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[Federal Register: October 6, 2010 (Volume 75, Number 193)]
[Proposed Rules]               
[Page 61655-61657]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06oc10-22]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1006; Directorate Identifier 2009-CE-057-AD]
RIN 2120-AA64

 
Airworthiness Directives; Piper Aircraft, Inc. Model PA-28-161 
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all 
Piper Aircraft, Inc. (Piper) Model PA-28-161 airplanes equipped with 
Thielert Aircraft Engine GmbH (TAE) Engine Model TAE-125-01 installed 
per Supplemental Type Certificate (STC) No. SA03303AT. This proposed AD 
would require installing a full authority digital engine control 
(FADEC) backup battery, replacing the supplement pilot's operating 
handbook and FAA approved airplane flight manual, and revising the 
limitations section of the supplement airplane maintenance manual. This 
proposed AD results from an incident where an airplane experienced an 
in-flight engine shutdown caused by a momentary loss of electrical 
power to the FADEC. We are proposing this AD to prevent interruption of 
electrical power to the FADEC, which could result in an uncommanded 
engine shutdown. This failure could lead to a loss of engine power.

DATES: We must receive comments on this proposed AD by November 22, 
2010.

ADDRESSES: Use one of the following addresses to comment on this 
proposed AD:
     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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Thielert Aircraft Engines Service GmbH, Platanenstra[szlig]e 14, 09350 
Lichtenstein, Deutschland; telephone: +49 (37204) 696-0; fax: +49 
(37204) 696-1910; Internet: http://www.thielert.com/.

FOR FURTHER INFORMATION CONTACT: Don O. Young, Aerospace Engineer, FAA, 
Atlanta Aircraft Certification Office (ACO), 1701 Columbia Avenue, 
College Park, Georgia 30337; telephone: (404) 474-5585; fax: (404) 474-
5606; e-mail: don.o.young@faa.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include the docket number, ``FAA-
2010-1006; Directorate Identifier 2009-CE-057-AD'' at the beginning of 
your comments. We specifically invite comments on the overall 
regulatory, economic, environmental, and energy aspects of the proposed 
AD. We will consider all comments received by the closing date and may 
amend the proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any

[[Page 61656]]

personal information you provide. We will also post a report 
summarizing each substantive verbal contact we receive concerning this 
proposed AD.

Discussion

    In 2007, a Diamond DA42 airplane experienced a dual in-flight 
engine shutdown. Our review of the incident determined the root cause 
was an unsafe design feature that allowed momentary interruption of 
electrical power to both engine FADECs. The interruption caused the 
FADECs to reset, shutting down both engines with a consequent loss of 
engine power. Piper Model PA-28-161 airplanes modified by STC No. 
SA03303AT have a similar unsafe design feature that can allow the FADEC 
to shut down or reset if the main battery is depleted and the 
electrical charging system malfunctions.
    This condition, if not corrected, could result in an uncommanded 
engine shutdown. This failure could lead to a loss of engine power.

Relevant Service Information

    We have reviewed Thielert Aircraft Engines GmbH Service Bulletin TM 
TAE 651-0007, Revision 7, dated July 30, 2010.
    The service information describes procedures for installation of a 
FADEC backup battery.

FAA's Determination and Requirements of the Proposed AD

    We are proposing this AD because we evaluated all information and 
determined the unsafe condition described previously is likely to exist 
or develop on other products of the same type design. This proposed AD 
would require installation of a FADEC backup battery, replacement of 
the supplement pilot's operating handbook and FAA approved airplane 
flight manual, and revision of the limitations section of the 
supplement airplane maintenance manual.

Costs of Compliance

    We estimate that this proposed AD would affect zero airplanes in 
the U.S. registry.
    We estimate the following costs to do the proposed modification:

----------------------------------------------------------------------------------------------------------------
           Labor cost                Parts cost        Total cost per airplane      Total cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
7 work-hours x $85 per hour =               $780   $1,375........................  Not applicable.
 $595.
----------------------------------------------------------------------------------------------------------------

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); 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket that contains the proposed AD, the 
regulatory evaluation, any comments received, and other information 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 Docket Office (telephone (800) 647-5527) 
is located at the street address stated in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

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

    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]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Piper Aircraft, Inc.: Docket No. FAA-2010-1006; Directorate 
Identifier 2009-CE-057-AD.

Comments Due Date

    (a) We must receive comments on this airworthiness directive 
(AD) action by November 22, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model PA-28-161 airplanes, all serial 
numbers, that are:
    (1) Equipped with Thielert Aircraft Engine GmbH (TAE) Engine 
Model TAE-125-01 installed per Supplemental Type Certificate (STC) 
No. SA03303AT; and
    (2) Certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 72: Engine.

Unsafe Condition

    (e) This AD results from an incident where an airplane 
experienced an in-flight engine shutdown caused by a momentary loss 
of electrical power to the FADEC. We are issuing this AD to prevent 
interruption of electrical power to the FADEC, which could result in 
an uncommanded engine shutdown. This failure could lead to a loss of 
engine power.

[[Page 61657]]

Compliance

    (f) To address this problem, you must do the following, unless 
already done:

----------------------------------------------------------------------------------------------------------------
               Actions                             Compliance                            Procedures
----------------------------------------------------------------------------------------------------------------
(1) Modify the engine electrical      Within the next 100 hours time-in-    Follow Thielert Aircraft Engines
 system by installing a backup         service after the effective date of   GmbH Service Bulletin TM TAE 651-
 battery system and associated         this AD or within 30 days after the   0007, Revision 7, dated July 30,
 wiring and circuitry.                 effective date of this AD,            2010.
                                       whichever occurs first.
(2) Revise the airworthiness          Before further flight after doing     Incorporate Chapter 40-AMM-04-01
 limitations section to require        the modification required in          ``Airworthiness Limitations,
 repetitive replacement of the FADEC   paragraph (f)(1) of this AD.          Revision 1'', dated January 25,
 backup battery every 12 calendar                                            2010, of Thielert Aircraft Engines
 months. Thereafter, except as                                               GmbH Supplement Airplane
 provided in paragraph (g) of this                                           Maintenance Manual Piper PA28-161
 AD, no alternative replacement                                              TAE 125-01, Doc. No.: AMM-40-01 US-
 times may be approved for this                                              Version) Version: 1/1, into TAE
 part.                                                                       Airplane Maintenance Manual
                                                                             Supplement, Piper PA28/TAE 125-01,
                                                                             AMM-40-01 (US-Version), Rev. Issue
                                                                             1, dated February 3, 2006.
(3) Incorporate Thielert Aircraft     Before further flight after doing     Not applicable.
 Engines GmbH Supplement Pilot's       the modification required in
 Operating Handbook and FAA Approved   paragraph (f)(1) of this AD.
 Airplane Flight Manual, TAE-No.: 40-
 0310-40042, issue 2, revision 0,
 dated June 1, 2010, into the
 pilot's operating handbook.
----------------------------------------------------------------------------------------------------------------

Alternative Methods of Compliance (AMOCs)

    (g) 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. Send information to 
ATTN: Don O. Young, Aerospace Engineer, FAA, Atlanta ACO, 1701 
Columbia Avenue, College Park, Georgia 30337; telephone: (404) 474-
5585; fax: (404) 474-5606; e-mail: don.o.young@faa.gov. Before using 
any approved AMOC on any airplane to which the AMOC applies, notify 
your appropriate principal inspector (PI) in the FAA Flight 
Standards District Office (FSDO), or lacking a PI, your local FSDO.

Related Information

    (h) To get copies of the service information referenced in this 
AD, contact Thielert Aircraft Engines Service GmbH, 
Platanenstra[szlig]e 14, 09350 Lichtenstein, Deutschland; telephone: 
+49 (37204) 696-0; fax: +49 (37204) 696-1910; Internet: http://www.thielert.com/. To view the AD docket, go to U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, or 
on the Internet at http://www.regulations.gov.

    Issued in Kansas City, Missouri, on September 30, 2010.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.

[FR Doc. 2010-25208 Filed 10-5-10; 8:45 am]
BILLING CODE 4910-13-P
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