Federal Register, Volume 75 Issue 143 (Tuesday, July 27, 2010)

[Federal Register Volume 75, Number 143 (Tuesday, July 27, 2010)]
[Rules and Regulations]
[Pages 43809-43813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18012]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1015; Directorate Identifier 2009-CE-039-AD;
Amendment 39-16376; AD 2010-15-10]
RIN 2120-AA64

Airworthiness Directives; Piper Aircraft, Inc. PA-28, PA-32, PA-
34, and PA-44 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Piper Aircraft, Inc. (Piper) PA-28, PA-32, PA-34, and PA-44 series
airplanes. This AD requires you to inspect the control wheel shaft on
both the pilot and copilot sides and, if necessary, replace the control
wheel shaft. This AD results from two field reports of incorrectly
assembled control wheel shafts. We are issuing this AD to detect and
correct any incorrectly assembled control wheel shafts. This condition,
if left uncorrected, could lead to separation of the control wheel
shaft, resulting in loss of pitch and roll control.

DATES: This AD becomes effective on August 31, 2010.
On August 31, 2010, the Director of the Federal Register approved
the incorporation by reference of certain publications listed in this
AD.

ADDRESSES: To get the service information identified in this AD,
contact Piper Aircraft, Inc., 2926 Piper Drive, Vero Beach, Florida
32960; telephone: (772) 567-4361; fax: (772) 978-6573; Internet: http://www.newpiper.com/company/publications.asp.
To view the AD docket, go to U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue, SE., Washington, DC 20590, or on the Internet at
http://www.regulations.gov. The docket number is FAA-2009-1015;
Directorate Identifier 2009-CE-039-AD.

FOR FURTHER INFORMATION CONTACT: Hector Hernandez, Aerospace Engineer,
Atlanta Aircraft Certification Office, 1701 Columbia Avenue, College
Park, GA 30337; telephone: (404) 474-5587; fax: (404) 474-5606.

SUPPLEMENTARY INFORMATION:

Discussion

On October 23, 2009, 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 Aircraft, Inc. (Piper) PA-28, PA-32, PA-
34, and PA-44 series airplanes. This proposal was published in the
Federal Register as a notice of proposed rulemaking (NPRM) on October
30, 2009 (74 FR 56138). The NPRM proposed to detect and correct any
incorrectly assembled control wheel shafts.

Comments

We provided the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
and FAA's response to each comment:

Comment Issue No. 1: Difficulty in Disassembling Components

Fifteen commenters, including the Aircraft Owners and Pilots
Association (AOPA), Barry Rogers, Bruce Chien, and Harry Cook commented
that some Piper airplanes do not have inspection holes and may require
disassembly of the control wheel shaft. Disassembly can take several
hours due to the difficulty in removing (or separating) the parts,
which could be very costly and possibly damage a perfectly good
component.
We infer from these comments that the commenters want us to rescind
the NPRM due to difficulty in disassembling the parts and cost of labor
for disassembly.
The FAA partially agrees with the above comment. We disagree that
we should rescind the NPRM due to difficulty in disassembling the
parts. According to Piper, the universal joint has rotating parts that
wear, and replacement of those parts, which requires disassembly, is a
routine procedure done with little difficulty. Piper sales history
records show, that on average, they sell over 400 of these as service
spare replacements each year, and the Piper technical support
department is not aware of anyone reporting difficulty in replacing
them. Piper has revised their service bulletin, to provide more
information about the different control wheel shaft configurations. We
agree that disassembly of the control shaft wheel may take more time
than an inspection with witness holes. However, the FAA has determined
that there is an unsafe condition and has identified actions to correct
that unsafe condition. It is every owner's and operator's
responsibility to maintain the airplane to the type design and address
any airworthiness concerns. This includes all maintenance requirements
and ADs that correct an unsafe condition.
We will change the final rule AD action to include Piper Aircraft,
Inc. Mandatory Service Bulletin No. 1197B, dated May 3, 2010, to use
for the procedures to comply with the actions required by this AD. We
will allow ``unless already done'' credit to anyone who already
accomplished the actions following the previous service bulletin
included as part of the NPRM.

Comment Issue No. 2: Cost Absorbed by Piper

John Witosky, Thomas McIntosh, Claude Dalrymple, Jr., M. Hefter,
and George Haffey commented that the cost

[[Page 43810]]

for maintenance and replacement parts should be absorbed by Piper.
Several aircraft owners disagreed with covering the cost for a Piper
mistake. Several aircraft owners/operators felt that Piper failed to
manufacture the aircraft to design specification and their quality
system did not detect a bad assembly.
The FAA has determined that there is an unsafe condition and has
identified actions to correct that unsafe condition. One of the FAA's
responsibilities is to identify the direct costs involved (labor and
parts) with the corrective actions. It is every owner's and operator's
responsibility to maintain the airplane to the type design and address
any airworthiness concerns. This includes all maintenance requirements
and ADs that correct an unsafe condition.
We are not changing the final rule AD action based on this comment.

Comment Issue No. 3: Date Range of Manufacturing Error

M. Hefter, Barry Rogers, Matt Gunsch, Thomas McIntosh, and four
other commenters stated that the FAA needs to determine a date range
when the control wheel assemblies' manufacturing errors were most
likely to have occurred. This would narrow the number of aircraft
required to be inspected. This AD would require the inspection of the
control wheel assemblies on approximately 41,928 airplanes. There are
reports from Piper owners that the inspection is not simple and can
take several hours due to difficulty in removing (or separating) the
parts.
The FAA agrees that it would be helpful to know an exact time
period when the manufacturing errors occurred. Piper is unable to
determine a time period when the assembly error occurred. Therefore, we
are unable to comply with owner's/operator's requests to narrow the
number of aircraft based on date of manufacture.
We are not changing the final rule AD action based on this comment.

Comment Issue No. 4: Various Configurations and Cost of Compliance

The AOPA, Bruce Chien, M. Hefter, and Barry Rogers commented that
the cost of compliance should be revised based on field experience and
difficulty in removing these parts for inspection, along with replacing
these assemblies and different configurations used in the control wheel
shaft assemblies. Piper owners claim there are different configurations
used in the control wheel shaft assemblies as follows:
Taper pin on aircraft with witness holes;
Taper pin on aircraft without witness holes;
Bolt with witness hole;
Bolt with no witness hole; and
The older Piper aircraft do not use fastener (taper pin or
bolt) or have witness holes.
The FAA agrees with this comment. Piper has revised the service
information to provide more information about the different control
wheel shaft configurations. We are including this revised service
bulletin in the final rule AD action, and including the estimated cost
of each configuration in the Costs of Compliance section of this AD. We
will allow ``unless already done'' credit to anyone who already
accomplished the actions following the previous service bulletin
included as part of the NPRM.

Comment Issue No. 5: Inadequate Service Information

The AOPA and Harry Cook commented that there should be a revision
to the service bulletin to address the different control wheel shaft
assemblies. Piper owners are requesting more instructions in the
service bulletin to address the older Piper aircraft that do not use
taper pins or have witness holes.
The FAA agrees with this comment. Piper has revised the service
bulletin to provide more information about the different control wheel
shaft configurations. We will change the final rule AD action to
include Piper Aircraft, Inc. Mandatory Service Bulletin No. 1197B,
dated May 3, 2010, to use for the procedures to comply with the actions
required by this AD. We will allow ``unless already done'' credit to
anyone who already accomplished the actions following the previous
service bulletin included as part of the NPRM.

Comment Issue No. 6: Alternative Methods of Inspecting

Neal Bachman, M. Hefter, and several other commenters had several
suggestions for control wheel shafts lacking a witness hole. One
commenter suggested that information should be provided in the service
bulletin on drilling a witness hole based on Piper design
specifications. Another commenter suggested revising the service
bulletin to include an alternative method to determine the location of
the drilled taper pin hole, which requires a measurement from the
sprocket end of the shaft instead of measuring from the universal joint
end of the shaft (which requires the removal of the tapered pin). The
commenters feel this will greatly reduce the burden to remove the
universal joint/taper pin on airplanes lacking a witness hole.
The FAA disagrees with this comment. Based on input from Piper, we
determined these were not viable options due to the many different
control wheel shaft configurations within each airplane model. However,
anyone may submit substantiating data to show compliance with the
actions of this AD. The FAA will review and consider all alternative
method of compliance (AMOC) requests we receive provided they follow
the procedures in 14 CFR 39.19
We are not changing the final rule AD action based on this comment.

Comment Issue No. 7: Compliance Times

The AOPA and M. Hefter commented that the compliance time should be
changed to be at the next scheduled annual or 100-hour inspection,
whichever occurs first. The low fleet incidences do not justify a more
restrictive timetable.
The FAA agrees and based on comments received from owners/operators
we will change the compliance time to be within the next 100 hours
time-in-service or within the next 12 months, whichever occurs first.

Comment Issue No. 8: Unnecessary AD Action

The AOPA, James M. Stockdale, Steven Barnes, and others commented
that the proposed AD is a result of two reports of control wheel shafts
incorrectly drilled at Piper. The AD would require the inspection of
the control wheel assemblies on approximately 41,928 airplanes. Several
aircraft owners/operators feel that a control wheel shaft problem would
have shown a much greater incidence level than two field reports.
The FAA does not agree that the scope needs to be changed or that
this NPRM is not necessary. A loss of the control wheel due to
misdrilling of the attachment hole may lead to separation of the
control wheel shaft, resulting in loss of pitch and roll control. The
FAA has determined that there is an unsafe condition as described and
justified in the NPRM. It is every owner's responsibility to maintain
their airplane to type design and address any airworthiness concern.

Conclusion

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 previously discussed and minor editorial
corrections. We have

[[Page 43811]]

determined that these 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.

Costs of Compliance

We estimate that this AD would affect 41,928 airplanes in the U.S.
registry.
We estimate the following costs to do the inspection:

We estimate the following costs to do any necessary replacements
that would be required based on the results of the inspection. We have
no way of determining the number of airplanes that may need this
repair/replacement:

----------------------------------------------------------------------------------------------------------------
Total cost per
Labor cost Parts cost airplane
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Taper Pin with and without witness hole: 16 $75 per side x maximum of 2 per airplane = $150 $1,510
work-hours x $85 per hour = $1,360.
Bolt with and without witness hole: 15 work- $75 per side x maximum of 2 per airplane = $150 $1,425
hours x $85 per hour = $1,275.
----------------------------------------------------------------------------------------------------------------

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.
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

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 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
other information as included in the Regulatory Evaluation) 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-2009-1015; Directorate Identifier 2009-CE-039-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.

Sec. 39.13 [Amended]

0
2. FAA amends Sec. 39.13 by adding a new AD to read as follows:

2010-15-10 Piper Aircraft, Inc.: Amendment 39-16376; Docket No. FAA-
2009-1015; Directorate Identifier 2009-CE-039-AD.

Effective Date

(a) This AD becomes effective on August 31, 2010.

Affected ADs

(b) None.

Applicability

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Models Serial Nos.
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PA-28-140....................................... 28-20001 through 28-26946 and 28-7125001 through
28-7725290.
PA-28-150....................................... 28-03; 28-1 through 28-4377; and 28-1760A.
PA-28-160....................................... 28-03; 28-1 through 28-4377; and 28-1760A.
PA-28-180....................................... 28-03; 28-671 through 28-5859; and 28-7105001 through 28-7205318.
PA-28S-160...................................... 28-1 through 28-1760 and 28-1760A.
PA-28S-180...................................... 28-671 through 28-5859 and 28-7105001 through
28-7105234.
PA-28-235....................................... 28-10001 through 28-11378; 28-7110001 through
28-7210023; 28E-11 and 28-7310001 through 28-7710089.

[[Page 43812]]

PA-28-236....................................... 28-7911001 through 28-8611008 and 2811001 through 2811050.
PA-28-151....................................... 28-7415001 through 28-7715314.
PA-28-161....................................... 2841001 through 2841365; 28-7716001 through
28-8216300; 28-8316001 through 28-8616057; 2816001 through 2816109; 2816110 through 2816119; and
2842001 through 2842305.
PA-28-180....................................... 28-E13 and 28-7305001 through 28-7505260.
PA-28-181....................................... 28-7690001 through 28-8690056; 28-8690061;
28-8690062; 2890001 through 2890205; 2890206 through 2890231; and 2843001 through 2843672.
PA-28-201T...................................... 28-7921001 through 28-7921095.
PA-28R-180...................................... 28R-30002 through 28R-31270 and 28R-7130001 through 28R-7130013.
PA-28R-200...................................... 28R-35001 through 28R-35820; 28R-7135001 through 28R-7135229; and 28R-7235001 through 28R-7635545.
PA-28R-201...................................... 28R-7737002 through 28R-7837317; 2837001 through 2837061; and 2844001 through 2844138.
PA-28R-201T..................................... 28R-7703001 through 28R-7803374 and 2803001 through 2803012.
PA-28RT-201..................................... 28R-7918001 through 28R-7918267 and 28R-8018001 through 28R-8218026.
PA-28RT-201T.................................... 28R-7931001 through 28R-8631005 and 2831001 through 2831038.
PA-32-260....................................... 32-03; 32-04; 32-1 through 32-1297; and 32-7100001 through 32-7800008.
PA-32-300....................................... 32-15; 32-21; 32-40000 through 32-40974; and
32-7140001 through 32-7940290.
PA-32S-300...................................... 32S-15; 32S-40000 through 32S-40974; and 32S-7140001 through 32S-7240137.
PA-32R-300...................................... 32R-7680001 through 32R-7880068.
PA-32RT-300..................................... 32R-7885002 through 32R-7985106.
PA-32RT-300T.................................... 32R-7787001 and 32R-7887002 through 32R-7987126.
PA-32R-301 (SP)................................. 32R-8013001 through 32R-8613006; 3213001 through
3213028; and 3213030 through 3213041.
PA-32R-301 (HP)................................. 3213029; 3213042 through 3213103; 3246001 through 3246217; 3246219; 3246223; 3246218; 3246220 through
3246222; and 3246224 through 3246244.
PA-32R-301T..................................... 32R-8029001 through 32R-8629008 and 3229001 through 3229003.
PA-32-301....................................... 32-8006002 through 32-8606023; 3206001 through 3206019; 3206042 through 3206044; 3206047; 3206050
through 3206055; and 3206060.
PA-32-301T...................................... 32-8024001 through 32-8424002.
PA-32R-301T..................................... 3257001 through 3257483.
PA-32-301FT..................................... 3232001 through 3232074.
PA-32-301XTC.................................... 3255001 through 3255014; 3255026, 3255015 through 3255025; 3255027; and 3255051.
PA-34-200....................................... 34-E4 and 34-7250001 through 34-7450220.
PA-34-200T...................................... 34-7570001 through 34-8170092.
PA-34-220T...................................... 34-8133001 through 34-8633031; 3433001 through 3433172; 3448001 through 3448037; 3448038 through
3448079; 3447001 through 3447029; and 3449001 through 3449377.
PA-44-180....................................... 44-7995001 through 44-8195026; 4495001 through 4495013; and 4496001 through 4496251.
PA-44-180T...................................... 44-8107001 through 44-8207020.
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Unsafe Condition

(d) This AD results from two field reports of incorrectly
assembled control wheel shafts. We are issuing this AD to detect and
correct any incorrectly assembled control wheel shafts. This
condition, if left uncorrected, could lead to separation of the
control wheel shaft, resulting in loss of pitch and roll control.

Compliance

(e) To address this problem, you must do the following, unless
already done:

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Actions Compliance Procedures
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(1) Inspect the pilot and copilot Within 100 hours time-in-service Follow Piper Aircraft, Inc.
control wheel columns for correct after August 31, 2010 (the Mandatory Service Bulletin No.
control wheel shaft installation. effective date of this AD), or 1197A, dated September 1, 2009; or
within the next 12 months after Piper Aircraft, Inc. Mandatory
August 31, 2010 (the effective date Service Bulletin No. 1197B, dated
of this AD), whichever occurs first. May 3, 2010.
(2) If during the inspection Before further flight after the Follow Piper Aircraft, Inc.
required in paragraph (e)(1) of inspection where incorrect Mandatory Service Bulletin No.
this AD an incorrectly installed installation of the control wheel 1197A, dated September 1, 2009; or
control wheel shaft is found, shaft is found. Piper Aircraft, Inc. Mandatory
replace the appropriate shaft with Service Bulletin No. 1197B, dated
a new shaft. May 3, 2010.

[[Page 43813]]

(3) Inspect the universal joint and Before further flight after the Follow Piper Aircraft, Inc.
all other control wheel parts when inspection where incorrect Mandatory Service Bulletin No.
doing the action required in (e)(2) installation of the control wheel 1197A, dated September 1, 2009; or
of this AD and, if any shaft is found. Piper Aircraft, Inc. Mandatory
deterioration, excessive wear, or Service Bulletin No. 1197B, dated
damage is found, replace the May 3, 2010.
universal joint and/or other
control wheel parts with a new
universal joint and/or other
applicable new control wheel parts
as necessary.
----------------------------------------------------------------------------------------------------------------

Alternative Methods of Compliance (AMOCs)

(f) The Manager, Atlanta Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. Send information to
ATTN: Hector Hernandez, Aerospace Engineer, Atlanta Aircraft
Certification Office (ACO), 1701 Columbia Avenue, College Park, GA
30337; telephone: (404) 474-5587; fax: (404) 474-5606. Before using
any approved AMOC on any airplane to which the AMOC applies, notify
your appropriate principal inspector (PI) in the FAA Flight
Standards District Office (FSDO), or lacking a PI, your local FSDO.

Related Information

(g) To get copies of the service information referenced in this
AD, contact Piper Aircraft, Inc., 2926 Piper Drive, Vero Beach,
Florida 32960; telephone: (772) 567-4361; fax: (772) 978-6573;
Internet: http://www.newpiper.com/company/publications.asp. To view
the AD docket, go to U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, or on the Internet at
http://www.regulations.gov.

Material Incorporated by Reference

(h) You must use Piper Aircraft, Inc. Mandatory Service Bulletin
No. 1197A, dated September 1, 2009, or Piper Aircraft, Inc.
Mandatory Service Bulletin No. 1197B, dated May 3, 2010, to do the
actions required by this AD, unless the AD specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact Piper
Aircraft, Inc., 2926 Piper Drive, Vero Beach, Florida 32960;
telephone: (772) 567-4361; fax: (772) 978-6573; Internet: http://www.newpiper.com/company/publications.asp.
(3) You may review copies of the service information
incorporated by reference for this AD at the FAA, Central Region,
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri
64106. For information on the availability of this material at the
Central Region, call (816) 329-3768.
(4) You may also review copies of the service information
incorporated by reference for this AD 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: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

Issued in Kansas City, Missouri, on July 16, 2010.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2010-18012 Filed 7-26-10; 8:45 am]
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