[Federal Register Volume 75, Number 248 (Tuesday, December 28, 2010)]
[Rules and Regulations]
[Pages 81417-81419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31905]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1006; Directorate Identifier 2009-CE-057-AD; 
Amendment 39-16543; AD 2010-26-04]
RIN 2120-AA64


Airworthiness Directives; Piper Aircraft, Inc. Model PA-28-161 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above that are equipped with Thielert Aircraft Engine 
GmbH (TAE) Engine Model TAE-125-01 installed per Supplemental Type 
Certificate (STC) No. SA03303AT. This AD requires installing a full 
authority digital engine control (FADEC) backup battery, replacing the 
supplement pilot's operating handbook and FAA approved airplane flight 
manual, and revising the limitations section of the supplement airplane 
maintenance manual. This AD was prompted by an incident where an 
airplane experienced an in-flight engine shutdown caused by a momentary 
loss

[[Page 81418]]

of electrical power to the FADEC. We are issuing this AD to prevent 
interruption of electrical power to the FADEC, which could result in an 
uncommanded engine shutdown. This failure could lead to a loss of 
engine power.

DATES: This AD is effective February 1, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of certain publication listed in the AD as of February 1, 
2011.

ADDRESSES: For service information identified in this AD, contact 
Thielert Aircraft Engines Service GmbH, Platanenstra[szlig]e 14, 09350 
Lichtenstein, Deutschland; telephone: +49 (37204) 696-0; fax: +49 
(37204) 696-1910; Internet: http://www.thielert.com/. You may review 
copies of the referenced service information at the FAA, Small Airplane 
Directorate, 901 Locust, Kansas City, Missouri 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 AD, the regulatory evaluation, 
any comments received, and other information. The address for the 
Docket Office (phone: 800-647-5527) is Document Management Facility, 
U.S. Department of Transportation, Docket Operations, M-30, West 
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., 
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Don O. Young, Aerospace Engineer, 
Atlanta Aircraft Certification Office (ACO), FAA, 1701 Columbia Avenue, 
College Park, Georgia 30337; telephone: (404) 474-5585; fax: (404) 474-
5606; e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an airworthiness directive (AD) that would apply to 
the specified products. That NPRM published in the Federal Register on 
October 6, 2010 (75 FR 61655). That NPRM proposed to require 
installation of a FADEC backup battery, replacement of the supplement 
pilot's operating handbook and FAA approved airplane flight manual, and 
revision of the limitations section of the supplement airplane 
maintenance manual.

Comments

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

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting the AD as proposed--except for 
minor editorial changes. We have determined that these minor changes:
     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 zero airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Installation of a FADEC backup battery  7 work-hours x $85 per              $780          $1,375             Not
                                         hour = $595.                                                applicable.
----------------------------------------------------------------------------------------------------------------

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

    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 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, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2010-26-04 Piper Aircraft, Inc: Amendment 39-16543; Docket No. FAA-
2010-1006; Directorate Identifier 2009-CE-057-AD.

[[Page 81419]]

Effective Date

    (a) This AD is effective February 1, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model PA-28-161 airplanes, all serial 
numbers, that are:
    (1) Equipped with Thielert Aircraft Engine GmbH (TAE) Engine 
Model TAE-125-01 installed per Supplemental Type Certificate (STC) 
No. SA03303AT; and
    (2) Certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 72: Engine.

Unsafe Condition

    (e) This AD results from an incident where an airplane 
experienced an in-flight engine shutdown caused by a momentary loss 
of electrical power to the FADEC. We are issuing this AD to prevent 
interruption of electrical power to the FADEC, which could result in 
an uncommanded engine shutdown. This failure could lead to a loss of 
engine power.

Compliance

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

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Modify the engine         Within the next 100   Follow Thielert
 electrical system by          hours time-in-        Aircraft Engines
 installing a backup battery   service after         GmbH Service
 system and associated         February 1, 2011      Bulletin TM TAE 651-
 wiring and circuitry.         (the effective date   0007, Revision 7,
                               of this AD) or        dated July 30,
                               within 30 days        2010.
                               after February 1,
                               2011 (the effective
                               date of this AD),
                               whichever occurs
                               first.
(2) Revise the airworthiness  Before further        Incorporate Chapter
 limitations section to        flight after doing    40-AMM-04-01
 require repetitive            the modification      ``Airworthiness
 replacement of the FADEC      required in           Limitations,
 backup battery every 12       paragraph (f)(1) of   Revision 1'', dated
 calendar months.              this AD.              January 25, 2010,
 Thereafter, except as                               of Thielert
 provided in paragraph (g)                           Aircraft Engines
 of this AD, no alternative                          GmbH Supplement
 replacement times may be                            Airplane
 approved for this part.                             Maintenance Manual
                                                     Piper PA28-161 TAE
                                                     125-01, Doc. No.:
                                                     AMM-40-01 (US-
                                                     Version) Version: 1/
                                                     1, into TAE
                                                     Airplane
                                                     Maintenance Manual
                                                     Supplement, Piper
                                                     PA28/TAE 125-01,
                                                     AMM-40-01 (US-
                                                     Version), Rev.
                                                     Issue 1, dated
                                                     February 3, 2006.
(3) Incorporate Thielert      Before further        Not applicable.
 Aircraft Engines GmbH         flight after doing
 Supplement Pilot's            the modification
 Operating Handbook and FAA    required in
 Approved Airplane Flight      paragraph (f)(1) of
 Manual, TAE[dash]No.: 40-     this AD.
 0310-40042, issue 2,
 revision 0, dated June 1,
 2010, into the pilot's
 operating handbook.
------------------------------------------------------------------------

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 Principal 
Maintenance Inspector or Principal Avionics Inspector, as 
appropriate, or lacking a principal inspector, your local Flight 
Standards District Office.

Related Information

    (h) For more information about this AD, contact Don O. Young, 
Aerospace Engineer, FAA, Atlanta ACO, 1701 Columbia Avenue, College 
Park, Georgia 30337; telephone: (404) 474-5585; fax: (404) 474-5606; 
e-mail: [email protected].

Material Incorporated by Reference

    (i) You must use the service information contained in table 1 of 
this AD to do the actions required by this AD, unless the AD 
specifies otherwise.

             Table 1--All Material Incorporated by Reference
------------------------------------------------------------------------
                Document                  Revision          Date
------------------------------------------------------------------------
Thielert Aircraft Engines GmbH Service           7         July 30, 2010
 Bulletin TM TAE 651-0007..............
Chapter 40-AMM-04-01 ``Airworthiness             1      January 25, 2010
 Limitations, Revision 1'', of Thielert
 Aircraft Engines GmbH Supplement
 Airplane Maintenance Manual Piper PA28-
 161 TAE 125-01, Doc. No.: AMM-40-01
 (US[dash]Version) Version: 1/1........
Thielert Aircraft Engines GmbH                   0          June 1, 2010
 Supplement Pilot's Operating Handbook
 and FAA Approved Airplane Flight
 Manual, TAE[dash]No.: 40-0310-40042,
 issue 2...............................
------------------------------------------------------------------------

    (1) The Director of the Federal Register approved the 
incorporation by reference of the service information contained in 
table 1 of this AD under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Thielert Aircraft Engines Service GmbH, Platanenstra[szlig]e 14, 
09350 Lichtenstein, Deutschland; telephone: +49 (37204) 696-0; fax: 
+49 (37204) 696-1910; Internet: http://www.thielert.com/.
    (3) You may review copies of the service information at the FAA, 
Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. 
For information on the availability of this material at the FAA, 
call 816-329-4148.
    (4) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at an NARA facility, 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 13, 2010.
William J. Timberlake,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-31905 Filed 12-27-10; 8:45 am]
BILLING CODE 4910-13-P