Airworthiness Directives; The New Piper Aircraft, Inc. Models PA-23-235, PA-23-250, and PA-E23-250 Airplanes, 1332-1335 [05-184]
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Federal Register / Vol. 70, No. 5 / Friday, January 7, 2005 / Rules and Regulations
Nassif Building, Room PL–401, Washington,
DC 20590–001 or on the Internet at https://
dms.dot.gov. The docket number is FAA–
2004–19221.
Issued in Kansas City, Missouri, on
December 28, 2004.
David A. Downey,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 05–185 Filed 1–6–05; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2004–18597; Directorate
Identifier 2004–CE–21–AD; Amendment 39–
13934; AD 2005–01–10]
RIN 2120–AA64
Airworthiness Directives; The New
Piper Aircraft, Inc. Models PA–23–235,
PA–23–250, and PA–E23–250 Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
SUMMARY: The FAA adopts a new
airworthiness directive (AD) that
supersedes Airworthiness Directive
(AD) 74–06–01, which applies to certain
The New Piper Aircraft, Inc. (Piper)
Models PA–23–235, PA–23–250, and
PA–E23–250 airplanes equipped with
Garrett Aviation Services (Garrett)
(formerly AiResearch)
turbosuperchargers installed under
supplemental type certificate (STC)
SA852WE, SA909WE, or SA978WE; or
installed under Piper Aircraft Drawing
Number 32016. AD 74–06–01 currently
requires you to replace
turbosupercharger oil tanks, install fire
shrouds, seal all openings in the fire
shrouds, and add drainage provisions in
the oil tank fairings for airplane serial
numbers 27–1 through 27–2504; and
add drainage provisions in the air
scoops on serial numbers 27–2505 and
higher. This AD requires you to replace
the oil reservoir and related hoses with
a fireproof oil tank and fire-shielded
hoses. This AD results from a report of
a fatal accident related to the breakdown
of the turbocharger oil reservoir
following a fire in the engine nacelle.
We are issuing this AD to prevent
turbosupercharger oil reservoirs with
inadequate fire resistance from failing
when exposed to flame or exhaust gases.
This failure could lead to an in-flight
fire within the nacelle area penetrating
the firewall and subsequent failure of
the wing spar.
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16:17 Jan 06, 2005
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This AD becomes effective on
February 22, 2005.
As of February 22, 2005, the Director
of the Federal Register approved the
incorporation by reference of certain
publications listed in the regulation.
ADDRESSES: You may get the service
information identified in this AD from:
—For any installation under
supplemental type certificate (STC)
SA852WE, SA909WE, or SA978WE:
The Nordam Group, Nacelle/Thrust
Reverser Division, 6911 N. Whirlpool
Drive, Tulsa, OK 74117; telephone:
(918) 878–4000; facsimile: (918) 878–
4808; and
—For any installation under Piper
Aircraft Drawing Number 32016: The
New Piper Aircraft, Inc., 2926 Piper
Drive, Vero Beach, Florida, 32960;
and The Nordam Group, Nacelle/
Thrust Reverser Division, 6911 N.
Whirlpool Drive, Tulsa, OK 74117;
telephone: (918) 878–4000; facsimile:
(918) 878–4808.
To review this service information, go
to the National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, go to: https://
www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html or call (202) 741–
6030.
To view the AD docket, go to the
Docket Management Facility; U.S.
Department of Transportation, 400
Seventh Street, SW., Nassif Building,
Room PL–401, Washington, DC 20590–
001 or on the Internet at https://
dms.dot.gov. The docket number is
FAA–2004–18597.
FOR FURTHER INFORMATION CONTACT:
Roger Pesuit, Aerospace Engineer, FAA,
Los Angeles Aircraft Certification
Office, 3960 Paramount Boulevard,
Lakewood, CA 90712–4137; telephone:
(562) 627–5251; facsimile: (562) 627–
5210.
SUPPLEMENTARY INFORMATION:
DATES:
Discussion
What events have caused this AD?
The need to minimize fire hazards in
the engine compartment on The New
Piper Aircraft, Inc. (Piper) Models PA–
23–235, PA–23–250, and PA–E23–250
airplanes equipped with AiResearch
turbosuperchargers installed under
supplemental type certificate (STC)
SA852WE, SA909WE, or SA978WE; or
installed under Piper Aircraft Drawing
32016 caused FAA to issue AD 74–06–
01, Amendment 39–1977. AD 74–06–01
currently requires the following on any
Piper Models PA–23–235, PA–23–250,
and PA–E23–250 airplanes equipped
with AiResearch turbosuperchargers
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Fmt 4700
Sfmt 4700
installed under STC SA852WE,
SA909WE, or SA978WE; or installed
under Piper Aircraft Drawing Number
32016:
—Replacing the existing
turbosupercharger oil tanks;
—installing fire shrouds;
—sealing all openings in the fire
shrouds;
—(for airplane serial numbers 27–1
through 27–2504) adding drainage
provisions in the oil tank fairings; and
—(for airplane serial numbers 27–2505
and higher) adding drainage
provisions in the air scoops.
What has happened since AD 74–06–
01 to initiate this action? The FAA has
received a report of a fatal accident
related to the breakdown of the
turbosupercharger oil reservoir. A Piper
Model PA 23–250 airplane equipped
with the STC turbocharger installation
was involved in a fatal accident. The
accident investigation revealed a
breakdown of the turbosupercharger oil
reservoir. Examination of the aircraft
wreckage revealed evidence of an inflight fire where the turbosupercharger
oil reservoir was burned to include the
rear firewall portion of the reservoir
allowing fire to move aft, softening the
wing spar.
What is the potential impact if FAA
took no action? Failure of the
turbosupercharger oil reservoir when
exposed to flame or exhaust gases could
lead to an in-flight fire and failure of the
wing spar.
Has FAA taken any action to this
point? We issued a proposal to amend
part 39 of the Federal Aviation
Regulations (14 CFR part 39) to include
an AD that would apply to certain Piper
Models PA–23–235, PA–23–250, and
PA–E23–250 airplanes equipped with
Garrett Aviation Services (Garrett)
(formerly AiResearch)
turbosuperchargers installed under STC
SA852WE, SA909WE, or SA978WE; or
installed under Piper Aircraft Drawing
Number 32016. This proposal was
published in the Federal Register as a
notice of proposed rulemaking (NPRM)
on September 22, 2004 (69 FR 56733).
The NPRM proposed to supersede AD
74–06–01, which applies to certain
Piper Models PA–23–235, PA–23–250,
and PA–E23–250 airplanes equipped
with Garrett Aviation Services (Garrett)
(formerly AiResearch)
turbosuperchargers installed under STC
SA852WE, SA909WE, or SA978WE; or
installed under Piper Aircraft Drawing
Number 32016. AD 74–06–01 currently
requires you to replace
turbosupercharger oil tanks, install fire
shrouds, seal all openings in the fire
shrouds, and add drainage provisions in
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Federal Register / Vol. 70, No. 5 / Friday, January 7, 2005 / Rules and Regulations
the oil tank fairings for airplane serial
numbers 27–1 through 27–2504; and the
NPRM proposed to require you to add
drainage provisions in the air scoops on
serial numbers 27–2505 and higher.
Comments
Was the public invited to comment?
We provided the public the opportunity
to participate in developing this AD.
The following presents the comment
received on the proposal and FAA’s
response to the comment:
Comment Issue: Require Installation of
FAA-Approved Parts Manufacturer
Approval (PMA) Parts
What is the commenter’s concern?
The commenter recommends that FAA
revise the AD to require installation of
FAA-approved PMA parts. Further, the
commenter writes that the proposed AD
requires replacement of parts installed
under an STC. The parts proposed to be
installed have not been approved under
14 CFR 21.303(a). Therefore, the
commenter states that the parts are not
eligible for installation.
What is FAA’s response to the
concern? The FAA concurs that the AD
should require the installation of PMA
parts. However, incorporating the
service bulletin, either standard parts or
PMA parts are required. Therefore, we
do not feel that a rewrite of the AD is
necessary. Note that the first two sets of
parts shipped omitted the PMA
identification. The recipients of these
were notified and arrangements made to
exchange these parts for those having
appropriate PMA identification. All
subsequent shipments contain the
required PMA identification.
We are not changing the final rule AD
action based on these comments.
Conclusion
What is FAA’s final determination on
this issue? We have carefully reviewed
the available data and determined that
air safety and the public interest require
adopting the AD as proposed except for
the changes discussed above and minor
editorial corrections. We have
determined that these changes and
minor corrections:
—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.
Docket Information
Where can I go to view the docket
information? You may view the AD
docket that contains information
relating to this subject in person at the
DMS Docket Offices between 9 a.m. and
5 p.m. (eastern standard time), Monday
Labor cost
through Friday, except Federal holidays.
The Docket Office (telephone 1–800–
647–5227) is located on the plaza level
of the Department of Transportation
NASSIF Building at the street address
stated in ADDRESSES. You may also view
the AD docket on the Internet at
https://dms.dot.gov.
Changes to 14 CFR Part 39—Effect on
the AD
How does the revision to 14 CFR part
39 affect this AD? On July 10, 2002, the
FAA published a new version of 14 CFR
part 39 (67 FR 47997, July 22, 2002),
which governs the FAA’s AD system.
This regulation now includes material
that relates to altered products, special
flight permits, and alternative methods
of compliance. This material previously
was included in each individual AD.
Since this material is included in 14
CFR part 39, we will not include it in
future AD actions.
Costs of Compliance
How many airplanes does this AD
impact? We estimate that this AD affects
250 airplanes in the U.S. registry.
What is the cost impact of this AD on
owners/operators of the affected
airplanes? We estimate the following
costs to do the modification:
Parts cost
14 workhours × $65 per hour = $910 ..........................................................................................
Authority for This Rulemaking
What authority does FAA have for
issuing this rulemaking action? 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 AD.
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Regulatory Findings
Will this AD impact various entities?
We have determined that 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.
Will this AD involve a significant rule
or regulatory action? 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 the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); 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.
We prepared a summary of the costs
to comply with this AD and placed it in
the AD Docket. You may get a copy of
PO 00000
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Fmt 4700
Sfmt 4700
$2,500
Total cost per
airplane
Total cost on
U.S. operators
$3,410
$852,500
this summary by sending a request to us
at the address listed under ADDRESSES.
Include ‘‘Docket No. FAA–2004–18597;
Directorate Identifier 2004–CE–21–AD’’
in your request.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the Federal Aviation Administration
amends part 39 of the Federal Aviation
Regulations (14 CFR part 39) as follows:
I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
E:\FR\FM\07JAR1.SGM
07JAR1
1334
§ 39.13
Federal Register / Vol. 70, No. 5 / Friday, January 7, 2005 / Rules and Regulations
[Amended]
2. The FAA amends § 39.13 by
removing Airworthiness Directive (AD)
74–06–01, Amendment 39–1977, and by
adding a new AD to read as follows:
I
2005–01–10 The New Piper Aircraft, Inc.:
Amendment 39–13934; Docket No.
FAA–2004–18597; Directorate Identifier
2004–CE–21–AD.
When Does This AD Become Effective?
(a) This AD becomes effective on February
22, 2005.
What Other ADs Are Affected by This
Action?
(b) This AD supersedes AD 74–06–01.
What Airplanes Are Affected by This AD?
(c) This AD affects Models PA–23–235,
PA–23–250, and PA–E23–250 airplanes, all
serial numbers, that are
(1) certificated in any category; and
(2) equipped with Garrett Aviation
Services (Garrett) (formerly AiResearch)
turbosuperchargers installed under
supplemental type certificate (STC)
SA852WE, SA909WE, or SA978WE; or
installed under The New Piper, Inc. (Piper)
Aircraft Drawing Number 32016.
Note: Piper manufactured the majority of
affected airplanes with the turbocharger
system. The turbocharger system installed
under Piper Aircraft Drawing Number 32016
(STC SA909WE) was a factory option on the
Piper Model PA–23–250 or PA–E23–250 with
serial numbers 27–2505 through 27–3943.
What is the Unsafe Condition Presented in
This AD?
(d) This AD is the result of a report of a
fatal accident related to the breakdown of the
turbocharger oil reservoir following a fire in
the engine nacelle. The actions specified in
this AD are intended to prevent
turbosupercharger oil reservoirs with
inadequate fire resistance from failing when
exposed to flame or exhaust gases. This
failure could lead to an in-flight fire within
the nacelle area penetrating the firewall and
subsequent failure of the wing spar.
What Must I do to Address This Problem?
(e) To address this problem, you must do
the following:
Actions
Compliance
Procedures
(1) For any turbosupercharger installation
under supplemental type certificate (STC)
SA852WE, SA909WE, or SA978WE:
Within the next 100 hours time-in-service (TIS)
after February 22, 2005 (the effective date
of this AD), unless already done.
(2) For any turbosupercharger installation
under Piper Aircraft Drawing Number 32016:
Within the next 100 hours TIS after February
22, 2005 (the effective date of this AD), unless already done.
Follow the procedures in Garrett Aviation
Service Bulletin No. 1002143, Revision A,
dated June 18, 2004.
(i) Replace any oil reservoir (part number (P/
N) 286–P23–028–81 or 286–P23–028–111,
or FAA-approved equivalent P/N) with a
fireproof oil tank (P/N 10ND79200–1 or
10ND79200–3, or FAA-approved equivalent
P/N); and
(ii) Replace the installed oil reservoir hoses
with fire-shielded hoses.
Follow the procedures in The New Piper Aircraft, Inc. Vendor Service Publication No.
166, dated August 20, 2004 and the procedures in Garrett Aviation Service Bulletin
No. 1002143, Revision A, dated June 18,
2004.
(i) Replace any oil reservoir (P/N 286–P23–
028–81 or 286–P23–028–111, or FAA-approved equivalent P/N) with a fireproof oil
tank (P/N 10ND79200–1 or 10ND79200–3,
or FAA-approved equivalent P/N); and
(ii) Replace the installed oil reservoir hoses
with fire-shielded hoses.
Not Applicable.
(3) For any turbosupercharger installation As of February 22, 2005 (the effective date of
under STC SA852WE, SA909WE, or
this AD).
SA978WE; or Piper Aircraft Drawing Number
32016: Do not install any oil reservoir (P/N
286–P23–028–81 or 286–P23–028–111, or
FAA-approved equivalent P/N). Do not install
any oil reservoir hose that is not fire-shielded.
May I Request an Alternative Method of
Compliance?
(f) You may request a different method of
compliance or a different compliance time
for this AD by following the procedures in 14
CFR 39.19. Unless FAA authorizes otherwise,
send your request to your principal
inspector. The principal inspector may add
comments and will send your request to the
Manager, Los Angeles Aircraft Certification
Office (ACO), FAA. For information on any
already approved alternative methods of
compliance, contact Roger Pesuit, Aerospace
Engineer, FAA, Los Angeles ACO, 3960
Paramount Boulevard, Lakewood, CA 90712–
4137; telephone: (562) 627–5251; facsimile:
(562) 627–5210.
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Does This AD Incorporate Any Material by
Reference?
(g) You must do the actions required by
this AD following the instructions in The
New Piper Aircraft, Inc. Vendor Service
Publication No. 166, dated August 20, 2004,
and the procedures in Garrett Aviation
Service Bulletin No. 1002143, Revision A,
dated June 18, 2004. The Director of the
Federal Register approved the incorporation
by reference of these service bulletins in
accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. To get a copy of this service
information, contact: (for any installation
under STC SA852WE, SA909WE, or
SA978WE) The Nordam Group Nacelle/
Thrust Reverser Systems Division, 6911 N.
Whirlpool Drive, Tulsa, OK 74117 telephone:
(918) 878–4000; facsimile: (918) 878–4808;
and (for any installation under Piper Aircraft
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
Drawing Number 32016) The New Piper
Aircraft, Inc., 2926 Piper Drive, Vero Beach,
Florida, 32960; and The Nordam Group
Nacelle/Thrust Reverser Systems Division
6911 N. Whirlpool Drive, Tulsa, OK 74117
telephone: (918) 878–4000; facsimile: (918)
878–4808. To review copies of this service
information, go to the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, go to: https://
www.archives.gov/ federal_register/
code_of_federal_ regulations/
ibr_locations.html or call (202) 741–6030. To
view the AD docket, go to the Docket
Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW.,
Nassif Building, Room PL–401, Washington,
DC 20590–001 or on the Internet at https://
E:\FR\FM\07JAR1.SGM
07JAR1
Federal Register / Vol. 70, No. 5 / Friday, January 7, 2005 / Rules and Regulations
dms.dot.gov. The docket number is FAA–
2004–18597.
Issued in Kansas City, Missouri, on
December 28, 2004.
David A. Downey,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 05–184 Filed 1–6–05; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2004–19560; Directorate
Identifier 2004–NM–121–AD; Amendment
39–13930; AD 2005–01–06]
RIN 2120–AA64
Airworthiness Directives; Airbus Model
A310 Series Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for all
Airbus Model A310 series airplanes.
This AD requires modifying the wire
routing of electrical harness 636VB in
the right-hand wing. This AD is
prompted by the manufacturer’s
analysis for compliance with Special
Federal Aviation Regulation No. 88,
which has shown that wiring 2M of the
115V anti-collision white strobe lights
and wiring 2S of the fuel quantity
indication system (FQIS) should be
rerouted into separate conduits. We are
issuing this AD to prevent chafing
damage to wiring 2M and 2S, which
could result in a short circuit and
consequently introduce an electrical
current into the wiring of the FQIS and
create an ignition source in the fuel
tank.
This AD becomes effective
February 11, 2005.
The incorporation by reference of a
certain publication listed in the AD is
approved by the Director of the Federal
Register as of February 11, 2005.
ADDRESSES: For service information
identified in this AD, contact Airbus, 1
Rond Point Maurice Bellonte, 31707
Blagnac Cedex, France. You can
examine this information at the National
Archives and Records Administration
(NARA). For information on the
availability of this material at NARA,
call (202) 741–6030, or go to: https://
www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
DATES:
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You can examine the contents of this
AD docket on the Internet at https://
dms.dot.gov, or in person at the Docket
Management Facility, U.S. Department
of Transportation, 400 Seventh Street
SW., room PL–401, on the plaza level of
the Nassif Building, Washington, DC.
This docket number is FAA–2004–
19560; the directorate identifier for this
docket is 2004–NM–121–AD.
FOR FURTHER INFORMATION CONTACT: Tim
Backman, Aerospace Engineer,
International Branch, ANM–116, FAA,
Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington
98055–4056; telephone (425) 227–2797;
fax (425) 227–1149.
Examining the Docket
The AD docket contains the proposed
AD, comments, and any final
disposition. You can examine the AD
docket on the Internet at https://
dms.dot.gov, or in person at the Docket
Management Facility office between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The
Docket Management Facility office
(telephone (800) 647–5227) is located on
the plaza level of the Nassif Building at
the DOT street address stated in the
ADDRESSES section.
SUPPLEMENTARY INFORMATION: The FAA
proposed to amend 14 CFR part 39 with
an AD for all Airbus Model A310 series
airplanes. That action, published in the
Federal Register on November 9, 2004
(69 FR 64871), proposed to require
modifying the wire routing of electrical
harness 636VB in the right-hand wing.
Comments
We provided the public the
opportunity to participate in the
development of this AD. No comments
have been submitted on the proposed
AD or on the determination of the cost
to the public.
Conclusion
We have carefully reviewed the
available data and determined that air
safety and the public interest require
adopting the AD as proposed.
Costs of Compliance
This AD will affect about 51 airplanes
of U.S. registry. The required actions
will take about 34 work hours per
airplane, at an average labor rate of $65
per work hour. Required parts will cost
about $356 per airplane. Based on these
figures, the estimated cost of the AD for
U.S. operators is $130,866 or $2,566 per
airplane.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
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Fmt 4700
Sfmt 4700
1335
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
We have determined that 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); 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.
We prepared a regulatory evaluation
of the estimated costs to comply with
this AD. See the ADDRESSES section for
a location to examine the regulatory
evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
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07JAR1
]]>Agencies
[Federal Register Volume 70, Number 5 (Friday, January 7, 2005)]
[Rules and Regulations]
[Pages 1332-1335]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-184]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2004-18597; Directorate Identifier 2004-CE-21-AD;
Amendment 39-13934; AD 2005-01-10]
RIN 2120-AA64
Airworthiness Directives; The New Piper Aircraft, Inc. Models PA-
23-235, PA-23-250, and PA-E23-250 Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA adopts a new airworthiness directive (AD) that
supersedes Airworthiness Directive (AD) 74-06-01, which applies to
certain The New Piper Aircraft, Inc. (Piper) Models PA-23-235, PA-23-
250, and PA-E23-250 airplanes equipped with Garrett Aviation Services
(Garrett) (formerly AiResearch) turbosuperchargers installed under
supplemental type certificate (STC) SA852WE, SA909WE, or SA978WE; or
installed under Piper Aircraft Drawing Number 32016. AD 74-06-01
currently requires you to replace turbosupercharger oil tanks, install
fire shrouds, seal all openings in the fire shrouds, and add drainage
provisions in the oil tank fairings for airplane serial numbers 27-1
through 27-2504; and add drainage provisions in the air scoops on
serial numbers 27-2505 and higher. This AD requires you to replace the
oil reservoir and related hoses with a fireproof oil tank and fire-
shielded hoses. This AD results from a report of a fatal accident
related to the breakdown of the turbocharger oil reservoir following a
fire in the engine nacelle. We are issuing this AD to prevent
turbosupercharger oil reservoirs with inadequate fire resistance from
failing when exposed to flame or exhaust gases. This failure could lead
to an in-flight fire within the nacelle area penetrating the firewall
and subsequent failure of the wing spar.
DATES: This AD becomes effective on February 22, 2005.
As of February 22, 2005, the Director of the Federal Register
approved the incorporation by reference of certain publications listed
in the regulation.
ADDRESSES: You may get the service information identified in this AD
from:
--For any installation under supplemental type certificate (STC)
SA852WE, SA909WE, or SA978WE: The Nordam Group, Nacelle/Thrust Reverser
Division, 6911 N. Whirlpool Drive, Tulsa, OK 74117; telephone: (918)
878-4000; facsimile: (918) 878-4808; and
--For any installation under Piper Aircraft Drawing Number 32016: The
New Piper Aircraft, Inc., 2926 Piper Drive, Vero Beach, Florida, 32960;
and The Nordam Group, Nacelle/Thrust Reverser Division, 6911 N.
Whirlpool Drive, Tulsa, OK 74117; telephone: (918) 878-4000; facsimile:
(918) 878-4808.
To review this service information, go to the National Archives and
Records Administration (NARA). For information on the availability of
this material at NARA, go to: https://www.archives.gov/federal_
register/code_of_federal_regulations/ibr_locations.html or call
(202) 741-6030.
To view the AD docket, go to the Docket Management Facility; U.S.
Department of Transportation, 400 Seventh Street, SW., Nassif Building,
Room PL-401, Washington, DC 20590-001 or on the Internet at https://
dms.dot.gov. The docket number is FAA-2004-18597.
FOR FURTHER INFORMATION CONTACT: Roger Pesuit, Aerospace Engineer, FAA,
Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard,
Lakewood, CA 90712-4137; telephone: (562) 627-5251; facsimile: (562)
627-5210.
SUPPLEMENTARY INFORMATION:
Discussion
What events have caused this AD? The need to minimize fire hazards
in the engine compartment on The New Piper Aircraft, Inc. (Piper)
Models PA-23-235, PA-23-250, and PA-E23-250 airplanes equipped with
AiResearch turbosuperchargers installed under supplemental type
certificate (STC) SA852WE, SA909WE, or SA978WE; or installed under
Piper Aircraft Drawing 32016 caused FAA to issue AD 74-06-01, Amendment
39-1977. AD 74-06-01 currently requires the following on any Piper
Models PA-23-235, PA-23-250, and PA-E23-250 airplanes equipped with
AiResearch turbosuperchargers installed under STC SA852WE, SA909WE, or
SA978WE; or installed under Piper Aircraft Drawing Number 32016:
--Replacing the existing turbosupercharger oil tanks;
--installing fire shrouds;
--sealing all openings in the fire shrouds;
--(for airplane serial numbers 27-1 through 27-2504) adding drainage
provisions in the oil tank fairings; and
--(for airplane serial numbers 27-2505 and higher) adding drainage
provisions in the air scoops.
What has happened since AD 74-06-01 to initiate this action? The
FAA has received a report of a fatal accident related to the breakdown
of the turbosupercharger oil reservoir. A Piper Model PA 23-250
airplane equipped with the STC turbocharger installation was involved
in a fatal accident. The accident investigation revealed a breakdown of
the turbosupercharger oil reservoir. Examination of the aircraft
wreckage revealed evidence of an in-flight fire where the
turbosupercharger oil reservoir was burned to include the rear firewall
portion of the reservoir allowing fire to move aft, softening the wing
spar.
What is the potential impact if FAA took no action? Failure of the
turbosupercharger oil reservoir when exposed to flame or exhaust gases
could lead to an in-flight fire and failure of the wing spar.
Has FAA taken any action to this point? We issued a proposal to
amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to
include an AD that would apply to certain Piper Models PA-23-235, PA-
23-250, and PA-E23-250 airplanes equipped with Garrett Aviation
Services (Garrett) (formerly AiResearch) turbosuperchargers installed
under STC SA852WE, SA909WE, or SA978WE; or installed under Piper
Aircraft Drawing Number 32016. This proposal was published in the
Federal Register as a notice of proposed rulemaking (NPRM) on September
22, 2004 (69 FR 56733).
The NPRM proposed to supersede AD 74-06-01, which applies to
certain Piper Models PA-23-235, PA-23-250, and PA-E23-250 airplanes
equipped with Garrett Aviation Services (Garrett) (formerly AiResearch)
turbosuperchargers installed under STC SA852WE, SA909WE, or SA978WE; or
installed under Piper Aircraft Drawing Number 32016. AD 74-06-01
currently requires you to replace turbosupercharger oil tanks, install
fire shrouds, seal all openings in the fire shrouds, and add drainage
provisions in
[[Page 1333]]
the oil tank fairings for airplane serial numbers 27-1 through 27-2504;
and the NPRM proposed to require you to add drainage provisions in the
air scoops on serial numbers 27-2505 and higher.
Comments
Was the public invited to comment? We provided the public the
opportunity to participate in developing this AD. The following
presents the comment received on the proposal and FAA's response to the
comment:
Comment Issue: Require Installation of FAA-Approved Parts Manufacturer
Approval (PMA) Parts
What is the commenter's concern? The commenter recommends that FAA
revise the AD to require installation of FAA-approved PMA parts.
Further, the commenter writes that the proposed AD requires replacement
of parts installed under an STC. The parts proposed to be installed
have not been approved under 14 CFR 21.303(a). Therefore, the commenter
states that the parts are not eligible for installation.
What is FAA's response to the concern? The FAA concurs that the AD
should require the installation of PMA parts. However, incorporating
the service bulletin, either standard parts or PMA parts are required.
Therefore, we do not feel that a rewrite of the AD is necessary. Note
that the first two sets of parts shipped omitted the PMA
identification. The recipients of these were notified and arrangements
made to exchange these parts for those having appropriate PMA
identification. All subsequent shipments contain the required PMA
identification.
We are not changing the final rule AD action based on these
comments.
Conclusion
What is FAA's final determination on this issue? We have carefully
reviewed the available data and determined that air safety and the
public interest require adopting the AD as proposed except for the
changes discussed above and minor editorial corrections. We have
determined that these changes and minor corrections:
--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.
Docket Information
Where can I go to view the docket information? You may view the AD
docket that contains information relating to this subject in person at
the DMS Docket Offices between 9 a.m. and 5 p.m. (eastern standard
time), Monday through Friday, except Federal holidays. The Docket
Office (telephone 1-800-647-5227) is located on the plaza level of the
Department of Transportation NASSIF Building at the street address
stated in ADDRESSES. You may also view the AD docket on the Internet at
https://dms.dot.gov.
Changes to 14 CFR Part 39--Effect on the AD
How does the revision to 14 CFR part 39 affect this AD? On July 10,
2002, the FAA published a new version of 14 CFR part 39 (67 FR 47997,
July 22, 2002), which governs the FAA's AD system. This regulation now
includes material that relates to altered products, special flight
permits, and alternative methods of compliance. This material
previously was included in each individual AD. Since this material is
included in 14 CFR part 39, we will not include it in future AD
actions.
Costs of Compliance
How many airplanes does this AD impact? We estimate that this AD
affects 250 airplanes in the U.S. registry.
What is the cost impact of this AD on owners/operators of the
affected airplanes? We estimate the following costs to do the
modification:
----------------------------------------------------------------------------------------------------------------
Total cost per Total cost on
Labor cost Parts cost airplane U.S. operators
----------------------------------------------------------------------------------------------------------------
14 workhours x $65 per hour = $910.............................. $2,500 $3,410 $852,500
----------------------------------------------------------------------------------------------------------------
Authority for This Rulemaking
What authority does FAA have for issuing this rulemaking action?
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 AD.
Regulatory Findings
Will this AD impact various entities? We have determined that 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.
Will this AD involve a significant rule or regulatory action? 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 the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); 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.
We prepared a summary of the costs to comply with this AD and
placed it in the AD Docket. You may get a copy of this summary by
sending a request to us at the address listed under ADDRESSES. Include
``Docket No. FAA-2004-18597; Directorate Identifier 2004-CE-21-AD'' in
your request.
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 Federal Aviation Administration amends part 39 of the Federal
Aviation Regulations (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.
[[Page 1334]]
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by removing Airworthiness Directive (AD)
74-06-01, Amendment 39-1977, and by adding a new AD to read as follows:
2005-01-10 The New Piper Aircraft, Inc.: Amendment 39-13934; Docket
No. FAA-2004-18597; Directorate Identifier 2004-CE-21-AD.
When Does This AD Become Effective?
(a) This AD becomes effective on February 22, 2005.
What Other ADs Are Affected by This Action?
(b) This AD supersedes AD 74-06-01.
What Airplanes Are Affected by This AD?
(c) This AD affects Models PA-23-235, PA-23-250, and PA-E23-250
airplanes, all serial numbers, that are
(1) certificated in any category; and
(2) equipped with Garrett Aviation Services (Garrett) (formerly
AiResearch) turbosuperchargers installed under supplemental type
certificate (STC) SA852WE, SA909WE, or SA978WE; or installed under
The New Piper, Inc. (Piper) Aircraft Drawing Number 32016.
Note: Piper manufactured the majority of affected airplanes with
the turbocharger system. The turbocharger system installed under
Piper Aircraft Drawing Number 32016 (STC SA909WE) was a factory
option on the Piper Model PA-23-250 or PA-E23-250 with serial
numbers 27-2505 through 27-3943.
What is the Unsafe Condition Presented in This AD?
(d) This AD is the result of a report of a fatal accident
related to the breakdown of the turbocharger oil reservoir following
a fire in the engine nacelle. The actions specified in this AD are
intended to prevent turbosupercharger oil reservoirs with inadequate
fire resistance from failing when exposed to flame or exhaust gases.
This failure could lead to an in-flight fire within the nacelle area
penetrating the firewall and subsequent failure of the wing spar.
What Must I do to Address This Problem?
(e) To address this problem, you must do the following:
------------------------------------------------------------------------
Actions Compliance Procedures
------------------------------------------------------------------------
(1) For any turbosupercharger Within the next Follow the
installation under supplemental 100 hours time-in- procedures in
type certificate (STC) SA852WE, service (TIS) Garrett Aviation
SA909WE, or SA978WE: after February Service Bulletin
22, 2005 (the No. 1002143,
effective date of Revision A, dated
this AD), unless June 18, 2004.
already done. (i) Replace any
oil reservoir
(part number (P/
N) 286-P23-028-81
or 286-P23-028-
111, or FAA-
approved
equivalent P/N)
with a fireproof
oil tank (P/N
10ND79200-1 or
10ND79200-3, or
FAA-approved
equivalent P/N);
and
(ii) Replace the
installed oil
reservoir hoses
with fire-
shielded hoses.
(2) For any turbosupercharger Within the next Follow the
installation under Piper 100 hours TIS procedures in The
Aircraft Drawing Number 32016: after February New Piper
22, 2005 (the Aircraft, Inc.
effective date of Vendor Service
this AD), unless Publication No.
already done. 166, dated August
20, 2004 and the
procedures in
Garrett Aviation
Service Bulletin
No. 1002143,
Revision A, dated
June 18, 2004.
(i) Replace any
oil reservoir (P/
N 286-P23-028-81
or 286-P23-028-
111, or FAA-
approved
equivalent P/N)
with a fireproof
oil tank (P/N
10ND79200-1 or
10ND79200-3, or
FAA-approved
equivalent P/N);
and
(ii) Replace the
installed oil
reservoir hoses
with fire-
shielded hoses.
(3) For any turbosupercharger As of February 22, Not Applicable.
installation under STC SA852WE, 2005 (the
SA909WE, or SA978WE; or Piper effective date of
Aircraft Drawing Number 32016: this AD).
Do not install any oil
reservoir (P/N 286-P23-028-81
or 286-P23-028-111, or FAA-
approved equivalent P/N). Do
not install any oil reservoir
hose that is not fire-shielded.
------------------------------------------------------------------------
May I Request an Alternative Method of Compliance?
(f) You may request a different method of compliance or a
different compliance time for this AD by following the procedures in
14 CFR 39.19. Unless FAA authorizes otherwise, send your request to
your principal inspector. The principal inspector may add comments
and will send your request to the Manager, Los Angeles Aircraft
Certification Office (ACO), FAA. For information on any already
approved alternative methods of compliance, contact Roger Pesuit,
Aerospace Engineer, FAA, Los Angeles ACO, 3960 Paramount Boulevard,
Lakewood, CA 90712-4137; telephone: (562) 627-5251; facsimile: (562)
627-5210.
Does This AD Incorporate Any Material by Reference?
(g) You must do the actions required by this AD following the
instructions in The New Piper Aircraft, Inc. Vendor Service
Publication No. 166, dated August 20, 2004, and the procedures in
Garrett Aviation Service Bulletin No. 1002143, Revision A, dated
June 18, 2004. The Director of the Federal Register approved the
incorporation by reference of these service bulletins in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51. To get a copy of this
service information, contact: (for any installation under STC
SA852WE, SA909WE, or SA978WE) The Nordam Group Nacelle/Thrust
Reverser Systems Division, 6911 N. Whirlpool Drive, Tulsa, OK 74117
telephone: (918) 878-4000; facsimile: (918) 878-4808; and (for any
installation under Piper Aircraft Drawing Number 32016) The New
Piper Aircraft, Inc., 2926 Piper Drive, Vero Beach, Florida, 32960;
and The Nordam Group Nacelle/Thrust Reverser Systems Division 6911
N. Whirlpool Drive, Tulsa, OK 74117 telephone: (918) 878-4000;
facsimile: (918) 878-4808. To review copies of this service
information, go to the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, go to: https://www.archives.gov/federal_register/code_of_
federal_regulations/ibr_locations.html or call (202) 741-6030. To
view the AD docket, go to the Docket Management Facility; U.S.
Department of Transportation, 400 Seventh Street, SW., Nassif
Building, Room PL-401, Washington, DC 20590-001 or on the Internet
at https://
[[Page 1335]]
dms.dot.gov. The docket number is FAA-2004-18597.
Issued in Kansas City, Missouri, on December 28, 2004.
David A. Downey,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-184 Filed 1-6-05; 8:45 am]
BILLING CODE 4910-13-P
