29118 Federal Register / Vol. 74, No. 117 / Friday, June 19, 2009 / Rules and Regulations 

FAA AD Differences 

Note 2: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Standards 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: Greg Davison, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4130; fax: (816) 329– 

4090. 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. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, 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 and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI EASA AD No.: 2009– 

0031, dated February 18, 2009; and RUAG 

Aerospace Defence Technology Dornier 228 

Alert Service Bulletin ASB–228–279, dated 

December 19, 2008, for related information. 

Material Incorporated by Reference 

(i) You must use RUAG Aerospace Defence 

Technology Dornier 228 Alert Service 

Bulletin ASB–228–279, dated December 19, 

2008, 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 RUAG Aerospace Services 

GmbH, Dornier 228 Customer Support, P.O. 

Box 1253, 82231 Wessling, Federal Republic 

of Germany, telephone: +49 (0) 8153–30– 

2280; fax: +49 (0) 8153–30–3030; E-mail: 

custsupport.dorner228@ruag.com; Internet: 

http://www.ruag.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 

10, 2009. 

Scott A. Horn, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–14083 Filed 6–18–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0218; Directorate 

Identifier 2009–CE–006–AD; Amendment 

39–15944; AD 2009–13–06] 

RIN 2120–AA64 

Airworthiness Directives; Piper 

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

Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting 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 AD establishes life 

limits for safety-critical nose baggage 

door components. This 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. This 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 issuing 

this 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. 

DATES: This AD becomes effective on 

July 24, 2009. 

On July 24, 2009, 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 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. The docket 

number is FAA–2009–0218; Directorate 

Identifier 2009–CE–006–AD. 

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: 

Discussion 

On March 3, 2009, 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 

certain Piper PA–23 series airplanes and 

all PA–31 and PA–42 series airplanes. 

This proposal was published in the 

Federal Register as a notice of proposed 

rulemaking (NPRM) on March 10, 2009 

(74 FR 10195). The NPRM proposed to 

establish life limits for safety-critical 

nose baggage door components. The 

NPRM also proposed to require 

replacement of those safety-critical nose 

baggage door components and 

repetitively inspect and lubricate the 

nose baggage door latching mechanism 

and lock assembly. 

Comments 

We provided the public the 

opportunity to participate in developing 

this AD. The following presents the 

comments received on the proposal and 

FAA’s response to each comment: 

Comment Issue No. 1: Require the 

Installation of a Secondary Forward 

Baggage Door Latch 

Iliamna Air Taxi, Inc. and others 

request the AD incorporate a secondary 

forward baggage door latch per 

supplemental type certificate (STC) 

number SA02331AK as part of the 

solution. The recommendations range 

from making the STC latch an 

additional action to this AD to having 

the STC latch as a terminating action for 

this AD. The commenters suggest the 

STC latch provides a cost-effective 

option that provides additional or 

improved safety to the AD action. One 

commenter questioned the validity of 

the AD action by referencing incidents/ 

accidents that occurred after the FAA 


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Federal Register / Vol. 74, No. 117 / Friday, June 19, 2009 / Rules and Regulations 29119 

addressed National Transportation 

Safety Board (NTSB) safety 

recommendation A–78–004 from a 

related accident. The commenter also 

states that Piper has released two 

previous service bulletins that have not 

been effective in preventing incidents/ 

accidents and believes this AD will also 

be ineffective. 

The FAA disagrees. A properly 

inspected, maintained, and latched nose 

baggage door latch does not have an 

unsafe condition. The intent of this AD 

is to assure the nose baggage door 

latches properly and to alert the pilot to 

check that the door is properly latched. 

The STC latch, and other similar 

latches, do not directly infringe on the 

actions or intent of the AD and could, 

therefore, be installed at owner/operator 

discretion. The STC latch could 

potentially add another level of safety to 

the operation of the nose baggage door. 

However, no formal evidence exists that 

it could be considered a replacement or 

fail-safe system to the existing type 

design. Even if the STC latch were 

validated for a backup or fail-safe 

purpose, it is only approved for a 

limited number of the aircraft models 

affected by this AD and would not 

provide a comprehensive solution. For 

these reasons, the STC will remain an 

optional installation. 

The FAA is not aware of any 

incidents or accidents that have been 

attributed to a latch when it is installed 

per the type design, maintained per the 

Instructions for Continued 

Airworthiness, and operated per 

required procedures. The NPRM and 

Piper Aircraft, Inc. Service Bulletin No. 

1194A, dated November 10, 2008, are a 

valid solution. They highlight the 

importance of these measures, provide a 

detailed inspection program, and add 

life-limits to critical latch components. 

These steps are beyond any previous 

actions taken to provide the required 

level of safety. 

We will not change the final rule AD 

action based on this comment. 

Comment Issue No. 2: Allow a Smaller 

Nose Baggage Door Placard 

An anonymous commenter requests 

that we allow use of a smaller nose 

baggage door placard because the 

placard supplied in the piper part 

number 88451–002 kit is unnecessarily 

large for the application and 

‘‘unsightly.’’ 

The FAA agrees. A smaller placard 

can be considered for the application. 

We will change the AD to allow the use 

of a smaller placard provided the size of 

the letters is a minimum of 1⁄8-inch. 

Comment Issue No. 3: Revise the 

Emergency Procedures in the Pilot 

Operating Handbook (POH) To Add 

Procedures for the Nose Baggage Door 

Opening In-Flight 

The NTSB commented that they 

support the AD and encourage 

dissemination to flight-related 

publications likely to be read by 

operators. However, they also 

commented that the AD should add 

emergency procedures to the POH for 

affected airplanes, indicating how pilots 

should respond to a nose baggage door 

inadvertently opening in-flight. 

The FAA disagrees. Operation with 

the baggage door open is not permitted 

and evaluation of handling qualities 

with the baggage door open is not a 

regulatory requirement. Therefore, data 

for emergency procedures is not 

available because a configuration with 

the baggage door open has never been 

tested. Without test data, specific 

emergency procedures can not be 

recommended. 

We will not change the final rule AD 

action based on this comment. 

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 

the changes previously discussed 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 8,000 

airplanes in the U.S. registry. 

We estimate the following costs to do 

the 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 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–2009–0218; 

Directorate Identifier 2009–CE–006– 

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 

■ Accordingly, under the authority 

delegated to me by the Administrator, 


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29120 Federal Register / Vol. 74, No. 117 / Friday, June 19, 2009 / Rules and Regulations 

the Federal Aviation Administration 

amends part 39 of the Federal Aviation 

Regulations (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. FAA amends § 39.13 by adding a 

new AD to read as follows: 

2009–13–06 Piper Aircraft, Inc.: 

Amendment 39–15944; Docket No. 

FAA–2009–0218; Directorate Identifier 

2009–CE–006–AD. 

Effective Date 

(a) This AD becomes effective on July 24, 

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–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). 

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 

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. 

Compliance 

(e) To address this problem, you must do 

the following, unless already done: 

Actions Compliance Procedures 

(1) For all aircraft: 

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

non-conforming 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 July 24, 2009 (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. As an alternative to 

using part number 100700-079 placard, you 

may fabricate a placard (using at least 

1⁄8-inch letters) with the words in figure 1 of 

this AD and install the placard directly 

above the nose baggage door handle. 

(2) For all aircraft: 

(i) lubricate and inspect all nose baggage 

door latching and locking components for 

damaged, worn, corroded, or 

non-conforming components; and 

(A) Initially: within 100 hours TIS after July 24, 

2009 (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. 

(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, worn, corroded, or non-conforming components: repair/replace any damaged, worn, corroded, or 

non-conforming 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. 


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Federal Register / Vol. 74, No. 117 / Friday, June 19, 2009 / Rules and Regulations 29121 

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. 

Material Incorporated by Reference 

(g) You must use Piper Aircraft, Inc. 

Service Bulletin No. 1194A, dated November 

10, 2008, 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 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. 

(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 

12, 2009. 

Scott A. Horn, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–14307 Filed 6–18–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0262; Directorate 

Identifier 2008–NM–208–AD; Amendment 

39–15946; AD 2009–13–07] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A330–201, –202, –203, –223, –243, 

–301, –302, –303, –321, –322, –323, 

–341, –342, and –343 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

During receipt of spare parts at the final 

assembly line, it was discovered that lugs of 

the assembly nut * * * had been inverted 

(wrong orientation of the braking pin) during 

manufacturing process at the supplier. 

* * * This lug inversion could give the 

illusion of correct torque whereas the 

affected parts are not properly connected. 

Loose connection could lead to loss of the 

fire extinguishing system integrity and 

therefore inability to ensure the adequate 

agent concentration. In combination with an 

engine fire event, it could result in a 

temporary uncontrolled engine fire, which 

constitutes an unsafe condition. 

* * * * * 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective July 

24, 2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of July 24, 2009. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at the 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Vladimir Ulyanov, Aerospace Engineer, 


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