A proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an AD that applies to PWC engine models PW118, PW118A, PW118B, PW119B, PW119C, PW120, PW120A, PW121, PW121A, PW123, PW123B, PW123C, PW123D, PW123E, PW123AF, PW124B, PW125B, PW126A, PW127, PW127B, PW127E, PW127F, PW127G turboprop engines was published in the Federal Register on July 3, 2002 (67 FR 44578). That action proposed to require replacing certain Stewart Warner P/N fuel heaters, installed on PWC engines, with redesigned fuel heaters.
Comments
Interested persons have been afforded an opportunity to participate in the making of this amendment. Due consideration has been given to the comments received.
Request for Stewart Warner Cross-Referenced Vendor Part Number
Three commenters request that we call out the specific Stewart Warner fuel heater cross-referenced vendor P/N
series associated with each PWC "Interchangeable Control" (IC) P/N. The commenters feel that the intent of PWC service bulletin (SB) PW100- 72-21100, Revision 3, dated May 1, 2001, was to remove only those Stewart Warner fuel heaters P/N series 10718 from service and not all vendor P/Ns associated with the PWC IC P/N.
The FAA agrees. We agree that the use of the PWC IC P/N is confusing and does not achieve the intent of the SB to remove only the faulty Stewart Warner part. The details in the Proposed Requirements of this AD section are not repeated in the final rule; therefore no changes will be made to that section in the AD. However, Compliance paragraphs (a) and (b) in the AD are changed as a result of this comment.
Request for Reference to PWC Service Bulletin
One commenter requests that PWC SB PW100-72-21100, Revision 3, dated May 1, 2001, be included in the AD because it introduces P/N 3039798 fuel heaters. The commenter believes that the SB reference should be included as a means of compliance with the AD.
The FAA does not agree. Weagree that the reference to the SB would be helpful; however, we clarify the Steward Warner P/N series fuel heaters in the AD. We feel that the SB would unnecessarily limit the acceptable replacement parts to only those listed in the SB.
Request To Rewrite the "Applicable to" Statement
One commenter requests that we rewrite the "applicable to" statement in the SUMMARY preamble from "* * * applicable to Pratt & Whitney Canada (PWC) models" to "* * * applicable to Pratt & Whitney (PWC) engine models" for clarity.
The FAA agrees. The "applicable to" statement is changed in the AD in the SUMMARY, the SUPPLEMENTARY INFORMATION, and the Applicability sections.
Request To Rewrite the "Would Require" Statement
One commenter requests that we rewrite the "would require" statement in the SUMMARY preamble from "* * * certain part number (P/ N) fuel heaters with redesigned fuel heaters" to "* * * certain Stewart Warner part number (P/N) fuel heaters installed on PWC engines,with redesigned fuel heaters" for clarity.
The FAA agrees. The "would require" statement is changed in the SUMMARY, the SUPPLEMENTARY INFORMATION, and the Applicability sections in the AD.
Request To Rewrite the Discussion Section
One commenter requests that we rewrite the first sentence in the Discussion preamble from "* * * notified the FAA that an unsafe condition may exist on PWC models * * *" to "* * * notified the FAA that an unsafe condition may exist on PWC engine models * * *" for clarity.
The FAA agrees. However, the Discussion section details are not repeated in the final rule after an NPRM, and therefore, the AD remains unchanged as a result of this comment.
The same commenter requests that we add a new sentence at the end of the Discussion preamble for clarity. The sentence would read "Stewart Warner is the manufacturer of the fuel heaters involved in the reported field incidents and the only manufacturer of fuel heaters affected by this AD."The FAA agrees. However, the Discussion section details are not repeated in the final rule after an NPRM, and therefore, the AD remains unchanged as a result of this comment.
After careful review of the available data, including the comments noted above, the FAA has determined that air safety and the public interest require the adoption of the rule with the changes described previously. The FAA has determined that these changes will neither increase the economic burden on any operator nor increase the scope of the AD.
Regulatory Analysis
This final rule does not have federalism implications, as defined in Executive Order 13132, because it would 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. Accordingly, the FAA has not consulted with state authorities prior to publication of this final rule.
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 the 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 final evaluation has been prepared for this action and it 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, 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.
39.13 [Amended]
2. Section 39.13 is amended by adding a new airworthiness directive to read as follows: