[Federal Register: December 24, 2008 (Volume 73, Number 248)]
[Rules and Regulations]               
[Page 78934-78935]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24de08-6]                         

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1085; Directorate Identifier 2008-CE-057-AD; 
Amendment 39-15777; AD 2008-26-11]
RIN 2120-AA64

 
Airworthiness Directives; Piper Aircraft, Inc. Models PA-46-350P, 
PA-46R-350T, and PA-46-500TP Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Piper Aircraft, Inc. (Piper) Models PA-46-350P, PA-46R-350T, and PA-46-
500TP airplanes. This AD requires you to install a stall warning heat 
control modification kit. This AD results from ice forming on the stall 
vane heater during flights into icing conditions with the landing gear 
down. We are issuing this AD to prevent ice from forming on the stall 
vane, which may result in failure of the stall warning system. This 
failure could result in the pilot being unaware of an approaching stall 
situation.

DATES: This AD becomes effective on January 28, 2009.
    On January 28, 2009, the Director of the Federal Register approved 
the incorporation by reference of certain publications listed in this 
AD.

ADDRESSES: 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/
. 
    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-2008-1085; 
Directorate Identifier 2008-CE-057-AD.

FOR FURTHER INFORMATION CONTACT: John Lee, Aerospace Engineer, Federal 
Aviation Administration, Aircraft Certification Office, One Crown 
Center, 1895 Phoenix Blvd., Suite 450, Atlanta, Georgia 30349; 
telephone: (770) 994-6736; fax: (770) 703-6097.

SUPPLEMENTARY INFORMATION:

Discussion

    On October 3, 2008, 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 Models PA-46-350P, PA-46R-350T, and PA-46-
500TP airplanes. This proposal was published in the Federal Register as 
a notice of proposed rulemaking (NPRM) on October 10, 2008 (73 FR 
60201). The NPRM proposed to require you to install a stall warning 
heat control modification kit.

Comments

    We provided the public the opportunity to participate in developing 
this AD. We received no comments on the proposal or on the 
determination of the cost to the public.

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 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 803 airplanes in the U.S. 
registry.
    We estimate the following costs to do the modification:

----------------------------------------------------------------------------------------------------------------
                                                                                 Total cost per   Total cost on
                          Labor cost                              Parts cost        airplane     U.S.  operators
----------------------------------------------------------------------------------------------------------------
1.5 work-hours x $80 per hour = $120.........................             $95             $215         $172,645
----------------------------------------------------------------------------------------------------------------

    Warranty credit may be given to the extent noted in the service 
bulletin.

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

[[Page 78935]]

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-2008-1085; Directorate Identifier 2008-CE-057-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 the following new AD:

2008-26-11 Piper Aircraft, Inc.: Amendment 39-15777; Docket No. FAA-
2008-1085; Directorate Identifier 2008-CE-057-AD.

Effective Date

    (a) This AD becomes effective on January 28, 2009.

Affected ADs

    (b) None.

Applicability

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

------------------------------------------------------------------------
                 Models                            Serial Nos.
------------------------------------------------------------------------
PA-46-350P.............................  4622001 through 4622200 and
                                          4636001 through 4636445.
PA-46R-350T............................  4692001 through 4692054.
PA-46-500TP............................  4697001 through 4697365.
------------------------------------------------------------------------

Unsafe Condition

    (d) This AD results from ice forming on the stall vane heater 
during flights into icing conditions with the landing gear down. We 
are issuing this AD to prevent ice from forming on the stall vane, 
which may result in failure of the stall warning system. This 
failure could result in the pilot being unaware of an approaching 
stall situation.

Compliance

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

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
Install Stall Warning Heat    Within the next 100   As specified in
 Control Modification Kit,     hours time-in-        Piper Mandatory
 Piper part number 88452-002.  service after         Service Bulletin
                               January 28, 2009      No. 1192, dated
                               (the effective date   September 15, 2008,
                               of this AD).          following Drawing
                                                     No. 88452, dated
                                                     June 19, 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: John Lee, Aerospace Engineer, Federal Aviation Administration, 
Atlanta ACO, One Crown Center, 1895 Phoenix Blvd., Suite 450, 
Atlanta, Georgia 30349; telephone: (770) 994-6736; 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 Mandatory Service Bulletin No. 1192, 
dated September 15, 2008, and Drawing No. 88452, dated June 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 Piper 
Aircraft, Inc., 2926 Piper Drive, Vero Beach, Florida 32960; 
telephone: (772) 567-4361; fax: (772) 978-6573; Internet: http://
www.newpiper.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 December 16, 2008.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-30406 Filed 12-23-08; 8:45 am]

BILLING CODE 4910-13-P