DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0310; Project Identifier AD-2021-00269-A;
Amendment 39-21515; AD 2021-09-02]
RIN 2120-AA64
Airworthiness Directives; Piper Aircraft, Inc. Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2021-04-07
which applied to certain Piper Aircraft, Inc., (Piper) Models PA-46-
350P (Malibu Mirage), PA-46R-350T (Malibu Matrix), and PA-46-500TP
(Malibu Meridian) airplanes. AD 2021-04-07 required identifying and
correcting nonconforming stall warning heat control systems. Since AD
2021-04-07 was issued, the FAA was notified of an error in the stall
warning heat control modification kit part number. This AD retains all
of the actions in AD 2021-04-07 and corrects the incorrect modification
kit part number. The FAA is issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective April 16, 2021.
The Director of the Federal Register approved the incorporation by
reference of certain other publications listed in this AD as of March
30, 2021 (86 FR 10770, February 23, 2021).
The FAA must receive any comments on this AD by June 1, 2021.
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 final rule, contact
Piper Aircraft, Inc., 2926 Piper Drive, Vero Beach, FL 32960; phone:
(772) 567-4361; email: customerservice@piper.com; website: https://www.
piper.com. You may view this 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. It is also available at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2021-0310.
Examining the AD Docket
You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0310; 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 final rule, any
comments received, and other information. The street address for Docket
Operations is listed above.
FOR FURTHER INFORMATION CONTACT: John Lee, Aviation Safety Engineer,
Atlanta ACO Branch, FAA, 1701 Columbia Avenue, College Park, GA 30337;
phone: (404) 474-5568; email: john.lee@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued AD 2021-04-07, Amendment 39-21428 (86 FR 10770,
February 23, 2021), (AD 2021-04-07), for certain Piper Models PA-46-
350P (Malibu Mirage), PA-46R-350T (Malibu Matrix), and PA-46-500TP
(Malibu Meridian) airplanes. AD 2021-04-07 required identifying and
correcting nonconforming stall warning heat control systems. AD 2021-
04-07 resulted from the finding of airplanes without 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. The FAA issued
AD 2021-04-07 to require identifying and correcting nonconforming stall
warning heat control systems, which, if not addressed, could result in
the pilot being unaware of an approaching stall situation.
Actions Since AD 2021-04-07 Was Issued
Since the FAA issued AD 2021-04-07, Piper notified the FAA that
paragraph (g) of the AD incorrectly identifies the stall warning heat
control modification kit part number (P/N) as P/N 8452-002 instead of
P/N 88452-002. As there is no stall warning heat control modification
kit with P/N 8452-002, it is impossible for operators to comply with AD
2021-04-07 as written. This AD corrects the error.
FAA's Determination
The FAA is issuing this AD because the agency determined the unsafe
condition described previously is likely to exist or develop in other
products of the same type design.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Piper Service Letter No. 1261, dated July 19,
2019. This service information specifies procedures to identify and
correct nonconforming stall warning heat control systems. The intent of
this service letter 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
The FAA reviewed Piper Mandatory Service Bulletin No. 1192, dated
September 15, 2008. This service bulletin is incorporated by reference
in AD 2008-26-11, Amendment 39-15777 (73 FR 78934, December 24, 2008),
which requires installing stall warning heat control modification kit
P/N 88452-002.
AD Requirements
This AD requires accomplishing the actions specified in the service
information described previously, except as discussed under ``Differences
Between This AD and the Service Information.''
Differences Between This AD and the Service Information
This AD does 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 AD does not
require a records review. Instead, all airplanes identified in the
applicability of this AD have to inspect the stall warning heat control
configuration.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
Since this action retains all of the requirements of AD 2021-04-07
and only corrects an obvious error in the stall warning heat control
modification kit part number, it is unlikely that the FAA will receive
any adverse comments or useful information about this AD from U.S.
operators. Accordingly, notice and opportunity for prior public comment
are unnecessary, pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for
the foregoing reasons, the FAA finds that good cause exists under 5
U.S.C. 553(d) for making this amendment effective in less than 30 days.
Comments Invited
The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2021-0310 and Project Identifier
AD-2021-00269-A'' 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 final rule 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 final rule.
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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to John
Lee, Aviation Safety Engineer, Atlanta ACO Branch, FAA, 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.
Regulatory Flexibility Act
The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because the FAA has determined
that it has good cause to adopt this rule without prior notice and
comment, RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 1,261 airplanes of U.S. registry.
The FAA estimates the following costs to comply with this 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 will be required based on the results of the 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
|
The FAA has included all known costs
in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this AD may be covered under warranty, thereby reducing the cost impact
on affected operators.
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
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, and
(2) Will not affect intrastate aviation in Alaska.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 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:
a. Removing Airworthiness Directive 2021-04-07, Amendment 39-21428 (86
FR 10770, February 23, 2021); and
b. Adding the following new airworthiness directive:
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