AD 2021-09-02

[Federal Register Volume 86, Number 72 (Friday, April 16, 2021)]
[Rules and Regulations]
[Pages 20029-20032]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-07897]



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Rules and Regulations
                                                Federal Register
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Federal Register / Vol. 86, No. 72 / Friday, April 16, 2021 / Rules 
and Regulations

[[Page 20029]]



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.

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

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:
    <bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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: <a href="/cdn-cgi/l/email-protection#0c6f797f786361697e7f697e7a656f694c7c657c697e226f6361"><span class="__cf_email__" data-cfemail="a6c5d3d5d2c9cbc3d4d5c3d4d0cfc5c3e6d6cfd6c3d488c5c9cb">[email&#160;protected]</span></a>; website: <a href="https://www.piper.com">https://www.piper.com</a>. 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 
<a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. 
FAA-2021-0310.

Examining the AD Docket

    You may examine the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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: <a href="/cdn-cgi/l/email-protection#03696c6b6d2d6f6666436562622d646c75"><span class="__cf_email__" data-cfemail="96fcf9fef8b8faf3f3d6f0f7f7b8f1f9e0">[email&#160;protected]</span></a>.

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,

[[Page 20030]]

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 
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Inspect stall warning heat control    1 work-hour x $85 per                $0              $85         $107,185
 system.                               hour = $85.
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Install modification kit.....................  1.5 work-hours x $85 per hour =         $230.00          $357.50
                                                $127.50.
----------------------------------------------------------------------------------------------------------------

    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

[[Page 20031]]

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

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:
0
a. Removing Airworthiness Directive 2021-04-07, Amendment 39-21428 (86 
FR 10770, February 23, 2021); and
0
b. Adding the following new airworthiness directive:

2021-09-02 Piper Aircraft, Inc.: Amendment 39-21515; Docket No. FAA-
2021-0310; Project Identifier AD-2021-00269-A.

(a) Effective Date

    This airworthiness directive (AD) is effective April 16, 2021.

(b) Affected ADs

    This AD replaces AD 2021-04-07, Amendment 39-21428 (86 FR 10770, 
February 23, 2021).

(c) Applicability

    This AD applies to the following Piper Aircraft, Inc., 
airplanes, certificated in any category:
    (1) Model PA-46-350P (Malibu Mirage) airplanes, serial numbers 
(S/Ns) 4622041, 4636041, 4636142, 4636143, 4636313, 4636341, and 
4636379;
    (2) Model PA-46-500TP (Malibu Meridian) airplanes, S/Ns 4697141, 
4697161, 4697086, and 4697020; and
    (3) Models PA-46-350P (Malibu Mirage), PA-46R-350T (Malibu 
Matrix), and PA-46-500TP (Malibu Meridian) airplanes, all serial 
numbers, if the left wing has been replaced with a serviceable (more 
than zero hours time-in-service) wing.

(d) Subject

    Joint Aircraft System Component (JASC) Code 3700, VACUUM SYSTEM.

(e) Unsafe Condition

    This AD was prompted by nonconforming stall warning heat control 
systems, utilizing a left wing assembly without the proper stall 
warning modification design. 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 is issuing 
this AD to identify and correct nonconforming stall warning heat 
control systems. The unsafe condition, if not addressed, could 
result in the pilot being unaware of an approaching stall situation.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Actions

    (1) Within 100 hours time-in-service (TIS) after the effective 
date of this AD or within 12 months after the effective date of this 
AD, whichever occurs first, inspect the configuration of the stall 
warning heat control system and, if required, install stall warning 
heat control modification kit part number (P/N) 88452-002 before 
further flight in accordance with steps 2 and 3 of the Instructions 
in Piper Aircraft, Inc., Service Letter No. 1261, dated July 19, 
2019.
    (2) As of the effective date of this AD, do not install a wing 
on any Model PA-46-350P (Malibu Mirage), PA-46R-350T (Malibu 
Matrix), or PA-46-500TP (Malibu Meridian) airplane unless you have 
determined that the wing has the correct stall warning heat control 
system as required by paragraph (g)(1) of this AD.

(h) Special Flight Permit

    A special flight permit may be issued to operate the airplane to 
a location where the requirements of this AD can be accomplished 
provided flight into known icing conditions is prohibited.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Atlanta ACO Branch, 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 certification office, send it to the attention of the 
person identified in Related Information.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.
    (3) An AMOC that provides an acceptable level of safety may be 
used for any repair, modification, or alteration required by this AD 
if it is approved by Piper Aircraft, Inc. Organization Designation 
Authorization (ODA) that has been authorized by the Manager, Atlanta 
ACO Branch to make those findings. To be approved, the repair 
method, modification deviation, or alteration deviation must meet 
the certification basis of the airplane, and the approval must 
specifically refer to this AD.
    (4) AMOCs approved for AD 2021-04-07 (86 FR 10770, February 23, 
2021) are approved as AMOCs for the corresponding provisions of this 
AD.
    (5) For service information that contains steps that are labeled 
as Required for Compliance (RC), the following provisions apply.
    (i) The steps labeled as RC, including substeps under an RC step 
and any figures identified in an RC step, must be done to comply 
with the AD. An AMOC is required for any deviations to RC steps, 
including substeps and identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted 
methods in accordance with the operator's maintenance or inspection 
program without obtaining approval of an AMOC, provided the RC 
steps, including substeps and identified figures, can still be done 
as specified, and the airplane can be put back in an airworthy 
condition.

(j) Related Information

    For more information about this AD, contact John Lee, Aviation 
Safety Engineer, Atlanta ACO Branch, FAA, 1701 Columbia Avenue, 
College Park, GA 30337; phone: (404) 474-5568; email: 
<a href="/cdn-cgi/l/email-protection#3b5154535515575e5e7b5d5a5a155c544d"><span class="__cf_email__" data-cfemail="117b7e797f3f7d7474517770703f767e67">[email&#160;protected]</span></a>.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on 
March 30, 2021 (86 FR 10770, February 23, 2021).
    (i) Piper Service Letter No. 1261, dated July 19, 2019.
    (ii) [Reserved]
    (4) For Piper Aircraft, Inc. service information identified in 
this AD, contact Piper Aircraft Inc., 2926 Piper Drive, Vero Beach, 
FL 32960; phone: (772) 299-2686; email: <a href="/cdn-cgi/l/email-protection#a7c4d2d4d3c8cac2d5d4c2d5d1cec4c2e7d7ced7c2d589c4c8ca"><span class="__cf_email__" data-cfemail="2744525453484a4255544255514e444267574e5742550944484a">[email&#160;protected]</span></a>; 
website: <a href="https://www.piper.com/">https://www.piper.com/</a>.
    (5) You may view this service information at the FAA, 
Airworthiness Products Section,

[[Page 20032]]

Operational Safety Branch, 901 Locust, Kansas City, MO 64106. For 
information on the availability of this material at the FAA, call 
(816) 329-4148.
    (6) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email: <a href="/cdn-cgi/l/email-protection#c3a5a6a7b1a6a4edafa6a4a2af83ada2b1a2eda4acb5"><span class="__cf_email__" data-cfemail="096f6c6d7b6c6e27656c6e68654967687b68276e667f">[email&#160;protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued on April 13, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-07897 Filed 4-15-21; 8:45 am]
BILLING CODE 4910-13-P