DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0830; Project Identifier 2020-CE-002-AD]
RIN 2120-AA64
Airworthiness Directives; Piper Aircraft, Inc., Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive
(AD)
for all Piper Aircraft, Inc., (Piper) Models PA-46-350P (Malibu
Mirage), PA-46R-350T (Malibu Matrix), and PA-46-500TP (Malibu Meridian)
airplanes. This proposed AD was prompted by a finding of several
airplanes with wing assemblies that did not have the proper stall
warning heater modification design. Without the proper stall warning
heat control modification kit installed, during flights into icing
conditions with the landing gear down, ice can form on the stall vane,
which may result in failure of the stall warning system. This proposed
AD would require identifying and correcting nonconforming stall warning
heat control systems. The FAA is proposing this AD to address the
unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by December
14, 2020.
ADDRESSES: You may send comments, using the procedures found in
14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://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 NPRM, contact Piper Aircraft
Inc., 2926 Piper Drive, Vero Beach, FL 32960, telephone: 772-299-2686,
email: customerservice@piper.com, internet: https://www.piper.com/. You
may view the service information at the FAA, Airworthiness Products
Section, Operational Safety Branch, 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 https://www.regulations.
gov by searching for and locating Docket No. FAA-2020-0830;
or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, any comments received, and other information. The street
address for Docket Operations is listed above. Comments will be
available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: John Lee, Aerospace Engineer,
Atlanta
ACO Branch, FAA, AIR-7A3, 1701 Columbia Avenue, College Park, GA 30337;
telephone: (404) 474-5568; email: john.lee@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites 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-2020-0830;
Project Identifier 2020-CE-002-AD" at the beginning of your comments.
The most helpful comments reference a specific portion of the proposal,
explain the reason for any recommended change, and include supporting
data. The FAA will consider all comments received by the closing date
and may amend this proposed AD because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this proposal.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as "PROPIN." The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to John
Lee, Aerospace Engineer, Atlanta ACO Branch, FAA, AIR-7A3, 1701
Columbia Avenue, College Park, GA 30337. Any commentary that the FAA
receives which is not specifically designated as CBI will be placed in
the public docket for this rulemaking.
Discussion
The FAA issued AD 2008-26-11, Amendment 39-15777 (73 FR 78934,
December 24, 2008) ("AD 2008-26-11") for certain serial-numbered
Piper Model PA-46-350P, PA-46R-350T, and PA-46-500TP airplanes. AD
2008-26-11 requires installing stall warning heat control modification
kit part number 88452-002. For those serial-numbered airplanes to which
AD 2008-26-11 does not apply, Piper incorporated the modification kit
in production.
Since the FAA issued AD 2008-26-11, Piper found 11 airplanes (9
domestic) with the left wing replaced with a wing assembly from salvage
that did not have the proper stall warning heater modification design
change. Without the proper stall warning heat control modification kit
during flights into icing conditions with the landing gear down, ice
can form on the stall vane, which may result in failure of the stall
warning system.
This condition, if not addressed, could result in the pilot being
unaware of an approaching stall situation and being unable to react
correctly.
Related Service Information Under 1 CFR part 51
The FAA reviewed Piper Service Letter No. 1261, dated July 19,
2019. The service information contains procedures to identify and
correct nonconforming stall warning heat control systems. The intent of
these service letters is to ensure that wiring for the stall warning
heat control system meets current type design. This service information
is reasonably available because the interested parties have access to
it through their normal course of business or by the means identified
in the ADDRESSES section.
Other Related Service Information
Piper also issued Mandatory Service Bulletin No. 1192, dated September
15, 2008, which is incorporated by reference in AD 2008-26-11.
FAA's Determination
The FAA is proposing this AD because it evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of these same type
designs.
Proposed AD Requirements
This proposed AD would require accomplishing some of the actions
specified in the service information described previously.
Differences Between Proposed AD and Service Information
This proposed AD would not require the first step, which is
identified as a "required for compliance" (RC) step, of Piper Service
Letter No. 1261, dated July 19, 2019. The first step specifies
reviewing the aircraft records to determine whether the inspection of
the stall warning heat control configuration must be done. This
proposed AD would not require a records review. Instead, all airplanes
identified in the applicability of the proposed AD would have to
inspect the stall warning heat control configuration.
Costs of Compliance
The FAA estimates that this proposed AD would affect 1,261 airplanes of
U.S. registry.
The FAA estimates the following costs to comply with this proposed AD:
Estimated Costs
Action
|
Labor cost
|
Parts cost
|
Cost per
product
|
Cost on
U.S. operators
|
Inspect stall warning heat control
system. |
1 work-hour x $85 per hour =
$85 |
$0
|
$85
|
$107,185
|
The FAA estimates the following costs
to do any necessary repairs
that would be required based on the results of the proposed inspection.
The FAA has no way of determining the number of airplanes that might
need these repairs:
On-Condition Costs
Action
|
Labor cost
|
Parts cost
|
Cost per
product
|
Install modification kit |
1.5 work-hours x $85 per hour
= $127.50 |
$230.00
|
$357.50
|
According to the manufacturer, some
of the costs of this proposed
AD may be covered under warranty, thereby reducing the cost impact on
affected individuals. The FAA does not control warranty coverage for
affected individuals. As a result, all costs are included in the cost
estimate.
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.
The FAA is 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
The FAA 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 this proposed
regulation:
(1) Is not a "significant regulatory action" under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, 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.
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 airworthiness
directive (AD):
|