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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2016-9254; Directorate Identifier 2015-CE-030-AD;
Amendment 39-18948; AD 2017-14-04]
RIN 2120-AA64
Airworthiness Directives; Piper Aircraft, Inc. Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: We are superseding Airworthiness Directive (AD) 95-26-13
for
certain Piper Aircraft, Inc. Models PA-28-140, PA-28-150, PA-28-151,
PA-28-161, PA-28-160, PA-28-180, PA-28-181, PA-28-235, PA-28-236, PA-
28R-180, PA-28R-200, PA-28R-201, PA-28S-160, PA-28S-180, PA-32-260, PA-
32-300, PA-32-301, PA-32-301T, PA-32R-300, PA-32R-301 (SP), PA-32R-301
(HP), PA-32R-301T, PA-32RT-300, PA-32RT-300T, and PA-32S-300 airplanes
equipped with oil cooler hose assemblies that do not meet certain
technical standard order (TSO) requirements. AD 95-26-13 required
inspections, replacement, and adjustment of the oil cooler hose
assemblies, as well as providing for a terminating action. This AD
retains all of the requirements of AD 95-26-13 and adds language to
clarify those requirements. This AD was prompted by several inquiries
asking for clarification of the AD's applicability and compliance
requirements. We are issuing this AD to correct the unsafe condition on
these products.
DATES: This AD is effective August 15, 2017.
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-2016-9254;
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 AD, the regulatory evaluation, any comments received, and
other information. The address for the Docket Office (phone: 800-647-
5527) is Document Management Facility, U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Gary Wechsler, Aerospace Engineer,
FAA, Atlanta Aircraft Certification Office, 1701 Columbia Avenue,
College Park, Georgia 30337; telephone: (404) 474-5575; fax: (404) 474-
5606; email: gary.wechsler@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 95-26-13, Amendment 39-9472 (60 FR 67321,
December 29, 1995) (``AD 95-26-13''). AD 95-26-13 applied to certain
Piper Aircraft, Inc. Models PA-28-140, PA-28-150, PA-28-151, PA-28-161,
PA-28-160, PA-28-180, PA-28-181, PA-28-235, PA-28-236, PA-28R-180, PA-
28R-200, PA-28R-201, PA-28S-160, PA-28S-180, PA-32-260, PA-32-300, PA-
32-301, PA-32-301T, PA-32R-300, PA-32R-301 (SP), PA-32R-301 (HP), PA-
32R-301T, PA-32RT-300, PA-32RT-300T, and PA-32S-300 airplanes equipped
with oil cooler hose assemblies that do not meet technical standard
order C53a (TSO-C53a) Type D requirements. The NPRM published in the
Federal Register on October 21, 2016 (81 FR 72742). The NPRM was
prompted by several inquiries asking for clarification of the AD's
applicability and compliance requirements. The NPRM proposed to retain
all of the requirements of AD 95-26-13 and add language to clarify
those requirements. We are issuing this AD to correct the unsafe
condition on these products.
Comments
We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM and
the FAA's response to each comment.
Request the Unsafe Condition Be Addressed by Department of Commerce
G. Fenton requested this unsafe condition be addressed through the
Department of Commerce instead of the Federal Aviation Administration
because the NPRM applied to airplanes used for commercial purposes.
We disagree with this comment because the Federal Aviation
Administration is charged by Congress to provide for the safe and
efficient use of national airspace by commercial and private airplane
operators.
We have not changed the AD based on this comment.
Request To Change Labor Rate in Cost of Compliance
G. Fenton requested we change the labor rate in the Cost of
Compliance section to $72.50 per hour instead of $85 per hour. He
thought the increased cost from $60 per hour from the 1995 AD to $85 per
hour for this AD is unnecessary. He thought we should adjust the cost
of
the labor rate to a value between the two.
We disagree with this comment. The rate of $85 per hour is provided
by the FAA Office of Aviation Policy and Plans for us to use when
estimating the labor costs of complying with AD requirements.
We have not changed the AD based on this comment.
Request We Compile Changes From the Previous AD Into One Location
Jonathan Hartley requested we put all of the changes to this AD
from AD 95-26-13 in a conspicuous location to reduce confusion and
workload associated with compliance.
We partially agree with this comment. We agree there are instances
where compliance confusion and workload could exist with the wording in
the NPRM. However, we disagree with compiling the changes into one
location because of formatting constraints in the AD structure.
We have made language changes to the regulatory text in the AD to
clarify the compliance confusion and to reduce workload.
Request We Include an Outline for Maintaining Other Types of Oil Cooler
Hoses
Jonathan Hartley requested we include in this AD an outline
maintaining specific requirements for other types of oil cooler hoses.
We disagree with this comment. The unsafe condition addressed by
this AD applies only to Type C and Type D oil cooler hoses. The
requirements for maintaining other types of oil cooler hoses are not
required to comply with the actions of this AD.
We have not changed the AD based on this comment.
Request We Include Additional Information Describing the Types of Hoses
George Ballard requested we include in the AD information
explaining what constitutes a Type C and Type D hose assembly. He
doesn't think the TSO adequately explains the difference between the
Type C and Type D hose assemblies.
We disagree with this comment. The differences between the Type C
and Type D hoses are provided in great detail in TSO-C53a and its
referenced documents. This AD does not require that level of detail to
comply with the inspections or corrective actions specified in the AD.
We have not changed the AD based on this comment.
Request We Clarify Terminating Action for Installation of Type D Hose
Assemblies
Greg Dodson stated the requirement to inspect the oil cooler hose
assembly installation for an oil cooler mounted in a location other
than at or aft of the rear of the engine any time the oil cooler hose
assembly is replaced conflicts with the installation of a Type D oil
cooler hose assembly being terminating action for the AD.
We agree with this comment. The installation of the Type D oil
cooler hose assembly terminates the requirement for the installation
inspection.
We have changed the language in the AD to address the
contradiction.
Conclusion
We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD with the changes described previously and minor editorial
changes. We have determined that these minor changes:
Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.
Costs of Compliance
We estimate that this AD affects 23,643 airplanes of U.S. registry.
This AD retains the same actions as AD 95-26-13 and the costs do
not add any cost burden than that already in effect by AD 95-26-13. The
difference in the Costs of Compliance with this AD and AD 95-26-13 is
that we use $85 an hour as a labor rate in 2016 as opposed to $60 per
hour in 1995.
We estimate the following costs to comply with this AD:
Estimated Costs
| Action |
Labor cost |
Parts cost |
Cost per product |
Cost on U.S. operators |
| Inspection of the oil cooler
hose assembly. |
1 work-hour x $85 per hour
= $85 |
Not applicable |
$85 |
$2,009,655 |
| Inspection of the clearance between
the oil cooler hose assembly and the front exhaust stacks. |
.5 work-hour x $85
per hour = 42.50 |
Not applicable |
$42.50 |
$1,004,827.50 See note
1 to Cost of Compliance. |
| Replacement of the oil cooler
hose assembly. |
1 work-hour x $85 per hour
= $85 |
$430 |
$515 |
$12,176,145 |
Note: The estimated cost of the inspection
of the clearance
between the oil cooler hose assembly and the front exhaust stacks is
for all airplanes affected by this AD; however, the inspection
applies only to airplanes with the oil cooler mounted in a location
other than at or aft of the rear of the engine. We have no way of
knowing how many affected airplanes have that particular
installation.
We estimate the following costs to do any necessary adjustments
that would be required based on the results of the inspection. We have
no way of determining the number of aircraft that might need these
adjustments:
On-Condition Costs
|
Action
|
Labor cost
|
Parts cost
|
Cost per
product
|
| Adjustment of the clearance between
the oil cooler hose assembly and the front exhaust stacks. |
1 work-hour x $85 per hour=
$85 |
Not applicable
|
$85
|
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
(3) Will not affect intrastate aviation in Alaska, and
(4) Will not 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.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by removing Airworthiness Directive (AD)
95-26-13, Amendment 39-9472 (60 FR 67321, December 29, 1995), and
adding the following new AD:
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