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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-1302; Project Identifier AD-2024-00213-A;
Amendment 39-22749; AD 2024-10-04]
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 adopting a new airworthiness directive (AD)
for
certain Piper Aircraft, Inc. (Piper) Model PA-28-181, PA-28R-201, PA-
34-220T, and PA-44-180 airplanes. This AD was prompted by a report of
a
double-drilled bolt hole of the rear wing spar attachment fitting found
during an unscheduled inspection of an airplane due to a ground
collision with an automobile. This AD requires inspecting the rear wing
spar attachment fitting and, if discrepancies are found, inspecting the
forward wing spar attachment fitting, accomplishing corrective actions
as required, and reporting to the FAA when corrective actions are
required. The FAA is issuing this AD to address the unsafe condition on
these products.
DATES: This AD is effective June 6, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 6,
2024.
The FAA must receive comments on this AD by July 8, 2024.
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 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.
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2024-1302; 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.
Material Incorporated by Reference:
For service information, contact Piper Aircraft, Inc.,
2926 Piper Drive, Vero Beach, FL 32960; phone: (772) 567-4361; email:
customerservice@piper.com; website: 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 (817) 222-5110. It is also available at
regulations.gov under Docket No. FAA-2024-1302.
FOR FURTHER INFORMATION CONTACT: Fred Caplan, Aviation Safety Engineer,
FAA, East Certification Branch, FAA, 1701 Columbia Avenue, College
Park, GA 30337; phone: (404) 474-5507; email: 9-ASO-ATLACO-ADs@faa.gov.
SUPPLEMENTARY INFORMATION:
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-2024-1302; Project Identifier AD-
2024-00213-A'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, 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
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 Fred
Caplan, Aviation Safety Engineer, FAA, East Certification 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.
Background
The FAA is issuing this AD to correct an unsafe condition on
certain serial-numbered Piper Model PA-28-181, PA-28R-201, PA-34-220T,
and PA-44-180 airplanes. The FAA received a report that a double-
drilled bolt hole of the rear wing spar attachment fitting was found
during an unscheduled inspection of an airplane due to a ground
collision with an automobile. This was the result of an error made
during manufacturing. A double-drilled bolt hole of the rear wing spar
attachment fitting reduces its strength below its limit load with
possible failure of the fitting, which can lead to load redistribution
and result in possible failure of the primary wing structure. This
condition, if not addressed, could result in separation of the wing and
loss of control of the airplane. The FAA is issuing this AD to address
the unsafe condition on these products.
FAA's Determination
The FAA is issuing this AD because the agency has 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 Bulletin No. 1413, dated April 9,
2024 (Piper Service Bulletin No. 1413). This service information
specifies procedures for inspecting the front and rear wing spar
attachment fittings for correctly drilled holes and corrosion and
accomplishing corrective actions if needed. 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
ADDRESSES.
AD Requirements
This AD requires accomplishing the actions specified in the service
information already described, except as discussed under ``Differences
Between the AD and the Service Information.'' This AD also requires
sending the inspection results to the FAA when corrective actions are
required.
Differences Between the AD and the Service Information
Piper Service Bulletin No. 1413 includes a corrosion inspection and
corrosion corrective actions. However, these are not directly related
to the current unsafe condition of this AD and are not part of the
required actions of this AD.
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.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies forgoing notice and comment prior to adoption of this rule
because a double-drilled bolt hole of the rear wing spar attachment
fitting reduces the strength of the fitting below its limit load, and,
if not addressed, could result in separation of the wing and loss of
control of the airplane. Because these airplanes are used heavily in
training operations and accumulate a large number of flight hours in a
short period of time, inspection for this condition is necessary before
further flight. Accordingly, notice and opportunity for prior public
comment are impracticable and contrary to the public interest pursuant
to 5 U.S.C. 553(b)(3)(B).
In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forgo notice and
comment.
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 499 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 the aft wing spar attachment
fitting |
1 work-hour x $85 per
hour = $85
|
$0
|
$85
|
$42,415
|
The FAA estimates the following costs
to do any necessary repairs
that would be required based on the results of the inspection. The
agency 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 |
| Report discrepant condition |
1 work-hour x $85 per hour =
$85 |
$0 |
$85 |
| Inspect the forward wing spar
attachment fitting |
1 work-hour x $85
per hour = $85 |
$0 |
$85 |
| Perform corrective actions if
condition discovered |
10 work-hours x $85
per hour = $850 |
Up to $2,808 |
Up to $3,658 |
Paperwork Reduction Act
A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a currently valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. Public
reporting for this collection of information is estimated to be
approximately 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing this burden to: Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.
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 adding the following new airworthiness
directive:
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