[Federal Register Volume 74, Number 117 (Friday, June 19, 2009)]
[Rules and Regulations]
[Pages 29118-29121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14307]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0218; Directorate Identifier 2009-CE-006-AD; 
Amendment 39-15944; AD 2009-13-06]
RIN 2120-AA64


Airworthiness Directives; Piper Aircraft, Inc. PA-23, PA-31, and 
PA-42 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Piper Aircraft, Inc. (Piper) PA-23 series airplanes and all PA-31 and 
PA-42 series airplanes. This AD establishes life limits for safety-
critical nose baggage door components. This AD also requires you to 
replace those safety-critical nose baggage door components and 
repetitively inspect and lubricate the nose baggage door latching 
mechanism and lock assembly. This AD results from several incidents and 
accidents, including fatal accidents, where the nose baggage door 
opening in flight was listed as a causal factor. We are issuing this AD 
to detect and correct damaged, worn, corroded, or non-conforming nose 
baggage door components, which could result in the nose baggage door 
opening in flight. The door opening in flight could significantly 
affect the handling and performance of the aircraft. It could also 
allow baggage to be ejected from the nose baggage compartment and 
strike the propeller. This failure could lead to loss of control.

DATES: This AD becomes effective on July 24, 2009.
    On July 24, 2009, the Director of the Federal Register approved the 
incorporation by reference of certain publications listed in this AD.

ADDRESSES: To get the service information identified in this AD, 
contact Piper Aircraft, Inc., 2926 Piper Drive, Vero Beach, Florida 
32960; telephone: (772) 567-4361; fax: (772) 978-6573; Internet: http://www.newpiper.com/company/publications.asp.
    To view the AD docket, go to U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue, SE., Washington, DC 20590, or on the Internet at 
http://www.regulations.gov. The docket number is FAA-2009-0218; 
Directorate Identifier 2009-CE-006-AD.

FOR FURTHER INFORMATION CONTACT: Gregory K. Noles, Aerospace Engineer, 
One Crown Center, 1895 Phoenix Blvd., Suite 450, Atlanta, Georgia 
30349; telephone: (770) 703-6085; fax: (770) 703-6097.

SUPPLEMENTARY INFORMATION:

Discussion

    On March 3, 2009, we issued a proposal to amend part 39 of the 
Federal Aviation Regulations (14 CFR part 39) to include an AD that 
would apply to certain Piper PA-23 series airplanes and all PA-31 and 
PA-42 series airplanes. This proposal was published in the Federal 
Register as a notice of proposed rulemaking (NPRM) on March 10, 2009 
(74 FR 10195). The NPRM proposed to establish life limits for safety-
critical nose baggage door components. The NPRM also proposed to 
require replacement of those safety-critical nose baggage door 
components and repetitively inspect and lubricate the nose baggage door 
latching mechanism and lock assembly.

Comments

    We provided the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
and FAA's response to each comment:

Comment Issue No. 1: Require the Installation of a Secondary Forward 
Baggage Door Latch

    Iliamna Air Taxi, Inc. and others request the AD incorporate a 
secondary forward baggage door latch per supplemental type certificate 
(STC) number SA02331AK as part of the solution. The recommendations 
range from making the STC latch an additional action to this AD to 
having the STC latch as a terminating action for this AD. The 
commenters suggest the STC latch provides a cost-effective option that 
provides additional or improved safety to the AD action. One commenter 
questioned the validity of the AD action by referencing incidents/
accidents that occurred after the FAA

[[Page 29119]]

addressed National Transportation Safety Board (NTSB) safety 
recommendation A-78-004 from a related accident. The commenter also 
states that Piper has released two previous service bulletins that have 
not been effective in preventing incidents/accidents and believes this 
AD will also be ineffective.
    The FAA disagrees. A properly inspected, maintained, and latched 
nose baggage door latch does not have an unsafe condition. The intent 
of this AD is to assure the nose baggage door latches properly and to 
alert the pilot to check that the door is properly latched. The STC 
latch, and other similar latches, do not directly infringe on the 
actions or intent of the AD and could, therefore, be installed at 
owner/operator discretion. The STC latch could potentially add another 
level of safety to the operation of the nose baggage door. However, no 
formal evidence exists that it could be considered a replacement or 
fail-safe system to the existing type design. Even if the STC latch 
were validated for a backup or fail-safe purpose, it is only approved 
for a limited number of the aircraft models affected by this AD and 
would not provide a comprehensive solution. For these reasons, the STC 
will remain an optional installation.
    The FAA is not aware of any incidents or accidents that have been 
attributed to a latch when it is installed per the type design, 
maintained per the Instructions for Continued Airworthiness, and 
operated per required procedures. The NPRM and Piper Aircraft, Inc. 
Service Bulletin No. 1194A, dated November 10, 2008, are a valid 
solution. They highlight the importance of these measures, provide a 
detailed inspection program, and add life-limits to critical latch 
components. These steps are beyond any previous actions taken to 
provide the required level of safety.
    We will not change the final rule AD action based on this comment.

Comment Issue No. 2: Allow a Smaller Nose Baggage Door Placard

    An anonymous commenter requests that we allow use of a smaller nose 
baggage door placard because the placard supplied in the piper part 
number 88451-002 kit is unnecessarily large for the application and 
``unsightly.''
    The FAA agrees. A smaller placard can be considered for the 
application. We will change the AD to allow the use of a smaller 
placard provided the size of the letters is a minimum of \1/8\-inch.

Comment Issue No. 3: Revise the Emergency Procedures in the Pilot 
Operating Handbook (POH) To Add Procedures for the Nose Baggage Door 
Opening In-Flight

    The NTSB commented that they support the AD and encourage 
dissemination to flight-related publications likely to be read by 
operators. However, they also commented that the AD should add 
emergency procedures to the POH for affected airplanes, indicating how 
pilots should respond to a nose baggage door inadvertently opening in-
flight.
    The FAA disagrees. Operation with the baggage door open is not 
permitted and evaluation of handling qualities with the baggage door 
open is not a regulatory requirement. Therefore, data for emergency 
procedures is not available because a configuration with the baggage 
door open has never been tested. Without test data, specific emergency 
procedures can not be recommended.
    We will not change the final rule AD action based on this comment.

Conclusion

    We have carefully reviewed the available data and determined that 
air safety and the public interest require adopting the AD as proposed 
except for the changes previously discussed and minor editorial 
corrections. We have determined that these minor corrections:
     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.

Costs of Compliance

    We estimate that this AD affects 8,000 airplanes in the U.S. 
registry.
    We estimate the following costs to do the inspection and parts 
replacement:

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                                                                                 Total cost per   Total cost on
                          Labor cost                              Parts cost        airplane      U.S. operators
----------------------------------------------------------------------------------------------------------------
4 work-hours x $80 per hour = $320...........................            $190             $510       $4,080,000
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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 AD.

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 the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared a summary of the costs to comply with this AD (and 
other information as included in the Regulatory Evaluation) and placed 
it in the AD Docket. You may get a copy of this summary by sending a 
request to us at the address listed under ADDRESSES. Include ``Docket 
No. FAA-2009-0218; Directorate Identifier 2009-CE-006-AD'' in your 
request.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,

[[Page 29120]]

the Federal Aviation Administration amends part 39 of the Federal 
Aviation Regulations (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. FAA amends Sec.  39.13 by adding a new AD to read as follows:

2009-13-06 Piper Aircraft, Inc.: Amendment 39-15944; Docket No. FAA-
2009-0218; Directorate Identifier 2009-CE-006-AD.

Effective Date

    (a) This AD becomes effective on July 24, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Models PA-23, PA-23-160, PA-23-235, PA-
23-250, PA-23-250 (Navy UO-1), PA-E23-250, PA-31, PA-31-300, PA-31-
325, PA-31-350, PA-31P, PA-31P-350, PA-31T, PA-31T1, PA-31T2, PA-
31T3, PA-42, PA-42-720, and PA-42-1000 airplanes, all serial 
numbers, that are:
    (1) Certificated in any category; and
    (2) Equipped with a baggage door in the fuselage nose section (a 
nose baggage door).

Unsafe Condition

    (d) This AD results from several incidents and accidents, 
including some fatal accidents, where the nose baggage door opening 
in flight was listed as a causal factor. We are issuing this AD to 
detect and correct damaged, worn, corroded, or non-conforming nose 
baggage door components, which could result in the nose baggage door 
opening in flight. The door opening in flight could significantly 
affect the handling and performance of the aircraft. It could also 
allow baggage to be ejected from the nose baggage compartment and 
strike the propeller. This failure could lead to loss of control.

Compliance

    (e) To address this problem, you must do the following, unless 
already done:

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               Actions                             Compliance                            Procedures
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(1) For all aircraft:                 (A) Initially: within 1,000 hours     Follow INSTRUCTIONS: PART I of Piper
(i) inspect the nose baggage door      time[dash]in[dash]service (TIS)       Aircraft, Inc. Service Bulletin No.
 assembly for damaged, worn,           since all life[dash]limited           1194A, dated November 10, 2008. As
 corroded, or non[dash]conforming      components were installed new         an alternative to using part number
 components;                           following Piper Aircraft, Inc.        100700[dash]079 placard, you may
(ii) replace life[dash]limited         Service Bulletin No. 1194A, dated     fabricate a placard (using at least
 components specified in the service   November 10, 2008, or within the      \1/8\[dash]inch letters) with the
 information; and                      next 100 hours TIS after July 24,     words in figure 1 of this AD and
(iii) install or inspect, as           2009 (the effective date of this      install the placard directly above
 applicable, the nose baggage          AD), whichever occurs later; and      the nose baggage door handle.
 placard following the service        (B) Repetitively thereafter: at
 information.                          intervals not to exceed 1,000 hours
                                       TIS.
(2) For all aircraft:                 (A) Initially: within 100 hours TIS   Follow INSTRUCTIONS: PART II of
(i) lubricate and inspect all nose     after July 24, 2009 (the effective    Piper Aircraft, Inc. Service
 baggage door latching and locking     date of this AD); and                 Bulletin No. 1194A, dated November
 components for damaged, worn,        (B) Repetitively thereafter: at        10, 2008.
 corroded, or non[dash]conforming      intervals not to exceed 100 hours
 components; and                       TIS.
    (ii) verify the key can only be
     removed from the lock assembly
     in the locked position in
     accordance with the service
     instructions.
(3) For all aircraft with damaged,    Before further flight after any       Follow Piper Aircraft, Inc. Service
 worn, corroded, or                    inspection required in paragraphs     Bulletin No. 1194A, dated November
 non[dash]conforming components:       (e)(1) and (e)(2) of this AD where    10, 2008.
 repair/replace any damaged, worn,     any evidence of damaged, worn, or
 corroded, or non[dash]conforming      corroded components was found.
 components.
----------------------------------------------------------------------------------------------------------------


[[Page 29121]]

[GRAPHIC] [TIFF OMITTED] TR19JN09.005

Alternative Methods of Compliance (AMOCs)

    (f) The Manager, Atlanta 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. Send information to 
ATTN: Gregory K. Noles, Aerospace Engineer, One Crown Center, 1895 
Phoenix Blvd., Suite 450, Atlanta, Georgia 30349; telephone: (770) 
703-6085; fax: (770) 703-6097. Before using any approved AMOC on any 
airplane to which the AMOC applies, notify your appropriate 
principal inspector (PI) in the FAA Flight Standards District Office 
(FSDO), or lacking a PI, your local FSDO.

Material Incorporated by Reference

    (g) You must use Piper Aircraft, Inc. Service Bulletin No. 
1194A, dated November 10, 2008, to do the actions required by this 
AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact Piper 
Aircraft, Inc., 2926 Piper Drive, Vero Beach, Florida 32960; 
telephone: (772) 567-4361; fax: (772) 978-6573; Internet: http://www.newpiper.com/company/publications.asp.
    (3) You may review copies of the service information 
incorporated by reference for this AD at the FAA, Central Region, 
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri 
64106. For information on the availability of this material at the 
Central Region, call (816) 329-3768.
    (4) You may also review copies of the service information 
incorporated by reference for this AD at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Kansas City, Missouri, on June 12, 2009.
Scott A. Horn,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-14307 Filed 6-18-09; 8:45 am]
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