[Federal Register Volume 82, Number 140 (Monday, July 24, 2017)]
[Rules and Regulations]
[Pages 34257-34259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15213]


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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; 
Amendment 39-18965; AD 2017-15-05]
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) 69-13-03 for 
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 required inspection of the 
heater exhaust extension, replacement of the extension as necessary, 
and overhaul of the combustion heater assembly. This AD retains the 
inspection of the heater exhaust extension with replacement of the 
extension as necessary and removes the overhaul requirement of the 
combustion heater assembly. This AD was prompted by a recently issued 
AD that applies to the Meggitt (Troy), Inc. combustion heaters, and the 
combustion heater AD incorporates corrective actions for the heater 
that contradict the overhaul requirement of AD 69-13-03. We are issuing 
this AD to continue to address the unsafe condition on these products 
and avoid potential contradiction of actions.

DATES: This AD is effective August 28, 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-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 final rule, 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: 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: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to supersede AD 69-13-03, Amendment 39-785 (34 FR 9748, June 
24, 1969) as amended by AD 69-13-03, Amendment 39-1749 (38 FR 33765, 
December 7, 1973), (``AD 69-13-03''). AD 69-13-03 applied to 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 required 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, replacement of 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 cabin.
    The NPRM was prompted by another AD action that applies to the 
Meggitt (Troy), Inc. combustion heaters installed on the airplanes AD 
69-13-03 applied to. AD 2017-06-03; Amendment 39-18827 (82 FR 15988, 
March 31, 2017), which applies to the Meggitt combustion heaters 
incorporates corrective actions for the heater that contradict the 
overhaul requirement of AD 69-13-03. The NPRM proposed to retain 
certain requirements of AD 69-13-03 and remove the requirement for 
overhaul of the heater assembly. We are issuing this AD continue to 
address the unsafe condition on these products and avoid potential 
contradiction of actions.

Comments

    We gave the public the opportunity to participate in developing 
this AD. One comment was received from Ahmed Ali who agrees with the AD 
action. The following presents the other comment received on the NPRM 
and the FAA's response to the comment.

Request To Withdraw NPRM

    Jeff Aryan stated the AD is not necessary. The commenter has owned 
a Model PA-30 airplane for 25 years and does not believe heater fumes 
can enter the cabin. He has used the heater for

[[Page 34258]]

prolonged periods of time, with and without the engine running, and has 
not experienced any problems. He stated the exhaust system was well 
designed and does not need to be changed. He believes owners are not 
maintaining their airplane to the regulations. We infer the commenter 
would like for us to withdraw the NPRM.
    We disagree with this comment. The potential exists for carbon 
monoxide to enter the cabin when the mild steel exhaust extension 
deteriorates. The required actions of this AD will continue to address 
the unsafe condition.
    We have not changed this AD based on this comment.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this AD as proposed except for 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.

Costs of Compliance

    We estimate that this AD affects 1,950 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD. The new 
requirements of this 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.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary corrective 
actions that would be required based on the results of the 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       1 work-hour x $85 per    Not applicable...................             $85
 exhaust extension.                    hour = $85.
Replacement of heater exhaust         1 work-hour x $85 per    * $1,000.........................           1,085
 extension.                            hour = $85.
Remove or disable the heater........  1 work-hour x $85 per    Not applicable...................              85
                                       hour = $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 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) 
69-13-03, Amendment 39-785 (34 FR 9748, June 24, 1969) as amended by AD 
69-13-03, Amendment 39-1749 (38 FR 33765, December 7, 1973), and adding 
the following new AD:

2017-15-05 Piper Aircraft, Inc.: Amendment 39-18965; Docket No. FAA-
2017-0157; Directorate Identifier 2016-CE-039-AD.

(a) Effective Date

    This AD is effective August 28, 2017.

(b) Affected ADs

    This AD replaces Airworthiness Directive (AD) 69-13-03, 
Amendment 39-785 (34 FR 9748, June 24, 1969) as amended by AD 69-13-
03, Amendment 39-1749 (38 FR 33765, December 7, 1973) (``AD 69-13-
03'').

[[Page 34259]]

(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 as amended by 
AD 69-13-03, Amendment 39-785 (38 FR 33765, December 7, 1973)), 
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 August 28, 2017 (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 July 12, 2017.
Pat Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-15213 Filed 7-21-17; 8:45 am]
 BILLING CODE 4910-13-P