[Federal Register: July 27, 2010 (Volume 75, Number 143)]
    [Rules and Regulations]
    [Page 43809-43813]
    From the Federal Register Online via GPO Access [wais.access.gpo.gov]
    [DOCID:fr27jy10-5]
    ––––––––––––––––––––––––––––––––––
    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.
    ––––––––––––––––––––––––––––––––––
    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.
    1

    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 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
    2

    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.
    3

    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 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:
    4

    Labor Cost    Parts Cost    Total Cost Per    Total Cost on U.S.
    Airplane    Operators
    From .5 work-hour to 3    Not applicable    From $42.50 to $255    From $1,781,940
    work-hours X $85 per    to $10,691,640
    hour = $42.50 to $255
    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:
    Labor Cost    Parts Cost    Total Cost Per Airplane
    Taper Pin with and without    $75 per side X     $1,510
    witness hole: 16 work-hours X $85  maximum of 2 per
    per hour = $1,360     airplane = $150
    Bolt with and without witness    $75 per side X    $1,425
    hole: 15 work-hours X $85 per    maximum of 2 per
    hour = $1,275    airplane = $150
    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.
    5

    List of Subjects in 14 CFR Part 39
    Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.
    Adoption of the Amendment
    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
    1. The authority citation for part 39 continues to read as follows:
    Authority: 49 U.S.C. 106(g), 40113, 44701.
    § 39.13  [Amended]
    2. FAA amends § 39.13 by adding a new AD to read as follows:
    6

    AIRWORTHINESS DIRECTIVE
    FAA
    www.faa.gov/aircraft/safety/alerts/
    Aviation Safety
    www.gpoaccess.gov/fr/advanced.html
    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:
    Models Serial Nos.
    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
    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
    7

    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    32R-8013001 through 32R-8613006; 3213001 through 3213028; and 3213030
    (SP)    through 3213041
    PA-32R-301    3213029; 3213042 through 3213103; 3246001 through 3246217; 3246219;
    (HP)    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
    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,
    8

    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:
    Actions Compliance Procedures
    (1) Inspect the pilot and copilot    Within 100 hours time-in-    Follow Piper Aircraft, Inc.
    control wheel columns for correct    service after August 31, 2010    Mandatory Service Bulletin
    control wheel shaft installation.    (the effective date of this    No. 1197A, dated September
    AD), or within the next 12    1, 2009; or Piper Aircraft,
    months after August 31, 2010    Inc. Mandatory Service
    (the effective date of this    Bulletin No. 1197B, dated
    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 this    inspection where incorrect    Mandatory Service Bulletin
    AD an incorrectly installed control    installation of the control    No. 1197A, dated September
    wheel shaft is found, replace the    wheel shaft is found.    1, 2009; or Piper Aircraft,
    appropriate shaft with a new shaft.    Inc. Mandatory Service
    Bulletin No. 1197B, dated
    May 3, 2010.
    (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
    doing the action required in (e)(2)    installation of the control    No. 1197A, dated September
    of this AD and, if any    wheel shaft is found.    1, 2009; or Piper Aircraft,
    deterioration, excessive wear, or    Inc. Mandatory Service
    damage is found, replace the    Bulletin No. 1197B, dated
    universal joint and/or other control    May 3, 2010.
    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-
    9

    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.
    10