[Federal Register Volume 88, Number 239 (Thursday, December 14, 2023)]
[Rules and Regulations]
[Pages 86571-86574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27494]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-2241; Project Identifier AD-2023-01214-A; 
Amendment 39-22629; AD 2023-25-02]
RIN 2120-AA64


Airworthiness Directives; Piper Aircraft, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Piper Aircraft, Inc. (Piper) Model PA-46-350P, PA-46-500TP, and 
PA-46-600TP airplanes. This AD was prompted by a report that a bearing 
fell out of a control column mount during routine handling prior to 
installation in an affected airplane and the discovery that a quality 
escape condition could exist on other airplanes. This AD requires 
inspecting the left and right control column mounts to determine if a 
retaining ring is installed. If a retaining ring is not installed, this 
AD requires inspecting the bearing in the mount block for the presence 
of retaining compound, and depending on the inspection results, 
installing a retaining ring and applying retaining compound to the 
bearing, as applicable. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective December 19, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 19, 
2023.
    The FAA must receive comments on this AD by January 29, 2024.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:

[[Page 86572]]

     Federal eRulemaking Portal: Go to 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.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-2241; 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 final rule, any comments received, and other 
information. The street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For service information identified in this final rule, 
contact Piper Aircraft, Inc., 2926 Piper Drive, Vero Beach, FL 32960; 
phone: (772) 291-2141; website: www.piper.com.
     You may view this 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 (817) 222-5110. It is also available at 
regulations.gov under Docket No. FAA-2023-2241.

FOR FURTHER INFORMATION CONTACT: Tuan Tran, Aviation Safety Engineer, 
FAA, 1701 Columbia Avenue, College Park, GA 30337; phone: (404) 474-
5522; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``FAA-2023-2241 Project Identifier AD-2023-01214-A'' 
at the beginning of your comments. The most helpful comments reference 
a specific portion of the final rule, 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 final rule 
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 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this final rule.

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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Tuan 
Tran, Aviation Safety Engineer, FAA, 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.

Background

    On November 15, 2023, the FAA received a report that a bearing fell 
out of a control column mount during routine handling, prior to 
installation on a Piper Model PA-46-600TP airplane. To conform to the 
type design, this bearing is installed in the mount block using a 
retaining compound into a recess in the control column mount with 
secondary retention provided by a retaining ring. Piper's investigation 
into this incident revealed that the retaining ring was not installed. 
If the bearing is not secure due to the absence of the retaining ring 
the quadrant assembly and shaft could migrate aft and separate from the 
firewall attachment, creating a free end on the affected control 
column. With a free end on the control column, combined with other 
factors, the aileron cables could become slack, resulting in loss of 
aileron control, and it could also bind the free operation of the 
elevator control system. Slack aileron cables and binding of the 
elevator controls would affect both the pilot and copilot controls. On 
November 17, 2023, further investigation by Piper into this situation 
found a quality escape issue on certain Piper Model PA-46-350P, PA-46-
500TP, and PA-46-600TP airplanes where the possibility exists that the 
retaining ring was not installed during production or retaining 
compound was not applied to the bearing. A missing retaining ring in a 
control column mount, if not addressed, could lead to a major failure 
in the aileron quadrant assembly and result in loss of pitch and roll 
control of the airplane during flight with consequent loss of control 
of the airplane. The FAA is issuing this AD to address the unsafe 
condition on these products.

FAA's Determination

    The FAA is issuing this AD because the agency has determined the 
unsafe condition described previously is likely to exist or develop in 
other products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Piper Service Bulletin No. 1409A, dated November 
21, 2023 (Piper SB 1409A). This service information specifies 
procedures for inspecting the left and right control column mounts to 
determine if a retaining ring is installed, inspecting the bearing in 
the mount block for the presence of retaining compound, installing a 
retaining ring, and applying retaining compound to the bearing. 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 ADDRESSES.

AD Requirements

    This AD requires accomplishing the actions identified as ``RC'' 
(required for compliance) in Part III. of the Instructions in Piper SB 
1409A.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies forgoing notice and comment prior to adoption of this rule 
because a missing retaining ring in a control column mount, if not 
addressed, could lead to a major failure

[[Page 86573]]

in the aileron quadrant assembly without warning and result in loss of 
pitch and roll control of the airplane during flight with consequent 
loss of control of the airplane. Because this could happen without 
warning, the left and right control column mounts must be inspected 
before further flight to determine if the retaining ring is missing. 
Accordingly, notice and opportunity for prior public comment are 
impracticable and contrary to the public interest pursuant to 5 U.S.C. 
553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days, 
for the same reasons the FAA found good cause to forgo notice and 
comment.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not 
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt 
a rule without prior notice and comment. Because FAA has determined 
that it has good cause to adopt this rule without prior notice and 
comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 57 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
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                                                                    Cost per
             Action                    Labor cost      Parts cost   product         Cost on U.S. operators
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Inspection of Model PA-46-350P    3 work-hours x $85           $0       $255  $3,825 (15 airplanes).
 airplanes.                        per hour = $255.
Inspection of Model PA-46-500TP   16 work-hours x $85           0      1,360  $57,120 (42 airplanes).
 and Model PA-46-600TP airplanes.  per hour = $1,360.
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    The FAA estimates the following costs to do any necessary actions 
that would be required based on the results of the inspection. The 
agency has no way of determining the number of aircraft that might need 
these actions:

                                               On-Condition Costs
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                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Installation of retaining ring................  0.50 work-hour x $85 per hour =              $10          $52.50
                                                 $42.50.
Application of retaining compound.............  0.50 work-hour x $85 per hour =               10           52.50
                                                 $42.50.
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    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some of the costs of this AD 
may be covered under warranty, thereby reducing the cost impact on 
affected operators.

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

    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, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

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

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 adding the following new airworthiness 
directive:

2023-25-02 Piper Aircraft, Inc.: Amendment 39-22629; Docket No. FAA-
2023-2241; Project Identifier AD-2023-01214-A.

(a) Effective Date

    This airworthiness directive (AD) is effective December 19, 
2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Piper Aircraft, Inc. airplanes identified in 
paragraphs (c)(1) through (3) of this AD, certificated in any 
category.
    (1) Model PA-46-350P airplanes, serial numbers 4636811 through 
4636814 inclusive and 4636816 through 4636829 inclusive.
    (2) Model PA-46-500TP airplanes, serial numbers 4697692 through 
4697700 inclusive.
    (3) Model PA-46-600TP airplanes, serial numbers 4698224 through 
4698240 inclusive and 4698242 through 4698274 inclusive.

(d) Subject

    Joint Aircraft System Component (JASC) Code 2701, Control Column 
Section.

(e) Unsafe Condition

    This AD was prompted by a report that a bearing fell out of a 
control column mount during routine handling prior to installation

[[Page 86574]]

in an affected airplane and the discovery that a quality escape 
condition could exist on other airplanes. The FAA is issuing this AD 
to address a missing retaining ring in a control column mount. A 
missing retaining ring in a control column mount, if not addressed, 
could lead to a major failure in the aileron quadrant assembly and 
result in loss of pitch and roll control during flight with 
consequent loss of control of the airplane.

(f) Compliance

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

(g) Required Actions

    Before further flight after the effective date of this AD, do 
all applicable actions identified as ``RC'' (required for 
compliance) in, and in accordance with Part III. of the Instructions 
in Piper Service Bulletin No. 1409A, dated November 21, 2023 (Piper 
SB 1409A).

(h) Special Flight Permit

    For airplanes with greater than 25 flight hours time since new, 
a one-time flight is allowed to reach the nearest facility that is 
capable of doing the inspection and repair described in Part III. of 
the Instructions in Piper SB 1409A, provided the flight is with 
minimum required crew and after verification of the integrity of the 
left and right control columns (the control columns do not feel or 
visually appear to be loose, do not have a substantial increase in 
control force requirements, or do not have a reduction in control 
authority).

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, East Certification 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 East Certification Branch, send it to 
the attention of the person identified in paragraph (j) of this AD 
and email to: [email protected].
    (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) An AMOC that provides an acceptable level of safety may be 
used for any repair, modification, or alteration required by this AD 
if it is approved by the Piper Organization Designation 
Authorization (ODA) that has been authorized by the Manager, East 
Certification Branch to make those findings. To be approved, the 
repair method, modification deviation, or alteration deviation must 
meet the certification basis of the airplane, and the approval must 
specifically refer to this AD.
    (4) Except as required by paragraph (g) of this AD: For service 
information that contains steps that are labeled as Required for 
Compliance (RC), the following provisions 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) The 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) Additional Information

    For more information about this AD, contact Tuan Tran, Aviation 
Safety Engineer, FAA, 1701 Columbia Avenue, College Park, GA 30337; 
phone: (404) 474-5522; email: [email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Piper Service Bulletin No. 1409A, dated November 21, 2023.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact Piper 
Aircraft, Inc., 2926 Piper Drive, Vero Beach, FL 32960; phone: (772) 
291-2141; website: www.piper.com.
    (4) You may view this 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 (817) 222-5110.
    (5) You may view this material at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on December 8, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-27494 Filed 12-11-23; 4:15 pm]
BILLING CODE 4910-13-P