Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations 81417 

actions specified in the Accomplishment 

Instructions of the service bulletin, except as 

provided by paragraphs (j), (k), (l), (m), and 

(n) of this AD. 

Note 1: The inspection exceptions 

described in subparagraphs 1.a. through 1.f. 

in paragraph 1.E., ‘‘Compliance,’’ of Boeing 

Service Bulletin 737–53A1289, Revision 1, 

dated November 18, 2009, apply to this AD. 

Credit for Actions Accomplished According 

to Previous Issue of Service Bulletin 

(h) Actions accomplished before the 

effective date of this AD according to Boeing 

Alert Service Bulletin 737–53A1289, dated 

January 14, 2009, are considered acceptable 

for compliance with the corresponding 

actions specified in this AD. 

Exceptions to Service Bulletin Specifications 

(i) Where Boeing Service Bulletin 737– 

53A1289, Revision 1, dated November 18, 

2009, specifies a compliance time after the 

date on the service bulletin, this AD requires 

compliance within the specified compliance 

time after the effective date of this AD. 

(j) Where Boeing Service Bulletin 737– 

53A1289, Revision 1, dated November 18, 

2009, specifies to contact Boeing for 

appropriate action, accomplish applicable 

actions using a method approved in 

accordance with the procedures specified in 

paragraph (p) of this AD. 

(k) Where Boeing Service Bulletin 737– 

53A1289, Revision 1, dated November 18, 

2009, specifies to contact Boeing for 

instructions to repair scribe lines: Remove 

the scribe line damage and install a 

reinforcing repair using an FAA-approved 

method. 

Note 2: Guidance for repairing scribe 

damage (e.g., nicks, gouges, scratches, and 

corrosion) may be found in the Allowable 

Damage section of the appropriate Boeing 

737 Structural Repair Manual (SRM). 

Note 3: Operators must obtain an approved 

damage tolerance evaluation for any repair 

installed to comply with Section 

121.1109(c)(2) or 129.109(c)(2) of the Code of 

Federal Regulations (14 CFR 121.1109(c)(2) 

or 129.109(c)(2)). 

(l) Inspections are not required in areas 

where an existing repair covers a potential 

scribe line or where the scribe line is within 

10 inches of the repair, provided the repair 

spans a minimum of three fastener rows 

beyond each side of the potential scribe line 

location (perpendicular to the scribe line 

direction). If a repair doubler does not span 

the potential scribe line location by 3 or more 

fastener rows, but there is no evidence of 

scribe lines within 10 inches of the repair, 

then inspections under the repair are not 

required. 

(m) Where Boeing Service Bulletin 737– 

53A1289, Revision 1, dated November 18, 

2009, specifies a compliance time of ‘‘before 

further flight’’ for inspecting scribe lines less 

than 0.001 inch deep for cracks, no further 

inspections are required by paragraph (g) of 

this AD, provided that correct sealant 

removal procedures are used for future work 

at those locations. 

(n) If records show that the airplane has 

never been stripped and repainted under the 

dorsal fin fairing since delivery from Boeing, 

then this AD does not require inspections 

specified in paragraph (g) of this AD for the 

butt joint, lap joint, and repairs in the areas 

under the dorsal fin fairing. 

Report 

(o) At the applicable time specified in 

paragraph (o)(1) or (o)(2) of this AD: Submit 

a report of positive findings of cracks found 

during the inspections required by paragraph 

(g) of this AD. You may use Appendix B of 

Boeing Service Bulletin 737–53A1289, 

Revision 1, dated November 18, 2009. Send 

the report to Boeing Commercial Airplanes, 

P.O. Box 3707, Seattle, Washington 98124– 

2207. The report must contain, at a 

minimum, the inspection results, a 

description of any discrepancies found, the 

airplane serial number, and the number of 

flight cycles and flight hours on the airplane. 

Under the provisions of the Paperwork 

Reduction Act (44 U.S.C. 3501 et seq.), the 

Office of Management and Budget (OMB) has 

approved the information collection 

requirements contained in this AD and has 

assigned OMB Control Number 2120–0056. 

(1) If the inspection was done on or after 

the effective date of this AD: Submit the 

report within 30 days after the inspection. 

(2) If the inspection was done before the 

effective date of this AD: Submit the report 

within 30 days after the effective date of this 

AD. 

Alternative Methods of Compliance 

(AMOCs) 

(p)(1) The Manager, Seattle Aircraft 

Certification Office, 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: Wayne Lockett, 

Aerospace Engineer, Airframe Branch, ANM– 

120S, FAA, Seattle Aircraft Certification 

Office, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

917–6447; fax (425) 917–6590. Or, e-mail 

information to 9-ANM-Seattle-ACO-AMOCRequests@faa.gov. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your principal maintenance inspector 

(PMI) or principal avionics inspector (PAI), 

as appropriate, or lacking a principal 

inspector, your local Flight Standards District 

Office. The AMOC approval letter must 

specifically reference this AD. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD, if it is approved by an 

Authorized Representative for the Boeing 

Commercial Airplanes Organization 

Designation Authorization who has been 

authorized by the Manager, Seattle ACO, to 

make those findings. For a repair method to 

be approved, the repair must meet the 

certification basis of the airplane, and the 

approval must specifically refer to this AD. 

Material Incorporated by Reference 

(q) You must use Boeing Service Bulletin 

737–53A1289, Revision 1, dated November 

18, 2009, to do the actions required by this 

AD, unless the AD specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P.O. Box 3707, MC 2H–65, 

Seattle, Washington 98124–2207; telephone 

206–544–5000, extension 1; fax 206–766– 

5680; e-mail me.boecom@boeing.com; 

Internet https://www.myboeingfleet.com. 

(3) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221. 

(4) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, or go 

to: http://www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on 

December 10, 2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–31899 Filed 12–27–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–1006; Directorate 

Identifier 2009–CE–057–AD; Amendment 

39–16543; AD 2010–26–04] 

RIN 2120–AA64 

Airworthiness Directives; Piper 

Aircraft, Inc. Model PA–28–161 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above that are equipped 

with Thielert Aircraft Engine GmbH 

(TAE) Engine Model TAE–125–01 

installed per Supplemental Type 

Certificate (STC) No. SA03303AT. This 

AD requires 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 AD 

was prompted by an incident where an 

airplane experienced an in-flight engine 

shutdown caused by a momentary loss 


srobinson on DSKHWCL6B1PROD with RULES
81418 Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations 

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. 

DATES: This AD is effective February 1, 

2011. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publication listed in the AD 

as of February 1, 2011. 

ADDRESSES: For service information 

identified in this AD, contact Thielert 

Aircraft Engines Service GmbH, 

Platanenstra+e 14, 09350 Lichtenstein, 

Deutschland; telephone: +49 (37204) 

696–0; fax: +49 (37204) 696–1910; 

Internet: http://www.thielert.com/. You 

may review copies of the referenced 

service information at the FAA, Small 

Airplane Directorate, 901 Locust, 

Kansas City, Missouri 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 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 AD 

docket contains this AD, 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: Don 

O. Young, Aerospace Engineer, Atlanta 

Aircraft Certification Office (ACO), 

FAA, 1701 Columbia Avenue, College 

Park, Georgia 30337; telephone: (404) 

474–5585; fax: (404) 474–5606; e-mail: 

don.o.young@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an airworthiness 

directive (AD) that would apply to the 

specified products. That NPRM 

published in the Federal Register on 

October 6, 2010 (75 FR 61655). That 

NPRM proposed to 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. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM or 

on the determination of the cost to the 

public. 

Conclusion 

We reviewed the relevant data and 

determined that air safety and the 

public interest require adopting the 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 zero 

airplanes of U.S. registry. 

We estimate the following costs to 

comply with this AD: 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

Installation of a FADEC backup battery ................. 7 work-hours × $85 per hour = $595 ..... $780 $1,375 Not applicable. 

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 

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 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

2010–26–04 Piper Aircraft, Inc: 

Amendment 39–16543; Docket No. FAA– 

2010–1006; Directorate Identifier 2009–CE– 

057–AD. 


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Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations 81419 

Effective Date 

(a) This AD is effective February 1, 2011. 

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. 

Compliance 

(f) To address this problem, you must do 

the following, unless already done: 

Actions Compliance Procedures 

(1) Modify the engine electrical system by installing a backup battery system and associated wiring and circuitry.Within the next 100 hours time-in-service after 

February 1, 2011 (the effective date of this 

AD) or within 30 days after February 1, 

2011 (the effective date of this AD), whichever occurs first.

Follow Thielert Aircraft Engines GmbH Service Bulletin TM TAE 651–0007, Revision 7, 

dated July 30, 2010. 

(2) Revise the airworthiness limitations section 

to require repetitive replacement of the 

FADEC backup battery every 12 calendar 

months. Thereafter, except as provided in 

paragraph (g) of this AD, no alternative replacement times may be approved for this 

part.

Before further flight after doing the modification required in paragraph (f)(1) of this AD.Incorporate Chapter 40–AMM–04–01 ‘‘Airworthiness Limitations, Revision 1’’, dated 

January 25, 2010, of Thielert Aircraft Engines GmbH Supplement Airplane Maintenance Manual Piper PA28–161 TAE 125– 

01, Doc. No.: AMM–40–01 (US-Version) 

Version: 1/1, into TAE 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 Engines GmbH 

Supplement Pilot’s Operating Handbook and 

FAA Approved Airplane Flight Manual, 

TAE-No.: 40–0310–40042, issue 2, revision 

0, dated June 1, 2010, into the pilot’s operating handbook.

Before further flight after doing the modification required in paragraph (f)(1) of this AD.Not applicable. 

Alternative Methods of Compliance 

(AMOCs) 

(g)(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 the 

Related Information section of this AD. 

(2) Before using any approved AMOC, 

notify your Principal Maintenance Inspector 

or Principal Avionics Inspector, as 

appropriate, or lacking a principal inspector, 

your local Flight Standards District Office. 

Related Information 

(h) For more information about this AD, 

contact 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. 

Material Incorporated by Reference 

(i) You must use the service information 

contained in table 1 of this AD to do the 

actions required by this AD, unless the AD 

specifies otherwise. 

TABLE 1—ALL MATERIAL INCORPORATED BY REFERENCE

Document Revision Date 

Thielert Aircraft Engines GmbH Service Bulletin TM TAE 651–0007 ................................................................. 7 July 30, 2010 

Chapter 40–AMM–04–01 ‘‘Airworthiness Limitations, Revision 1’’, of Thielert Aircraft Engines GmbH Supplement Airplane Maintenance Manual Piper PA28–161 TAE 125–01, Doc. No.: AMM–40–01 (US-Version) 

Version: 1/1 ...................................................................................................................................................... 1 January 25, 2010 

Thielert Aircraft Engines GmbH Supplement Pilot’s Operating Handbook and FAA Approved Airplane Flight 

Manual, TAE-No.: 40–0310–40042, issue 2 .................................................................................................... 0 June 1, 2010 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

the service information contained in table 1 

of this AD under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) For service information identified in 

this AD, contact Thielert Aircraft Engines 

Service GmbH, Platanenstra+e 14, 09350 

Lichtenstein, Deutschland; telephone: +49 

(37204) 696–0; fax: +49 (37204) 696–1910; 

Internet: http://www.thielert.com/. 

(3) You may review copies of the service 

information at the FAA, Small Airplane 

Directorate, 901 Locust, Kansas City, 

Missouri 64106. For information on the 

availability of this material at the FAA, call 

816–329–4148. 

(4) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at an NARA facility, call 202–741– 

6030, or go to http://www.archives.gov/

federal_register/code_of_federal_regulations/

ibr_locations.html. 

Issued in Kansas City, Missouri on 

December 13, 2010. 

William J. Timberlake, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–31905 Filed 12–27–10; 8:45 am] 

BILLING CODE 4910–13–P 


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