[Federal Register Volume 70, Number 142 (Tuesday, July 26, 2005)]
[Rules and Regulations]
[Pages 43029-43032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14389]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-21590; Directorate Identifier 2005-CE-33-AD; 
Amendment 39-14199; AD 2005-15-10]
RIN 2120-AA64


Airworthiness Directives; The New Piper Aircraft, Inc. Models PA-
34-200T, PA-34-220T, PA-44-180, and PA-44-180T Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA adopts an airworthiness directive (AD) to supersede AD 
2003-11-14, which applies to certain The New Piper Aircraft, Inc. 
(Piper) Models PA-34-200T, PA-34-220T, PA-44-180, and PA-44-180T 
airplanes that have a model 91E92-1 or model 91E93-1 combustion heater 
fuel pump installed. AD 2003-11-14 currently requires you to do a one-
time inspection of the combustion heater fuel pumps for fuel leakage. 
If leakage is found, repair or replace the fuel pump. This AD retains 
all the actions of AD 2003-11-14 and includes additional serial numbers 
for the Models PA-34-220T and PA-44-180 airplanes in the applicability 
section. This AD results from an investigation that concluded that 
after

[[Page 43030]]

the issuance of AD 2003-11-14, additional fuel pumps that did not meet 
the quality control (inspection or design) requirements of the AD had 
been installed in Models PA-34-220T and PA-44-180 airplanes. We are 
issuing this AD to correct quality control problems with the heater 
fuel pump, which could result in failure of the heater fuel pump. Such 
failure could lead to fire or explosion in the cockpit.

DATES: This AD becomes effective on August 26, 2005.
    On June 20, 2003 (68 FR 33356, June 4, 2003), the Director of the 
Federal Register approved the incorporation by reference of The New 
Piper Aircraft, Inc. Service Bulletin No. 1127, dated February 26, 
2003, and Kelly Aerospace Power Systems Service Information Letter 
Bulletin No. A-110A, dated March 6, 2003.
    As of August 26, 2005, the Director of the Federal Register 
approved the incorporation by reference of the following:

--The New Piper Aircraft, Inc. Service Bulletin No. 1127B, dated April 
18, 2005; and
--Kelly Aerospace Power Systems Service Information Letter Bulletin No. 
A-110B, dated December 20, 2004.

    We must receive any comments on this AD by September 26, 2005.

ADDRESSES: Use one of the following to submit comments on this 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.
    To get the service information identified in this AD, contact The 
New Piper Aircraft, Inc., Customer Services, 2926 Piper Drive, Vero 
Beach, Florida 32960; telephone: (772) 567-4361; facsimile: (772) 978-
6584.
    To view the comments to this AD, go to http://dms.dot.gov. The 
docket number is FAA-2005-21590; Directorate Identifier 2005-CE-33-AD.

FOR FURTHER INFORMATION CONTACT: Hector Hernandez, Aerospace Engineer, 
FAA, Atlanta Aircraft Certification Office, One Crown Center, 1895 
Phoenix Boulevard, Suite 450, Atlanta, Georgia 30349; telephone: (770) 
703-6069; facsimile: (770) 703-6097.

SUPPLEMENTARY INFORMATION:
    What events have caused this AD? Several reports of fuel leakage 
(resulting from a quality control problem) from the combustion heater 
fuel pumps installed on Piper Models PA-34-200T, PA-34-220T, PA-44-180, 
and PA-44-180T airplanes caused us to issue AD 2003-11-14, Amendment 
39-13173 (68 FR 33356, June 4, 2003). AD 2003-11-14 currently requires 
you to do a one-time (quality control) inspection of the combustion 
heater fuel pumps for fuel leakage. If leakage is found, repair or 
replace the fuel pump.
    Since AD 2003-11-14 was issued, there has been an investigation of 
two reports of fuel leakage from the combustion heater fuel pumps in 
December 2004. These two reports of fuel leakage were similar to those 
that led to the issuance of AD 2003-11-14. Improper torque was applied 
to the mounting screws of the fuel pump filter cover and resulted in 
sealing surface abnormalities such as nicks, gouges, or warping. This 
condition is a result of a quality control problem.
    The findings of the investigation concluded that after issuance of 
AD 2003-11-14 additional fuel pumps that did not meet the quality 
control (inspection or design) requirements of the AD have been 
installed in Piper Models PA-34-220T and PA-44-180 airplanes. Other 
fuel pumps that do not meet the quality control (inspection or design) 
requirements may be held as spares.
    What is the potential impact if FAA took no action? Quality control 
problems with the heater fuel pump could result in failure of the 
heater fuel pump. Such failure could lead to fire or explosion in the 
cockpit.
    Is there service information that applies to this subject? Piper 
has issued:

--Service Bulletin No. 1127, dated February 26, 2003. This Piper 
service bulletin includes Kelly Aerospace Service Information Letter 
Bulletin No. A-110A, dated March 6, 2003; and
--Service Bulletin No. 1127B, dated April 18, 2005. This Piper service 
bulletin includes Kelly Aerospace Service Information Letter Bulletin 
No. A-110B, dated December 20, 2004

    What are the provisions of this service information? These service 
bulletins include procedures for:

--Inspecting the combustion heater fuel pump for leaks; and
--Inspecting the sealing surface of the fuel pump.

FAA's Determination and Requirements of the 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.
    Since the unsafe condition described previously is likely to exist 
or develop on other Piper Models PA-34-200T, PA-34-220T, PA-44-180, and 
PA-44-180T airplanes of the same type design, we are issuing this AD to 
correct quality control problems with the heater fuel pump, which could 
result in failure of the heater fuel pump. Such failure could lead to 
fire or explosion in the cockpit.
    What does this AD require? This AD requires you to incorporate the 
actions in the previously-referenced service bulletins.
    In preparing this rule, we contacted type clubs and aircraft 
operators to get technical information and information on operational 
and economic impacts. We did not receive any information through these 
contacts. If received, we would have included a discussion of any 
information that may have influenced this action in the rulemaking 
docket.
    How does the revision to 14 CFR part 39 affect this 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.

Comments Invited

    Will I have the opportunity to comment before you issue the rule? 
This AD is a final rule that involves requirements affecting flight 
safety and was not preceded by notice and an opportunity for public 
comment; however, we invite you to submit any written relevant data, 
views, or arguments regarding this AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2005-21590; 
Directorate Identifier 2005-CE-33-AD'' in the subject line of your 
comments. If you want us to acknowledge receipt of your mailed 
comments, send us a self-addressed, stamped postcard with the docket 
number written on it; we will date-stamp your postcard and mail it back 
to you. We specifically invite comments

[[Page 43031]]

on the overall regulatory, economic, environmental, and energy aspects 
of the rule that might suggest a need to modify it. If a person 
contacts us through a nonwritten communication, and that contact 
relates to a substantive part of this 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 the AD in light of those 
comments.

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 ``AD 
Docket FAA-2005-21590; Directorate Identifier 2005-CE-33-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. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD) 
2003-11-14, Amendment 39-13173 (68 FR 33356, June 4, 2003), and by 
adding a new AD to read as follows:

2005-15-10 The New Piper Aircraft, Inc.: Amendment 39-14199; Docket 
No. FAA-2005-21590; Directorate Identifier 2005-CE-33-AD.

When Does This AD Become Effective?

    (a) This AD becomes effective on August 26, 2005.

Are Any Other ADs Affected By This Action?

    (b) This AD supersedes AD 2003-11-14, Amendment 39-13173.

What Airplanes Are Affected by This AD?

    (c) This AD applies to the following airplane models and serial 
numbers that are certificated in any category, equipped with a model 
91E92-1 or model 91E93-1 aircraft heater fuel pump:
    (1) Group 1: The New Piper Aircraft, Inc. airplanes retained 
from AD 2003-11-14:

------------------------------------------------------------------------
                   Model                             Serial Nos.
------------------------------------------------------------------------
PA-34-200T................................  34-7570002 through 34-
                                             8170092.
PA-34-220T................................  34-8133002 through 3449278.
PA-44-180.................................  44-7995001 through 4496168.
PA-44-180T................................  44-8107001 through 44-
                                             8207020.
------------------------------------------------------------------------

    (2) Group 2: The New Piper Aircraft, Inc. airplanes (not 
included in AD 2003-11-14) added to the applicability of this AD:

------------------------------------------------------------------------
                   Model                             Serial Nos.
------------------------------------------------------------------------
PA-34-220T................................  3449279 through 3449309.
PA-44-180.................................  4496169 through 4496190.
------------------------------------------------------------------------

    What Is the Unsafe Condition Presented in This AD?
    (d) This AD is the result of an investigation that concluded 
that after issuance of AD 2003-11-14, additional fuel pumps that did 
not meet the quality control (inspection or design) requirements of 
the AD were installed in Models PA-34-220T and PA-44-180 airplanes. 
We are issuing this AD to correct quality control problems with the 
heater fuel pump, which could result in failure of the heater fuel 
pump. Such failure could lead to fire or explosion in the cockpit.

What Must I Do To Address This Problem?

    (e) What actions must I do to address this problem for Group 1 
airplanes? To address this problem for Group 1 airplanes, you must 
do the following:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Visually inspect any      Within the next 10    Follow The New Piper
 installed aircraft heater     hours time-in-        Aircraft, Inc.
 fuel pump (model 91E92-1 or   service (TIS),        Service Bulletin
 model 91E93-1 for leakage.    after June 20, 2003   No. 1127, dated
                               (the effective date   February 26, 2003,
                               of AD 2003-11-14),    and Kelly Aerospace
                               unless already done.  Power Systems
                                                     Service Information
                                                     Letter Bulletin No.
                                                     A-110A, dated March
                                                     6, 2003.
(2) If any leak is found,     Before further        Follow The New Piper
 inspect the pump sealing      flight after the      Aircraft, Inc.
 surface for abnormalities     inspection required   Service Bulletin
 (for example, nicks,          in paragraph (e)(1)   No. 1127, dated
 gouges, or warping).          of this AD.           February 26, 2003,
 Correct any abnormality                             and Kelly Aerospace
 found. If any abnormality                           Power Systems
 cannot be corrected,                                Service Information
 replace the header fuel                             Letter Bulletin No.
 pump.                                               A-110A, dated March
                                                     6, 2003.

[[Page 43032]]

 
(3) Do not install any        As of June 20, 2003   Follow The New Piper
 heater fuel pump (model       (the effective date   Aircraft, Inc.
 91E92-1 or model 91E93-1)     of AD 2003-11-14).    Service Bulletin
 unless you have visually                            No. 1127, dated
 inspected the pump for                              February 26, 2003,
 leakage and corrected any                           and Kelly Aerospace
 abnormalities specified in                          Power Systems
 paragraph (e)(2) of the AD.                         Service Information
                                                     Letter Bulletin No.
                                                     A-110A, dated March
                                                     6, 2003.
------------------------------------------------------------------------

    (f) What actions must I do to address this problem for Group 2 
airplanes? To address this problem for Group 2 airplanes, you must 
do the following:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Visually inspect any      Within the next 10    Follow The New Piper
 installed aircraft heater     hours time-in-        Aircraft, Inc.
 fuel pump (model 91E92-1 or   service (TIS),        Service Bulletin
 model 91E93-1) for leakage.   after August 26,      No. 1127B, dated
                               2005 (the effective   April 18, 2005, and
                               date of this AD),     Kelly Aerospace
                               unless already done.  Power Systems
                                                     Service Information
                                                     Letter Bulletin No.
                                                     A-110B, dated
                                                     December 20, 2004.
(2) If any leak is found,     Before further        Follow The New Piper
 inspect the pump sealing      flight after the      Aircraft, Inc.
 surface for abnormalities     inspection required   Service Bulletin
 (for example, nicks,          in paragraph (f)(1)   No. 1127B, dated
 gouges, or warping).          of this AD.           April 18, 2005, and
 Correct any abnormality                             Kelly Aerospace
 found. If any abnormality                           Power Systems
 cannot be corrected,                                Service Information
 replace the heater fuel                             Letter Bulletin No.
 pump.                                               A-110B, dated
                                                     December 20, 2004.
(3) Do not install any        As of August 26,      Follow The New Piper
 heater fuel pump (model       2005 (the effective   Aircraft, Inc.
 91E92-1 or model 91E93-1)     date of this AD).     Service Bulletin
 unless you have visually                            No. 1127B, dated
 inspected the pump for                              April 18, 2005, and
 leakage and corrected any                           Kelly Aerospace
 abnormalities specified in                          Power Systems
 paragraph (f)(2) of this AD.                        Service Information
                                                     Letter Bulletin No.
                                                     A-110B, dated
                                                     December 20, 2004.
------------------------------------------------------------------------

May I Request an Alternative Method of Compliance?

    (g) 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, Atlanta Aircraft 
Certification Office (ACO). For information on any already approved 
alternative methods of compliance, contact Hector Hernandez, 
Aerospace Engineer, FAA, Atlanta Aircraft Certification Office, One 
Crown Center, 1895 Phoenix Boulevard, Suite 450, Atlanta, Georgia 
30349; telephone: (770) 703-6069; facsimile: (770) 703-6097.

Does This AD Incorporate Any Material by Reference?

    (h) You must do the actions required by this AD following the 
instructions in The New Piper Aircraft, Inc. Service Bulletin No. 
1127, dated February 26, 2003; The New Piper Aircraft, Inc. Service 
Bulletin No. 1127B, dated April 18, 2005; Kelly Aerospace Power 
Systems Service Information Letter Bulletin No. A-110A, dated March 
6, 2003; and Kelly Aerospace Power Systems Service Information 
Letter Bulletin No. A-110B, dated December 20, 2004.
    (1) On June 20, 2003 (68 FR 33356, June 4, 2003), and in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51, the Director of 
the Federal Register approved the incorporation by reference of The 
New Piper Aircraft, Inc. Service Bulletin No. 1127, dated February 
26, 2003, and Kelly Aerospace Power Systems Service Information 
Letter Bulletin No. A-110A, dated March 6, 2003.
    (2) As of August 26, 2005, and in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51, the Director of the Federal Register 
approved the incorporation by reference of The New Piper Aircraft, 
Inc. Service Bulletin No. 1127B, dated April 18, 2005, and Kelly 
Aerospace Power Systems Service Information Letter Bulletin No. A-
110B, dated December 20, 2004.
    (3) To get a copy of this service information, contact The New 
Piper Aircraft, Inc., Customer Services, 2926 Piper Drive, Vero 
Beach, Florida 32960; telephone: (772) 567-4361; facsimile: (772) 
978-6584. 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://dms.dot.gov. The docket number is FAA-2005-21590; Directorate 
Identifier 2005-CE-33-AD.

    Issued in Kansas City, Missouri, on July 14, 2005.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-14389 Filed 7-25-05; 8:45 am]
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