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[Federal Register Volume 76, Number 98 (Friday, May 20, 2011)]
[Proposed Rules]
[Pages 29176-29179]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12463]

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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 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to revise an existing airworthiness directive (AD) 
that applies to Piper Aircraft, Inc. PA-23, PA-31, and PA-42 airplanes. 
The existing AD currently establishes life limits for safety-critical 
nose baggage door components. That AD also requires you to replace 
those safety-critical nose baggage door components and repetitively 
inspect and lubricate the nose baggage door latching mechanism and lock 
assembly. Since we issued that AD, through further investigation and a 
request for an alternative method of compliance (AMOC), we determined 
the nose baggage door compartment light does not impact the unsafe 
condition addressed by the AD. This proposed AD would remove the 
requirement for the nose baggage door compartment interior light 
inspection and retain the other requirements from AD 2009-13-06, 
Amendment 39-15944 (74 FR 29118). 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 July 5, 2011.

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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified 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. You may review copies of the referenced 
service information at the FAA, Small Airplane Directorate, 901 Locust, 
Kansas City, MO 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 proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (phone: 800-647-5527) is in the ADDRESSES 
section. Comments will be available in the AD docket shortly after 
receipt.

FOR FURTHER INFORMATION CONTACT: Gregory K. Noles, Aerospace Engineer, 
FAA, Atlanta Aircraft Certification Office, 1701 Columbia Avenue, 
College Park, Georgia 30337; telephone: (404) 474-5551; fax: (404) 474-
5606.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. 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 this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because 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 about this proposed AD.

Discussion

    On June 12, 2009, we issued AD 2009-13-06, Amendment 39-15944 (74 
FR 29118), for certain Piper Aircraft, Inc. PA-23, PA-31, and PA-42 
airplanes. That AD established life limits for safety-critical nose 
baggage door components. That AD also required replacement of those 
safety-critical nose baggage door components and repetitive inspections 
and lubrications of the nose baggage door latching mechanism and lock 
assembly. That AD resulted from several incidents and accidents, 
including fatal accidents, where the nose baggage door opening in 
flight was listed as a causal factor. We issued that AD to detect and 
correct damaged, 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.

Actions Since Existing AD Was Issued

    Since we issued AD 2009-13-06, through further investigation and a 
request for a AMOC, we determined that requiring the inspection of the 
nose baggage door compartment light does not impact the unsafe 
condition addressed by the AD.

Relevant Service Information

    We reviewed Piper Aircraft, Inc. Mandatory Service Bulletin No. 
1194A, dated November 10, 2008. The service bulletin establishes life 
limits for safety-critical nose baggage door components, provides 
instructions on inspection and replacement of nose baggage door 
components, and provides instructions for lubrication of the nose 
baggage door latching mechanism and lock assembly.

[[Page 29177]]

FAA's Determination

    We are proposing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would retain certain requirements of AD 2009-13-
06. This proposed AD would remove the requirement for the nose baggage 
door compartment interior light inspection and retain the requirements 
to established life limits for safety-critical nose baggage door 
components, detect and correct damaged, worn, corroded, or non-
conforming nose baggage door components, and repetitive inspections and 
lubrications of the nose baggage door latching mechanism and lock 
assembly.

Differences Between the Proposed AD and the Service Information

    This proposed AD would remove the requirement for the nose baggage 
door compartment light inspection referenced in the last sentence of 
Piper Aircraft, Inc. Mandatory Service Bulletin No. 1194A, dated 
November 10, 2008, Part 1, Step 1.

Costs of Compliance

    We estimate that this proposed AD affects 8,000 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Inspection and parts replacement of   4 work-hours x $85 per              $190             $530       $4,240,000
 nose baggage door.                    hour = $340.
----------------------------------------------------------------------------------------------------------------

    The new requirements of this proposed AD add no additional economic 
burden. The increased estimated cost of this AD is due to increased 
labor cost from 2009 when AD 2009-13-06 was issued.

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),
    (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, 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 removing Airworthiness Directive 
(AD) 2009-13-06, Amendment 39-15944 (74 FR 29118), and adding the 
following new AD:

Piper Aircraft, Inc.: Docket No. FAA-2009-0218; Directorate 
Identifier 2009-CE-006-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by July 5, 
2011.

Affected ADs

    (b) This AD revises AD 2009-13-06, Amendment 39-15944.

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-E23-250, 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, and PA-42-1000 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).

Subject

    (d) Joint Aircraft System Component (JASC)/Air Transport 
Association (ATA) of America Code, 52, Doors.

Unsafe Condition

    (e) This AD was prompted by several incidents and accidents, 
including fatal accidents, where the nose baggage door opening in 
flight was listed as a causal factor. We are issuing this AD to 
establish life limits for safety-critical nose baggage door 
components, replace those safety-critical nose baggage door 
components, and repetitively inspect and lubricate the nose baggage 
door latching mechanism and lock assembly. 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

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

[[Page 29178]]

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               Actions                             Compliance                            Procedures
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(1) For all aircraft:                 Initially within 1,000 hours          Follow INSTRUCTIONS: PART I of Piper
(i) Inspect the nose baggage door      time[dash]in[dash]service (TIS)       Aircraft, Inc. Mandatory Service
 assembly for damaged, worn,           since all life[dash]limited           Bulletin No. 1194A, dated November
 corroded, or non[dash]conforming      components were installed new         10, 2008. As an alternative to
 components;                           following Piper Aircraft, Inc.        using part number 100700-079
(ii) Replace life[dash]limited         Mandatory Service Bulletin No.        placard, you may fabricate a
 components specified in the service   1194A, dated November 10, 2008, or    placard (using at least 1/
 information; and                      within the next 100 hours TIS after   8[dash]inch letters) with the words
(iii) Install or inspect, as           July 24, 2009 (the effective date     in figure 1 of this AD and install
 applicable, the nose baggage          retained from AD 2009-13-06),         the placard directly above the nose
 placard following the service         whichever occurs later.               baggage door handle. This AD does
 information.                          Repetitively thereafter at            not require verification of proper
                                       intervals not to exceed 1,000 hours   functioning of the nose baggage
                                       TIS.                                  compartment interior light as
                                                                             stated in the last sentence of PART
                                                                             1, paragraph 1, of Piper Aircraft,
                                                                             Inc. Mandatory Service Bulletin No.
                                                                             1194A, dated November 10, 2008.
(2) For all aircraft:                 Initially within 100 hours TIS after  Follow INSTRUCTIONS: PART II of
(i) Lubricate and inspect all nose     July 24, 2009 (the effective date     Piper Aircraft, Inc. Mandatory
 baggage door latching and locking     retained from AD 2009-13-06); and     Service Bulletin No. 1194A, dated
 components for damaged, worn,         Repetitively thereafter at            November 10, 2008.
 corroded, or non[dash]conforming      intervals not to exceed 100 hours
 components; and                       TIS.
    (ii) Verify the key can only be
     removed from the lock assembly
     in the locked position in
     accordance with the service
     instructions.
(3) For all aircraft with damaged,    Before further flight after any       Follow Piper Aircraft, Inc.
 worn, corroded, or                    inspection required in paragraphs     Mandatory Service Bulletin No.
 non[dash]conforming components:       (f)(1) and (f)(2) of this AD where    1194A, dated November 10, 2008.
 repair/replace any damaged, worn,     any evidence of damaged, worn,
 corroded, or non[dash]conforming      corroded or non-conforming
 components.                           components was found.
----------------------------------------------------------------------------------------------------------------

                                                                             [GRAPHIC] [TIFF OMITTED] TP20MY11.066
                                                                             
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 appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.
    (3) AMOCs approved for AD 2009-13-06 are approved as AMOCs for 
this AD.

Related Information

    (h) For more information about this AD, contact Gregory K. 
Noles, Aerospace Engineer, FAA, Atlanta ACO, 1701 Columbia

[[Page 29179]]

Avenue, College Park, Georgia 30337; telephone: (404) 474-5551; fax: 
(404) 474-5606.
    (i) For service information identified 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. You may review copies of 
the referenced service information 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 
FAA, call (816) 329-3768.

    Issued in Kansas City, Missouri, on May 13, 2011.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2011-12463 Filed 5-19-11; 8:45 am]
BILLING CODE 4910-13-P
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