81_FR_76745 81 FR 76532 - Airworthiness Directives; Meggitt (Troy), Inc. Combustion Heaters

81 FR 76532 - Airworthiness Directives; Meggitt (Troy), Inc. Combustion Heaters

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 213 (November 3, 2016)

Page Range76532-76540
FR Document2016-26428

We are revising a notice of proposed rulemaking (NPRM) for certain Meggitt (Troy), Inc. (previously known as Stewart Warner South Wind Corporation and as Stewart Warner South Wind Division) Model Series (to include all the variants) 921, 930, 937, 940, 944, 945, 977, 978, 979, 8240, 8253, 8259, and 8472 combustion heaters that proposed to supersede airworthiness directive (AD) 81-09-09. 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. The NPRM was prompted by an airplane accident and reports we received of the heater malfunctioning. This action revises the NPRM by adding combustion heater models series to the applicability and modifying the compliance times. We are proposing this SNPRM to correct the unsafe condition on these products. Since these actions impose an additional burden over that proposed in the NPRM, we are reopening the comment period to allow the public the chance to comment on these proposed changes.

Federal Register, Volume 81 Issue 213 (Thursday, November 3, 2016)
[Federal Register Volume 81, Number 213 (Thursday, November 3, 2016)]
[Proposed Rules]
[Pages 76532-76540]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26428]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 81, No. 213 / Thursday, November 3, 2016 / 
Proposed Rules

[[Page 76532]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0603; Directorate Identifier 2013-CE-026-AD]
RIN 2120-AA64


Airworthiness Directives; Meggitt (Troy), Inc. Combustion Heaters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening 
of comment period.

-----------------------------------------------------------------------

SUMMARY: We are revising a notice of proposed rulemaking (NPRM) for 
certain Meggitt (Troy), Inc. (previously known as Stewart Warner South 
Wind Corporation and as Stewart Warner South Wind Division) Model 
Series (to include all the variants) 921, 930, 937, 940, 944, 945, 977, 
978, 979, 8240, 8253, 8259, and 8472 combustion heaters that proposed 
to supersede airworthiness directive (AD) 81-09-09. 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. The NPRM was prompted by an airplane 
accident and reports we received of the heater malfunctioning. This 
action revises the NPRM by adding combustion heater models series to 
the applicability and modifying the compliance times. We are proposing 
this SNPRM to correct the unsafe condition on these products. Since 
these actions impose an additional burden over that proposed in the 
NPRM, we are reopening the comment period to allow the public the 
chance to comment on these proposed changes.

DATES: The comment period for the NPRM published in the Federal 
Register on August 20, 2014 (79 FR 49249) is reopened. We must receive 
comments on this SNPRM by December 19, 2016.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Meggitt Control Systems, 3 Industrial Drive, Troy, Indiana 47588; 
telephone: (812) 547-7071; fax: (812) 547-2488; email: 
[email protected]; Internet: www.stewart-warner.com. You may view 
this referenced service information at the FAA, Small Airplane 
Directorate, 901 Locust, Kansas City, Missouri 64106. For information 
on the availability of this material at the FAA, call (816) 329-4148.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0603; 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 this proposed AD, the regulatory evaluation, any comments 
received, and other information. The street address for the Docket 
Office (phone: 800-647-5527) is in the ADDRESSES section. Comments will 
be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Chung-Der Young, Aerospace Engineer, 
Chicago Aircraft Certification Office, FAA, Small Airplane Directorate, 
2300 East Devon Avenue, Des Plaines, IL 60018-4696; telephone (847) 
294-7309; fax (847) 294-7834 email: [email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2014-0603; 
Directorate Identifier 2013-CE-026-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    On April 16, 1981, we issued AD 81-09-09, Amendment 39-4102 (46 FR 
24936, May 4, 1981) (``AD 81-09-09''), for certain Meggitt (Troy), Inc. 
(previously known as Stewart Warner South Wind Corporation and as 
Stewart Warner South Wind Division) Model Series 8240, 8253, 8259, and 
8472 combustion heaters. AD 81-09-09 resulted from a hazardous 
condition caused by deterioration of the combustion heater. AD 81-09-09 
currently requires repetitive inspections of the combustion heater; 
repetitive installation inspections of the combustion heater; and, for 
combustion heaters having 1,000 hours or more time-in-service (TIS), 
overhaul of the combustion heater.
    We issued a notice of proposed rulemaking (NPRM) to supersede AD 
81-09-09 on August 13, 2014, which published in the Federal Register on 
August 20, 2014 (79 FR 49249). The NPRM was prompted by an airplane 
accident and reports we received of the heater malfunctioning. 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.

Actions Since the NPRM Was Issued

    Since we issued the NPRM, we received comments from the public 
during the comment period that resulted

[[Page 76533]]

in our decision to issue this SNPRM. This SNPRM proposes to increase 
the applicability and modify the compliance time. We also completed an 
initial regulatory flexibility analysis to determine the impact of the 
proposed AD on small entities (this was at the request of one of the 
comments received on the NPRM). Adopted on September 5, 2014, the 
National Transportation Safety Board issued the probable cause for the 
airplane accident that initiated this investigation. The probable cause 
was identified as malfunction of the cabin heater, which resulted in an 
inflight fire and smoke in the airplane.

Comments

    We gave the public the opportunity to comment on the NPRM. The 
following presents the comments received on the NPRM and the FAA's 
response to each comment.

Request To Allow Repair of the Combustion Tube

    James W. Tarter Jr. from Meggitt (Troy), Inc. identified that the 
Meggitt Inspection Procedure, Document No. IP-347, dated May 17, 2014, 
allows repair of combustion tubes that do not pass the pressure decay 
test (PDT); however, the proposed AD required a combustion tube 
replacement. We infer that the commenter wants to allow the repair of 
the combustion tube when it fails the PDT.
    We disagree with allowing repair of the combustion tube when it 
fails the PDT. The cracked combustion tube metal wall becomes oxidized 
and the cross-section of the crack is contaminated by combusted fuel 
residuals; therefore, there is no way to make a reliable repair. The 
welding will crack again in an unpredictable period of service time.
    We did not make any changes to this SNPRM as a result to this 
comment.

Request To Delay Issuance of AD Until PDT Procedure Is Publically 
Available

    Anthony Saxton requested we delay the issuance of the final rule 
until the PDT procedure is publicly available. He stated that he had a 
difficult time getting a copy of the procedure.
    We do not agree with the commenter about delaying the rule. By 
policy, the FAA cannot post to the public docket service information 
that is part of the proposed action until the publication of the final 
rule unless there is written permission from the design approval 
holder. The FAA does not currently have such written permission. We 
encourage the commenter to obtain a copy of this document from the 
design approval holder. After the final rule is published in the 
Federal Register, the PDT procedure will be readily available to the 
public in the docket.
    We did not make changes to this SNPRM based on this comment.

Request To Change Number of Airplanes Affected and Number of Labor 
Hours Required To Comply

    Anthony Saxton commented that the number of airplanes affected was 
too low and the labor cost was too low.
    We partially agree with the commenter. We agree the number of 
airplanes affected was not complete, but was the FAA's best estimate at 
the time. We obtained our initial information from the FAA aircraft 
registry, and the registry does not identify which airplanes have 
combustion heaters. An FAA economist has completed a more complete 
assessment of the number of affected aircraft during the development of 
the initial regulatory flexibility analysis. The estimated number of 
affected airplanes has been modified based on the initial regulatory 
flexability analysis.
    We disagree with modifying the labor hours to perform the labor 
without more substantive information to support a different number.

Request To Withdraw the NPRM

    William West commented that AD action is not needed. He requested 
we withdraw the NPRM and provide guidance to owners/operators reminding 
them that if the heater malfunctions to not use it until it has been 
properly inspected.
    We disagree with this comment. We completed a review of the 
accident/incident data as well as service difficulty reports over 
several years. The level of risk identified in the data review shows 
that we should address this unsafe condition through mandatory action 
rather than guidance. This proposed AD action is consistent with AD 
actions taken against other similar products. We have no way of 
assuring that the unsafe condition has been mitigated through voluntary 
guidance action.
    We did not make changes to this SNPRM based on this comment.

Request To Allow Limited Decay in the PDT

    Harold Haskins commented that we should do a PDT that allows some 
leakage as per AD 2004-21-05 (69 FR 61993, October 22, 2004). He 
commented that the test identified in the Meggitt (Troy), Inc. 
procedure is not really a pressure decay test because no decay is 
allowed. Allowing a certain amount of decay/leakage is consistent with 
other AD actions.
    We agree with the commenter that there are other ADs where the 
required pressure decay tests allow a certain amount of leakage; 
however, we disagree with modifying the SNPRM because Meggitt (Troy), 
Inc., as the design approval holder, has the responsibility to develop 
what they believe is appropriate procedures to maintain their 
combustion heaters. Owners/operators may provide substantiating data 
and request approval of an alternative method of compliance (AMOC) 
using the procedures found in 14 CFR 39.19 and specified in paragraph 
(m) of this SNPRM.
    We did not make changes to this SNPRM based on this comment.

Request To Change the Listing of the Part Numbers or Model Numbers 
Affected

    Sin Kwong Chew, Anthony Saxton, and the National Transportation 
Safety Board (NTSB) commented that we should use the part numbers or 
more detailed model numbers for the affected heaters. Another commenter 
suggested we use the four upper level model series number.
    We agree with changing how the model and series numbers are listed 
in the Applicability, paragraph (c) of this proposed AD. We want to 
ensure that the applicability of the proposed AD will address all 
affected model/part number heaters.
    We modified the Applicability, paragraph (c) of this proposed AD, 
to state the upper level model number of the heaters and to specify 
that all the part number heaters and dash numbers are included under 
that higher level designation.

Request Change to Procedures

    William Sandmann requested we change the heater disconnect 
procedures to cap off the fuel supply as near to the fuel source as 
possible to reduce the possibility that fuel may leak from the fuel 
line.
    We disagree with this comment. The manufacturer's instructions are 
FAA approved and acceptable. The commenter's suggestion may be an 
improvement on the manufacturer's instructions, but it is not required 
and is too detailed a level to include in this proposed AD.
    We did not make changes to this SNPRM as a result of this comment.

Request Change to Credit for Previous Inspections

    Chris (no last name or company affiliation given) requested we 
allow

[[Page 76534]]

credit for PDTs previously done using the manufacturer's instructions 
within the last 2 years/250 hours. The commenter also requested that we 
do not allow credit for the general inspection of the combustion heater 
because previous instructions are not sufficient to meet the new 
inspection criteria.
    We agree with the commenter's suggestions. The proposed AD contains 
the language ``unless already done'' in paragraph (f) Compliance. That 
language allows credit for any of the actions required by the AD that 
were performed before the effective date of the AD using the 
instructions required by the AD. That language does not allow credit 
for the previous instructions in AD 81-09-09 since we agree that they 
are not sufficient to meet the inspection criteria.
    We did not make changes to the SNPRM based on this comment.

Request Replacement of Combustion Heater Instead of Overhaul

    Anthony Saxton and the Aircraft Owners and Pilot's Association 
(AOPA) requested we require replacement of the combustion heater tube 
instead of an overhaul of the combustion heater if a combustion heater 
fails the PDT. An overhaul is a costly requirement that adds no 
additional safety benefit.
    We agree with the commenters' suggestion. Additional inspections in 
the proposed AD would require inspection and possible replacement of 
individual components of the combustion heater. Therefore, if the 
heater fails the PDT, replacement of the combustion heater tube would 
be a better option rather than heater overhaul.
    We have modified the corrective action language for a PDT failure 
to replacement, disable, or remove the combustion heater.

Request Removal of Combustion Heater Model 8248

    Harold Haskins and William Sandmann commented they were unaware of 
a Model 8248 combustion heater.
    We agree with this comment. The Model 8248 was included based on 
the FAA technical standard order (TSO) database. After further 
research, Meggitt (Troy), Inc. verified that the Model 8248 was 
included in the database in error and did not exist.
    We have removed the Model 8248 combustion heater from the 
Applicability, paragraph (c) of this proposed AD.

Request the Addition of Service Information

    Harold Haskins requested we add the service information for the 
Model 8240 and 8259 combustion heaters.
    We agree with the commenter's suggestion.
    We have added 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 (Rev. 12-69) to the service 
information required for this proposed AD.

Request To Delete Piper From Possible Combustion Heater Installation

    Harold Haskins requested that we delete Piper Aircraft, Inc. 
(Piper) airplanes from possible airplanes that may have the affected 
combustion heaters installed. He does not know of any Piper airplanes 
that have the affected heaters installed.
    We disagree with this comment. The proposed AD addressed the 
combustion heaters at the component level, and they have the potential 
for installation on various airplanes. Also, this AD as proposed in 
this SNPRM would expand the applicability to include combustion heaters 
that are installed on Piper airplanes as well as any other airplanes 
not listed, thus the reason for the phrase ``are installed on, but not 
limited to'' in the applicability.

Request Increasing the Time Allowed for Initial Compliance Time

    Anthony Saxton and AOPA requested modifying the initial compliance 
time to provide a longer period of time to comply. Two commenters 
suggested modifing the compliance time to better coincide with a normal 
maintenance schedule--within the next 10 hours of time-in-service of 
the combustion heater or at the next scheduled 100-hour inspection, 
annual inspection, or phase inspection. This would allow maintenance 
shops to better accommodate owners/operators in complying with the AD.
    We agree with the commenters. Since the NPRM, this SNPRM adds 
combustion heater models to the Applicability, paragraph (c) of this 
proposed AD. It would be appropriate to allow more time to assure that 
maintenance facilities are able to support doing the work required by 
the AD.
    We have modified the wording for the initial inspection compliance 
times for the combustion heater inspection, combustion heater 
installation inspection, and the PDT to better coincide with regularly 
scheduled maintenance.

Request Adding Document Number to Service Information

    James W. Tartar Jr. and Meggitt (Troy), Inc. requested adding the 
document number for the Meggitt (Troy), Inc. inspection procedure for 
the PDT for clarity.
    We agree with this comment. In this proposed AD, we cite the 
Meggitt (Troy), Inc. inspection procedure for the PDT as Meggitt 
Inspection Procedure, Document No. IP-347, dated May 17, 2014.

Request the AD Include an Analysis of the Impact on Small Businesses

    Anthony Saxton requested that we include in the AD an analysis of 
the AD's impact on small businesses. The commenter stated they are 
aware of a number of small businesses that operate the affected 
airplanes.
    We agree with this comment. The commenter has a good understanding 
of the usage of the airplanes affected by this SNPRM. Also, this 
proposed AD adds combustion heater models to the Applicability, 
paragraph (c) of this proposed, that will affect additional airplanes 
over that affected in the proposed rule.
    We have completed an initial regulatory flexability analysis that 
we have included in its entirety in this SNPRM.

Support of Proposed AD

    AOPA, NTSB, William Sandmann, and Anthony Saxton all supported the 
general intent of the proposed AD action.

Related Service Information Under 1 CFR Part 51

    We reviewed the following service information that applies to this 
proposed 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), revised: April 1965;
--South Wind Division Stewart-Warner Corporation Service Manual South 
Wind Aircraft Heater 8472 Series, Form No. 09-1015, issued: April 1975; 
and

    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.

[[Page 76535]]

    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 
all heater models.
    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.

FAA's Determination

    We are proposing this SNPRM because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design. 
Certain changes described above expand the scope of this rulemaking. As 
a result, we have determined that it is necessary to reopen the comment 
period to provide additional opportunity for the public to comment on 
this SNPRM.

Proposed Requirements of This SNPRM

    This SNPRM would require repetitive inspections of the combustion 
heater and repetitive general inspections of the combustion heater 
installation, replacing any parts or components as necessary. This 
SNPRM would also require repetitive PDTs, with replacement of the 
combustion heater tube, disabling, or removal of the combustion heater 
in the event of PDT failure. This SNPRM also modifies the inspection 
and PDT compliance times allowing for the inspections to coincide with 
regularly scheduled maintenance. This SNPRM would not allow repair of 
the combustion heater tube.
    For combustion heater models other than Models 8240, 8253, 8259, 
and 8472, this SNPRM does not have referenced service information 
associated with certain required inspections and the PDT and, if 
necessary, any replacement(s) that may be required. Appendix 1 of this 
SNPRM contains a listing of service information that provides specific 
instructions, for certain inspections and replacements, that may be 
used to apply for an AMOC. However, the listing in appendix 1 to this 
SNPRM does not include any instructions for the required PDT because 
these procedures do not exist. If you are unable to obtain instructions 
for the PDT, you must disable or remove the combustion heater.
    The service information listed in appendix 1 of this SNPRM did not 
meet Office of the Federal Register regulatory requirements for 
incorporation by reference approval due to the condition of the 
documents.
    We are evaluating the actions required in AD 69-13-03 (38 FR 33765, 
December 7, 1973) and may take further AD action in the future.

Differences Between This SNPRM and the Service Information

    The proposed AD would prohibit repair of any defective combustion 
tube while the service information does not specify this.

Costs of Compliance

    We estimate that this proposed 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 proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
              Action                      Labor cost             Parts cost           product        operators
----------------------------------------------------------------------------------------------------------------
Inspections and pressure decay      7 work-hours x $85     Not applicable.......            $595      $3,748,500
 test of the combustion heater.      per hour = $595.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary combustion 
heater disable/removal/related replacement that would be required based 
on the results of the proposed inspections/test. We have no way of 
determining the number of aircraft that might need a combustion heater 
disable/removal/related replacement:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                Action                            Labor cost                   Parts cost             product
----------------------------------------------------------------------------------------------------------------
Replace combustion heater tube........  8 work-hours x $85 per hour =   $3,900..................          $4,580
                                         $680.
Replace temperature switches..........  1 work-hour x $85 per hour =    $320....................             405
                                         $85.
Repair pump...........................  2 work-hours x $85 per hour =   $470....................             640
                                         $170.
Disable heater........................  2 work-hours x $85 per hour =   Not Applicable..........             170
                                         $170.
Remove heater.........................  3 work-hours x $85 per hour =   Not Applicable..........             255
                                         $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 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.

Initial Regulatory Flexibility Analysis

    This section presents the initial regulatory flexibility analysis 
(IRFA) that was done for this action. We have reworded and reformatted 
for Federal Register publication purposes. The IRFA in its original 
form can be found in the docket at http://www.regulations.gov.

[[Page 76536]]

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, the RFA 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 an initial regulatory flexibility analysis (IRFA) as described 
in the RFA. The FAA finds that the proposed AD would have a significant 
economic impact on a substantial number of small entities. Accordingly, 
in the following sections we discuss the compliance requirements of the 
proposed AD, the cost of compliance, and the economic impact on small 
entities.
    Section 603(a) of the RFA requires that each initial regulatory 
flexibility analysis contain:
--A description of the reasons action by the agency is being 
considered;
--A succinct statement of the objectives of, and legal basis for, the 
proposed rule;
--A description of and, where feasible, an estimate of the number of 
small entities to which the proposed rule will apply;
--A description of the projected reporting, recordkeeping and other 
compliance requirements of the proposed 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 to the extent practicable, an identification of 
all relevant Federal rules which may duplicate, overlap or conflict 
with the proposed rule; and
--A description of any significant alternatives to the proposed rule 
which accomplish the stated objectives of applicable statues and which 
minimize any significant economic impact of the proposed rule on small 
entities.

1. Objectives of, and Legal Basis for, the Proposed 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 
proposed AD.

2. A Description of the Reasons Action by the Agency Is Being 
Considered

    This proposed AD stems from the crash of a Cessna 401 near Chanute, 
Kansas, on May 11, 2012, killing the pilot and three of the four 
passengers aboard, and seriously injuring the fourth passenger. 
According to the NTSB report, the crash occurred after dark smoke 
emanated from the cabin heater and entered the cabin obscuring the 
occupants' vision. According to the Report: ``The smoke likely 
interfered with the pilot's ability to identify a safe landing site.'' 
When the pilot attempted an emergency landing in a field, the 
airplane's wing contacted the ground and the airplane cartwheeled.
    The NTSB determined the probable cause of the accident to be:

The malfunction of the cabin heater, which resulted in an inflight 
fire and smoke in the airplane. Contributing to the accident was the 
pilot's lack of understanding concerning the status of the 
airplane's heater system following an earlier overheat event and the 
risk of its continued use. Also contributing were the inadequate 
inspection criteria for the cabin heater.

    As result of this accident, the FAA is proposing this AD to detect 
and correct a hazardous condition caused by deterioration of the 
combustion heater, a condition that could lead to ignition of heater 
components and result in smoke and fumes in the airplane cabin.

3. A Description of and an Estimate of the Number of Small Entities To 
Which the Proposed Rule Will Apply

    This proposed AD would 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 proposed AD would 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 estimates that there are 4,121 airplanes equipped with 8000 
series Meggitt combustion heaters, and 2,123 airplanes equipped with 
900 series Meggitt combustion heaters. 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 proposed 
rule would affect a substantial number of small entities.

4. Duplicative, Overlapping or Conflicting Federal Rules

    The FAA is unaware of any Federal rules that duplicate, overlap, or 
conflict with this proposed AD.

5. Significant Alternatives to the Proposed Rule

    Because of an unsafe condition that is likely to exist or develop 
on the airplanes identified in this proposed AD, there is no feasible 
significant alternative to requiring the actions of this proposed AD. 
The FAA invites public comment on this determination.
    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 proposed AD allows the combustion 
heater to be disconnected or removed, but, as noted above, operating 
without a heater is unlikely to be viable.

6. Reporting, Recordkeeping, and Other Compliance Requirements of the 
Proposed Rule

    Small entities would incur no new reporting and recordkeeping 
requirements as a result of this rule.

Compliance Requirements

    This proposed AD would carry over the following requirements from 
AD 81-09-09:

--Conduction of the 250-hour heater inspection every 250 hours of 
heater operation, in accordance with the manufacturer's service manual. 
We estimate the labor cost of this action to be 2 hours x $85 = $170.

[[Page 76537]]

--General inspection of the heater installation at the same time as the 
250-hour inspection. We estimate the labor cost of this action to also 
be 2 hours x $85 = $170.

    Since the proposed rule would extend applicability to 900 series 
heaters Meggitt combustion heaters, which are installed on certain 
airplanes, there is an incremental cost associated with the existing 
requirement for these two inspections. There is no incremental cost 
associated with applicability to 8000 series heaters, installed on 
certain airplanes, as the current rule already applies to these 
heaters.
    This proposed AD would 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 would be 
required, namely inspection of the thermostat and upper limit switches, 
and inspection of the solenoid valve and fuel pump. In conjunction with 
the 250-hour and installation inspections already required, the labor 
cost of these more detailed actions would be one hour of labor at $85. 
``On-condition'' costs to replace the temperature switches would be an 
additional hour of labor ($85) and $320 in materials cost, for a total 
of $405. On-condition costs to repair/overhaul the pump would be an 
additional two hours of labor ($170) and $470 in materials cost for a 
total of $640.
--Operators would be required to replace defective combustion tubes 
with new tubes as repair of combustion tubes would be prohibited. We 
estimate the cost of prohibiting repair of combustion tubes to be 
minimal as industry reports that the Meggitt heater combustion tubes 
are effectively non-repairable.
--At the same time as the 250-hour and installation inspection, a 
combustion heater pressure decay test (PDT) would be required. The PDT 
would cost $170. If the combustion heater fails the PDT, the operator 
would be required to replace the combustion tube at an installed cost 
of $4,580.
--Operators have the options of disabling the heater at an estimated 
cost of $170 or removing it at estimated cost of $255.

Cost of Compliance

    In calculating the cost of compliance, we assume that operating 
without a heater is unlikely to be viable. We estimate the ten-year 
cost of the proposed rule. Based on data in the 2014 GA Survey, we can 
somewhat conservatively assume that average flight hours per airplane 
per year are about 100 hours. We estimate heater time to be 50 percent 
of airplane flight hours so, on average, flight hours will accumulate 
to about 1,000 hours in ten years and heater time will accumulate to 
about 500 hours. Since requirements for inspection internals are ``250 
hours of combustion heater operations or two years, whichever occurs 
first,'' we expect inspections to usually occur every two years. As 
will be seen below, compliance costs are dominated by the almost 
immediate requirement for the PDT test.

Pressure Decay Test

    The FAA estimates that 90 percent of combustion tubes tested will 
fail the first PDT test. Since replacing the combustion tube, like an 
overhaul, requires complete disassembly of the combustion heater, we 
somewhat conservatively assume that operators will overhaul their 
combustion heaters at $4,580, rather than simply replace the combustion 
tube, at $4,900. Major components such as the combustion tube, fuel 
pump, and temperature switches that are typically replaced or 
overhauled in a combustion heater overhaul have service lives of 750 
heater hours, equivalent to about 1,500 flight hours or 15 years. 
Therefore, we assume that once replaced or overhauled, these components 
will not need to be replaced during our 10-year period of cost 
estimation. So aside from the initial tube replacement, we estimate 
that, for inspections required by this proposed AD, ``on-condition'' 
costs would be minimal.
    Table 1 below shows our calculation of compliance cost for 
airplanes with the affected Meggitt combustion heaters. We assume the 
rule to be effective in 2017 and, as discussed above, in the first year 
we assume the combustion heater fails the PDT resulting in a subsequent 
overhaul. For the 8000 series heaters note that the $935 labor cost for 
2017 includes three hours of labor ($255) for the detailed inspection 
and the PDT in addition to eight hours of labor for the overhaul 
($680).
    As the table shows, we estimate the 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 the previously noted fact that 8000 
series heaters are currently subject to the 250-hour inspection and 
installation inspection requirements, and, therefore, the incremental 
cost would be correspondingly less for airplanes with 8000 series 
combustion heaters compared to airplanes with 900 series heaters.

Economic Impact on Small Entities

    If the cost of compliance is greater than 2 percent of the value of 
an operator's airplane, the FAA considers the cost impact to be 
significant. So if the value of an airplane equipped with an affected 
Meggitt combustion heater is less than 50 times the cost of compliance, 
we consider that the operator of the airplane would incur a substantial 
economic impact. With a present value cost of about $6,000 for 
airplanes equipped with 8000 series Meggitt combustion heaters, the FAA 
considers the cost impact to be significant for all such airplanes with 
values below about $300,000. With a present value cost of about $7,500 
for airplanes equipped with 900 series Meggitt combustion heaters, the 
FAA considers the cost impact to be significant for all such airplanes 
with values below about $350,000. 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 $350,000 for a Cessna 221C Golden Eagle down to a 
price as low as $30,000 for a Piper 23-150 Apache. Accordingly, most of 
the 6,244 airplanes equipped with Meggitt combustion heaters have 
values low enough to consider that the airplane operators would incur a 
significant economic impact. As noted above, many of these airplanes 
are registered to LLCs and other small companies.
    The FAA therefore concludes that this proposed AD would have a 
significant economic impact on a substantial number of small entities.

[[Page 76538]]



                                                              Table 1--Costs of Compliance
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           Mtls + labor                                      Discount
                  Year                    Materials cost    Labor cost         cost                   Actions              factor  (@7%)      PV Cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                  Airplanes with 8000 Series Meggitt Combustion Heaters
--------------------------------------------------------------------------------------------------------------------------------------------------------
2017....................................          $4,220            $935          $5,155  Detailed inspection (1 hr                1.000          $5,155
                                                                                           labor), PDT (2 hrs labor)--
                                                                                           Overhaul after assumed
                                                                                           failure (8 hrs labor, $4,220
                                                                                           materials).
2019....................................  ..............             255             255  Detailed inspection (1 hr                0.873             223
                                                                                           labor), PDT inspection (2 hrs
                                                                                           labor).
2021....................................  ..............             255             255  Detailed inspection (1 hr                0.763             195
                                                                                           labor), PDT inspection (2 hrs
                                                                                           labor).
2023....................................  ..............             255             255  Detailed inspection (1 hr                0.666             170
                                                                                           labor), PDT inspection (2 hrs
                                                                                           labor).
2025....................................  ..............             255             255  Detailed inspection (1 hr                0.582             148
                                                                                           labor), PDT inspection (2 hrs
                                                                                           labor).
2027....................................  ..............             255             255  Detailed inspection (1 hr                0.508             130
                                                                                           labor), PDT inspection (2 hrs
                                                                                           labor).
                                         ------------------------------------------------                                -------------------------------
    Total PV Cost.......................  ..............  ..............  ..............  ..............................  ..............           6,020
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                  Airplanes with 900 Series Combustion Meggitt Heaters
--------------------------------------------------------------------------------------------------------------------------------------------------------
2017....................................           4,220           1,275           5,495  250-hr inspection (2 hrs                 1.000           5,495
                                                                                           labor), installation
                                                                                           inspection (2 hrs labor),
                                                                                           detailed inspection (1 hr
                                                                                           labor), PDT (2 hrs labor)--
                                                                                           Overhaul after assumed
                                                                                           failure (8 hrs labor, 4,220
                                                                                           materials).
2019....................................  ..............             595             595  250-hr inspection (2 hrs                 0.873             520
                                                                                           labor), installation
                                                                                           inspection (2 hrs labor),
                                                                                           detailed inspection (1 hr
                                                                                           labor), PDT (2 hrs labor).
2021....................................  ..............             595             595  250-hr inspection (2 hrs                 0.763             454
                                                                                           labor), installation
                                                                                           inspection (2 hrs labor),
                                                                                           detailed inspection (1 hr
                                                                                           labor), PDT (2 hrs labor).
2023....................................  ..............             595             595  250-hr inspection (2 hrs                 0.666             396
                                                                                           labor), installation
                                                                                           inspection (2 hrs labor),
                                                                                           detailed inspection (1 hr
                                                                                           labor), PDT (2 hrs labor).
2025....................................  ..............             595             595  250-hr inspection (2 hrs                 0.582             346
                                                                                           labor), installation
                                                                                           inspection (2 hrs labor),
                                                                                           detailed inspection (1 hr
                                                                                           labor), PDT (2 hrs labor).
2027....................................  ..............             595             595  250-hr inspection (2 hrs                 0.508             302
                                                                                           labor), installation
                                                                                           inspection (2 hrs labor),
                                                                                           detailed inspection (1 hr
                                                                                           labor), PDT (2 hrs labor).
                                         ------------------------------------------------                                -------------------------------
    Total PV Cost.......................  ..............  ..............  ..............  ..............................  ..............           7,514
--------------------------------------------------------------------------------------------------------------------------------------------------------

Regulatory Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify this proposed 
regulation:
    (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),
    (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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The FAA amends Sec.  39.13 by removing AD 81-09-09, Amendment 39-
4102 (46 FR 24936, May 4, 1981) and adding the following new 
airworthiness directive (AD):


[[Page 76539]]


Meggitt (Troy), Inc.: Docket No. FAA-2014-0603; Directorate 
Identifier 2013-CE-026-AD.

(a) Comments Due Date

    We must receive comments by December 19, 2016.

(b) Affected ADs

    This AD replaces AD 81-09-09, Amendment 39-4102 (46 FR 24936, 
May 4, 1981).

(c) Applicability

    (1) This AD applies to Meggitt (Troy), Inc. (previously known as 
Stewart Warner South Wind Corporation and as Stewart Warner South 
Wind Division) Models (to include all dash number and model number 
variants) 921, 930, 937, 940, 944, 945, 977, 978, 979, 8240, 8253, 
8259, and 8472 combustion heaters that:
    (i) Are installed on, but not limited to, certain Beech, 
Britten-Norman, Cessna Aircraft Company, and Piper Aircraft, Inc. 
airplanes; and
    (ii) certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 2140; Heating System.

(e) Unsafe Condition

    This AD was prompted by an airplane accident and reports we 
received that the combustion heater was malfunctioning. We are 
issuing this AD to detect and correct a hazardous condition caused 
by deterioration of the combustion heater, which could lead to 
ignition of components and result in smoke and fumes in the cabin.

(f) Compliance

    Comply with this AD by doing one of the actions in paragraphs 
(f)(1), (2), or (3) of this AD at the compliance times indicated, 
unless already done. If the hours of combustion heater operation 
cannot be determined, use 50 percent of the airplane's hours time-
in-service (TIS):
    (1) Perform the actions specified in paragraphs (g) through (j) 
of this AD;
    (2) Disable the heater following the instructions in paragraph 
(k)(1) of this AD; or
    (3) Remove the heater following the instructions in paragraph 
(k)(2) of this AD.

(g) Inspections and Pressure Decay Test (PDT) of the Combustion Heater

    Within the next 10 hours TIS of the combustion heater after the 
effective date of this AD or the next scheduled 100-hour inspection, 
annual inspection, or phase inspection that occurs 30 days after the 
effective date of this AD, whichever occurs first, and repetitively 
thereafter at intervals not to exceed 250 hours of combustion heater 
operation or two years, whichever occurs first, do the following 
inspections and PDT listed in paragraphs (g)(1) through (4) of this 
AD. You may do one of the actions in paragraph (k)(1) or (2) of this 
AD in lieu of doing the inspections required by paragraph (g).
    (1) Inspections using the instructions in paragraph (i)(1) or 
(j) of this AD, as applicable.
    (2) Inspections using the steps listed in paragraphs (g)(2)(i) 
through (v) of this AD:
    (i) Inspect the thermostat switch (external from heater) and 
upper limit switch (located on the heater). In cold static 
condition, both switches should be in closed position; in operation 
(hot) condition, both switches should regulate their sensed 
temperatures within +/-10 degrees F.
    (ii) Inspect the solenoid valve and fuel pump for fuel leak, 
corrosion, diaphragm crack, metal shavings, and excess grease.
    (iii) With the heater operating, inspect the fuel pump output 
pressure for proper gauge hook up and pressure range readings.
    (iv) Inspect the combustion heater's fuel pump operating 
pressure to assure it is not affected by other on-board pumps.
    (v) Inspect the heater to assure it instantly responds to the 
on/off switch.
    (3) Installation inspections and checks using the steps listed 
in paragraphs (g)(3)(i) through (iv) of this AD:
    (i) Inspect ventilating air and combustion air inlets and 
exhaust outlet correcting any restrictions and ensure attachment 
security.
    (ii) Inspect drain line and ensure it is free of obstruction.
    (iii) Check all fuel lines for security at joints and shrouds, 
correcting/replacing those showing evidence of looseness or leakage.
    (iv) Check all electrical wiring for security at attachment 
points, correcting conditions leading to arcing, chafing or 
looseness.
    (4) Pressure decay test using the instructions in paragraph 
(i)(2) or (j) of this AD, as applicable.

(h) Replacement of the Heater Tube and/or Correct or Replace Other 
Assemblies

    If any discrepancies are found during any of the inspections/
tests required in paragraphs (g)(1), (2), (3), and/or (4) of this 
AD, before further flight, replace the defective heater tube and/or 
correct or replace other defective assemblies as necessary. You must 
use the instructions in paragraph (i) or (j) of this AD, as 
applicable, to do any necessary replacements. This AD does not allow 
repair of the combustion tube. You may do one of the actions in 
paragraph (k)(1) or (2) of this AD in lieu of doing the replacements 
required by paragraph (h).

(i) Procedures for Inspection, PDT, and Replacement for Models 8240, 
8253, 8259, and 8472

    (1) For the inspections required in paragraph (g)(1) of this AD 
and the replacement(s) that may be required in paragraph (h) of this 
AD, use the service information listed in paragraphs (i)(1)(i) 
through (iii) of this AD, as applicable, or do one of the actions in 
paragraph (k)(1) or (2) of this AD.
    (i) 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;
    (ii) South Wind Division Stewart-Warner Corporation Beech 
Aircraft Corporation Service Manual PM-20688, Part No. 404-001039 
Heater Assy. (SW 8253-B), revised: April 1965; or
    (iii) South Wind Division Stewart-Warner Corporation Service 
Manual South Wind Aircraft Heater 8472 Series, Form No. 09-1015, 
issued: April 1975.
    (2) For the pressure decay test (PDT) required in paragraph 
(g)(4) of this AD, use Meggitt Inspection Procedure, Pressure Decay 
Test, Aircraft Heaters, IP-347, dated May 17, 2014, or do one of the 
actions in paragraph (k)(1) or (2) of this AD.

(j) Procedures for Inspection, PDT, and Replacement for Models Other 
Than Models 8240, 8253, 8259, and 8472

    This AD does not have referenced service information associated 
with the mandatory requirements of this AD for models other than 
Models 8240, 8253, 8259, and 8472. For the required inspections and 
PDT specified in paragraphs (g)(1) and (4) of this AD and, if 
necessary, any replacement(s) specified in paragraph (h) of this AD, 
you must contact the manufacturer to obtain FAA-approved inspection, 
replacement, and PDT procedures approved specifically for this AD 
and implement those procedures through an alternative method of 
compliance (AMOC) or do one of the actions in paragraph (k)(1) or 
(2) of this AD. You may use the contact information found in 
paragraph (n)(2) to contact the manufacturer. Appendix 1 of this AD 
contains a listing of service information that provides specific 
instructions, for certain inspections and replacements, that you may 
use to apply for an AMOC following paragraph (m) of this AD. The 
service information listed in appendix 1 of this AD did not meet 
Office of the Federal Register regulatory requirements for 
incorporation by reference approval due to the condition of the 
documents. However, the listing in appendix 1 to this AD does not 
include any instructions for the PDT required in paragraph (g)(4) 
because these procedures do not exist.

(k) Disable or Removal of the Combustion Heater

    As an option to the inspection and replacement actions specified 
in paragraphs (g) and (h) of this AD, within the next 10 hours TIS 
of the combustion heater after the effective date of this AD or the 
next scheduled 100-hour inspection, annual inspection, or phase 
inspection that occurs 30 days after the effective date of this AD, 
whichever occurs first, do one of the following actions:
    (1) Disable the heater by the following actions:
    (i) Disconnect and cap the heater fuel supply;
    (ii) Disconnect circuit breakers;
    (iii) Tag the main switch ``Heater Inoperable''; and
    (iv) The ventilation blower can stay functional.
    (v) If you re-enable the combustion heater, you must perform one 
of the actions in paragraphs (f)(1) through (3) of this AD.
    (2) Remove the heater by the following actions:
    (i) Disconnect and cap the heater fuel supply;
    (ii) Disconnect/remove circuit breakers;
    (iii) Remove exhaust pipe extension;

[[Page 76540]]

    (iv) Cap the exhaust opening;
    (v) Remove the heater; and
    (vi) Do weight and balance for the aircraft.
    (vii) If you install an applicable combustion heater, you must 
perform one of the actions in paragraphs (f)(1) through (3) of this 
AD.

(l) Special Flight Permit

    Special flight permits are permitted in accordance with 14 CFR 
39.23 with the following limitation: Use of the heater is not 
allowed.

(m) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Chicago Aircraft Certification Office (ACO), 
FAA, has the authority to approve AMOCs for this AD, if requested 
using the procedures found in 14 CFR 39.19. In accordance with 14 
CFR 39.19, send your request to your principal inspector or local 
Flight Standards District Office, as appropriate. If sending 
information directly to the manager of the ACO, send it to the 
attention of the person identified in paragraph (o)(1) of this AD.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.
    (3) AMOCs approved for AD 81-09-09 (46 FR 24936, May 4, 1981) 
are not approved as AMOCs for this AD.

(n) Related Information

    (1) For more information about this AD, contact Chung-Der Young, 
Aerospace Engineer, Chicago Aircraft Certification Office, FAA, 
Small Airplane Directorate, 2300 East Devon Avenue, Des Plaines, IL 
60018-4696; telephone (847) 294-7309; fax (847) 294-7834 email: 
[email protected].
    (2) For service information identified in this AD, contact 
Meggitt Control Systems, 3 Industrial Drive, Troy, Indiana 47588; 
telephone: (812) 547-7071; fax: (812) 547-2488; email: 
[email protected]; Internet: www.stewart-warner.com. You may view 
this referenced service information at the FAA, Small Airplane 
Directorate, 901 Locust, Kansas City, Missouri 64106. For 
information on the availability of this material at the FAA, call 
(816) 329-4148.

Appendix 1 to Docket No. FAA-2016-0603

    The following service information applies to certain combustion 
heater models affected by this AD, but the service information can 
not be required by the AD. You may use this service information for 
procedural guidance when applying for an alternative method of 
compliance.

--South Wind Service Manual P.M. 35710 Aircraft Heaters 8240-E, 
8259-HL1, HL2, -L, supplements attached HR2.JR2.M;
--South Wind Service Manual PM35710 Aircraft Heaters
--Stewart-Warner Corporation South 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);
--Navion Model 977-B Installation Manual Section I, Section II, 
Section III, and Section IV.

    Issued in Kansas City, Missouri, on October 27, 2016.
Pat Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-26428 Filed 11-2-16; 8:45 am]
 BILLING CODE 4910-13-P



                                                    76532

                                                    Proposed Rules                                                                                                Federal Register
                                                                                                                                                                  Vol. 81, No. 213

                                                                                                                                                                  Thursday, November 3, 2016



                                                    This section of the FEDERAL REGISTER                    ADDRESSES:   You may send comments,                   Comments Invited
                                                    contains notices to the public of the proposed          using the procedures found in 14 CFR
                                                    issuance of rules and regulations. The
                                                                                                                                                                    We invite you to send any written
                                                                                                            11.43 and 11.45, by any of the following              relevant data, views, or arguments about
                                                    purpose of these notices is to give interested          methods:
                                                    persons an opportunity to participate in the                                                                  this proposed AD. Send your comments
                                                    rule making prior to the adoption of the final             • Federal eRulemaking Portal: Go to                to an address listed under the
                                                    rules.                                                  http://www.regulations.gov. Follow the                ADDRESSES section. Include ‘‘Docket No.
                                                                                                            instructions for submitting comments.                 FAA–2014–0603; Directorate Identifier
                                                                                                               • Fax: 202–493–2251.                               2013–CE–026–AD’’ at the beginning of
                                                    DEPARTMENT OF TRANSPORTATION                               • Mail: U.S. Department of                         your comments. We specifically invite
                                                                                                            Transportation, Docket Operations, M–                 comments on the overall regulatory,
                                                    Federal Aviation Administration                                                                               economic, environmental, and energy
                                                                                                            30, West Building Ground Floor, Room
                                                                                                            W12–140, 1200 New Jersey Avenue SE.,                  aspects of this proposed AD. We will
                                                    14 CFR Part 39                                                                                                consider all comments received by the
                                                                                                            Washington, DC 20590.
                                                    [Docket No. FAA–2014–0603; Directorate                                                                        closing date and may amend this
                                                                                                               • Hand Delivery: U.S. Department of
                                                    Identifier 2013–CE–026–AD]                                                                                    proposed AD because of those
                                                                                                            Transportation, Docket Operations, M–
                                                                                                                                                                  comments.
                                                    RIN 2120–AA64                                           30, West Building Ground Floor, Room
                                                                                                                                                                    We will post all comments we
                                                                                                            W12–140, 1200 New Jersey Avenue SE.,
                                                    Airworthiness Directives; Meggitt                                                                             receive, without change, to http://
                                                                                                            Washington, DC 20590, between 9 a.m.
                                                    (Troy), Inc. Combustion Heaters                                                                               www.regulations.gov, including any
                                                                                                            and 5 p.m., Monday through Friday,
                                                                                                                                                                  personal information you provide. We
                                                    AGENCY:  Federal Aviation                               except Federal holidays.
                                                                                                                                                                  will also post a report summarizing each
                                                    Administration (FAA), DOT.                                 For service information identified in              substantive verbal contact we receive
                                                    ACTION: Supplemental notice of                          this proposed AD, contact Meggitt                     about this proposed AD.
                                                    proposed rulemaking (SNPRM);                            Control Systems, 3 Industrial Drive,
                                                    reopening of comment period.                            Troy, Indiana 47588; telephone: (812)                 Discussion
                                                                                                            547–7071; fax: (812) 547–2488; email:                   On April 16, 1981, we issued AD 81–
                                                    SUMMARY:   We are revising a notice of                  infotroy@meggitt.com; Internet:                       09–09, Amendment 39–4102 (46 FR
                                                    proposed rulemaking (NPRM) for                          www.stewart-warner.com. You may                       24936, May 4, 1981) (‘‘AD 81–09–09’’),
                                                    certain Meggitt (Troy), Inc. (previously                view this referenced service information              for certain Meggitt (Troy), Inc.
                                                    known as Stewart Warner South Wind                      at the FAA, Small Airplane Directorate,               (previously known as Stewart Warner
                                                    Corporation and as Stewart Warner                       901 Locust, Kansas City, Missouri                     South Wind Corporation and as Stewart
                                                    South Wind Division) Model Series (to                   64106. For information on the                         Warner South Wind Division) Model
                                                    include all the variants) 921, 930, 937,                availability of this material at the FAA,             Series 8240, 8253, 8259, and 8472
                                                    940, 944, 945, 977, 978, 979, 8240, 8253,               call (816) 329–4148.                                  combustion heaters. AD 81–09–09
                                                    8259, and 8472 combustion heaters that                                                                        resulted from a hazardous condition
                                                    proposed to supersede airworthiness                     Examining the AD Docket
                                                                                                                                                                  caused by deterioration of the
                                                    directive (AD) 81–09–09. The NPRM                          You may examine the AD docket on                   combustion heater. AD 81–09–09
                                                    proposed to retain most actions from AD                 the Internet at http://                               currently requires repetitive inspections
                                                    81–09–09, add a calendar time to the                    www.regulations.gov by searching for                  of the combustion heater; repetitive
                                                    repetitive inspections, add more                        and locating Docket No. FAA–2014–                     installation inspections of the
                                                    detailed actions to the inspections, and                0603; or in person at the Docket                      combustion heater; and, for combustion
                                                    add a pressure decay test. The NPRM                     Management Facility between 9 a.m.                    heaters having 1,000 hours or more
                                                    was prompted by an airplane accident                    and 5 p.m., Monday through Friday,                    time-in-service (TIS), overhaul of the
                                                    and reports we received of the heater                   except Federal holidays. The AD docket                combustion heater.
                                                    malfunctioning. This action revises the                 contains this proposed AD, the                          We issued a notice of proposed
                                                    NPRM by adding combustion heater                        regulatory evaluation, any comments                   rulemaking (NPRM) to supersede AD
                                                    models series to the applicability and                  received, and other information. The                  81–09–09 on August 13, 2014, which
                                                    modifying the compliance times. We are                  street address for the Docket Office                  published in the Federal Register on
                                                    proposing this SNPRM to correct the                     (phone: 800–647–5527) is in the                       August 20, 2014 (79 FR 49249). The
                                                    unsafe condition on these products.                     ADDRESSES section. Comments will be                   NPRM was prompted by an airplane
                                                    Since these actions impose an                           available in the AD docket shortly after              accident and reports we received of the
                                                    additional burden over that proposed in                 receipt.                                              heater malfunctioning. The NPRM
                                                    the NPRM, we are reopening the                                                                                proposed to retain most actions from AD
                                                    comment period to allow the public the                  FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                  81–09–09, add a calendar time to the
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                                                    chance to comment on these proposed                     Chung-Der Young, Aerospace Engineer,
                                                                                                                                                                  repetitive inspections, add more
                                                    changes.                                                Chicago Aircraft Certification Office,
                                                                                                                                                                  detailed actions to the inspections, and
                                                    DATES: The comment period for the
                                                                                                            FAA, Small Airplane Directorate, 2300
                                                                                                                                                                  add a pressure decay test.
                                                    NPRM published in the Federal                           East Devon Avenue, Des Plaines, IL
                                                    Register on August 20, 2014 (79 FR                      60018–4696; telephone (847) 294–7309;                 Actions Since the NPRM Was Issued
                                                    49249) is reopened. We must receive                     fax (847) 294–7834 email: chung-                        Since we issued the NPRM, we
                                                    comments on this SNPRM by December                      der.young@faa.gov.                                    received comments from the public
                                                    19, 2016.                                               SUPPLEMENTARY INFORMATION:                            during the comment period that resulted


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                                                                         Federal Register / Vol. 81, No. 213 / Thursday, November 3, 2016 / Proposed Rules                                          76533

                                                    in our decision to issue this SNPRM.                    published in the Federal Register, the                amount of decay/leakage is consistent
                                                    This SNPRM proposes to increase the                     PDT procedure will be readily available               with other AD actions.
                                                    applicability and modify the                            to the public in the docket.                            We agree with the commenter that
                                                    compliance time. We also completed an                     We did not make changes to this                     there are other ADs where the required
                                                    initial regulatory flexibility analysis to              SNPRM based on this comment.                          pressure decay tests allow a certain
                                                    determine the impact of the proposed                                                                          amount of leakage; however, we
                                                    AD on small entities (this was at the                   Request To Change Number of                           disagree with modifying the SNPRM
                                                    request of one of the comments received                 Airplanes Affected and Number of                      because Meggitt (Troy), Inc., as the
                                                    on the NPRM). Adopted on September                      Labor Hours Required To Comply                        design approval holder, has the
                                                    5, 2014, the National Transportation                       Anthony Saxton commented that the                  responsibility to develop what they
                                                    Safety Board issued the probable cause                  number of airplanes affected was too                  believe is appropriate procedures to
                                                    for the airplane accident that initiated                low and the labor cost was too low.                   maintain their combustion heaters.
                                                    this investigation. The probable cause                     We partially agree with the                        Owners/operators may provide
                                                    was identified as malfunction of the                    commenter. We agree the number of                     substantiating data and request approval
                                                    cabin heater, which resulted in an                      airplanes affected was not complete, but              of an alternative method of compliance
                                                    inflight fire and smoke in the airplane.                was the FAA’s best estimate at the time.              (AMOC) using the procedures found in
                                                                                                            We obtained our initial information                   14 CFR 39.19 and specified in paragraph
                                                    Comments                                                                                                      (m) of this SNPRM.
                                                                                                            from the FAA aircraft registry, and the
                                                      We gave the public the opportunity to                 registry does not identify which                        We did not make changes to this
                                                    comment on the NPRM. The following                      airplanes have combustion heaters. An                 SNPRM based on this comment.
                                                    presents the comments received on the                   FAA economist has completed a more
                                                    NPRM and the FAA’s response to each                                                                           Request To Change the Listing of the
                                                                                                            complete assessment of the number of                  Part Numbers or Model Numbers
                                                    comment.                                                affected aircraft during the development              Affected
                                                    Request To Allow Repair of the                          of the initial regulatory flexibility
                                                                                                            analysis. The estimated number of                       Sin Kwong Chew, Anthony Saxton,
                                                    Combustion Tube                                                                                               and the National Transportation Safety
                                                                                                            affected airplanes has been modified
                                                       James W. Tarter Jr. from Meggitt                                                                           Board (NTSB) commented that we
                                                                                                            based on the initial regulatory
                                                    (Troy), Inc. identified that the Meggitt                                                                      should use the part numbers or more
                                                                                                            flexability analysis.
                                                    Inspection Procedure, Document No.                                                                            detailed model numbers for the affected
                                                                                                               We disagree with modifying the labor
                                                    IP–347, dated May 17, 2014, allows                                                                            heaters. Another commenter suggested
                                                                                                            hours to perform the labor without more
                                                    repair of combustion tubes that do not                                                                        we use the four upper level model series
                                                                                                            substantive information to support a
                                                    pass the pressure decay test (PDT);                                                                           number.
                                                                                                            different number.
                                                    however, the proposed AD required a                                                                             We agree with changing how the
                                                    combustion tube replacement. We infer                   Request To Withdraw the NPRM                          model and series numbers are listed in
                                                    that the commenter wants to allow the                                                                         the Applicability, paragraph (c) of this
                                                                                                              William West commented that AD
                                                    repair of the combustion tube when it                                                                         proposed AD. We want to ensure that
                                                                                                            action is not needed. He requested we
                                                    fails the PDT.                                                                                                the applicability of the proposed AD
                                                       We disagree with allowing repair of                  withdraw the NPRM and provide
                                                                                                                                                                  will address all affected model/part
                                                    the combustion tube when it fails the                   guidance to owners/operators reminding
                                                                                                                                                                  number heaters.
                                                    PDT. The cracked combustion tube                        them that if the heater malfunctions to
                                                                                                                                                                    We modified the Applicability,
                                                    metal wall becomes oxidized and the                     not use it until it has been properly
                                                                                                                                                                  paragraph (c) of this proposed AD, to
                                                    cross-section of the crack is                           inspected.
                                                                                                                                                                  state the upper level model number of
                                                    contaminated by combusted fuel                            We disagree with this comment. We                   the heaters and to specify that all the
                                                    residuals; therefore, there is no way to                completed a review of the accident/                   part number heaters and dash numbers
                                                    make a reliable repair. The welding will                incident data as well as service                      are included under that higher level
                                                    crack again in an unpredictable period                  difficulty reports over several years. The            designation.
                                                    of service time.                                        level of risk identified in the data
                                                       We did not make any changes to this                  review shows that we should address                   Request Change to Procedures
                                                    SNPRM as a result to this comment.                      this unsafe condition through                            William Sandmann requested we
                                                                                                            mandatory action rather than guidance.                change the heater disconnect
                                                    Request To Delay Issuance of AD Until                   This proposed AD action is consistent                 procedures to cap off the fuel supply as
                                                    PDT Procedure Is Publically Available                   with AD actions taken against other                   near to the fuel source as possible to
                                                      Anthony Saxton requested we delay                     similar products. We have no way of                   reduce the possibility that fuel may leak
                                                    the issuance of the final rule until the                assuring that the unsafe condition has                from the fuel line.
                                                    PDT procedure is publicly available. He                 been mitigated through voluntary                         We disagree with this comment. The
                                                    stated that he had a difficult time getting             guidance action.                                      manufacturer’s instructions are FAA
                                                    a copy of the procedure.                                  We did not make changes to this                     approved and acceptable. The
                                                      We do not agree with the commenter                    SNPRM based on this comment.                          commenter’s suggestion may be an
                                                    about delaying the rule. By policy, the                                                                       improvement on the manufacturer’s
                                                                                                            Request To Allow Limited Decay in the
                                                    FAA cannot post to the public docket                                                                          instructions, but it is not required and
                                                                                                            PDT
                                                    service information that is part of the                                                                       is too detailed a level to include in this
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                                                    proposed action until the publication of                  Harold Haskins commented that we                    proposed AD.
                                                    the final rule unless there is written                  should do a PDT that allows some                         We did not make changes to this
                                                    permission from the design approval                     leakage as per AD 2004–21–05 (69 FR                   SNPRM as a result of this comment.
                                                    holder. The FAA does not currently                      61993, October 22, 2004). He
                                                    have such written permission. We                        commented that the test identified in                 Request Change to Credit for Previous
                                                    encourage the commenter to obtain a                     the Meggitt (Troy), Inc. procedure is not             Inspections
                                                    copy of this document from the design                   really a pressure decay test because no                  Chris (no last name or company
                                                    approval holder. After the final rule is                decay is allowed. Allowing a certain                  affiliation given) requested we allow


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                                                    76534                Federal Register / Vol. 81, No. 213 / Thursday, November 3, 2016 / Proposed Rules

                                                    credit for PDTs previously done using                   Request the Addition of Service                       Request Adding Document Number to
                                                    the manufacturer’s instructions within                  Information                                           Service Information
                                                    the last 2 years/250 hours. The                           Harold Haskins requested we add the                   James W. Tartar Jr. and Meggitt (Troy),
                                                    commenter also requested that we do                     service information for the Model 8240                Inc. requested adding the document
                                                    not allow credit for the general                        and 8259 combustion heaters.                          number for the Meggitt (Troy), Inc.
                                                    inspection of the combustion heater                       We agree with the commenter’s                       inspection procedure for the PDT for
                                                    because previous instructions are not                   suggestion.                                           clarity.
                                                    sufficient to meet the new inspection                     We have added South Wind Service                      We agree with this comment. In this
                                                    criteria.                                               Manual for Stewart Warner South Wind                  proposed AD, we cite the Meggitt
                                                       We agree with the commenter’s                        Aircraft Heaters 8240–A, 8240–C, 8259–                (Troy), Inc. inspection procedure for the
                                                    suggestions. The proposed AD contains                   A, 8259–C, 8259–DL, 8259–FL1, 8259–                   PDT as Meggitt Inspection Procedure,
                                                    the language ‘‘unless already done’’ in                 GL1, 8259–GL2, Form No. 09–998 (Rev.                  Document No. IP–347, dated May 17,
                                                    paragraph (f) Compliance. That language                 12–69) to the service information                     2014.
                                                    allows credit for any of the actions                    required for this proposed AD.
                                                                                                                                                                  Request the AD Include an Analysis of
                                                    required by the AD that were performed                  Request To Delete Piper From Possible                 the Impact on Small Businesses
                                                    before the effective date of the AD using               Combustion Heater Installation
                                                    the instructions required by the AD.                                                                            Anthony Saxton requested that we
                                                                                                               Harold Haskins requested that we                   include in the AD an analysis of the
                                                    That language does not allow credit for
                                                                                                            delete Piper Aircraft, Inc. (Piper)                   AD’s impact on small businesses. The
                                                    the previous instructions in AD 81–09–
                                                                                                            airplanes from possible airplanes that                commenter stated they are aware of a
                                                    09 since we agree that they are not
                                                                                                            may have the affected combustion                      number of small businesses that operate
                                                    sufficient to meet the inspection criteria.
                                                                                                            heaters installed. He does not know of                the affected airplanes.
                                                       We did not make changes to the                       any Piper airplanes that have the                       We agree with this comment. The
                                                    SNPRM based on this comment.                            affected heaters installed.                           commenter has a good understanding of
                                                    Request Replacement of Combustion                          We disagree with this comment. The                 the usage of the airplanes affected by
                                                    Heater Instead of Overhaul                              proposed AD addressed the combustion                  this SNPRM. Also, this proposed AD
                                                                                                            heaters at the component level, and they              adds combustion heater models to the
                                                      Anthony Saxton and the Aircraft                       have the potential for installation on                Applicability, paragraph (c) of this
                                                    Owners and Pilot’s Association (AOPA)                   various airplanes. Also, this AD as                   proposed, that will affect additional
                                                    requested we require replacement of the                 proposed in this SNPRM would expand                   airplanes over that affected in the
                                                    combustion heater tube instead of an                    the applicability to include combustion               proposed rule.
                                                    overhaul of the combustion heater if a                  heaters that are installed on Piper                     We have completed an initial
                                                    combustion heater fails the PDT. An                     airplanes as well as any other airplanes              regulatory flexability analysis that we
                                                    overhaul is a costly requirement that                   not listed, thus the reason for the phrase            have included in its entirety in this
                                                    adds no additional safety benefit.                      ‘‘are installed on, but not limited to’’ in           SNPRM.
                                                                                                            the applicability.
                                                      We agree with the commenters’                                                                               Support of Proposed AD
                                                    suggestion. Additional inspections in                   Request Increasing the Time Allowed                     AOPA, NTSB, William Sandmann,
                                                    the proposed AD would require                           for Initial Compliance Time                           and Anthony Saxton all supported the
                                                    inspection and possible replacement of                     Anthony Saxton and AOPA requested                  general intent of the proposed AD
                                                    individual components of the                            modifying the initial compliance time to              action.
                                                    combustion heater. Therefore, if the                    provide a longer period of time to
                                                    heater fails the PDT, replacement of the                                                                      Related Service Information Under 1
                                                                                                            comply. Two commenters suggested
                                                    combustion heater tube would be a                                                                             CFR Part 51
                                                                                                            modifing the compliance time to better
                                                    better option rather than heater                        coincide with a normal maintenance                      We reviewed the following service
                                                    overhaul.                                               schedule—within the next 10 hours of                  information that applies to this
                                                      We have modified the corrective                       time-in-service of the combustion heater              proposed AD:
                                                    action language for a PDT failure to                    or at the next scheduled 100-hour                     —Stewart-Warner South Wind
                                                    replacement, disable, or remove the                     inspection, annual inspection, or phase                 Corporation South Wind Service
                                                    combustion heater.                                      inspection. This would allow                            Manual for Stewart Warner South
                                                                                                            maintenance shops to better                             Wind Aircraft Heaters 8240–A, 8240–
                                                    Request Removal of Combustion Heater                                                                            C, 8259–A, 8259–C, 8259–DL, 8259–
                                                                                                            accommodate owners/operators in
                                                    Model 8248                                                                                                      FL1, 8259–GL1, 8259–GL2, Form No.
                                                                                                            complying with the AD.
                                                      Harold Haskins and William                               We agree with the commenters. Since                  09–998, revised: December 1969;
                                                    Sandmann commented they were                            the NPRM, this SNPRM adds                             —South Wind Division Stewart-Warner
                                                    unaware of a Model 8248 combustion                      combustion heater models to the                         Corporation Service Manual Beech
                                                    heater.                                                 Applicability, paragraph (c) of this                    Aircraft Corporation PM–20688, Part
                                                                                                            proposed AD. It would be appropriate to                 No. 404–001039 Heater Assy. (SW
                                                      We agree with this comment. The                       allow more time to assure that                          8253–B), revised: April 1965;
                                                    Model 8248 was included based on the                    maintenance facilities are able to                    —South Wind Division Stewart-Warner
                                                    FAA technical standard order (TSO)                      support doing the work required by the                  Corporation Service Manual South
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                                                    database. After further research, Meggitt               AD.                                                     Wind Aircraft Heater 8472 Series,
                                                    (Troy), Inc. verified that the Model 8248                  We have modified the wording for the                 Form No. 09–1015, issued: April
                                                    was included in the database in error                   initial inspection compliance times for                 1975; and
                                                    and did not exist.                                      the combustion heater inspection,                       The service information above
                                                      We have removed the Model 8248                        combustion heater installation                        describes procedures for inspection of
                                                    combustion heater from the                              inspection, and the PDT to better                     the combustion heater and inspection of
                                                    Applicability, paragraph (c) of this                    coincide with regularly scheduled                     the installation of the combustion heater
                                                    proposed AD.                                            maintenance.                                          for the applicable heater models.


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                                                                              Federal Register / Vol. 81, No. 213 / Thursday, November 3, 2016 / Proposed Rules                                                                         76535

                                                      We also reviewed Meggitt Inspection                                and repetitive general inspections of the                     If you are unable to obtain instructions
                                                    Procedure, Pressure Decay Test, Aircraft                             combustion heater installation,                               for the PDT, you must disable or remove
                                                    Heaters, dated May 17, 2014. This                                    replacing any parts or components as                          the combustion heater.
                                                    service information describes                                        necessary. This SNPRM would also                                 The service information listed in
                                                    procedures for the PDT for airplane                                  require repetitive PDTs, with                                 appendix 1 of this SNPRM did not meet
                                                    combustion heaters for all heater                                    replacement of the combustion heater                          Office of the Federal Register regulatory
                                                    models.                                                              tube, disabling, or removal of the                            requirements for incorporation by
                                                      This service information is reasonably                             combustion heater in the event of PDT                         reference approval due to the condition
                                                    available because the interested parties                             failure. This SNPRM also modifies the                         of the documents.
                                                    have access to it through their normal                               inspection and PDT compliance times                              We are evaluating the actions required
                                                    course of business or by the means                                   allowing for the inspections to coincide                      in AD 69–13–03 (38 FR 33765,
                                                    identified in the ADDRESSES section.                                 with regularly scheduled maintenance.                         December 7, 1973) and may take further
                                                                                                                         This SNPRM would not allow repair of                          AD action in the future.
                                                    FAA’s Determination                                                  the combustion heater tube.
                                                      We are proposing this SNPRM                                           For combustion heater models other                         Differences Between This SNPRM and
                                                    because we evaluated all the relevant                                than Models 8240, 8253, 8259, and                             the Service Information
                                                    information and determined the unsafe                                8472, this SNPRM does not have                                  The proposed AD would prohibit
                                                    condition described previously is likely                             referenced service information                                repair of any defective combustion tube
                                                    to exist or develop in other products of                             associated with certain required                              while the service information does not
                                                    the same type design. Certain changes                                inspections and the PDT and, if                               specify this.
                                                    described above expand the scope of                                  necessary, any replacement(s) that may
                                                                                                                         be required. Appendix 1 of this SNPRM                         Costs of Compliance
                                                    this rulemaking. As a result, we have
                                                    determined that it is necessary to reopen                            contains a listing of service information                        We estimate that this proposed AD
                                                    the comment period to provide                                        that provides specific instructions, for                      affects 6,300 combustion heaters
                                                    additional opportunity for the public to                             certain inspections and replacements,                         installed on, but not limited to, certain
                                                    comment on this SNPRM.                                               that may be used to apply for an AMOC.                        Beech, Britten-Norman, Cessna Aircraft
                                                                                                                         However, the listing in appendix 1 to                         Company, and Piper Aircraft, Inc.
                                                    Proposed Requirements of This SNPRM                                  this SNPRM does not include any                               airplanes of U.S. registry.
                                                      This SNPRM would require repetitive                                instructions for the required PDT                                We estimate the following costs to
                                                    inspections of the combustion heater                                 because these procedures do not exist.                        comply with this proposed AD:

                                                                                                                                         ESTIMATED COSTS
                                                                                                                                                                                                               Cost per            Cost on U.S.
                                                                                     Action                                                  Labor cost                         Parts cost                     product              operators

                                                    Inspections and pressure decay test of the combus-                             7 work-hours × $85 per             Not applicable ..................                 $595         $3,748,500
                                                      tion heater.                                                                   hour = $595.



                                                      We estimate the following costs to do                              that would be required based on the                           number of aircraft that might need a
                                                    any necessary combustion heater                                      results of the proposed inspections/test.                     combustion heater disable/removal/
                                                    disable/removal/related replacement                                  We have no way of determining the                             related replacement:

                                                                                                                                       ON-CONDITION COSTS
                                                                                                                                                                                                                                     Cost per
                                                                                  Action                                                            Labor cost                                         Parts cost                    product

                                                    Replace combustion heater tube ..........................                8   work-hours × $85 per hour = $680 ...................        $3,900 ...........................          $4,580
                                                    Replace temperature switches ..............................              1   work-hour × $85 per hour = $85 .......................      $320 ..............................            405
                                                    Repair pump ..........................................................   2   work-hours × $85 per hour = $170 ...................        $470 ..............................            640
                                                    Disable heater .......................................................   2   work-hours × $85 per hour = $170 ...................        Not Applicable ...............                 170
                                                    Remove heater ......................................................     3   work-hours × $85 per hour = $255 ...................        Not Applicable ...............                 255



                                                    Authority for This Rulemaking                                        section, Congress charges the FAA with                        Initial Regulatory Flexibility Analysis
                                                                                                                         promoting safe flight of civil aircraft in
                                                       Title 49 of the United States Code                                                                                                This section presents the initial
                                                                                                                         air commerce by prescribing regulations
                                                    specifies the FAA’s authority to issue                                                                                             regulatory flexibility analysis (IRFA)
                                                                                                                         for practices, methods, and procedures
                                                    rules on aviation safety. Subtitle I,                                                                                              that was done for this action. We have
                                                    section 106, describes the authority of                              the Administrator finds necessary for
                                                                                                                                                                                       reworded and reformatted for Federal
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                                                    the FAA Administrator. ‘‘Subtitle VII:                               safety in air commerce. This regulation
                                                                                                                         is within the scope of that authority                         Register publication purposes. The
                                                    Aviation Programs’’ describes in more                                                                                              IRFA in its original form can be found
                                                    detail the scope of the Agency’s                                     because it addresses an unsafe condition
                                                                                                                         that is likely to exist or develop on                         in the docket at http://
                                                    authority.                                                                                                                         www.regulations.gov.
                                                       We are issuing this rulemaking under                              products identified in this rulemaking
                                                    the authority described in Subtitle VII,                             action.
                                                    Part A, Subpart III, Section 44701:
                                                    ‘‘General requirements.’’ Under that


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                                                    76536                Federal Register / Vol. 81, No. 213 / Thursday, November 3, 2016 / Proposed Rules

                                                    Introduction and Purpose of This                        1. Objectives of, and Legal Basis for, the            airplanes, primarily Cessna 300 and 400
                                                    Analysis                                                Proposed Rule                                         series airplanes, but also installed on
                                                      The Regulatory Flexibility Act of 1980                   Title 49 of the U.S. Code specifies the            the Beech D18S twin-engine airplane
                                                    (Pub. L. 96–354) (RFA) establishes ‘‘as a               FAA’s authority to issue rules on                     and some Britten Norman twin-engine
                                                    principle of regulatory issuance that                   aviation safety. Subtitle I, section 106,             piston airplanes. The proposed AD
                                                    agencies shall endeavor, consistent with                describes the authority of the FAA                    would extend applicability to 900 series
                                                    the objectives of the rule and of                       Administrator. Subtitle VII, Aviation                 Meggitt combustion heaters installed on
                                                    applicable statutes, to fit regulatory and              Programs, describes in more detail the                certain Cessna single-engine piston
                                                    informational requirements to the scale                 scope of the FAA’s authority.                         airplanes, Cessna 310 twin-engine
                                                    of the businesses, organizations, and                      We are issuing this rulemaking under               airplanes, Lake LA–4 and LA–250
                                                    governmental jurisdictions subject to                   the authority described in subtitle VII,              airplanes, certain Ryan Navion single-
                                                    regulation.’’ To achieve this principle,                part A, subpart III, section 44701,                   engine piston airplanes and certain
                                                    the RFA requires agencies to solicit and                ‘‘General requirements.’’ Under that                  Piper PA–23 and PA–30 airplanes. The
                                                    consider flexible regulatory proposals                  section, Congress charges the FAA with                FAA estimates that there are 4,121
                                                    and to explain the rationale for their                  promoting safe flight of civil aircraft in            airplanes equipped with 8000 series
                                                    actions to assure that such proposals are               air commerce by prescribing regulations               Meggitt combustion heaters, and 2,123
                                                    seriously considered.’’ The RFA covers                  for practices, methods, and procedures                airplanes equipped with 900 series
                                                    a wide-range of small entities, including               the Administrator finds necessary for                 Meggitt combustion heaters. Since many
                                                    small businesses, not-for-profit                        safety in air commerce. This regulation               of these airplanes are registered to
                                                    organizations, and small governmental                   is within the scope of that authority                 Limited Liability Companies (LLCs),
                                                    jurisdictions.                                          because it addresses an unsafe condition              Limited Liability Partnerships (LLPs)
                                                      Agencies must perform a review to                     that is likely to exist or develop on the             and other company forms typically
                                                    determine whether a rule will have a                    airplanes identified in this proposed                 suited for single proprietors, small
                                                    significant economic impact on a                        AD.                                                   partnerships, etc., we conclude that the
                                                    substantial number of small entities. If                                                                      proposed rule would affect a substantial
                                                                                                            2. A Description of the Reasons Action                number of small entities.
                                                    the agency determines that it will, the
                                                                                                            by the Agency Is Being Considered
                                                    agency must prepare an initial                                                                                4. Duplicative, Overlapping or
                                                    regulatory flexibility analysis (IRFA) as                  This proposed AD stems from the
                                                                                                            crash of a Cessna 401 near Chanute,                   Conflicting Federal Rules
                                                    described in the RFA. The FAA finds
                                                    that the proposed AD would have a                       Kansas, on May 11, 2012, killing the                     The FAA is unaware of any Federal
                                                    significant economic impact on a                        pilot and three of the four passengers                rules that duplicate, overlap, or conflict
                                                    substantial number of small entities.                   aboard, and seriously injuring the fourth             with this proposed AD.
                                                    Accordingly, in the following sections                  passenger. According to the NTSB                      5. Significant Alternatives to the
                                                    we discuss the compliance requirements                  report, the crash occurred after dark                 Proposed Rule
                                                    of the proposed AD, the cost of                         smoke emanated from the cabin heater
                                                    compliance, and the economic impact                     and entered the cabin obscuring the                      Because of an unsafe condition that is
                                                    on small entities.                                      occupants’ vision. According to the                   likely to exist or develop on the
                                                      Section 603(a) of the RFA requires                    Report: ‘‘The smoke likely interfered                 airplanes identified in this proposed
                                                    that each initial regulatory flexibility                with the pilot’s ability to identify a safe           AD, there is no feasible significant
                                                    analysis contain:                                       landing site.’’ When the pilot attempted              alternative to requiring the actions of
                                                    —A description of the reasons action by                 an emergency landing in a field, the                  this proposed AD. The FAA invites
                                                      the agency is being considered;                       airplane’s wing contacted the ground                  public comment on this determination.
                                                    —A succinct statement of the objectives                 and the airplane cartwheeled.                            The FAA considered allowing more
                                                      of, and legal basis for, the proposed                    The NTSB determined the probable                   flight hours or calendar time before
                                                      rule;                                                 cause of the accident to be:                          requiring compliance, but this
                                                    —A description of and, where feasible,                                                                        alternative would increase the risk of
                                                                                                            The malfunction of the cabin heater, which
                                                      an estimate of the number of small                    resulted in an inflight fire and smoke in the
                                                                                                                                                                  another fatal accident. This proposed
                                                      entities to which the proposed rule                   airplane. Contributing to the accident was the        AD allows the combustion heater to be
                                                      will apply;                                           pilot’s lack of understanding concerning the          disconnected or removed, but, as noted
                                                    —A description of the projected                         status of the airplane’s heater system                above, operating without a heater is
                                                      reporting, recordkeeping and other                    following an earlier overheat event and the           unlikely to be viable.
                                                      compliance requirements of the                        risk of its continued use. Also contributing
                                                      proposed rule, including an estimate                  were the inadequate inspection criteria for           6. Reporting, Recordkeeping, and Other
                                                      of the classes of small entities which                the cabin heater.                                     Compliance Requirements of the
                                                      will be subject to the requirement and                  As result of this accident, the FAA is              Proposed Rule
                                                      the type of professional skills                       proposing this AD to detect and correct                  Small entities would incur no new
                                                      necessary for preparation of the report               a hazardous condition caused by                       reporting and recordkeeping
                                                      or record; and to the extent                          deterioration of the combustion heater,               requirements as a result of this rule.
                                                      practicable, an identification of all                 a condition that could lead to ignition               Compliance Requirements
                                                      relevant Federal rules which may                      of heater components and result in
                                                      duplicate, overlap or conflict with the               smoke and fumes in the airplane cabin.                  This proposed AD would carry over
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                                                      proposed rule; and                                                                                          the following requirements from AD 81–
                                                    —A description of any significant                       3. A Description of and an Estimate of                09–09:
                                                      alternatives to the proposed rule                     the Number of Small Entities To Which                 —Conduction of the 250-hour heater
                                                      which accomplish the stated                           the Proposed Rule Will Apply                            inspection every 250 hours of heater
                                                      objectives of applicable statues and                     This proposed AD would supersede                     operation, in accordance with the
                                                      which minimize any significant                        AD 81–09–09, which applies to 8000                      manufacturer’s service manual. We
                                                      economic impact of the proposed rule                  series Meggitt combustion heaters                       estimate the labor cost of this action
                                                      on small entities.                                    installed on certain twin-engine piston                 to be 2 hours × $85 = $170.


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                                                                         Federal Register / Vol. 81, No. 213 / Thursday, November 3, 2016 / Proposed Rules                                         76537

                                                    —General inspection of the heater                       Cost of Compliance                                      As the table shows, we estimate the
                                                     installation at the same time as the                      In calculating the cost of compliance,             present value cost of compliance to be
                                                     250-hour inspection. We estimate the                   we assume that operating without a                    $6,020 for airplanes equipped with 8000
                                                     labor cost of this action to also be 2                 heater is unlikely to be viable. We                   series Meggitt combustion heaters and
                                                     hours × $85 = $170.                                    estimate the ten-year cost of the                     $7,514 for airplanes equipped with 900
                                                      Since the proposed rule would extend                  proposed rule. Based on data in the                   series Meggitt combustion heaters. The
                                                    applicability to 900 series heaters                     2014 GA Survey, we can somewhat                       lower cost for airplanes with 8000 series
                                                    Meggitt combustion heaters, which are                   conservatively assume that average                    combustion heaters reflects the
                                                    installed on certain airplanes, there is                flight hours per airplane per year are                previously noted fact that 8000 series
                                                    an incremental cost associated with the                 about 100 hours. We estimate heater                   heaters are currently subject to the 250-
                                                    existing requirement for these two                      time to be 50 percent of airplane flight              hour inspection and installation
                                                    inspections. There is no incremental                    hours so, on average, flight hours will               inspection requirements, and, therefore,
                                                    cost associated with applicability to                   accumulate to about 1,000 hours in ten                the incremental cost would be
                                                    8000 series heaters, installed on certain               years and heater time will accumulate to              correspondingly less for airplanes with
                                                    airplanes, as the current rule already                  about 500 hours. Since requirements for               8000 series combustion heaters
                                                    applies to these heaters.                               inspection internals are ‘‘250 hours of               compared to airplanes with 900 series
                                                      This proposed AD would add the                        combustion heater operations or two                   heaters.
                                                    following new provisions, which will                    years, whichever occurs first,’’ we
                                                                                                            expect inspections to usually occur                   Economic Impact on Small Entities
                                                    apply to both 900 and 8000 series
                                                    heaters installed on certain airplanes:                 every two years. As will be seen below,
                                                                                                                                                                    If the cost of compliance is greater
                                                                                                            compliance costs are dominated by the
                                                    —During each 250-hour inspection                                                                              than 2 percent of the value of an
                                                                                                            almost immediate requirement for the
                                                     more detailed actions would be                                                                               operator’s airplane, the FAA considers
                                                                                                            PDT test.
                                                     required, namely inspection of the                                                                           the cost impact to be significant. So if
                                                     thermostat and upper limit switches,                   Pressure Decay Test                                   the value of an airplane equipped with
                                                     and inspection of the solenoid valve                      The FAA estimates that 90 percent of               an affected Meggitt combustion heater is
                                                     and fuel pump. In conjunction with                     combustion tubes tested will fail the                 less than 50 times the cost of
                                                     the 250-hour and installation                          first PDT test. Since replacing the                   compliance, we consider that the
                                                     inspections already required, the                      combustion tube, like an overhaul,                    operator of the airplane would incur a
                                                     labor cost of these more detailed                      requires complete disassembly of the                  substantial economic impact. With a
                                                     actions would be one hour of labor at                  combustion heater, we somewhat                        present value cost of about $6,000 for
                                                     $85. ‘‘On-condition’’ costs to replace                 conservatively assume that operators                  airplanes equipped with 8000 series
                                                     the temperature switches would be an                   will overhaul their combustion heaters                Meggitt combustion heaters, the FAA
                                                     additional hour of labor ($85) and                     at $4,580, rather than simply replace the             considers the cost impact to be
                                                     $320 in materials cost, for a total of                 combustion tube, at $4,900. Major                     significant for all such airplanes with
                                                     $405. On-condition costs to repair/                    components such as the combustion                     values below about $300,000. With a
                                                     overhaul the pump would be an                          tube, fuel pump, and temperature                      present value cost of about $7,500 for
                                                     additional two hours of labor ($170)                   switches that are typically replaced or               airplanes equipped with 900 series
                                                     and $470 in materials cost for a total                 overhauled in a combustion heater                     Meggitt combustion heaters, the FAA
                                                     of $640.                                               overhaul have service lives of 750 heater             considers the cost impact to be
                                                    —Operators would be required to                         hours, equivalent to about 1,500 flight               significant for all such airplanes with
                                                     replace defective combustion tubes                     hours or 15 years. Therefore, we assume               values below about $350,000. The
                                                     with new tubes as repair of                            that once replaced or overhauled, these               airplanes equipped with the affected
                                                     combustion tubes would be                              components will not need to be                        heaters are single- and twin-engine
                                                     prohibited. We estimate the cost of                    replaced during our 10-year period of                 piston airplanes that, for the most part,
                                                                                                            cost estimation. So aside from the initial            were manufactured from the 1940s to
                                                     prohibiting repair of combustion
                                                                                                            tube replacement, we estimate that, for               the 1980s, and range in price from about
                                                     tubes to be minimal as industry
                                                                                                            inspections required by this proposed                 $350,000 for a Cessna 221C Golden
                                                     reports that the Meggitt heater
                                                                                                            AD, ‘‘on-condition’’ costs would be                   Eagle down to a price as low as $30,000
                                                     combustion tubes are effectively non-
                                                                                                            minimal.                                              for a Piper 23–150 Apache. Accordingly,
                                                     repairable.                                               Table 1 below shows our calculation
                                                    —At the same time as the 250-hour and                                                                         most of the 6,244 airplanes equipped
                                                                                                            of compliance cost for airplanes with
                                                     installation inspection, a combustion                                                                        with Meggitt combustion heaters have
                                                                                                            the affected Meggitt combustion heaters.
                                                     heater pressure decay test (PDT)                       We assume the rule to be effective in                 values low enough to consider that the
                                                     would be required. The PDT would                       2017 and, as discussed above, in the                  airplane operators would incur a
                                                     cost $170. If the combustion heater                    first year we assume the combustion                   significant economic impact. As noted
                                                     fails the PDT, the operator would be                   heater fails the PDT resulting in a                   above, many of these airplanes are
                                                     required to replace the combustion                     subsequent overhaul. For the 8000                     registered to LLCs and other small
                                                     tube at an installed cost of $4,580.                   series heaters note that the $935 labor               companies.
                                                    —Operators have the options of                          cost for 2017 includes three hours of                   The FAA therefore concludes that this
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                                                     disabling the heater at an estimated                   labor ($255) for the detailed inspection              proposed AD would have a significant
                                                     cost of $170 or removing it at                         and the PDT in addition to eight hours                economic impact on a substantial
                                                     estimated cost of $255.                                of labor for the overhaul ($680).                     number of small entities.




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                                                    76538                    Federal Register / Vol. 81, No. 213 / Thursday, November 3, 2016 / Proposed Rules

                                                                                                                                 TABLE 1—COSTS OF COMPLIANCE
                                                                                                                                           Mtls + labor                                                                          Discount factor
                                                              Year                 Materials cost                Labor cost                                                                Actions                                                          PV Cost
                                                                                                                                               cost                                                                                  (@7%)

                                                                                                                  Airplanes with 8000 Series Meggitt Combustion Heaters

                                                    2017 .......................                $4,220                       $935                     $5,155        Detailed inspection (1 hr labor),                                           1.000           $5,155
                                                                                                                                                                      PDT (2 hrs labor)—Overhaul
                                                                                                                                                                      after assumed failure (8 hrs
                                                                                                                                                                      labor, $4,220 materials).
                                                    2019 .......................   ........................                     255                       255       Detailed inspection (1 hr labor),                                          0.873              223
                                                                                                                                                                     PDT inspection (2 hrs labor).
                                                    2021 .......................   ........................                     255                       255       Detailed inspection (1 hr labor),                                          0.763              195
                                                                                                                                                                     PDT inspection (2 hrs labor).
                                                    2023 .......................   ........................                     255                       255       Detailed inspection (1 hr labor),                                          0.666              170
                                                                                                                                                                     PDT inspection (2 hrs labor).
                                                    2025 .......................   ........................                     255                       255       Detailed inspection (1 hr labor),                                          0.582              148
                                                                                                                                                                     PDT inspection (2 hrs labor).
                                                    2027 .......................   ........................                     255                       255       Detailed inspection (1 hr labor),                                          0.508              130
                                                                                                                                                                     PDT inspection (2 hrs labor).

                                                          Total PV Cost            ........................   ........................   ........................   ..........................................................   ........................        6,020

                                                                                                                   Airplanes with 900 Series Combustion Meggitt Heaters

                                                    2017 .......................                  4,220                      1,275                      5,495       250-hr inspection (2 hrs labor), in-                                        1.000            5,495
                                                                                                                                                                      stallation inspection (2 hrs labor),
                                                                                                                                                                      detailed inspection (1 hr labor),
                                                                                                                                                                      PDT (2 hrs labor)—Overhaul
                                                                                                                                                                      after assumed failure (8 hrs
                                                                                                                                                                      labor, 4,220 materials).
                                                    2019 .......................   ........................                     595                       595       250-hr inspection (2 hrs labor), in-                                        0.873             520
                                                                                                                                                                      stallation inspection (2 hrs labor),
                                                                                                                                                                      detailed inspection (1 hr labor),
                                                                                                                                                                      PDT (2 hrs labor).
                                                    2021 .......................   ........................                     595                       595       250-hr inspection (2 hrs labor), in-                                        0.763             454
                                                                                                                                                                      stallation inspection (2 hrs labor),
                                                                                                                                                                      detailed inspection (1 hr labor),
                                                                                                                                                                      PDT (2 hrs labor).
                                                    2023 .......................   ........................                     595                       595       250-hr inspection (2 hrs labor), in-                                        0.666             396
                                                                                                                                                                      stallation inspection (2 hrs labor),
                                                                                                                                                                      detailed inspection (1 hr labor),
                                                                                                                                                                      PDT (2 hrs labor).
                                                    2025 .......................   ........................                     595                       595       250-hr inspection (2 hrs labor), in-                                        0.582             346
                                                                                                                                                                      stallation inspection (2 hrs labor),
                                                                                                                                                                      detailed inspection (1 hr labor),
                                                                                                                                                                      PDT (2 hrs labor).
                                                    2027 .......................   ........................                     595                       595       250-hr inspection (2 hrs labor), in-                                        0.508             302
                                                                                                                                                                      stallation inspection (2 hrs labor),
                                                                                                                                                                      detailed inspection (1 hr labor),
                                                                                                                                                                      PDT (2 hrs labor).

                                                          Total PV Cost            ........................   ........................   ........................   ..........................................................   ........................        7,514



                                                    Regulatory Findings                                                     Procedures (44 FR 11034, February 26,                                         the FAA proposes to amend 14 CFR part
                                                      We determined that this proposed AD                                   1979),                                                                        39 as follows:
                                                                                                                              (3) Will not affect intrastate aviation
                                                    would not have federalism implications
                                                                                                                            in Alaska, and                                                                PART 39—AIRWORTHINESS
                                                    under Executive Order 13132. This                                         (4) Will have a significant economic                                        DIRECTIVES
                                                    proposed AD would not have a                                            impact, positive or negative, on a
                                                    substantial direct effect on the States, on                             substantial number of small entities
                                                    the relationship between the national                                                                                                                 ■ 1. The authority citation for part 39
                                                                                                                            under the criteria of the Regulatory                                          continues to read as follows:
                                                    Government and the States, or on the                                    Flexibility Act.
                                                    distribution of power and                                                                                                                                 Authority: 49 U.S.C. 106(g), 40113, 44701.
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                                                    responsibilities among the various                                      List of Subjects in 14 CFR Part 39
                                                    levels of government.                                                                                                                                 § 39.13        [Amended]
                                                                                                                              Air transportation, Aircraft, Aviation
                                                      For the reasons discussed above, I                                    safety, Incorporation by reference,                                           ■ 2. The FAA amends § 39.13 by
                                                    certify this proposed regulation:                                       Safety.                                                                       removing AD 81–09–09, Amendment
                                                      (1) Is not a ‘‘significant regulatory                                                                                                               39–4102 (46 FR 24936, May 4, 1981)
                                                    action’’ under Executive Order 12866,                                   The Proposed Amendment
                                                                                                                                                                                                          and adding the following new
                                                      (2) Is not a ‘‘significant rule’’ under                                 Accordingly, under the authority                                            airworthiness directive (AD):
                                                    the DOT Regulatory Policies and                                         delegated to me by the Administrator,


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                                                                         Federal Register / Vol. 81, No. 213 / Thursday, November 3, 2016 / Proposed Rules                                               76539

                                                    Meggitt (Troy), Inc.: Docket No. FAA–2014–                 (2) Inspections using the steps listed in            (iii) South Wind Division Stewart-Warner
                                                       0603; Directorate Identifier 2013–CE–                paragraphs (g)(2)(i) through (v) of this AD:          Corporation Service Manual South Wind
                                                       026–AD.                                                 (i) Inspect the thermostat switch (external        Aircraft Heater 8472 Series, Form No. 09–
                                                                                                            from heater) and upper limit switch (located          1015, issued: April 1975.
                                                    (a) Comments Due Date                                   on the heater). In cold static condition, both          (2) For the pressure decay test (PDT)
                                                      We must receive comments by December                  switches should be in closed position; in             required in paragraph (g)(4) of this AD, use
                                                    19, 2016.                                               operation (hot) condition, both switches              Meggitt Inspection Procedure, Pressure Decay
                                                                                                            should regulate their sensed temperatures             Test, Aircraft Heaters, IP–347, dated May 17,
                                                    (b) Affected ADs
                                                                                                            within +/¥10 degrees F.                               2014, or do one of the actions in paragraph
                                                      This AD replaces AD 81–09–09,                            (ii) Inspect the solenoid valve and fuel           (k)(1) or (2) of this AD.
                                                    Amendment 39–4102 (46 FR 24936, May 4,                  pump for fuel leak, corrosion, diaphragm
                                                    1981).                                                  crack, metal shavings, and excess grease.             (j) Procedures for Inspection, PDT, and
                                                                                                               (iii) With the heater operating, inspect the       Replacement for Models Other Than Models
                                                    (c) Applicability                                                                                             8240, 8253, 8259, and 8472
                                                                                                            fuel pump output pressure for proper gauge
                                                       (1) This AD applies to Meggitt (Troy), Inc.          hook up and pressure range readings.                     This AD does not have referenced service
                                                    (previously known as Stewart Warner South                  (iv) Inspect the combustion heater’s fuel          information associated with the mandatory
                                                    Wind Corporation and as Stewart Warner                  pump operating pressure to assure it is not           requirements of this AD for models other
                                                    South Wind Division) Models (to include all             affected by other on-board pumps.                     than Models 8240, 8253, 8259, and 8472. For
                                                    dash number and model number variants)                     (v) Inspect the heater to assure it instantly      the required inspections and PDT specified
                                                    921, 930, 937, 940, 944, 945, 977, 978, 979,            responds to the on/off switch.
                                                    8240, 8253, 8259, and 8472 combustion                                                                         in paragraphs (g)(1) and (4) of this AD and,
                                                                                                               (3) Installation inspections and checks            if necessary, any replacement(s) specified in
                                                    heaters that:                                           using the steps listed in paragraphs (g)(3)(i)
                                                       (i) Are installed on, but not limited to,                                                                  paragraph (h) of this AD, you must contact
                                                                                                            through (iv) of this AD:                              the manufacturer to obtain FAA-approved
                                                    certain Beech, Britten-Norman, Cessna                      (i) Inspect ventilating air and combustion
                                                    Aircraft Company, and Piper Aircraft, Inc.                                                                    inspection, replacement, and PDT procedures
                                                                                                            air inlets and exhaust outlet correcting any          approved specifically for this AD and
                                                    airplanes; and                                          restrictions and ensure attachment security.
                                                       (ii) certificated in any category.                                                                         implement those procedures through an
                                                                                                               (ii) Inspect drain line and ensure it is free      alternative method of compliance (AMOC) or
                                                    (d) Subject                                             of obstruction.                                       do one of the actions in paragraph (k)(1) or
                                                                                                               (iii) Check all fuel lines for security at         (2) of this AD. You may use the contact
                                                      Joint Aircraft System Component (JASC)/
                                                                                                            joints and shrouds, correcting/replacing              information found in paragraph (n)(2) to
                                                    Air Transport Association (ATA) of America
                                                                                                            those showing evidence of looseness or                contact the manufacturer. Appendix 1 of this
                                                    Code 2140; Heating System.
                                                                                                            leakage.                                              AD contains a listing of service information
                                                    (e) Unsafe Condition                                       (iv) Check all electrical wiring for security      that provides specific instructions, for certain
                                                       This AD was prompted by an airplane                  at attachment points, correcting conditions
                                                                                                                                                                  inspections and replacements, that you may
                                                    accident and reports we received that the               leading to arcing, chafing or looseness.
                                                                                                                                                                  use to apply for an AMOC following
                                                    combustion heater was malfunctioning. We                   (4) Pressure decay test using the
                                                                                                                                                                  paragraph (m) of this AD. The service
                                                    are issuing this AD to detect and correct a             instructions in paragraph (i)(2) or (j) of this
                                                                                                                                                                  information listed in appendix 1 of this AD
                                                    hazardous condition caused by deterioration             AD, as applicable.
                                                                                                                                                                  did not meet Office of the Federal Register
                                                    of the combustion heater, which could lead              (h) Replacement of the Heater Tube and/or             regulatory requirements for incorporation by
                                                    to ignition of components and result in                 Correct or Replace Other Assemblies                   reference approval due to the condition of
                                                    smoke and fumes in the cabin.                                                                                 the documents. However, the listing in
                                                                                                              If any discrepancies are found during any
                                                    (f) Compliance                                          of the inspections/tests required in                  appendix 1 to this AD does not include any
                                                                                                            paragraphs (g)(1), (2), (3), and/or (4) of this       instructions for the PDT required in
                                                       Comply with this AD by doing one of the                                                                    paragraph (g)(4) because these procedures do
                                                    actions in paragraphs (f)(1), (2), or (3) of this       AD, before further flight, replace the
                                                                                                            defective heater tube and/or correct or               not exist.
                                                    AD at the compliance times indicated, unless
                                                    already done. If the hours of combustion                replace other defective assemblies as                 (k) Disable or Removal of the Combustion
                                                    heater operation cannot be determined, use              necessary. You must use the instructions in           Heater
                                                    50 percent of the airplane’s hours time-in-             paragraph (i) or (j) of this AD, as applicable,
                                                                                                            to do any necessary replacements. This AD                As an option to the inspection and
                                                    service (TIS):                                                                                                replacement actions specified in paragraphs
                                                       (1) Perform the actions specified in                 does not allow repair of the combustion tube.
                                                                                                            You may do one of the actions in paragraph            (g) and (h) of this AD, within the next 10
                                                    paragraphs (g) through (j) of this AD;                                                                        hours TIS of the combustion heater after the
                                                       (2) Disable the heater following the                 (k)(1) or (2) of this AD in lieu of doing the
                                                                                                            replacements required by paragraph (h).               effective date of this AD or the next
                                                    instructions in paragraph (k)(1) of this AD; or
                                                                                                                                                                  scheduled 100-hour inspection, annual
                                                       (3) Remove the heater following the                  (i) Procedures for Inspection, PDT, and               inspection, or phase inspection that occurs
                                                    instructions in paragraph (k)(2) of this AD.            Replacement for Models 8240, 8253, 8259,              30 days after the effective date of this AD,
                                                    (g) Inspections and Pressure Decay Test                 and 8472                                              whichever occurs first, do one of the
                                                    (PDT) of the Combustion Heater                             (1) For the inspections required in                following actions:
                                                       Within the next 10 hours TIS of the                  paragraph (g)(1) of this AD and the                      (1) Disable the heater by the following
                                                    combustion heater after the effective date of           replacement(s) that may be required in                actions:
                                                    this AD or the next scheduled 100-hour                  paragraph (h) of this AD, use the service                (i) Disconnect and cap the heater fuel
                                                    inspection, annual inspection, or phase                 information listed in paragraphs (i)(1)(i)            supply;
                                                    inspection that occurs 30 days after the                through (iii) of this AD, as applicable, or do           (ii) Disconnect circuit breakers;
                                                    effective date of this AD, whichever occurs             one of the actions in paragraph (k)(1) or (2)            (iii) Tag the main switch ‘‘Heater
                                                    first, and repetitively thereafter at intervals         of this AD.                                           Inoperable’’; and
                                                    not to exceed 250 hours of combustion heater               (i) Stewart-Warner South Wind                         (iv) The ventilation blower can stay
                                                    operation or two years, whichever occurs                Corporation South Wind Service Manual for             functional.
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                                                    first, do the following inspections and PDT             Stewart Warner South Wind Aircraft Heaters               (v) If you re-enable the combustion heater,
                                                    listed in paragraphs (g)(1) through (4) of this         8240–A, 8240–C, 8259–A, 8259–C, 8259–DL,              you must perform one of the actions in
                                                    AD. You may do one of the actions in                    8259–FL1, 8259–GL1, 8259–GL2, Form No.                paragraphs (f)(1) through (3) of this AD.
                                                    paragraph (k)(1) or (2) of this AD in lieu of           09–998, revised: December 1969;                          (2) Remove the heater by the following
                                                    doing the inspections required by paragraph                (ii) South Wind Division Stewart-Warner            actions:
                                                    (g).                                                    Corporation Beech Aircraft Corporation                   (i) Disconnect and cap the heater fuel
                                                       (1) Inspections using the instructions in            Service Manual PM–20688, Part No. 404–                supply;
                                                    paragraph (i)(1) or (j) of this AD, as                  001039 Heater Assy. (SW 8253–B), revised:                (ii) Disconnect/remove circuit breakers;
                                                    applicable.                                             April 1965; or                                           (iii) Remove exhaust pipe extension;



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                                                    76540                Federal Register / Vol. 81, No. 213 / Thursday, November 3, 2016 / Proposed Rules

                                                      (iv) Cap the exhaust opening;                         —Stewart-Warner Corporation South Wind                W12–140, 1200 New Jersey Avenue SE.,
                                                      (v) Remove the heater; and                             Division Service Manual South Wind                   Washington, DC 20590.
                                                      (vi) Do weight and balance for the aircraft.           Model 978 Personal Heater, Form No.
                                                      (vii) If you install an applicable                     PM6348 (12–56);                                        • Hand Delivery: Deliver to Mail
                                                    combustion heater, you must perform one of              —South Wind Service Manual Model 979–B1               address above between 9 a.m. and 5
                                                    the actions in paragraphs (f)(1) through (3) of          Aircraft Heater, South Wind Division of              p.m., Monday through Friday, except
                                                    this AD.                                                 Stewart-Warner Corporation, (3–51);                  Federal holidays.
                                                    (l) Special Flight Permit                               —Navion Model 977–B Installation Manual                 For service information identified in
                                                                                                             Section I, Section II, Section III, and
                                                       Special flight permits are permitted in               Section IV.
                                                                                                                                                                  this NPRM, contact General Electric
                                                    accordance with 14 CFR 39.23 with the                                                                         Company, GE Aviation, Room 285, 1
                                                    following limitation: Use of the heater is not            Issued in Kansas City, Missouri, on                 Neumann Way, Cincinnati, OH 45215;
                                                    allowed.                                                October 27, 2016.                                     phone: 513–552–3272; email: geae.aoc@
                                                                                                            Pat Mullen,                                           ge.com. You may view this service
                                                    (m) Alternative Methods of Compliance
                                                    (AMOCs)                                                 Acting Manager, Small Airplane Directorate,           information at the FAA, Engine &
                                                                                                            Aircraft Certification Service.                       Propeller Directorate, 1200 District
                                                       (1) The Manager, Chicago Aircraft
                                                    Certification Office (ACO), FAA, has the                [FR Doc. 2016–26428 Filed 11–2–16; 8:45 am]           Avenue, Burlington, MA. For
                                                    authority to approve AMOCs for this AD, if              BILLING CODE 4910–13–P                                information on the availability of this
                                                    requested using the procedures found in 14                                                                    material at the FAA, call 781–238–7125.
                                                    CFR 39.19. In accordance with 14 CFR 39.19,
                                                    send your request to your principal inspector           DEPARTMENT OF TRANSPORTATION                          Examining the AD Docket
                                                    or local Flight Standards District Office, as
                                                    appropriate. If sending information directly            Federal Aviation Administration                          You may examine the AD docket on
                                                    to the manager of the ACO, send it to the                                                                     the Internet at http://
                                                    attention of the person identified in                   14 CFR Part 39                                        www.regulations.gov by searching for
                                                    paragraph (o)(1) of this AD.                                                                                  and locating Docket No. FAA–2015–
                                                       (2) Before using any approved AMOC,                  [Docket No. FAA–2015–0165; Directorate                0165; or in person at the Docket
                                                    notify your appropriate principal inspector,            Identifier 2015–NE–02–AD]                             Management Facility between 9 a.m.
                                                    or lacking a principal inspector, the manager
                                                                                                                                                                  and 5 p.m., Monday through Friday,
                                                    of the local flight standards district office/          RIN 2120–AA64
                                                    certificate holding district office.                                                                          except Federal holidays. The AD docket
                                                       (3) AMOCs approved for AD 81–09–09 (46               Airworthiness Directives; General                     contains this proposed AD, the
                                                    FR 24936, May 4, 1981) are not approved as              Electric Company Turbofan Engines                     regulatory evaluation, any comments
                                                    AMOCs for this AD.                                                                                            received, and other information. The
                                                                                                            AGENCY: Federal Aviation                              street address for the Docket Office
                                                    (n) Related Information
                                                                                                            Administration (FAA), DOT.                            (phone: 800–647–5527) is in the
                                                       (1) For more information about this AD,                                                                    ADDRESSES section. Comments will be
                                                                                                            ACTION: Notice of proposed rulemaking
                                                    contact Chung-Der Young, Aerospace
                                                    Engineer, Chicago Aircraft Certification                (NPRM).                                               available in the AD docket shortly after
                                                    Office, FAA, Small Airplane Directorate,                                                                      receipt.
                                                    2300 East Devon Avenue, Des Plaines, IL                 SUMMARY:   We propose to supersede
                                                                                                            airworthiness directive (AD) 2015–15–                 FOR FURTHER INFORMATION CONTACT:
                                                    60018–4696; telephone (847) 294–7309; fax
                                                                                                            03, which applies to all General Electric             Christopher McGuire, Aerospace
                                                    (847) 294–7834 email: chung-der.young@
                                                    faa.gov.                                                Company (GE) GEnx turbofan engine                     Engineer, Engine Certification Office,
                                                       (2) For service information identified in            models. AD 2015–15–03 precludes the                   FAA, Engine & Propeller Directorate,
                                                    this AD, contact Meggitt Control Systems, 3             use of certain full authority digital                 1200 District Avenue, Burlington, MA
                                                    Industrial Drive, Troy, Indiana 47588;                  engine control (FADEC) software on                    01803; phone: 781–238–7120; fax: 781–
                                                    telephone: (812) 547–7071; fax: (812) 547–                                                                    238–7199; email: chris.mcguire@faa.gov.
                                                                                                            GEnx turbofan engines. Since we issued
                                                    2488; email: infotroy@meggitt.com; Internet:
                                                    www.stewart-warner.com. You may view this               AD 2015–15–03, GE implemented final                   SUPPLEMENTARY INFORMATION:
                                                    referenced service information at the FAA,              design changes that remove the unsafe
                                                                                                            condition. This proposed AD would                     Comments Invited
                                                    Small Airplane Directorate, 901 Locust,
                                                    Kansas City, Missouri 64106. For information            require removing a specific part and                     We invite you to send any written
                                                    on the availability of this material at the             replacing it with a part eligible for                 relevant data, views, or arguments about
                                                    FAA, call (816) 329–4148.                               installation and specifying the FADEC                 this proposed AD. Send your comments
                                                    Appendix 1 to Docket No. FAA–2016–0603                  software version for the affected GEnx                to an address listed under the
                                                      The following service information applies             turbofan engines. We are proposing this               ADDRESSES section. Include ‘‘Docket No.
                                                    to certain combustion heater models affected            AD to prevent engine failure, loss of                 FAA–2015–0165; Directorate Identifier
                                                    by this AD, but the service information can             thrust control, and damage to the                     2015–NE–02–AD’’ at the beginning of
                                                    not be required by the AD. You may use this             airplane.                                             your comments. We specifically invite
                                                    service information for procedural guidance                                                                   comments on the overall regulatory,
                                                    when applying for an alternative method of
                                                                                                            DATES:  We must receive comments on
                                                    compliance.                                             this proposed AD by January 3, 2017.                  economic, environmental, and energy
                                                                                                            ADDRESSES: You may send comments,                     aspects of this NPRM. We will consider
                                                    —South Wind Service Manual P.M. 35710
                                                      Aircraft Heaters 8240–E, 8259–HL1, HL2,               using the procedures found in 14 CFR                  all comments received by the closing
                                                      -L, supplements attached HR2.JR2.M;                   11.43 and 11.45, by any of the following              date and may amend this NPRM
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    —South Wind Service Manual PM35710                      methods:                                              because of those comments.
                                                      Aircraft Heaters                                        • Federal eRulemaking Portal: Go to                    We will post all comments we
                                                    —Stewart-Warner Corporation South Wind                  http://www.regulations.gov. Follow the                receive, without change, to http://
                                                      Division Service Manual South Wind
                                                      Aircraft Heaters Series 921 and 930, Ind-
                                                                                                            instructions for submitting comments.                 www.regulations.gov, including any
                                                      506, Revision 4–53;                                     • Fax: 202–493–2251.                                personal information you provide. We
                                                    —Stewart-Warner Corporation South Wind                    • Mail: U.S. Department of                          will also post a report summarizing each
                                                      Division Service Manual SouthWind Series              Transportation, Docket Operations, M–                 substantive verbal contact we receive
                                                      940 Heater, PM–10035, Revision 3–82;                  30, West Building Ground Floor, Room                  about this NPRM.


                                               VerDate Sep<11>2014   16:37 Nov 02, 2016   Jkt 241001   PO 00000   Frm 00009   Fmt 4702   Sfmt 4702   E:\FR\FM\03NOP1.SGM   03NOP1



Document Created: 2016-11-03 03:24:29
Document Modified: 2016-11-03 03:24:29
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionSupplemental notice of proposed rulemaking (SNPRM); reopening of comment period.
DatesThe comment period for the NPRM published in the Federal Register on August 20, 2014 (79 FR 49249) is reopened. We must receive comments on this SNPRM by December 19, 2016.
ContactChung-Der Young, Aerospace Engineer, Chicago Aircraft Certification Office, FAA, Small Airplane Directorate, 2300 East Devon Avenue, Des Plaines, IL 60018-4696; telephone (847) 294-7309; fax (847) 294-7834 email: [email protected]
FR Citation81 FR 76532 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

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