[Federal Register Volume 70, Number 182 (Wednesday, September 21, 2005)]
[Rules and Regulations]
[Pages 55245-55248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18525]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-21174; Directorate Identifier 2005-CE-23-AD; 
Amendment 39-14285; AD 2005-19-20]
RIN 2120-AA64


Airworthiness Directives; The New Piper Aircraft, Inc., Models 
PA-28-160, PA-28-161, PA-28-180, and PA-28-181 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA adopts a new airworthiness directive (AD) for certain 
The New Piper Aircraft, Inc. (Piper) Models PA-28-160, PA-28-161, PA-
28-180, and PA-28-181 airplanes that incorporate Petersen Aviation, 
Inc. Supplemental Type Certificate (STC) SA2660CE installed between 
April 20, 1998, and April 1, 2005, and incorporate Petersen Aviation, 
Inc. Service Bulletin SB98-1. This AD requires you to replace the 
AN894-6-4 bushing screw thread expanders on the gascolator and bushing 
attached to the inlet of the top fuel pump with NAS1564-6-4J reducers 
and AN818-6 nuts. This AD results from reports of fuel leaks during the 
post STC installation tests. We are issuing this AD to prevent fuel 
fittings used in STC SA2660CE from leaking fuel in the engine 
compartment, which could result in an engine fire. This condition could 
lead to loss of control of the airplane.

[[Page 55246]]


DATES: This AD becomes effective on November 4, 2005.
    As of November 4, 2005, the Director of the Federal Register 
approved the incorporation by reference of certain publications listed 
in the regulation.

ADDRESSES: To get the service information identified in this AD, 
contact Petersen Aviation, Inc., 984 K Road, Minden, Nebraska 68959; 
telephone: (308) 832-2050; facsimile: (308) 832-2311.
    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-2005-21174; Directorate 
Identifier 2005-CE-23-AD.

FOR FURTHER INFORMATION CONTACT: James P. Galstad, Aerospace Engineer, 
FAA, Wichita ACO, 1801 Airport Road, Mid-Continent Airport, Wichita, 
Kansas 67209; telephone: (316) 946-4135; facsimile: (316) 946-4107.

SUPPLEMENTARY INFORMATION:

Discussion

    What events have caused this AD? We have received reports of fuel 
leaks found during post fuel pump checks on Piper Models PA-28-160, PA-
28-161, PA-28-180, and PA-28-181 airplanes after STC SA2660CE was 
incorporated.
    STC SA2660CE enables the referenced airplanes to run on leaded and 
unleaded automotive gasoline, 91 minimum antiknock index (RON+MON).
    The STC replaces the Piper electric boost pump with two different 
electric boost pumps. Subsequently, Petersen Aviation, Inc. Service 
Bulletin 98-1 provides for installation of a fuel flow bypass that 
incorporates an o-ring seal fuel fitting (AN894-6-4 bushing screw 
thread expander) on the flared tube fitting (AN826-6 tee). The internal 
shape of the AN894-6-4 bushing screw thread expander is intended to use 
an o-ring seal, but there is no corresponding o-ring seal location on 
the AN826-6 tee.
    The AN894-6-4 bushing screw thread expander has clearance machining 
cut for the mating screw threads but does not provide a seal against 
the cone surface of the AN826-6 tee.
    What is the potential impact if FAA took no action? If not 
prevented, fuel fittings used in STC SA2660CE could leak fuel in the 
engine compartment. Failure of these fittings could result in an engine 
fire. This condition could lead to loss of control of the airplane.
    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-28-160, PA-
28-161, PA-28-180, and PA-28-181 airplanes that incorporate Petersen 
Aviation, Inc. STC SA2660CE installed between April 20, 1998, and April 
1, 2005, and incorporate Petersen Aviation, Inc. Service Bulletin SB98-
1. This proposal was published in the Federal Register as a notice of 
proposed rulemaking (NPRM) on June 2, 2005 (70 FR 32273). The NPRM 
proposed to require you to replace the two AN894-6-4 bushing screw 
thread expanders on the two AN826-6 tees with AN818-6 nuts and NAS1564-
6-4J reducers.

Comments

    Was the public invited to comment? 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: These Airplanes Should Not be Flying

    What is the commenter's concern? The commenter states that it is 
their opinion that this kind of problem aircraft should not be flying.
    What is FAA's response to the concern? We do not agree with the 
commenter. We identified an unsafe condition and the purpose of an AD 
is to address that unsafe condition and maintain the continued safe 
operation of an existing airplane model. The solution to the defined 
unsafe condition is to replace certain parts with improved design 
parts. We determined that the unsafe condition is addressed through the 
actions of this AD.
    We are not changing the final rule AD based on this comment.

Comment Issue No. 2: AD Is Not Necessary

    What is the commenter's concern? Peterson Aviation states that 
parts have been distributed to owners of the affected airplanes with 
reimbursement for installation; therefore, offering an incentive for 
the owners/operators of the affected airplanes to install the new 
parts.
    The commenter also states that the only leaks that have been found 
were during recent post installation checks. Airplanes that had the 
modification done previously and have been using it for several years 
do not appear to have the fuel leaks.
    The commenter requests us to issue a Special Alert Information 
Bulletin (SAIB) to address this condition rather than issue an AD.
    What is FAA's response to the concern? We do not agree with the 
commenter. As mentioned above, we have identified an unsafe condition 
and an AD is the regulatory action that we use to ensure that the 
unsafe condition is addressed on all affected airplanes.
    SAIBs are for information only and are not mandatory. Therefore, an 
SAIB would not ensure that the unsafe condition is addressed on all 
affected airplanes.
    We are not changing the final rule AD based on this comment.

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 minor 
editorial corrections. We have 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.

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 50 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:

[[Page 55247]]



----------------------------------------------------------------------------------------------------------------
                                                                                            Total cost on U.S.
              Labor cost                      Parts cost        Total cost per airplane         operators
----------------------------------------------------------------------------------------------------------------
1 work hour x $65 per hour = $65.....  Petersen Aviation will   Petersen Aviation will   Petersen Aviation will
                                        provide parts at no      cover the cost for       cover the cost for
                                        cost.                    labor.                   parts and labor.
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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 
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-2005-21174; Directorate Identifier 2005-CE-23-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:

2005-19-20 The New Piper Aircraft, Inc.: Amendment 39-14285; Docket 
No. FAA-2005-21174; Directorate Identifier 2005-CE-23-AD.

When Does This AD Become Effective?

    (a) This AD becomes effective on November 4, 2005.

What Other ADs Are Affected by This Action?

    (b) None.

What Airplanes Are Affected by This AD?

    (c) This AD affects Models PA-28-160, PA-28-161, PA-28-180, and 
PA-28-181 airplanes, serial numbers 28-671 through 28-5859, 28-
7105001 through 28-7505261,28-7690001 through 28-8590001, and all 
serial numbers thereafter, that:
    (1) Are certificated in any category;
    (2) Incorporate Peterson Aviation, Inc. Supplemental Type 
Certificate (STC) SA2660CE installed between April 20, 1998 and 
April 1, 2005; and
    (3) Incorporate Peterson Aviation, Inc. Service Bulletin SB98-1.

What Is the Unsafe Condition Presented in This AD?

    (d) This AD is the result of reports of fuel leaks during the 
post STC installation tests. The actions specified in this AD are 
intended to prevent fuel fittings used in STC SA2660CE from leaking 
fuel in the engine compartment, which could result in an engine 
fire. This condition could lead to loss of control of the airplane.

What Must I Do To Address This Problem?

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

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
Replace the two AN894-6-4     At the next 100-hour  Follow Petersen
 bushing screw thread          or annual             Aviation, Inc.
 expanders on the two AN826-   inspection that       Service Bulletion
 6 tees (one on the            occurs following 30   PA-28-160, -161, -
 gascolator and the other      days after November   180, -181 Bulletion
 one attached to a bushing     4, 2005 (the          No. SB 05-2, dated
 (AN912-2J) attached to the    effective date of     April 12, 2005.
 inlet on the top of the top   this AD), whichever
 fuel pump) with NAS1564-6-    occurs first.
 4J reducers and AN818-6
 nuts.
------------------------------------------------------------------------

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, Wichita Aircraft 
Certification Office (ACO), FAA. For information on any already 
approved alternative methods of compliance, contact James P. 
Galstad, Aerospace Engineer, FAA Wichita ACO, 1801 Airport Road, 
Mid-Continent Airport, Wichita, Kansas 67209; telephone:(316) 946-
4135; facsimile: (316) 946-4107.

Does This AD Incorporate Any Material by Reference?

    (g) You must do the actions required by this AD following the 
instructions in Petersen Aviation, Inc. Service Bulletin PA-28-160, 
-161, -180, -181 Bulletin No. SB 05-2, dated April 12, 2005. The 
Director of the Federal Register approved the incorporation by 
reference of this service bulletin in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. To get a copy of this service information, 
contact Petersen Aviation, Inc., 984 K Road, Minden, Nebraska 68959; 
telephone: (308) 832-2050; facsimile: (308) 832-2311. To review 
copies of this service information, go to the National Archives and 
Records Administration (NARA). For information on the availability

[[Page 55248]]

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-2005-
21174; Directorate Identifier 2005-CE-23-AD.

    Issued in Kansas City, Missouri, on September 13, 2005.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-18525 Filed 9-20-05; 8:45 am]
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