[Federal Register Volume 69, Number 183 (Wednesday, September 22, 2004)]
[Proposed Rules]
[Pages 56733-56735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21274]


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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]
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: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede 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 
proposed 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. Consequently, this proposed AD would require you to 
replace the oil reservoir and related hoses with a fireproof oil tank 
and fire-shielded hoses. We are issuing this proposed 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: We must receive any comments on this proposed AD by November 22, 
2004.

ADDRESSES: Use one of the following to submit comments on this proposed 
AD:
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-001.
     Fax: 1-202-493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    You may get the service information identified in this proposed 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, Nacalle/Thrust Reverser Division, 6911 N. 
Whirlpool Drive, Tulsa, OK 74117; telephone: (918) 878-4000; facsimile: 
(918) 878-4808.

    You may view the comments to this proposed AD in the AD docket on 
the Internet at http://dms.dot.gov.

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:

Comments Invited

    How do I comment on this proposed AD? We invite you to submit any 
written relevant data, views, or arguments regarding this proposal. 
Send your comments to an address listed under ADDRESSES. Include the 
docket number, ``FAA-2004-18597; Directorate Identifier 2004-CE-21-AD'' 
at the beginning of your comments. We will post all comments we 
receive, without change, to http://dms.dot.gov, including any personal 
information you provide. We will also post a report summarizing each 
substantive verbal contact with FAA personnel concerning this proposed 
rulemaking. Using the search function of our docket Web site, anyone 
can find and read the comments received into any of our dockets, 
including the name of the individual who sent the comment (or signed 
the comment on behalf of an association, business, labor union, etc.). 
This is docket number FAA-2004-18597. You may review the DOT's complete 
Privacy Act Statement in the Federal Register published on April 11, 
2000 (65 FR 19477-78) or you may visit http://dms.dot.gov.
    Are there any specific portions of this proposed AD I should pay 
attention to? We specifically invite comments on the overall 
regulatory, economic, environmental, and energy aspects of this 
proposed AD. If you contact us through a nonwritten communication and 
that contact relates to a substantive part of this proposed AD, we will 
summarize the contact and place the summary in the docket. We will 
consider all comments received by the closing date and may amend this 
proposed AD in light of those comments and contacts.

Docket Information

    Where can I go to view the docket information? You may view the AD 
docket that contains the proposal, any comments received, and any final 
disposition 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

[[Page 56734]]

stated in ADDRESSES. You may also view the AD docket on the Internet at 
http://dms.dot.gov. The comments will be available in the AD docket 
shortly after the DMS receives them.

Discussion

    Has FAA taken any action to this point? The need to minimize fire 
hazards in the engine compartment on 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 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 proposed 
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.
    Is there service information that applies to this subject? The 
following service information relates to this subject:

--For any installation under supplemental type certificate (STC) 
SA852WE, SA909WE, or SA978WE: Garrett has issued Service Bulletin No. 
1002143, Revision A, dated June 18, 2004; and
--For any installation under Piper Aircraft Drawing Number 32016: Piper 
has issued Vendor Service Publication No. 166, dated August 20, 2004.

    What are the provisions of this service information? The service 
information includes procedures for:

--replacing the oil reservoir (part number (P/N) 286-P23-028-81 or 286-
P23-028-111) with a fireproof oil tank (P/N 10ND79200-1 or 10ND79200-
3); and
--replacing the oil reservoir hoses with fire-shielded hoses.

FAA's Determination and Requirements of This Proposed AD

    What has FAA decided? We have evaluated all pertinent information 
and identified an unsafe condition that is likely to exist or develop 
on other products of this same type design. Therefore, we are proposing 
AD action.
    What would this proposed AD require? This proposed AD would 
supersede AD 74-06-01 with a new AD that would incorporate the actions 
in the previously-referenced service information.
    How does the revision to 14 CFR part 39 affect this proposed AD? On 
July 10, 2002, we published a new version of 14 CFR part 39 (67 FR 
47997, July 22, 2002), which governs 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 would this proposed AD impact? We estimate that 
this proposed AD affects 250 airplanes in the U.S. registry.
    What would be the cost impact of this proposed AD on owners/
operators of the affected airplanes? We estimate the following costs to 
do this proposed modification:

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                                                                               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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Regulatory Findings

    Would this proposed AD impact various entities? We have determined 
that this proposed AD would not have federalism implications under 
Executive Order 13132. This proposed AD would 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.
    Would this proposed AD involve a significant rule or regulatory 
action? For the reasons discussed above, I certify that this proposed 
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 proposed 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 
``AD Docket No. 2004-CE-21'' in your request.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 14 
CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    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:


[[Page 56735]]


The New Piper Aircraft, Inc.: Docket No. FAA-2004-18597; Directorate 
Identifier 2004-CE-21-AD.

When Is the Last Date I Can Submit Comments on This Proposed AD?

    (a) We must receive comments on this proposed airworthiness 
directive (AD) by November 22, 2004.

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 due to 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                   Within the next 100   Follow the
 turbosupercharger             hours time-in-        procedures in
 installation under            service (TIS) after   Garrett Aviation
 supplemental type             the effective date    Service Bulletin
 certificate (STC) SA852WE,    of this AD, unless    No. 1002143,
 SA909WE, or SA978WE:          already done.         Revision A, dated
(i) replace any oil                                  June 18, 2004.
 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                   Within the next 100   Follow the
 turbosupercharger             hours time-in-        procedures in The
 installation under Piper      service (TIS) after   New Piper Aircraft,
 Aircraft Drawing Number       the effective date    Inc. Vendor Service
 32016:                        of this AD, unless    Publication No.
(i) replace any oil            already done.         166, dated August
 reservoir (P/N 286-P23-028-                         20, 2004, and the
 81 or 286-P23-028-111, or                           procedures in
 FAA-approved equivalent P/                          Garrett Aviation
 N) with a fireproof oil                             Service Bulletin
 tank (P/N 10ND79200-1 or                            No. 1002143,
 10ND79200-3, or FAA-                                Revision A, dated
 approved equivalent P/N);                           June 18, 2004.
 and.
(ii) replace the installed
 oil reservoir hoses with
 fire-shielded hoses..
-----------------------------
(3) For any                   As of the effective   Not Applicable.
 turbosupercharger             date of this AD.
 installation under STC
 SA852WE, SA909WE, or
 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) or 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.

May I Get Copies of the Documents Referenced in This AD?

    (g) You may get copies of the documents referenced in this AD 
from (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 
Nacalle/Thrust Reverser Systems Division, 6911 N. Whirlpool Drive, 
Tulsa, OK. 74117 telephone: (918) 878-4000; facsimile: (918) 878-
4808. You may view the AD docket at the Docket Management Facility; 
U.S. Department of Transportation, 400 Seventh Street, SW., Nassif 
Building, Room PL-401, Washington, DC, or on the Internet at http://dms.dot.gov.

    Issued in Kansas City, Missouri, on September 16, 2004.
Dorenda D. Baker,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 04-21274 Filed 9-21-04; 8:45 am]
BILLING CODE 4910-13-P