Corporation, (3-51); and --Navion Model 977-B Installation Manual Section I, Section II, Section III, and Section IV.
For the applicable models specified in the documents, the service information above describes procedures for the inspections required by this AD and may be used for procedural guidance when applying for an alternative method of compliance.
Costs of Compliance
We estimate that this AD affects 6,300 combustion heaters installed on, but not limited to, certain Beech, Britten-Norman, Cessna Aircraft Company, and Piper Aircraft, Inc. airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
Estimated Costs --------------------------------------------------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators -------------------------------------------------------------------------------------------------------------------------------------------------------- Inspections and PDT of the combustion 7 work-hours x $85 per hour = $595................... Not Applicable............ $595 $3,748,500
heater. --------------------------------------------------------------------------------------------------------------------------------------------------------
We estimate the following costs to do any necessary combustion heater disable/removal/related component replacement that would be required based on the results of the inspections/PDT. We have no way of determining the number of airplanes that might need a combustion heater disable/removal/related component replacement:
On-Condition Costs ----------------------------------------------------------------------------------------------------------------
Cost per
Action Labor cost Parts cost product ---------------------------------------------------------------------------------------------------------------- Replace combustion heater 8 work-hours X $85 per hour = $680........... $3,900............ $4,580
tube. Replace temperature switches. 1 work-hour x $85 per hour = $85............. 320............... 405 Repair pump.................. 2 work-hours x $85 per hour = $170........... 470............... 640 Disable heater............... 2 work-hours x $85 per hour = $170........... Not Applicable.... 170 Remove heater................ 3 work-hours x $85 per hour = $255........... Not Applicable.... 255 ----------------------------------------------------------------------------------------------------------------
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, ``General requirements.'' Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures
[[Page 15990]]
the Administrator finds necessary for safety in aircommerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.
Final Regulatory Flexibility Analysis
This section presents the final regulatory flexibility analysis (FRFA) that was done for this action. We have reworded and reformatted for Federal Register publication purposes. The FRFA in its original form can be found on the Internet at http://www.regulations.gov by searching for Docket No. FAA-2014-0603.
Introduction and Purpose of This Analysis
The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA) establishes ``as a principle of regulatory issuance that agencies shall endeavor, consistent with the objectives of the rule and of applicable statutes, to fit regulatory and informational requirements to the scale of the businesses, organizations, and governmental jurisdictions subject to regulation.'' To achieve this principle, theRFA requires agencies to solicit and consider flexible regulatory proposals and to explain the rationale for their actions to assure that such proposals are seriously considered.'' The RFA covers a wide-range of small entities, including small businesses, not-for-profit organizations, and small governmental jurisdictions.
Agencies must perform a review to determine whether a rule will have a significant economic impact on a substantial number of small entities. If the agency determines that it will, the agency must prepare a FRFA as described in the RFA. The FAA finds that this AD will have a significant economic impact on a substantial number of small entities. Accordingly, in the following sections we discuss the compliance requirements of the AD, the cost of compliance, and the economic impact on small entities.
Section 604 of the Act requires agencies to prepare a FRFA describing the impact of final rules on small entities. Section 604(a) of the Act specifies the content of aFRFA.
Each FRFA must contain:
--A statement of the need for, and objectives of, the rule; --A statement of the significant issues raised by the public comments in response to the initial regulatory flexibility analysis, a statement of the assessment of the agency of such issues, and a statement of any changes made in the rule as a result of such comments; --The response of the agency to any comments filed by the Chief Counsel for Advocacy of the Small Business Administration in response to the proposed rule, and a detailed statement of any change made in the final rule as a result of the comments; --A description of and an estimate of the number of small entities to which the rule will apply or an explanation of why no such estimate is available; --A description of the projected reporting, recordkeeping and other compliance requirements of the rule, including an estimate of the classes of small entities which will be subject to the requirement and the type of professional skills necessary for preparation of the report or record; and --A description of the steps the agency has taken to minimize the significant economic impact on small entities consistent with the stated objectives of applicable statutes, including a statement of the factual, policy, and legal reasons for selecting the alternative adopted in the final rule and why each one of the other significant alternatives to the rule considered by the agency which affect the impact on small entities was rejected.
The head of the FAA certifies that this rulemaking will result in a significant economic impact on a substantial number of small entities.
1. Objectives of, and Legal Basis for, the Final Rule
Title 49 of the U.S. Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the FAA's authority.
We are issuing this rulemaking under the authority described in subtitle VII, part A, subpart III, section 44701, ``General requirements.'' Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on the airplanes identified in this AD.
2. A Statement of the Significant Issues Raised by the Public, a Statement of the Assessment of the Agency of Such Issues, and a Statement of Any Changes Made
There were no comments submitted on the economic analysis from the SNPRM (81 FR 76532, November 3, 2016), nor were there any comments submitted that specifically addressed small business entities.
3. The Response of the Agency to Any Comments Filed by the Chief Counsel for Advocacy of the Small Business Administration in Response to the Proposed Rule, and a Detailed Statement of Any Change Made in the Final Rule as a Result of the Comments
The Chief Counsel for Advocacy of the Small Business Administration did not comment on the proposed rulemaking.
4. A Description of and an Estimate of the Number of Small Entities to Which the Rule Will Apply or an Explanation of Why No Such Estimate Is Available
The rulemaking will supersede AD 81-09-09, which applies to 8000 series Meggitt combustion heaters installed on certain twin-engine piston airplanes, primarily Cessna 300 and 400 series airplanes, but also installed on the Beech D18S twin-engine airplane and some Britten Norman twin-engine piston airplanes. The AD will extend applicability to 900 series Meggitt combustion heaters installed on certain Cessna single-engine piston airplanes, Cessna 310 twin-engine airplanes, Lake LA-4 and LA-250 airplanes, certain Ryan Navion single-engine piston airplanes and certain Piper PA-23 and PA-30 airplanes. The FAA airplane registry indicates that there are 4,121 airplanes of the models equipped with 8000 series Meggitt combustion heaters, and 2,123 airplanes of the models equipped with 900 series Meggitt combustion heaters. The FAA expects many of these airplanes will be owned by small entities in many different industries. These entities constitute a substantial number of small entities.
Since many of these airplanes are registered to Limited Liability Companies (LLCs), Limited Liability Partnerships (LLPs) and other company forms typically suited for single proprietors, small partnerships, etc., we conclude that the cost of this AD will affect a substantial number of small entities.
[[Page 15991]]
5. Reporting, Record Keeping, and Other Compliance Requirements and Costs of the AD
Small entities will incur no new reporting and record-keeping requirements as a result of this rule. The compliance requirements for this AD will carry over the followingrequirements from AD 81-09-09:
--Heater inspection every 250 hours of heater operation, in accordance with the manufacturer's service manual. --General inspection of the heater installation at the same time as the 250-hour inspection.
This AD will add the following new provisions, which will apply to both 900 and 8000 series heaters installed on certain airplanes: --During each 250-hour inspection, more detailed actions will be required, namely inspection of the thermostat and upper limit switches and inspection of the solenoid valve and fuel pump. --At the same time as the 250-hour and installation inspection, a combustion heater pressure decay test (PDT) will be required. If the combustion heater fails the PDT, the operator will be required to replace the combustion tube. --Operators have the options of disabling the heater.
In the regulatory flexibility analysis for the SNPRM, the FAA estimated the total present value cost of compliance to be $6,020 for airplanes equipped with 8000 series Meggitt combustion heaters and $7,514 for airplanes equipped with 900 series Meggitt combustion heaters. The lower cost for airplanes with 8000 series combustion heaters reflects that 8000 series heaters are currently subject to the 250-hour inspection and installation inspection requirements, and, therefore, the incremental cost will be correspondingly less for airplanes with 8000 series combustion heaters compared to airplanes with 900 series heaters.
The airplanes equipped with the affected heaters are single- and twin-engine piston airplanes that, for the most part, were manufactured from the 1940s to the 1980s, and range in price from about $270,000 for a Cessna 421C Golden Eagle down to a price as low as $30,000 for a Piper 23-150 Apache. With a present value cost of about $6,000 for airplanes equipped with 8000 series Meggitt combustion heaters and a present value cost of about $7,500 for airplanes equipped with 900 series Meggitt combustion heaters, theFAA considers the cost impact to be significant for nearly all such airplanes.
6. A Description of the Steps the Agency Has Taken To Minimize the Significant Economic Impact on Small Entities Consistent With the Stated Objectives of Applicable Statutes, Including a Statement of the Factual, Policy, and Legal Reasons for Selecting the Alternative Adopted in the Final Rule and Why Each One of the Other Significant Alternatives to the Rule Considered by the Agency Which Affect the Impact on Small Entities Was Rejected
The FAA considered allowing more flight hours or calendar time before requiring compliance, but this alternative would increase the risk of another fatal accident. This AD allows the combustion heater to be disconnected or removed, but, operating without a heater is unlikely to be viable. Because of an unsafe condition that is likely to exist or develop on the airplanes identified in this AD, there is no feasible significant alternative to requiring the actions ofthis AD.
Accordingly, since airplanes equipped with Meggitt combustion heaters have values low enough to consider that airplane operators will incur a significant expense inspecting and testing the heaters, and since many of these airplanes are registered LLCs, LLPs and other company forms typically suited for single proprietors and small partnerships, the FAA therefore concludes that this AD will have a significant economic impact on a substantial number of small entities.
Regulatory Findings
We have determined that this AD will not have federalism implications under Executive Order 13132. This AD 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.
For the reasons discussed above, I certify that this AD:
(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),
(3) Will not affect intrastate aviation in Alaska, and
(4) Will have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.