[Federal Register Volume 70, Number 26 (Wednesday, February 9, 2005)]
[Proposed Rules]
[Pages 6782-6786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2374]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 70, No. 26 / Wednesday, February 9, 2005 / 
Proposed Rules  

[[Page 6782]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19960; Directorate Identifier 2004-CE-47-AD]
RIN 2120-AA64


Airworthiness Directives; The New Piper Aircraft, Inc. PA-34 
Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 93-
24-14, which applies to all The New Piper Aircraft, Inc. (Piper) PA-34 
series airplanes. AD 93-24-14 currently requires you to repetitively 
replace the bolt and stack up that connect the upper drag link to the 
nose gear trunnion. This proposed AD is the result of many service 
difficulty reports related to the collapse or inadvertent retraction of 
the nose landing gear (NLG). Consequently, this proposed AD would 
retain the actions required in AD 93-24-14 until the actions of the 
proposed AD would begin, require you to inspect the NLG and components 
of the NLG using new procedures for rigging the nose gear installation, 
and require you to replace unserviceable parts. We are also issuing 
this proposed AD to detect, correct, and prevent future failure in 
certain components of the NLG, lack of cleanliness of the NLG due to 
inadequate maintenance, or lack of lubricant in the NLG or NLG 
components. This failure of the NLG could lead to loss of control of 
the airplane during take-off, landing, or taxiing operations.

DATES: We must receive any comments on this proposed AD by April 11, 
2005.

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, S.W., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    To get the service information identified in this proposed AD, 
contact The New Piper Aircraft, Inc., 2926 Piper Drive, Vero Beach, 
Florida, 32960.
    To view the comments to this proposed AD, go to http://dms.dot.gov. 
This is docket number FAA-2004-19960.

FOR FURTHER INFORMATION CONTACT: Hassan Amini, Aerospace Engineer, FAA, 
Atlanta Aircraft Certification Office, One Crown Center, 1895 Phoenix 
Boulevard, Suite 450, Atlanta, Georgia 30349; telephone: (770) 703-
6080; facsimile: (770) 703-6097.

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-2004-19960; Directorate Identifier 2004-CE-47-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-2004-19960. 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 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? Several incidents where the 
nose landing gear (NLG) on The New Piper Aircraft, Inc. (Piper) PA-34 
series airplanes collapsed caused us to issue AD 93-24-14, Amendment 
39-8762 (58 FR 65115, December 13, 1993). AD 93-24-14 currently 
requires the repetitive replacement of the bolt and stack up that 
connect the upper drag link to the nose gear trunnion on all Piper PA-
34 series airplanes.
    What has happened since AD 93-24-14 to initiate this proposed 
action? The FAA has received 188 service difficulty reports (SDRs) 
related to the NLG on Piper PA-34 series airplanes. There are 72 SDRs 
that describe the collapse or inadvertent retraction of the NLG.
    A review of the SDRs related to the NLG and the collapse or 
inadvertent retraction of the NLG found that one or more of the 
following conditions could result in collapse of the NLG:


[[Page 6783]]


--nose gear steering control excessive travel and the disengagement of 
the tiller roller;
--failure or out of tolerances of the retraction links and bolts;
--crack(s) in the nose gear trunnion;
--failure of the nose gear upper drag link attach bolt;
--failure of the nose gear retraction link retention spring;
--out of rig and failure of the nose gear down lock link assembly;
--failure of the nose gear actuator mounting bracket and its 
attachments;
--failure of the attachment of the retraction link to the actuator 
mounting bracket;
--lack of lubricant in the NLG or NLG components; or
--lack of cleanliness of the NLG or the NLG components.

    The exact cause of the collapse or inadvertent retraction of the 
NLG cannot be determined.
    Consequently, Piper took the following actions to prevent future 
failure of the NLG:

--modified certain components to improve their long-term service life;
--corrected and clarified the rigging procedures for the nose gear 
installation; and
--revised the periodic inspection requirements of the applicable 
maintenance manuals.

    What is the potential impact if FAA took no action? Failure in 
certain components of the NLG, a lack of cleanliness of the NLG, or a 
lack of lubricant in the NLG or the NLG components could result in 
failure of the NLG. This failure of the NLG could lead to loss of 
control of the airplane during take-off, landing, or taxiing 
operations.
    Is there service information that applies to this subject? The New 
Piper Aircraft, Inc. has issued Service Bulletin No. 1123A, dated 
November 30, 2004.
    What are the provisions of this service information? The service 
bulletin includes procedures for:

--inspecting the NLG and the NLG components;
--rigging of the nose gear installation; and
--replacing older parts of the NLG with new modified parts having 
improved service life.

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. For this reason, we are 
proposing AD action.
    What would this proposed AD require? This proposed AD would 
supersede AD 93-24-14 with a new AD that would incorporate the actions 
in Piper Service Bulletin No. 1123A, dated November 30, 2004.
    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 2,047 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 the proposed inspections and the rigging of the nose gear 
installation:

----------------------------------------------------------------------------------------------------------------
                                                       Total cost  per
           Labor cost                  Parts cost          airplane           Total cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
9 workhours x $65 per hour =      No cost for parts..            $585   2,047 x $585 = $1,197,495.
 $585.
----------------------------------------------------------------------------------------------------------------

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

----------------------------------------------------------------------------------------------------------------
              Labor cost                         Parts cost                     Total cost per airplane
----------------------------------------------------------------------------------------------------------------
44 workhours x $65 per hour = $2,860.  $920 (only if cracks or        $2,860 + $920 = $3,780.
                                        damage found in the NLG).
----------------------------------------------------------------------------------------------------------------

    What is the difference between the cost impact of this proposed AD 
and the cost impact of AD 93-24-14? The cost estimate in 1993 was for 
approximately 1,893 airplanes on the U.S. Registry and the cost 
estimate for the proposed AD is approximately 2,047 airplanes on the 
U.S. Registry. Therefore, there is an initial cost difference of 
$81,158 (154 airplanes x $527 per airplane) between that originally 
calculated in 1993 and what is proposed now. The difference of 154 
airplanes could be attributed to the following:

--additional airplanes manufactured since 1993;
--additional airplanes brought into the United States and added to the 
U.S. Registry; and
--improved tools for calculating the number of U.S. registered aircraft 
in 2004/2005 compared to 1993.
    Additionally, there are the costs of doing any necessary 
replacements based on the results of the proposed inspections.

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

    Would this proposed AD impact various entities? We have determined 
that this proposed AD would not have

[[Page 6784]]

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-47-AD'' 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) 93-24-14, Amendment 39-8762 (58 FR 65115, December 13, 1993), and 
by adding a new AD to read as follows:

The New Piper Aircraft, Inc.: Docket No. FAA-2004-19960; Directorate 
Identifier 2004-CE-47-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 April 11, 2005.

What Other ADs Are Affected by This Action?

    (b) This AD supersedes AD 93-24-14, Amendment 39-8762.

What Airplanes Are Affected by This AD?

    (c) This AD affects Models PA-34-200, PA-34-200T, and PA-34-220T 
airplanes, all serial numbers, that are certificated in any 
category.

What Is the Unsafe Condition Presented in This AD?

    (d) This AD is the result of service difficulty reports related 
to the collapse or inadvertent retraction of the nose landing gear 
(NLG). The actions specified in this AD are intended to detect, 
correct, and prevent future failure in certain components of the 
NLG, lack of cleanliness of the NLG due to inadequate maintenance, 
or lack of lubricant in the NLG or NLG components. This failure of 
the NLG could lead to loss of control of the airplane during take-
off, landing, or taxiing operations.

What Must I Do To Address This Problem?

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

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Replace the bolt and      Within the next 100   Follow Figure 1 of
 stack up that connects the    hours time-in-        this AD.
 upper drag link to the nose   service (TIS) after
 gear trunnion with new        January 28, 1994
 parts of the following:       (the effective date
(i) Piper part number (P/N)    of AD 93-24-14),
 400 274 (AN7-35) bolt;.       unless already done
(ii) Piper P/N 407 591         within the last 400
 (AN960-716L) washer, as       hours TIS before
 applicable;.                  January 28, 1994
(iii) Piper P/N 407 568        (compliance with AD
 (AN960-716);.                 93-24-14).
(iv) Piper P/N 404 396         Repetitively
 (AN320-7) nut; and.           replace thereafter
(v) Piper P/N 424 085 cotter   at intervals not to
 pin..                         exceed 500 hours
                               TIS. Continue to
                               repetitiveely
                               replace until the
                               actions in
                               paragraph (e)(2)
                               and (e)(3) of this
                               AD begin.
-----------------------------
(2) Do the inspections,       Within the next 100   Follow The New Piper
 replacements, and other       hours TIS after the   Aircraft, Inc.
 corrective actions            effective date of     Service Bulletin
 specified in Table 1          this AD, unless       No. 1123A, dated
 ``Specified Maintenance''     already done,         November 30, 2004.
 of Piper Service Bulletin     Repetitively
 No. 1123A, dated November     inspect thereafter
 30, 2004.                     at the intervals
                               referenced in the
                               Inspection Time
                               column of the
                               INSTRUCTIONS
                               paragraph in Piper
                               Service Bulletin
                               No. 1123A, dated
                               November 30, 2004.
-----------------------------
(3) Do any necessary          Before further        Follow The New Piper
 corrective actions as a       flight after any      Aircraft, Inc.
 result of the actions         action required by    Service Bulletin
 specified in Table 1          paragraph (e)(2) of   No. 1123A, dated
 ``Specified Maintenance''     this AD.              November 30, 2004.
 of Piper Service Bulletin
 No. 1123A, dated November
 30, 2004.
------------------------------------------------------------------------

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[GRAPHIC] [TIFF OMITTED] TP09FE05.012

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[[Page 6786]]


    Note 1: Paragraph 2. Modified Components of the INSTRUCTIONS 
section of The New Piper Aircraft, Inc. Service Bulletin No. 1123A, 
dated November 30, 2004, specifies modified parts that you may 
install for improved service life.


    Note 2: The Actions column of the table in paragraph (e) of this 
AD may include one or a combination of these actions: replacement, 
repair, adjustment, alignment, cleaning, lubricating, or other 
action.

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, Aircraft Certification 
Office (ACO), FAA. For information on any already approved 
alternative methods of compliance, contact Hassan Amini, Aerospace 
Engineer, FAA, Atlanta ACO, One Crown Center, 1895 Phoenix 
Boulevard, Suite 450, Atlanta, Georgia 30349; telephone: (770) 703-
6080; facsimile: (770) 703-6097.

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

    (g) To get copies of the documents referenced in this AD, 
contact The New Piper Aircraft, Inc., 2926 Piper Drive, Vero Beach, 
Florida, 32960. 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, or on the 
Internet at http://dms.dot.gov. The docket number is FAA-2004-19960.

    Issued in Kansas City, Missouri, on February 1, 2005.
Nancy C. Lane,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-2374 Filed 2-8-05; 8:45 am]
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