[Federal Register Volume 75, Number 143 (Tuesday, July 27, 2010)]
[Rules and Regulations]
[Pages 43809-43813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18012]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1015; Directorate Identifier 2009-CE-039-AD; 
Amendment 39-16376; AD 2010-15-10]
RIN 2120-AA64


Airworthiness Directives; Piper Aircraft, Inc. PA-28, PA-32, PA-
34, and PA-44 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Piper Aircraft, Inc. (Piper) PA-28, PA-32, PA-34, and PA-44 series 
airplanes. This AD requires you to inspect the control wheel shaft on 
both the pilot and copilot sides and, if necessary, replace the control 
wheel shaft. This AD results from two field reports of incorrectly 
assembled control wheel shafts. We are issuing this AD to detect and 
correct any incorrectly assembled control wheel shafts. This condition, 
if left uncorrected, could lead to separation of the control wheel 
shaft, resulting in loss of pitch and roll control.

DATES: This AD becomes effective on August 31, 2010.
    On August 31, 2010, the Director of the Federal Register approved 
the incorporation by reference of certain publications listed in this 
AD.

ADDRESSES: To get the service information identified in this AD, 
contact Piper Aircraft, Inc., 2926 Piper Drive, Vero Beach, Florida 
32960; telephone: (772) 567-4361; fax: (772) 978-6573; Internet: http://www.newpiper.com/company/publications.asp.
    To view the AD docket, go to U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue, SE., Washington, DC 20590, or on the Internet at 
http://www.regulations.gov. The docket number is FAA-2009-1015; 
Directorate Identifier 2009-CE-039-AD.

FOR FURTHER INFORMATION CONTACT: Hector Hernandez, Aerospace Engineer, 
Atlanta Aircraft Certification Office, 1701 Columbia Avenue, College 
Park, GA 30337; telephone: (404) 474-5587; fax: (404) 474-5606.

SUPPLEMENTARY INFORMATION:

Discussion

    On October 23, 2009, 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 Aircraft, Inc. (Piper) PA-28, PA-32, PA-
34, and PA-44 series airplanes. This proposal was published in the 
Federal Register as a notice of proposed rulemaking (NPRM) on October 
30, 2009 (74 FR 56138). The NPRM proposed to detect and correct any 
incorrectly assembled control wheel shafts.

Comments

    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: Difficulty in Disassembling Components

    Fifteen commenters, including the Aircraft Owners and Pilots 
Association (AOPA), Barry Rogers, Bruce Chien, and Harry Cook commented 
that some Piper airplanes do not have inspection holes and may require 
disassembly of the control wheel shaft. Disassembly can take several 
hours due to the difficulty in removing (or separating) the parts, 
which could be very costly and possibly damage a perfectly good 
component.
    We infer from these comments that the commenters want us to rescind 
the NPRM due to difficulty in disassembling the parts and cost of labor 
for disassembly.
    The FAA partially agrees with the above comment. We disagree that 
we should rescind the NPRM due to difficulty in disassembling the 
parts. According to Piper, the universal joint has rotating parts that 
wear, and replacement of those parts, which requires disassembly, is a 
routine procedure done with little difficulty. Piper sales history 
records show, that on average, they sell over 400 of these as service 
spare replacements each year, and the Piper technical support 
department is not aware of anyone reporting difficulty in replacing 
them. Piper has revised their service bulletin, to provide more 
information about the different control wheel shaft configurations. We 
agree that disassembly of the control shaft wheel may take more time 
than an inspection with witness holes. However, the FAA has determined 
that there is an unsafe condition and has identified actions to correct 
that unsafe condition. It is every owner's and operator's 
responsibility to maintain the airplane to the type design and address 
any airworthiness concerns. This includes all maintenance requirements 
and ADs that correct an unsafe condition.
    We will change the final rule AD action to include Piper Aircraft, 
Inc. Mandatory Service Bulletin No. 1197B, dated May 3, 2010, to use 
for the procedures to comply with the actions required by this AD. We 
will allow ``unless already done'' credit to anyone who already 
accomplished the actions following the previous service bulletin 
included as part of the NPRM.

Comment Issue No. 2: Cost Absorbed by Piper

    John Witosky, Thomas McIntosh, Claude Dalrymple, Jr., M. Hefter, 
and George Haffey commented that the cost

[[Page 43810]]

for maintenance and replacement parts should be absorbed by Piper. 
Several aircraft owners disagreed with covering the cost for a Piper 
mistake. Several aircraft owners/operators felt that Piper failed to 
manufacture the aircraft to design specification and their quality 
system did not detect a bad assembly.
    The FAA has determined that there is an unsafe condition and has 
identified actions to correct that unsafe condition. One of the FAA's 
responsibilities is to identify the direct costs involved (labor and 
parts) with the corrective actions. It is every owner's and operator's 
responsibility to maintain the airplane to the type design and address 
any airworthiness concerns. This includes all maintenance requirements 
and ADs that correct an unsafe condition.
    We are not changing the final rule AD action based on this comment.

Comment Issue No. 3: Date Range of Manufacturing Error

    M. Hefter, Barry Rogers, Matt Gunsch, Thomas McIntosh, and four 
other commenters stated that the FAA needs to determine a date range 
when the control wheel assemblies' manufacturing errors were most 
likely to have occurred. This would narrow the number of aircraft 
required to be inspected. This AD would require the inspection of the 
control wheel assemblies on approximately 41,928 airplanes. There are 
reports from Piper owners that the inspection is not simple and can 
take several hours due to difficulty in removing (or separating) the 
parts.
    The FAA agrees that it would be helpful to know an exact time 
period when the manufacturing errors occurred. Piper is unable to 
determine a time period when the assembly error occurred. Therefore, we 
are unable to comply with owner's/operator's requests to narrow the 
number of aircraft based on date of manufacture.
    We are not changing the final rule AD action based on this comment.

Comment Issue No. 4: Various Configurations and Cost of Compliance

    The AOPA, Bruce Chien, M. Hefter, and Barry Rogers commented that 
the cost of compliance should be revised based on field experience and 
difficulty in removing these parts for inspection, along with replacing 
these assemblies and different configurations used in the control wheel 
shaft assemblies. Piper owners claim there are different configurations 
used in the control wheel shaft assemblies as follows:
     Taper pin on aircraft with witness holes;
     Taper pin on aircraft without witness holes;
     Bolt with witness hole;
     Bolt with no witness hole; and
     The older Piper aircraft do not use fastener (taper pin or 
bolt) or have witness holes.
    The FAA agrees with this comment. Piper has revised the service 
information to provide more information about the different control 
wheel shaft configurations. We are including this revised service 
bulletin in the final rule AD action, and including the estimated cost 
of each configuration in the Costs of Compliance section of this AD. We 
will allow ``unless already done'' credit to anyone who already 
accomplished the actions following the previous service bulletin 
included as part of the NPRM.

Comment Issue No. 5: Inadequate Service Information

    The AOPA and Harry Cook commented that there should be a revision 
to the service bulletin to address the different control wheel shaft 
assemblies. Piper owners are requesting more instructions in the 
service bulletin to address the older Piper aircraft that do not use 
taper pins or have witness holes.
    The FAA agrees with this comment. Piper has revised the service 
bulletin to provide more information about the different control wheel 
shaft configurations. We will change the final rule AD action to 
include Piper Aircraft, Inc. Mandatory Service Bulletin No. 1197B, 
dated May 3, 2010, to use for the procedures to comply with the actions 
required by this AD. We will allow ``unless already done'' credit to 
anyone who already accomplished the actions following the previous 
service bulletin included as part of the NPRM.

Comment Issue No. 6: Alternative Methods of Inspecting

    Neal Bachman, M. Hefter, and several other commenters had several 
suggestions for control wheel shafts lacking a witness hole. One 
commenter suggested that information should be provided in the service 
bulletin on drilling a witness hole based on Piper design 
specifications. Another commenter suggested revising the service 
bulletin to include an alternative method to determine the location of 
the drilled taper pin hole, which requires a measurement from the 
sprocket end of the shaft instead of measuring from the universal joint 
end of the shaft (which requires the removal of the tapered pin). The 
commenters feel this will greatly reduce the burden to remove the 
universal joint/taper pin on airplanes lacking a witness hole.
    The FAA disagrees with this comment. Based on input from Piper, we 
determined these were not viable options due to the many different 
control wheel shaft configurations within each airplane model. However, 
anyone may submit substantiating data to show compliance with the 
actions of this AD. The FAA will review and consider all alternative 
method of compliance (AMOC) requests we receive provided they follow 
the procedures in 14 CFR 39.19
    We are not changing the final rule AD action based on this comment.

Comment Issue No. 7: Compliance Times

    The AOPA and M. Hefter commented that the compliance time should be 
changed to be at the next scheduled annual or 100-hour inspection, 
whichever occurs first. The low fleet incidences do not justify a more 
restrictive timetable.
    The FAA agrees and based on comments received from owners/operators 
we will change the compliance time to be within the next 100 hours 
time-in-service or within the next 12 months, whichever occurs first.

Comment Issue No. 8: Unnecessary AD Action

    The AOPA, James M. Stockdale, Steven Barnes, and others commented 
that the proposed AD is a result of two reports of control wheel shafts 
incorrectly drilled at Piper. The AD would require the inspection of 
the control wheel assemblies on approximately 41,928 airplanes. Several 
aircraft owners/operators feel that a control wheel shaft problem would 
have shown a much greater incidence level than two field reports.
    The FAA does not agree that the scope needs to be changed or that 
this NPRM is not necessary. A loss of the control wheel due to 
misdrilling of the attachment hole may lead to separation of the 
control wheel shaft, resulting in loss of pitch and roll control. The 
FAA has determined that there is an unsafe condition as described and 
justified in the NPRM. It is every owner's responsibility to maintain 
their airplane to type design and address any airworthiness concern.

Conclusion

    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 previously discussed and minor editorial 
corrections. We have

[[Page 43811]]

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.

Costs of Compliance

    We estimate that this AD would affect 41,928 airplanes in the U.S. 
registry.
    We estimate the following costs to do the inspection:

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               Labor cost                           Parts cost              Total cost per airplane              Total cost on U.S. operators
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From .5 work-hour to 3 work-hours x $85   Not applicable................  From $42.50 to $255.......  From $1,781,940 to $10,691,640.
 per hour = $42.50 to $255.
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     We estimate the following costs to do any necessary replacements 
that would be required based on the results of the inspection. We have 
no way of determining the number of airplanes that may need this 
repair/replacement:

----------------------------------------------------------------------------------------------------------------
                                                                                                  Total cost per
                   Labor cost                                       Parts cost                       airplane
----------------------------------------------------------------------------------------------------------------
Taper Pin with and without witness hole: 16      $75 per side x maximum of 2 per airplane = $150          $1,510
 work-hours x $85 per hour = $1,360.
Bolt with and without witness hole: 15 work-     $75 per side x maximum of 2 per airplane = $150          $1,425
 hours x $85 per hour = $1,275.
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Authority for This Rulemaking

    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

    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.
    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-2009-1015; Directorate Identifier 2009-CE-039-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:

2010-15-10 Piper Aircraft, Inc.: Amendment 39-16376; Docket No. FAA-
2009-1015; Directorate Identifier 2009-CE-039-AD.

Effective Date

    (a) This AD becomes effective on August 31, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the following airplane models and serial 
numbers that are certificated in any category:

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                     Models                                                                     Serial Nos.
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PA-28-140.......................................  28-20001 through 28-26946 and 28-7125001 through
                                                  28-7725290.
PA-28-150.......................................  28-03; 28-1 through 28-4377; and 28-1760A.
PA-28-160.......................................  28-03; 28-1 through 28-4377; and 28-1760A.
PA-28-180.......................................  28-03; 28-671 through 28-5859; and 28-7105001 through 28-7205318.
PA-28S-160......................................  28-1 through 28-1760 and 28-1760A.
PA-28S-180......................................  28-671 through 28-5859 and 28-7105001 through
                                                  28-7105234.
PA-28-235.......................................  28-10001 through 28-11378; 28-7110001 through
                                                  28-7210023; 28E-11 and 28-7310001 through 28-7710089.

[[Page 43812]]

 
PA-28-236.......................................  28-7911001 through 28-8611008 and 2811001 through 2811050.
PA-28-151.......................................  28-7415001 through 28-7715314.
PA-28-161.......................................  2841001 through 2841365; 28-7716001 through
                                                  28-8216300; 28-8316001 through 28-8616057; 2816001 through 2816109; 2816110 through 2816119; and
                                                   2842001 through 2842305.
PA-28-180.......................................  28-E13 and 28-7305001 through 28-7505260.
PA-28-181.......................................  28-7690001 through 28-8690056; 28-8690061;
                                                  28-8690062; 2890001 through 2890205; 2890206 through 2890231; and 2843001 through 2843672.
PA-28-201T......................................  28-7921001 through 28-7921095.
PA-28R-180......................................  28R-30002 through 28R-31270 and 28R-7130001 through 28R-7130013.
PA-28R-200......................................  28R-35001 through 28R-35820; 28R-7135001 through 28R-7135229; and 28R-7235001 through 28R-7635545.
PA-28R-201......................................  28R-7737002 through 28R-7837317; 2837001 through 2837061; and 2844001 through 2844138.
PA-28R-201T.....................................  28R-7703001 through 28R-7803374 and 2803001 through 2803012.
PA-28RT-201.....................................  28R-7918001 through 28R-7918267 and 28R-8018001 through 28R-8218026.
PA-28RT-201T....................................  28R-7931001 through 28R-8631005 and 2831001 through 2831038.
PA-32-260.......................................  32-03; 32-04; 32-1 through 32-1297; and 32-7100001 through 32-7800008.
PA-32-300.......................................  32-15; 32-21; 32-40000 through 32-40974; and
                                                  32-7140001 through 32-7940290.
PA-32S-300......................................  32S-15; 32S-40000 through 32S-40974; and 32S-7140001 through 32S-7240137.
PA-32R-300......................................  32R-7680001 through 32R-7880068.
PA-32RT-300.....................................  32R-7885002 through 32R-7985106.
PA-32RT-300T....................................  32R-7787001 and 32R-7887002 through 32R-7987126.
PA-32R-301 (SP).................................  32R-8013001 through 32R-8613006; 3213001 through
                                                  3213028; and 3213030 through 3213041.
PA-32R-301 (HP).................................  3213029; 3213042 through 3213103; 3246001 through 3246217; 3246219; 3246223; 3246218; 3246220 through
                                                   3246222; and 3246224 through 3246244.
PA-32R-301T.....................................  32R-8029001 through 32R-8629008 and 3229001 through 3229003.
PA-32-301.......................................  32-8006002 through 32-8606023; 3206001 through 3206019; 3206042 through 3206044; 3206047; 3206050
                                                   through 3206055; and 3206060.
PA-32-301T......................................  32-8024001 through 32-8424002.
PA-32R-301T.....................................  3257001 through 3257483.
PA-32-301FT.....................................  3232001 through 3232074.
PA-32-301XTC....................................  3255001 through 3255014; 3255026, 3255015 through 3255025; 3255027; and 3255051.
PA-34-200.......................................  34-E4 and 34-7250001 through 34-7450220.
PA-34-200T......................................  34-7570001 through 34-8170092.
PA-34-220T......................................  34-8133001 through 34-8633031; 3433001 through 3433172; 3448001 through 3448037; 3448038 through
                                                   3448079; 3447001 through 3447029; and 3449001 through 3449377.
PA-44-180.......................................  44-7995001 through 44-8195026; 4495001 through 4495013; and 4496001 through 4496251.
PA-44-180T......................................  44-8107001 through 44-8207020.
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Unsafe Condition

    (d) This AD results from two field reports of incorrectly 
assembled control wheel shafts. We are issuing this AD to detect and 
correct any incorrectly assembled control wheel shafts. This 
condition, if left uncorrected, could lead to separation of the 
control wheel shaft, resulting in loss of pitch and roll control.

Compliance

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

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               Actions                             Compliance                            Procedures
----------------------------------------------------------------------------------------------------------------
(1) Inspect the pilot and copilot     Within 100 hours time-in-service      Follow Piper Aircraft, Inc.
 control wheel columns for correct     after August 31, 2010 (the            Mandatory Service Bulletin No.
 control wheel shaft installation.     effective date of this AD), or        1197A, dated September 1, 2009; or
                                       within the next 12 months after       Piper Aircraft, Inc. Mandatory
                                       August 31, 2010 (the effective date   Service Bulletin No. 1197B, dated
                                       of this AD), whichever occurs first.  May 3, 2010.
(2) If during the inspection          Before further flight after the       Follow Piper Aircraft, Inc.
 required in paragraph (e)(1) of       inspection where incorrect            Mandatory Service Bulletin No.
 this AD an incorrectly installed      installation of the control wheel     1197A, dated September 1, 2009; or
 control wheel shaft is found,         shaft is found.                       Piper Aircraft, Inc. Mandatory
 replace the appropriate shaft with                                          Service Bulletin No. 1197B, dated
 a new shaft.                                                                May 3, 2010.

[[Page 43813]]

 
(3) Inspect the universal joint and   Before further flight after the       Follow Piper Aircraft, Inc.
 all other control wheel parts when    inspection where incorrect            Mandatory Service Bulletin No.
 doing the action required in (e)(2)   installation of the control wheel     1197A, dated September 1, 2009; or
 of this AD and, if any                shaft is found.                       Piper Aircraft, Inc. Mandatory
 deterioration, excessive wear, or                                           Service Bulletin No. 1197B, dated
 damage is found, replace the                                                May 3, 2010.
 universal joint and/or other
 control wheel parts with a new
 universal joint and/or other
 applicable new control wheel parts
 as necessary.
----------------------------------------------------------------------------------------------------------------

Alternative Methods of Compliance (AMOCs)

    (f) The Manager, Atlanta Aircraft Certification Office (ACO), 
FAA, has the authority to approve AMOCs for this AD, if requested 
using the procedures found in 14 CFR 39.19. Send information to 
ATTN: Hector Hernandez, Aerospace Engineer, Atlanta Aircraft 
Certification Office (ACO), 1701 Columbia Avenue, College Park, GA 
30337; telephone: (404) 474-5587; fax: (404) 474-5606. Before using 
any approved AMOC on any airplane to which the AMOC applies, notify 
your appropriate principal inspector (PI) in the FAA Flight 
Standards District Office (FSDO), or lacking a PI, your local FSDO.

Related Information

    (g) To get copies of the service information referenced in this 
AD, contact Piper Aircraft, Inc., 2926 Piper Drive, Vero Beach, 
Florida 32960; telephone: (772) 567-4361; fax: (772) 978-6573; 
Internet: http://www.newpiper.com/company/publications.asp. To view 
the AD docket, go to U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, or on the Internet at 
http://www.regulations.gov.

Material Incorporated by Reference

    (h) You must use Piper Aircraft, Inc. Mandatory Service Bulletin 
No. 1197A, dated September 1, 2009, or Piper Aircraft, Inc. 
Mandatory Service Bulletin No. 1197B, dated May 3, 2010, to do the 
actions required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact Piper 
Aircraft, Inc., 2926 Piper Drive, Vero Beach, Florida 32960; 
telephone: (772) 567-4361; fax: (772) 978-6573; Internet: http://www.newpiper.com/company/publications.asp.
    (3) You may review copies of the service information 
incorporated by reference for this AD at the FAA, Central Region, 
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri 
64106. For information on the availability of this material at the 
Central Region, call (816) 329-3768.
    (4) You may also review copies of the service information 
incorporated by reference for this AD at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Kansas City, Missouri, on July 16, 2010.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2010-18012 Filed 7-26-10; 8:45 am]
BILLING CODE 4910-13-P