[Federal Register Volume 74, Number 45 (Tuesday, March 10, 2009)]
[Proposed Rules]
[Pages 10195-10197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4987]
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Proposed Rules
Federal Register
________________________________________________________________________
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.
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Federal Register / Vol. 74, No. 45 / Tuesday, March 10, 2009 /
Proposed Rules
[[Page 10195]]
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).
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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 safety-critical 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 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: 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
[[Page 10196]]
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:
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Total cost per Total cost on
Labor cost Parts cost airplane U.S. operators
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4 work-hours x $80 per hour = $320........................... $190 $510 $4,080,000
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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.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 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:
[[Page 10197]]
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Actions Compliance Procedures
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(1) For all aircraft: (A) Initially: Within Follow
(i) Inspect the nose 1,000 hours time-in- INSTRUCTIONS: PART
baggage door assembly service (TIS) since all I of Piper
for damaged, worn, or life-limited components Aircraft, Inc.
corroded components; were installed new Service Bulletin
(ii) Replace life-limited following Piper No. 1194A, dated
components specified in Aircraft, Inc. Service November 10, 2008.
the service information; Bulletin No. 1194A,
and dated November 10,
(iii) Install or inspect, 2008, or within the
as applicable, the nose next 100 hours TIS
baggage placard after the effective
following the service date of this AD,
information. whichever occurs later;
and
(B) Repetitively
thereafter: At
intervals not to exceed
1,000 hours TIS.
(2) For all aircraft: (A) Initially: Within Follow
(i) Lubricate and inspect 100 hours TIS after the INSTRUCTIONS: PART
all nose baggage door effective date of this II of Piper
latching and locking AD; and Aircraft, Inc.
components for damaged, (B) Repetitively Service Bulletin
worn, or corroded thereafter: At No. 1194A, dated
components; and intervals not to exceed November 10, 2008.
(ii) Verify the key can 100 hours TIS.
only be removed from the
lock assembly in the
locked position in
accordance with the
service instructions.
(3) For all aircraft with Before further flight Follow Piper
damaged, worn, or after any inspection Aircraft, Inc.
corroded components: required in paragraphs Service Bulletin
Repair/replace any (e)(1) and (e)(2) of No. 1194A, dated
damaged, worn, or this AD where any November 10, 2008.
corroded components. evidence of damaged,
worn, or corroded
components was found.
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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]
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