[Federal Register Volume 76, Number 189 (Thursday, September 29, 2011)]
[Rules and Regulations]
[Pages 60367-60370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25008]


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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 39-16820; AD 2009-13-06 R1]
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 revising an existing airworthiness directive (AD) for 
certain Piper Aircraft, Inc. 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 that are equipped with a 
baggage door in the fuselage nose section (a nose baggage door). That 
AD currently establishes life limits and replacement requirements for 
safety-critical nose baggage door components and repetitive inspections 
and lubrication of the nose baggage door latching mechanism and lock 
assembly. This new AD removes the requirement for the nose baggage door 
compartment interior light inspection and retains the other 
requirements from AD 2009-13-06, Amendment 39-15944. This AD was 
prompted by further investigation and a request for an alternative 
method of compliance (AMOC). We are issuing this AD to correct the 
unsafe condition on these products.

DATES: This AD is effective November 3, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 24, 
2009 (74 FR 29118, June 19, 2009).

ADDRESSES: 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. You may review copies of the 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; 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: Gregory K. Noles, Aerospace Engineer, 
FAA, Atlanta Aircraft Certification Office, 1701 Columbia Avenue, 
College Park, Georgia 30337; telephone: (404) 474-5551; fax: (404) 474-
5606; e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to revise AD 2009-13-06, amendment 39-15944 (74 FR 29118, June 
19, 2009). That AD applies to the specified products. The NPRM 
published in the Federal Register on May 20, 2011 (76 FR 29176). That 
NPRM proposed to continue to require establishment of life limits for 
safety-critical nose baggage door components. That NPRM also proposed 
to continue to require replacement of those safety-critical nose 
baggage door components

[[Page 60368]]

and repetitive inspections and lubrications of the nose baggage door 
latching mechanism and lock assembly. The NPRM also proposed to remove 
the requirement for the nose baggage door compartment interior light 
inspection.

Comments

    We gave the public the opportunity to participate in developing 
this AD. Ed Keith of Wright Air Service, the Aircraft Owners and Pilots 
Association, Gary King, and several others commented that they support 
the NPRM. The following presents a comment received on the proposal and 
the FAA's response to the comment:

Revised Compliance Time

    Ben Stevens and another commenter requested we revise the 
compliance time in paragraph (f)(2) for the repetitive interval to 
allow for a 10 percent (110 hours) overrun for return to a maintenance 
base for inspection. The commenters stated this would match program 
extensions for aircraft that are in for-hire or instructional usage per 
14 CFR 91.409(b) and that similar allowance had been allowed in other 
ADs.
    We agree with this comment because the requested extension provides 
an acceptable level of safety for this class of aircraft. We revised 
paragraph (f)(2) of this AD to include the following text: ``Initially 
within 100 hours TIS after July 24, 2009 (the effective date retained 
from AD 2009-13-06, amendment 39-15944 (74 FR 29118, June 19, 2009); 
and repetitively thereafter at intervals of 100 hours TIS. The 100-hour 
interval may be exceeded by not more than 10 hours TIS to reach a place 
where the inspection can be done, per 14 CFR 91.409(b). The excess time 
used to reach a place where the inspection can be done must be included 
in computing the next 100 hours of TIS.''

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the change 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 the AD.

Costs of Compliance

    We estimate that this AD affects 8,000 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection and parts replacement of  4 work-hours x $85 per hour            $190            $530      $4,240,000
 nose baggage door.                   = $340.
----------------------------------------------------------------------------------------------------------------

    The new requirements of this AD add no additional economic burden. 
The increased estimated cost of this AD is due to increased labor cost 
from 2009 when AD 2009-13-06, amendment 39-15944 (74 FR 29118, June 19, 
2009) was issued.

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

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 airworthiness directive AD 
2009-13-06, amendment 39-15944 (74 FR 29118, June 19, 2009), and adding 
the following new AD:

2009-13-06 R1 Piper Aircraft, Inc.: Amendment 39-16820; Docket No. 
FAA-2009-0218; Directorate Identifier 2009-CE-006-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective November 3, 2011.

(b) Affected ADs

    This AD revises AD 2009-13-06, amendment 39-15944 (74 FR 29118, 
June 19, 2009).

(c) Applicability

    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-

[[Page 60369]]

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).

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code, 52, Doors.

(e) Unsafe Condition

    This AD was prompted by 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 
establish life limits for safety-critical nose baggage door 
components, replace those safety-critical nose baggage door 
components, and repetitively inspect and lubricate the nose baggage 
door latching mechanism and lock assembly. 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.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) For all aircraft: (i)     Initially within      Follow INSTRUCTIONS:
 Inspect the nose baggage      1,000 hours time-in-  PART I of Piper
 door assembly for damaged,    service (TIS) since   Aircraft, Inc.
 worn, corroded, or            all life-limited      Mandatory Service
 non[dash]conforming           components were       Bulletin No. 1194A,
 components; (ii) Replace      installed new         dated November 10,
 life-limited components       following Piper       2008. As an
 specified in the service      Aircraft, Inc.        alternative to
 information; and (iii)        Mandatory Service     using the part
 Install or inspect, as        Bulletin No. 1194A,   number 100700-079
 applicable, the nose          dated November 10,    placard, you may
 baggage placard following     2008, or within the   fabricate a placard
 the service information.      next 100 hours TIS    (using at least \1/
                               after July 24, 2009   8\-inch letters)
                               (the effective date   with the words in
                               retained from AD      figure 1 of this AD
                               2009-13-06,           and install the
                               amendment 39-15944    placard directly
                               (74 FR 29118, June    above the nose
                               19, 2009),            baggage door
                               whichever occurs      handle. This AD
                               later. Repetitively   does not require
                               thereafter at         the verification of
                               intervals not to      proper functioning
                               exceed 1,000 hours    of the nose baggage
                               TIS.                  compartment
                                                     interior light set
                                                     forth in the last
                                                     sentence of PART 1,
                                                     paragraph 1, of
                                                     Piper Aircraft,
                                                     Inc. Mandatory
                                                     Service Bulletin
                                                     No. 1194A, dated
                                                     November 10, 2008.
(2) For all aircraft: (i)     Initially within 100  Follow INSTRUCTIONS:
 Lubricate and inspect all     hours TIS after       PART II of Piper
 nose baggage door latching    July 24, 2009 (the    Aircraft, Inc.
 and locking components for    effective date        Mandatory Service
 damaged, worn, corroded, or   retained from AD      Bulletin No. 1194A,
 non-conforming components;    2009-13-06,           dated November 10,
 and (ii) Verify the key can   amendment 39-15944    2008.
 only be removed from the      (74 FR 29118, June
 lock assembly in the locked   19, 2009); and
 position in accordance with   repetitively
 the service instructions.     thereafter at
                               intervals of 100
                               hours TIS. The 100-
                               hour interval may
                               be exceeded by not
                               more than 10 hours
                               TIS to reach a
                               place where the
                               inspection can be
                               done, per 14 CFR
                               91.409(b). The
                               excess time used to
                               reach a place where
                               the inspection can
                               be done must be
                               included in
                               computing the next
                               100 hours of TIS.
(3) For all aircraft with     Before further        Follow Piper
 damaged, worn, corroded, or   flight after any      Aircraft, Inc.
 non-conforming components:    inspection required   Mandatory Service
 Repair/replace any damaged,   in paragraphs         Bulletin No. 1194A,
 worn, corroded, or non-       (f)(1) and (f)(2)     dated November 10,
 conforming components.        of this AD where      2008.
                               any evidence of
                               damaged, worn,
                               corroded or non-
                               conforming
                               components was
                               found.
------------------------------------------------------------------------


[[Page 60370]]

[GRAPHIC] [TIFF OMITTED] TR29SE11.000

(g) Alternative Methods of Compliance (AMOCs)

    (1) 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. 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 the Related Information 
section 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 2009-13-06, amendment 39-15944 (74 FR 
29118, June 19, 2009) are approved as AMOCs for this AD. The format 
has been revised and certain paragraphs have been rearranged since 
AD 2009-13-06 was issued, including changes to paragraph identifiers 
in this AD. Previous AMOCs may refer to particular paragraph 
identifiers from the original AD, however, the corresponding actions 
of the AMOC in the revised AD still apply even though the 
identifiers have changed.

(h) Related Information

    For more information about this AD, contact Gregory K. Noles, 
Aerospace Engineer, FAA, Atlanta ACO, 1701 Columbia Avenue, College 
Park, Georgia 30337; telephone: (404) 474-5551; fax: (404) 474-5606; 
e-mail: [email protected].

(i) Material Incorporated by Reference

    (1) You must use Piper Aircraft, Inc. Mandatory Service Bulletin 
No. 1194A, dated November 10, 2008, to do the actions required by 
this AD, unless the AD specifies otherwise. The Director of the 
Federal Register approved the incorporation by reference (IBR) under 
5 U.S.C. 552(a) and 1 CFR part 51 on July 24, 2009 (74 FR 29118, 
June 19, 2009).
    (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 referenced service information 
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 FAA, call (816) 329-3768.
    (4) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at an NARA facility, 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 September 20, 2011.
Wes Ryan,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-25008 Filed 9-28-11; 8:45 am]
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