[Federal Register Volume 70, Number 5 (Friday, January 7, 2005)]
[Rules and Regulations]
[Pages 1332-1335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-184]


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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.

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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: http://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 http://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 
http://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
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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: http://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 http://

[[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]
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