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[Federal Register: June 23, 2010 (Volume 75, Number 120)]
[Rules and Regulations]               
[Page 35619-35622]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23jn10-6]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0122; Directorate Identifier 2009-CE-067-AD; 
Amendment 39-16338; AD 2010-13-07]
RIN 2120-AA64

 
Airworthiness Directives; Piper Aircraft, Inc. Models PA-32R-301T 
and PA-46-350P Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Piper Aircraft, Inc. Models PA-32R-301T and PA-46-350P airplanes. This 
AD requires you to replace any spot-welded, V-band exhaust coupling 
with a riveted, V-band exhaust coupling. This AD results from reports 
that spot-welded, V-band exhaust couplings are failing. We are issuing 
this AD to prevent failure of the V-band exhaust coupling, which could 
cause the exhaust pipe to detach from the turbocharger. This failure 
could result in release of high-temperature gases inside the engine 
compartment and possibly cause an in-flight fire. An in-flight fire 
could lead to loss of control.

DATES: This AD becomes effective on July 28, 2010.

[[Page 35620]]

    On July 28, 2010, the Director of the Federal Register approved the 
incorporation by reference of certain publications listed in this AD.

ADDRESSES: To get the service information identified in this AD, 
contact Lycoming, 652 Oliver Street, Williamsport, PA 17701; telephone: 
(570) 323-6181; fax: (570) 327-7101; Internet: http://www.lycoming.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. The docket number is FAA-2010-0122; 
Directorate Identifier; 2009-CE-067-AD.

FOR FURTHER INFORMATION CONTACT: Darby Mirocha, Aerospace Engineer, 
FAA, Atlanta Aircraft Certification Office (ACO), 1701 Columbia Avenue, 
College Park, Georgia 30337; telephone: (404) 474-5573; fax: (404) 474-
5606; e-mail: darby.mirocha@faa.gov.

SUPPLEMENTARY INFORMATION: 

Discussion

    On February 9, 2010, we issued a proposal to amend part 39 of the 
Federal Aviation Regulations (14 CFR part 39) to include an AD that 
would apply to Piper Aircraft, Inc. Models PA-32R-301T and PA-46-350P 
airplanes. This proposal was published in the Federal Register as a 
notice of proposed rulemaking (NPRM) on February 19, 2010 (75 FR 7407). 
The NPRM proposed to require replacing any spot-welded, V-band exhaust 
coupling with a riveted, V-band exhaust coupling.

Comments

    We provided the public the opportunity to participate in developing 
this AD. We received one comment in support of the AD. The following 
presents the additional comments received on the proposal and FAA's 
response to each comment:

Comment Issue No. 1: Incorporate Additional Lycoming Service 
Instructions

    Gerald Stroum and Gerald Blank suggest that Lycoming Service 
Instructions 1448 and 1238B be incorporated into the AD because they 
contain helpful instructions and procedures for the proper installation 
of exhaust components.
    Mr. Stroum also suggests that adding a requirement to free all slip 
joints when replacing the clamp will assist in enabling the exhaust 
system to be installed and aligned correctly.
    The commenters state that these types of clamps (spot welded) have 
been used with a long history of success in the automotive diesel 
industry, and the issue is more readily solved by proper installation 
than by a change in clamp design. Their experience shows proper 
installation, torque techniques, and pre-torque alignments of 
components go a long way in preventing clamp failures down the road.
    We agree with the commenters that proper installation and 
maintenance, which includes freeing the slip joint to ensure proper 
operation, plays a key role in the longevity and proper function of the 
exhaust system.
    The data in Lycoming Service Instruction 1448 contains references 
to part numbers that are not the subject of this AD; therefore, we have 
determined including reference to that service instruction would 
provide confusing and contradictory information. However, we agree 
Lycoming Service Instruction 1238B provides beneficial information 
about the proper assembly and torque procedures of V-band clamps.
    We will change the final rule AD action to incorporate by reference 
Lycoming Service Instruction 1238B. We will not change the final rule 
AD action to incorporate reference to Lycoming Service Instruction 
1448.

Comment Issue No. 2: Correct the Cost of Compliance

    Gerald Blank, Ed Novak, and Shoreline Aviation, Inc. state that the 
Cost of Compliance section in the proposed AD incorrectly reflects the 
number of V-band clamps installed on the airplanes affected by this AD.
    All three commenters suggest changing the Cost of Compliance 
section to accurately reflect the number of V-band clamps installed on 
each affected model airplane.
    We agree with the commenters. After further research, we determined 
that Model PA-32R-301T (Saratoga II TC) has two of the affected V-Band 
clamps installed, and Model PA-46-350P (Mirage) has one. We will change 
the final rule AD action to incorporate this change.

Comment Issue No. 3: The AD Should Be Written Against the V-Band Clamp 
Instead of the Airplanes

    Ed Novak and Shoreline Aviation, Inc. both suggest that since 
identical clamps have failed on other airplane models that prompted two 
previous ADs (AD 2000-11-04 for Commander Aircraft Company (Commander) 
Model 114TC airplanes and AD 2004-23-17 for Mooney Airplane Company, 
Inc., (Mooney) Model M20M airplanes), this AD should be written against 
the Lycoming engine/clamp combination restricting its use on any 
exhaust system.
    Shoreline Aviation, Inc. states the incident that prompted this AD 
would not have happened if the previous ADs had been written against 
the clamp and not the airplanes.
    Based on the specific reports the FAA has received to date 
regarding Piper Aircraft, Inc. Models PA-32R-301T and PA-46-350P 
airplanes and with the subsequent issuance of Piper Service Bulletin 
1180A, the FAA initiated this AD action against certain Piper airplanes 
only.
    We will continue to collect and analyze all available data to 
determine whether the condition exists in any other airplane 
configurations. We may take additional rulemaking action in the future 
to address either additional airplane configurations or the engine 
design depending on the FAA's determination of all existing and future 
information received.

Conclusion

    We have carefully reviewed the available data and determined that 
air safety and the public interest require adopting the AD as proposed 
except for incorporating reference to Lycoming Service Instruction 
1238B and updating the Cost of Compliance section to accurately reflect 
how many V-band clamps each model of the airplanes affected by this AD 
has installed, and minor editorial corrections. We have determined that 
these minor corrections:
     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 596 airplanes in the U.S. registry 
provided they have the affected V-band exhaust coupling installed.
    We estimate the following costs to do the replacement for Model PA-
46-350P airplanes. These airplanes have one V-band clamp installed:

[[Page 35621]]

------------------------------------------------------------------------
                                                          Total cost per
                                                           model PA-46-
               Labor cost                   Parts cost     350P airplane

------------------------------------------------------------------------
2 work-hours x $85 per hour = $170......            $714            $884
------------------------------------------------------------------------

     We estimate the following costs to do the replacement for Model 
PA-32R-301T airplanes. These airplanes have two V-band clamps 
installed:

----------------------------------------------------------------------------------------------------------------
                                                                                                  Total cost per
                                                                                                   model PA-32R-
                       Labor cost                                       Parts cost                 301T airplane

----------------------------------------------------------------------------------------------------------------
2 work-hours per V-band clamp. 2 clamps per airplane: 4  $714 per V-band clamp. $714 x 2 =                $1,768
 work-hours x $85 per hour = $340.                        $1,428..
----------------------------------------------------------------------------------------------------------------

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 AD.

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 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 summary of the costs to comply with this AD (and 
other information as included in the Regulatory Evaluation) and placed 
it in the AD Docket. You may get a copy of this summary by sending a 
request to us at the address listed under ADDRESSES. Include ``Docket 
No. FAA-2010-0122; Directorate Identifier 2009-CE-067-AD'' in your 
request.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the Federal Aviation Administration amends part 39 of the Federal 
Aviation Regulations (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. FAA amends Sec.  39.13 by adding a new AD to read as follows:

2010-13-07 Piper Aircraft, Inc.: Amendment 39-16338; Docket No. FAA-
2010-0122; Directorate Identifier 2009-CE-067-AD.

Effective Date

    (a) This AD becomes effective on July 28, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the following airplane models and serial 
numbers that are certificated in any category:

------------------------------------------------------------------------
              Model                            Serial numbers
------------------------------------------------------------------------
PA-32R-301T......................  3257001 through 3257311.
PA-46-350P.......................  4622001 through 4622200 and 4636001
                                    through 4636341.
------------------------------------------------------------------------

Subject

    (d) Air Transport Association of America (ATA) Code 78: Engine 
Exhaust.

Unsafe Condition

    This AD is the result of reports that spot-welded, V-band 
exhaust couplings are failing. We are issuing this AD to prevent 
failure of the V-band exhaust coupling, which could cause the 
exhaust pipe to detach from the turbocharger. This failure could 
result in release of high-temperature gases inside the engine 
compartment and possibly cause an in-flight fire. An in-flight fire 
could lead to loss of control.

Compliance

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

[[Page 35622]]

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Replace V-band exhaust    At the next           Remove the spot
 couplings, part number (P/    regularly scheduled   welded V-band
 N) Lycoming 40D21162-340M     maintenance event     clamp(s) and
 or Eaton/Aeroquip 55677-      after July 28, 2010   discard. Then, do
 340M with an improved         (the effective date   either of the
 design Eaton/Aeroquip P/N     of this AD) or        following actions:
 NH1009399-10 or Lycoming P/   within the next 25   (i) Install the new
 N 40D23255-340M.              hours time-in-        riveted clamp(s)
                               service (TIS) after   and tighten to an
                               July 28, 2010 (the    initial torque of
                               effective date of     40 in. lbs. Tap the
                               this AD), whichever   V-band clamp(s)
                               occurs first.         around its
                                                     circumference with
                                                     a rubber mallet to
                                                     equalize band
                                                     tension. Retorque
                                                     the clamp(s) to 60
                                                     in. lbs. and again
                                                     tap the clamp(s)
                                                     around its
                                                     circumference.
                                                     Retorque the
                                                     clamp(s) to a 60
                                                     in. lbs. final
                                                     torque and re-
                                                     safety wire the V-
                                                     band coupling(s);
                                                     or
                                                    (ii) Install the new
                                                     riveted clamp(s)
                                                     follow Lycoming
                                                     Service Instruction
                                                     No. 1238B, dated
                                                     January 6, 2010,
                                                     and re-safety wire
                                                     the V-band
                                                     coupling(s).
(2) Do not install any Eaton/ As of July 28, 2010   Not applicable.
 Aeroquip P/N 55677-340M or    (the effective date
 Lycoming P/N 40D21162-340M.   of this AD).
------------------------------------------------------------------------

Alternative Methods of Compliance (AMOCs)

    (f) 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: Darby Mirocha, Aerospace Engineer, FAA, Atlanta ACO, 1701 
Columbia Avenue, College Park, Georgia 30337; telephone: (404) 474-
5573; fax: (404) 474-5606. 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.

Material Incorporated by Reference

    (g) You must use Lycoming Service Instruction No. 1238B, dated 
January 6, 2010, or the procedures specified in paragraph (e)(1) of 
this AD 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 
Lycoming, 652 Oliver Street, Williamsport, PA 17701; telephone: 
(570) 323-6181; fax: (570) 327-7101; Internet: http://www.lycoming.com.
    (3) You may review copies of the service information 
incorporated by reference for this AD at the FAA, Central Region, 
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri 
64106. For information on the availability of this material at the 
Central Region, call (816) 329-3768.
    (4) You may also review copies of the service information 
incorporated by reference for this AD 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 Kansas City, Missouri, on June 14, 2010.
Sandra J. Campbell,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-14991 Filed 6-22-10; 8:45 am]
BILLING CODE 4910-13-P
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