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.

Proposed Rules Federal Register

10195 

Vol. 74, No. 45 

Tuesday, March 10, 2009 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0218; Directorate 

Identifier 2009–CE–006–AD] 

RIN 2120–AA64 

Airworthiness Directives; Piper 

Aircraft, Inc. PA–23, PA–31, and PA–42 

Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

Piper Aircraft, Inc. (Piper) PA–23 series 

airplanes and all PA–31 and PA–42 

series airplanes. This proposed AD 

would establish life limits for safetycritical nose baggage door components. 

This proposed AD would also require 

you to replace those safety-critical nose 

baggage door components and 

repetitively inspect and lubricate the 

nose baggage door latching mechanism 

and lock assembly. This proposed AD 

results from several incidents and 

accidents, including fatal accidents, 

where the nose baggage door opening in 

flight was listed as a causal factor. We 

are proposing this AD to detect and 

correct worn, corroded, or nonconforming nose baggage door 

components, which could result in the 

nose baggage door opening in flight. The 

door opening in flight could 

significantly affect the handling and 

performance of the aircraft. It could also 

allow baggage to be ejected from the 

nose baggage compartment and strike 

the propeller. This failure could lead to 

loss of control. 

DATES: We must receive comments on 

this proposed AD by May 11, 2009. 

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 Piper 

Aircraft, Inc., 2926 Piper Drive, Vero 

Beach, Florida 32960; telephone: (772) 

567–4361; fax: (772) 978–6573; Internet: 

http://www.newpiper.com/company/ 

publications.asp. 

FOR FURTHER INFORMATION CONTACT: 

Gregory K. Noles, Aerospace Engineer, 

One Crown Center, 1895 Phoenix Blvd., 

Suite 450, Atlanta, Georgia 30349; 

telephone: (770) 703–6085; fax: (770) 

703–6097. 

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–2009–0218; Directorate 

Identifier 2009–CE–006–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 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

concerning this proposed AD. 

Discussion 

On January 5, 2008, a Piper PA–31– 

350 airplane crashed shortly after 

takeoff. The National Transportation 

Safety Board preliminary report of the 

fatal accident indicates the nose baggage 

door opened in flight. Our investigation 

of the accident indicates the nose 

baggage door opening in flight was a 

causal factor in the accident. The 

investigation also indicated that the 

baggage door did not conform to the 

type design and was not in a condition 

for safe operation. We have also 

received several other incident and 

accident reports where the nose baggage 

door opening in flight was listed as a 

causal factor. 

Our investigation of PA–31 airplanes 

has found additional nonconforming 

nose baggage door components. 

Examples of problems discovered are: 

key locks that have been replaced with 

locks that allow the key to be removed 

when the door is unlocked; bent, 

corroded, worn, or broken parts; parts 

installed backwards; inoperative 

warning systems; and installation of 

secondary latches that are not strong 

enough to secure the door in a closed 

position. 

This condition, if not corrected, could 

result in the nose baggage door opening 

in flight. The door opening in flight 

could significantly affect the handling 

and performance of the aircraft. It could 

also allow baggage to be ejected from the 

nose baggage compartment and strike 

the propeller. This failure could lead to 

loss of control. 

Relevant Service Information 

We have reviewed Piper Aircraft, Inc. 

Service Bulletin No. 1194A, dated 

November 10, 2008. 

The service information describes 

procedures for: 

• Repetitive inspection of the nose 

baggage door latching mechanism and 

lock assembly and replacement of life 

limited parts as identified in the service 

bulletin; and 

• Repetitive lubrication and 

inspection of the nose baggage door 

latching and locking components. 

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 you to replace safety-critical 

nose baggage door components and 

repetitively inspect and lubricate the 

nose baggage door latching mechanism 

and lock assembly. This proposed AD 

would also establish life limits for 

10196 Federal Register / Vol. 74, No. 45 / Tuesday, March 10, 2009 / Proposed Rules 

safety-critical nose baggage door 

components. 

Differences Between This Proposed AD 

and the Service Information 

The applicability of this AD is 

expanded to include Models PA–23, 

PA–23–160, and PA–23–235 airplanes 

that have a nose baggage door installed. 

These models were not manufactured 

with a nose baggage door and are not 

included in Piper Aircraft, Inc. Service 

Bulletin No. 1194A, dated November 10, 

2008. However there are PA–23, PA–23– 

160, and PA–23–235 airplanes in 

service that may have been modified 

with the applicable nose baggage door 

installed. The requirements of this 

proposed AD, if adopted as a final rule, 

would take precedence over the 

provisions in the service information. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 8,000 airplanes in the U.S. 

registry. 

We estimate the following costs to do 

the proposed inspection and parts 

replacement: 

Labor cost Parts cost Total cost per 

airplane 

Total cost on 

U.S. operators 

4 work-hours × $80 per hour = $320 .......................................................................................... $190 $510 $4,080,000 

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. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new AD: 

Piper Aircraft, Inc.: Docket No. FAA–2009– 

0218; Directorate Identifier 2009–CE– 

006–AD. 

Comments Due Date 

(a) We must receive comments on this 

airworthiness directive (AD) action by May 

11, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Models PA–23, PA– 

23–160, PA–23–235, PA–23–250, PA–23–250 

(Navy UO–1), PA–31, PA–31–300, PA–31– 

325, PA–31–350, PA–31P, PA–31P–350, PA– 

31T, PA–31T1, PA–31T2, PA–31T3, PA–42, 

PA–42–720, PA–42–1000, and PA–E23–250 

airplanes, all serial numbers, that are: 

(1) Certificated in any category; and 

(2) Equipped with a baggage door in the 

fuselage nose section (a nose baggage door). 

Unsafe Condition 

(d) This AD results from several incidents 

and accidents, including some fatal 

accidents, where the nose baggage door 

opening in flight was listed as a causal factor. 

We are issuing this AD to detect and correct 

worn, corroded, or non-conforming nose 

baggage door components, which could 

result in the nose baggage door opening in 

flight. The door opening in flight could 

significantly affect the handling and 

performance of the aircraft. It could also 

allow baggage to be ejected from the nose 

baggage compartment and strike the 

propeller. This failure could lead to loss of 

control. 

Compliance 

(e) To address this problem, you must do 

the following, unless already done: 

Federal Register / Vol. 74, No. 45 / Tuesday, March 10, 2009 / Proposed Rules 10197 

Actions Compliance Procedures 

(1) For all aircraft: 

(i) Inspect the nose baggage door assembly for damaged, worn, or corroded 

components; 

(ii) Replace life-limited components specified in the service information; and 

(iii) Install or inspect, as applicable, the 

nose baggage placard following the 

service information. 

(A) Initially: Within 1,000 hours time-in-service 

(TIS) since all life-limited components were 

installed new following Piper Aircraft, Inc. 

Service Bulletin No. 1194A, dated November 10, 2008, or within the next 100 hours 

TIS after the effective date of this AD, 

whichever occurs later; and 

(B) Repetitively thereafter: At intervals not to 

exceed 1,000 hours TIS. 

Follow INSTRUCTIONS: PART I of Piper Aircraft, Inc. Service Bulletin No. 1194A, dated 

November 10, 2008. 

(2) For all aircraft: 

(i) Lubricate and inspect all nose baggage 

door latching and locking components 

for damaged, worn, or corroded components; and 

(ii) Verify the key can only be removed 

from the lock assembly in the locked position in accordance with the service instructions. 

(A) Initially: Within 100 hours TIS after the effective date of this AD; and 

(B) Repetitively thereafter: At intervals not to 

exceed 100 hours TIS. 

Follow INSTRUCTIONS: PART II of Piper Aircraft, Inc. Service Bulletin No. 1194A, dated 

November 10, 2008. 

(3) For all aircraft with damaged, worn, or corroded components: Repair/replace any damaged, worn, or corroded components. Before further flight after any inspection required in paragraphs (e)(1) and (e)(2) of this 

AD where any evidence of damaged, worn, 

or corroded components was found. 

Follow Piper Aircraft, Inc. Service Bulletin No. 

1194A, dated November 10, 2008. 

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: Gregory 

K. Noles, Aerospace Engineer, One Crown 

Center, 1895 Phoenix Blvd., Suite 450, 

Atlanta, Georgia 30349; telephone: (770) 703– 

6085; fax: (770) 703–6097. 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 

(g) To get copies of the service information 

referenced in this AD, contact Piper Aircraft, 

Inc., 2926 Piper Drive, Vero Beach, Florida 

32960; telephone: (772) 567–4361; fax: (772) 

978–6573; Internet: http:// 

www.newpiper.com/company/ 

publications.asp. 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 March 

3, 2009. 

David R. Showers, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–4987 Filed 3–9–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0212; Directorate 

Identifier 2008–NM–122–AD] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 737–600, –700, –700C, –800, 

–900 and –900ER Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for all 

Boeing Model 737–600, –700, –700C, 

–800, –900 and –900ER series airplanes. 

This proposed AD would require 

repetitive testing of the rudder pedal 

forces or repetitive detailed inspections 

of the inner spring of the rudder feel 

and centering unit, and corrective 

actions if necessary. This proposed AD 

also requires replacement of the spring 

assembly in the rudder feel and 

centering unit, which terminates the 

repetitive tests or inspections. This 

proposed AD results from reports of low 

rudder pedal forces that were caused by 

a broken inner spring in the rudder feel 

and centering unit; a broken inner 

spring in conjunction with a broken 

outer spring would significantly reduce 

rudder pedal forces. We are proposing 

this AD to prevent reduced rudder pedal 

forces, which could result in increased 

potential for pilot-induced oscillations 

and reduce the ability of the flightcrew 

to maintain the safe flight and landing 

of the airplane. 

DATES: We must receive comments on 

this proposed AD by April 24, 2009. 

ADDRESSES: You may send comments by 

any of the following methods: 

• 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 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. You 

may review copies of the referenced 

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 or 425–227–1152. 

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