[Federal Register Volume 82, Number 40 (Thursday, March 2, 2017)]
[Proposed Rules]
[Pages 12310-12312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03952]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0157; Directorate Identifier 2016-CE-039-AD]
RIN 2120-AA64


Airworthiness Directives; Piper Aircraft, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede Airworthiness Directive (AD) 69-13-03, 
which applies to all Piper Aircraft, Inc. Models PA-23, PA-23-160, PA-
23-235, PA-23-250, PA-E23-250, and PA-30 airplanes. AD 69-13-03 
currently requires inspection of the heater exhaust extension, 
replacement of the extension as necessary, and overhaul of the 
combustion heater assembly. Since we issued AD 69-13-03, we proposed an 
AD that applies to the Meggitt (Troy), Inc. combustion heaters, and the 
proposed combustion heater AD would incorporate corrective actions for 
the heater that contradict the overhaul requirement of AD 69-13-03. 
This proposed AD would retain the inspection of the heater exhaust 
extension, with replacement of the extension as necessary, and remove 
the overhaul requirement of the combustion heater assembly. We are 
proposing this AD to correct the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by April 17, 2017.

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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

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-2017-
0157; 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: Scott Hopper, Aerospace Engineer, FAA, 
Atlanta Aircraft Certification Office, 1701 Columbia Avenue, College 
Park, Georgia 30337; phone: (404) 474-5535; fax: (404) 474-5606; 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-2017-9157; 
Directorate Identifier 2016-CE-039-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

    We issued AD 69-13-03, Amendment 39-1749 (38 FR 33765, December 7, 
1973) (``AD 69-13-03''), for certain Piper Aircraft, Inc. Models PA-23, 
PA-23-160, PA-23-235, PA-23-250, PA-E23-250, and PA-30 airplanes. AD 
69-13-03 requires inspection of the heater exhaust extension to 
determine if it is mild steel or stainless steel, repetitive 
inspections of the mild steel extensions for deterioration, replacing 
the extension as necessary, and overhaul of the combustion heater 
assembly. AD 69-13-03 resulted from the potential of carbon monoxide 
entering the airplane

[[Page 12311]]

cabin. We issued AD 69-13-03 to prevent carbon monoxide from entering 
the airplane cabin.

Actions Since AD 69-13-03 Was Issued

    Since we issued AD 69-13-03, we proposed an AD that applies to the 
Meggitt (Troy), Inc. combustion heaters installed on the airplanes AD 
69-13-03 applies to. The proposed combustion heater AD would 
incorporate corrective actions for the heater that contradict the 
overhaul requirement of AD 69-13-03. The NPRM for the Meggitt (Troy), 
Inc. combustion heaters was published in the Federal Register on 
November 3, 2016 (81 FR 76532). You may view the docket for the Meggitt 
NPRM by going to http://www.regulations.gov and searching for Docket 
No. FAA-2014-0603.

FAA's Determination

    We are proposing this AD 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.

Proposed AD Requirements

    This proposed AD would retain certain requirements of AD 69-13-03. 
This proposed AD would remove the requirement for overhaul of the 
heater assembly.

Costs of Compliance

    We estimate that this proposed AD affects 1,950 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD. 
The new requirements of this proposed AD add no additional economic 
burden:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Determine installation of a mild steel  1 work-hour x $85 per                N/A             $85        $165,750
 or stainless steel heater exhaust       hour = $85.
 extension.
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    We estimate the following costs to do any necessary corrective 
actions that would be required based on the results of the proposed 
inspection. We have no way of determining the number of airplanes that 
might need these corrective actions:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                 Action                           Labor cost                  Parts cost              product
----------------------------------------------------------------------------------------------------------------
Inspection of mild steel heater exhaust   1 work-hour x $85 per hour  Not applicable............             $85
 extension.                                = $85.
Replacement of heater exhaust extension.  1 work-hour x $85 per hour  $1,000 *..................           1,085
                                           = $85.
Remove or disable the heater............  1 work-hour x $85 per hour  Not applicable............              85
                                           = $85.
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* There are currently no replacement parts available for the heater exhaust extension. The $1,000 parts cost is
  the FAA's best estimate if parts were to become available.

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 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 that the 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 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.

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 Airworthiness Directive (AD) 
69-13-03, Amendment 39-1749 (38 FR 33765, December 7, 1973), and adding 
the following new AD:

Piper Aircraft, Inc.: Docket No. FAA-2017-0157; Directorate 
Identifier 2016-CE-039-AD.

[[Page 12312]]

(a) Comments Due Date

    The FAA must receive comments on this AD action by April 17, 
2017.

(b) Affected ADs

    This AD replaces Airworthiness Directive (AD) 69-13-03, 
Amendment 39-1749 (38 FR 33765, December 7, 1973) (``AD 69-13-03'').

(c) Applicability

    This AD applies to Piper Aircraft, Inc. Models PA-23, PA-23-160, 
PA-23-235, PA-23-250, PA-E23-250, and PA-30 airplanes, all serial 
numbers, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 21, Air Conditioning.

(e) Unsafe Condition

    This AD was prompted by the potential of carbon monoxide 
entering the airplane cabin. We are issuing this AD to prevent 
failure of the combustion heater exhaust extension, which could lead 
to carbon monoxide entering the airplane cabin.

(f) Compliance

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

(g) Mild Steel or Stainless Steel Exhaust Extension Determination

    Within the next 25 hours time-in-service (TIS) after December 
14, 1973 (the effective date retained from AD 69-13-03), remove the 
heater exhaust tube shroud and by means of a magnet determine if 
Stewart-Warner part number (P/N) 486238 exhaust extension (Piper P/N 
754-708) is mild steel (magnetic) or stainless steel (non-magnetic).
    If the exhaust extension is stainless steel, then no further 
action is required by this AD.

(h) Mild Steel Exhaust Extensions

    If there is a mild steel Stewart-Warner P/N 486238 exhaust 
extension (Piper P/N 754-708) installed on the airplane, within 25 
hours TIS after the effective date of this AD, you must do one of 
the following actions found in paragraph (h)(1) through (3) of this 
AD.
    (1) Replace the mild steel exhaust extension with a stainless 
steel exhaust extension.
    (2) Visually inspect the mild steel exhaust extension for 
deterioration (cracks, corrosion, rust, and/or flaking) and 
repetitively thereafter visually inspect the exhaust extension at 
intervals not to exceed 25 hours TIS or until the mild steel exhaust 
extension is replaced with a stainless steel exhaust extension.
    (3) Disable or remove the combustion heater.

(i) Deterioration of the Mild Steel Exhaust Extension

    If deterioration (cracks, corrosion, rust, and/or flaking) of 
the extension is found during any of the inspections required in 
paragraph (h)(2) of this AD, before further flight, you must do one 
of the following actions in paragraph (i)(1) or (2) of this AD.
    (1) Replace the exhaust extension with a stainless steel exhaust 
extension or a mild steel P/N 486238 exhaust extension that has been 
inspected per paragraph (h)(2) of this AD and was found free of 
deterioration. If you install a mild steel P/N 486238 exhaust 
extension, you must continue the repetitive visual inspections 
required in paragraph (h)(2) of this AD.
    (2) Disable or remove the heater.

(j) 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 paragraph (k) 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 paragraphs (a) and (b) of AD 69-13-03 are 
approved as AMOCs for the corresponding provisions of this AD.

(k) Related Information

    For more information about this AD, contact Scott Hopper, 
Aerospace Engineer, FAA, Atlanta Aircraft Certification Office, 1701 
Columbia Avenue, College Park, Georgia 30337; phone: (404) 474-5535; 
fax: (404) 474-5606; email: [email protected].


    Issued in Kansas City, Missouri, on February 17, 2017.
Pat Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-03952 Filed 3-1-17; 8:45 am]
 BILLING CODE 4910-13-P