[Federal Register Volume 85, Number 209 (Wednesday, October 28, 2020)]
[Proposed Rules]
[Pages 68255-68257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23779]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 85, No. 209 / Wednesday, October 28, 2020 / 
Proposed Rules  

[[Page 68255]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0830; Project Identifier 2020-CE-002-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: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Piper Aircraft, Inc., (Piper) Models PA-46-350P (Malibu 
Mirage), PA-46R-350T (Malibu Matrix), and PA-46-500TP (Malibu Meridian) 
airplanes. This proposed AD was prompted by a finding of several 
airplanes with wing assemblies that did not have the proper stall 
warning heater modification design. Without the proper stall warning 
heat control modification kit installed, during flights into icing 
conditions with the landing gear down, ice can form on the stall vane, 
which may result in failure of the stall warning system. This proposed 
AD would require identifying and correcting nonconforming stall warning 
heat control systems. The FAA is proposing this AD to address the 
unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by December 
14, 2020.

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 https://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.
     For service information identified in this NPRM, contact 
Piper Aircraft Inc., 2926 Piper Drive, Vero Beach, FL 32960, telephone: 
772-299-2686, email: [email protected], internet: https://www.piper.com/. You may view the service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 901 Locust, 
Kansas City, MO 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 https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0830; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this NPRM, any comments received, and other information. The street 
address for Docket Operations is listed above. Comments will be 
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: John Lee, Aerospace Engineer, Atlanta 
ACO Branch, FAA, AIR-7A3, 1701 Columbia Avenue, College Park, GA 30337; 
telephone: (404) 474-5568; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites 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-2020-0830; 
Project Identifier 2020-CE-002-AD'' at the beginning of your comments. 
The most helpful comments reference a specific portion of the proposal, 
explain the reason for any recommended change, and include supporting 
data. The FAA will consider all comments received by the closing date 
and may amend this proposed AD because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this proposal.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to John 
Lee, Aerospace Engineer, Atlanta ACO Branch, FAA, AIR-7A3, 1701 
Columbia Avenue, College Park, GA 30337. Any commentary that the FAA 
receives which is not specifically designated as CBI will be placed in 
the public docket for this rulemaking.

Discussion

    The FAA issued AD 2008-26-11, Amendment 39-15777 (73 FR 78934, 
December 24, 2008) (``AD 2008-26-11'') for certain serial-numbered 
Piper Model PA-46-350P, PA-46R-350T, and PA-46-500TP airplanes. AD 
2008-26-11 requires installing stall warning heat control modification 
kit part number 88452-002. For those serial-numbered airplanes to which 
AD 2008-26-11 does not apply, Piper incorporated the modification kit 
in production.
    Since the FAA issued AD 2008-26-11, Piper found 11 airplanes (9 
domestic) with the left wing replaced with a wing assembly from salvage 
that did not have the proper stall warning heater modification design 
change. Without the proper stall warning heat control modification kit 
during flights into icing conditions with the landing gear down, ice 
can form on the stall vane, which may result in failure of the stall 
warning system.
    This condition, if not addressed, could result in the pilot being 
unaware

[[Page 68256]]

of an approaching stall situation and being unable to react correctly.

Related Service Information Under 1 CFR part 51

    The FAA reviewed Piper Service Letter No. 1261, dated July 19, 
2019. The service information contains procedures to identify and 
correct nonconforming stall warning heat control systems. The intent of 
these service letters is to ensure that wiring for the stall warning 
heat control system meets current type design. This service information 
is reasonably available because the interested parties have access to 
it through their normal course of business or by the means identified 
in the ADDRESSES section.

Other Related Service Information

    Piper also issued Mandatory Service Bulletin No. 1192, dated 
September 15, 2008, which is incorporated by reference in AD 2008-26-
11.

FAA's Determination

    The FAA is proposing this AD because it evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of these same type 
designs.

Proposed AD Requirements

    This proposed AD would require accomplishing some of the actions 
specified in the service information described previously.

Differences Between Proposed AD and Service Information

    This proposed AD would not require the first step, which is 
identified as a ``required for compliance'' (RC) step, of Piper Service 
Letter No. 1261, dated July 19, 2019. The first step specifies 
reviewing the aircraft records to determine whether the inspection of 
the stall warning heat control configuration must be done. This 
proposed AD would not require a records review. Instead, all airplanes 
identified in the applicability of the proposed AD would have to 
inspect the stall warning heat control configuration.

Costs of Compliance

    The FAA estimates that this proposed AD would affect 1,261 
airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this proposed 
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Inspect stall warning heat control    1 work-hour x $85 per                $0              $85         $107,185
 system.                               hour = $85.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary repairs 
that would be required based on the results of the proposed inspection. 
The FAA has no way of determining the number of airplanes that might 
need these repairs:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Install modification kit.....................  1.5 work-hours x $85 per hour =         $230.00          $357.50
                                                $127.50.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this proposed 
AD may be covered under warranty, thereby reducing the cost impact on 
affected individuals. The FAA does not control warranty coverage for 
affected individuals. As a result, all costs are included in the cost 
estimate.

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.
    The FAA is 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

    The FAA 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 this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, 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.

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.

[[Page 68257]]

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):
    Piper Aircraft, Inc.: Docket No. FAA-2020-0830; Project 
Identifier 2020-CE-002-AD

(a) Comments Due Date

    The FAA must receive comments by December 14, 2020.

(b) Affected ADs

    None.

(c) Applicability

    (c) This AD applies to the following Piper Aircraft, Inc., 
airplanes, certificated in any category:
    (1) Model PA-46-350P (Malibu Mirage) serial numbers (S/Ns) 
4622041, 4636041, 4636142, 4636143, 4636313, 4636341, and 4636379;
    (2) Model PA-46-500TP (Malibu Meridian) S/Ns 4697141, 4697161, 
4697086, and 4697020; and
    (3) Models PA-46-350P (Malibu Mirage), PA-46R-350T (Malibu 
Matrix), and PA-46-500TP (Malibu Meridian), all serial numbers, if 
the left wing has been replaced with a serviceable (more than zero 
hours time-in-service) wing.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 3700, VACUUM SYSTEM.

(e) Unsafe Condition

    This AD was prompted by nonconforming stall warning heat control 
systems, utilizing a left wing assembly without the proper stall 
warning modification design. Without the proper stall warning heat 
control modification kit during flights into icing conditions with 
the landing gear down, ice can form on the stall vane, which may 
result in failure of the stall warning system. The FAA is issuing 
this AD to identify and correct nonconforming stall warning heat 
control systems. The unsafe condition, if not addressed, could 
result in the pilot being unaware of an approaching stall situation.

(f) Compliance

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

(g) Actions

    (1) Within 100 hours time-in-service (TIS) after the effective 
date of this AD or within 12 months after the effective date of this 
AD, whichever occurs first, inspect the configuration of stall 
warning heat control system and, if required, install stall warning 
heat control modification kit part number (P/N) 8452-002 before 
further flight in accordance with steps 2 and 3 of the Instructions 
in Piper Aircraft, Inc., Service Letter No. 1261, dated July 19, 
2019.
    (2) As of the effective date of this AD, do not install a wing 
on any Model PA-46-350P (Malibu Mirage), PA-46R-350T (Malibu 
Matrix), or PA-46-500TP (Malibu Meridian) airplane unless you have 
determined that the wing has the correct stall warning heat control 
system as required by paragraph (g)(1) of this AD.

(h) Special Flight Permit

    A special flight permit may be issued to operate the airplane to 
a location where the requirements of this AD can be accomplished 
provided flight into known icing conditions is prohibited.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Atlanta ACO Branch, 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 certification office, send it to the attention of the 
person identified in paragraph (j)(1) 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) For service information that contains steps that are labeled 
as Required for Compliance (RC), the provisions of paragraph 
(i)(3)(i) and (ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step 
and any figures identified in an RC step, must be done to comply 
with the AD. An AMOC is required for any deviations to RC steps, 
including substeps and identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted 
methods in accordance with the operator's maintenance or inspection 
program without obtaining approval of an AMOC, provided the RC 
steps, including substeps and identified figures, can still be done 
as specified, and the airplane can be put back in an airworthy 
condition.

(j) Related Information

    (1) For more information about this AD, contact John Lee, 
Aerospace Engineer, Atlanta ACO Branch, FAA, AIR-7A3, 1701 Columbia 
Avenue, College Park, GA 30337; telephone: (404) 474-5568; email: 
[email protected].
    (2) For service information identified in this AD, contact Piper 
Aircraft Inc., 2926 Piper Drive, Vero Beach, FL 32960, telephone: 
772-299-2686, email: [email protected], internet: https://www.piper.com/. You may view the service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 901 
Locust, Kansas City, MO 64106. For information on the availability 
of this material at the FAA, call 816-329-4148.

    Issued on October 22, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-23779 Filed 10-27-20; 8:45 am]
BILLING CODE 4910-13-P