Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the Federal Register on July 23, 2010 (75 FR 43101). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states:
A damaged fuel heater caused a fuel leakage in the engine nacelle; investigation revealed that the damage to the fuel heater was due to chafing with an oil cooling system hose.
Piaggio Aero Industries (PAI) issued Service Bulletin (SB) 80- 0175, which was applicable to all aeroplanes and contained instructions for a repetitive inspection of the affected parts and, if necessary, their replacement and/or for the repositioning of oil/ fuel tubing if minimum clearances were not found.
ENAC of Italy issued PA 2002-335 to require the accomplishment of these corrective actions.
Later on, PAI introduced a new Hose Assembly (P/N 80-337284- 001), which allows better clearances and removes the problem of potential interference. PAI issued SB 80-0175 Revision 1, limiting the applicability to aeroplanes with the old P/N installed only and giving instructions for the replacement with the new Hose Assembly P/N.
This new AD, which supersedes ENAC Italy PA 2002-335, is issued to grant the revised applicability and to include an optional terminating action, which consists in replacing the Hose Assembly P/ N 80-337276-001 with the new P/N 80-337284-001.
You may obtain further information by examining the MCAI in the AD docket.
Comments
We gave the public the opportunity to participate in developing this AD. We considered the comment received.
Request to Clarify Requirement to Replace Both Flexible Hoses to Terminate Repetitive Inspections
Carlo Cardu of PIAGGIO AERO INDUSTRIES S.p.A states that both the left-hand and right-hand hose assembly, part number (P/N) 80-337276- 001, must be replaced at thesame time with a new hose assembly, P/N 80-337284-001, in order to terminate the repetitive inspection requirement. This requirement is specified in PIAGGIO AERO INDUSTRIES S.p.A. Service Bulletin (Mandatory) N.: 80-0175, Rev. N. 1, dated May 14, 2010.
The commenter requests clarification of this requirement in the final rule AD action.
We agree with the commenter. Adding this clarification will ensure that both hose assemblies are replaced at the same time and will clarify the intent of the AD issued by the foreign airworthiness authority and the manufacturer's service bulletin.
We are changing the final rule AD action based on this comment.
Conclusion
We reviewed the available data, including the comment received, and determined that air safety and the public interest require adopting the AD with the changes described previously. We determined that these changes will not increase the economic burden on any operator or increase the scope of the AD.
Differences Between This AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information.
We might also have required different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are highlighted in a NOTE within the AD.
Costs of Compliance
We estimate that this AD will affect 99 products of U.S. registry. We also estimate that it will take about 5 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour.
Based on these figures, we estimate the cost of this AD on U.S. operators to be $42,075, or $425 per product.
In addition, we estimate that any necessary follow-on actions will take about 32 work-hours and require parts costing $3,700, for a cost of $6,420 per product. We have no way of determining the number of products that may need these actions.
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 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 products identified in this rulemaking action.
Regulatory Findings
We 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 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); 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.
We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD Docket.Examining the AD Docket
You may examine the AD docket on the Internet at http:// www.regulations.gov; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains the NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone (800) 647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the Administrator, the FAA amends 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. The FAA amends Sec. 39.13 by adding the following new AD: