[Federal Register Volume 68, Number 90 (Friday, May 9, 2003)]
[Rules and Regulations]
[Pages 24861-24864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11265]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-CE-44-AD; Amendment 39-13142; AD 2003-09-13]
RIN 2120-AA64


Airworthiness Directives; the New Piper Aircraft, Inc. Models PA-
23, PA-23-160, PA-23-235, PA-23-250, and PA-E23-250 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to certain The New Piper Aircraft, Inc. (Piper) Models PA-23, 
PA-23-160, PA-23-235, PA-23-250, and PA-E23-250 airplanes that do not 
incorporate a certain design flap control torque tube or torque tube 
assembly. This AD requires you to repetitively inspect the flap control 
torque tube for cracks, corrosion, wear, or elongation of the 
attachment bolt holes (referred to as damage); and requires you to 
replace any damaged torque tube with either an improved design flap 
control torque tube or flap control torque tube assembly. The 
repetitive inspections will no longer be necessary when the improved 
design torque tube or torque tube assembly is installed. This AD is the 
result of several reports of damage found in the flap control torque 
tube on the affected airplanes. The actions specified by this AD are 
intended to detect and correct damage to the flap control torque tube, 
which could result in failure of the flap operating system. If such 
failure occurred during landing or takeoff, then a split flap condition

[[Page 24862]]

could occur with potential loss of control of the airplane.

DATES: This AD becomes effective on June 23, 2003.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the regulations as of June 
23, 2003.

ADDRESSES: You may get the service information referenced in this AD 
from The New Piper Aircraft, Inc., Customer Services, 2926 Piper Drive, 
Vero Beach, Florida 32960; telephone: (561) 567-4361; facsimile: (772) 
978-6573. You may view this information at the Federal Aviation 
Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 2002-CE-44-AD, 901 Locust, Room 506, Kansas 
City, Missouri 64106; or at the Office of the Federal Register, 800 
North Capitol Street, NW., suite 700, Washington, DC.

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:

Discussion

What Events Have Caused This AD?

    A review of FAA's service difficulty report (SDR) database shows 
several incidents of cracks and corrosion in the flap control torque 
tube on Piper PA-23 series airplanes. One incident of a broken flap 
control torque tube resulted in a split flap condition during approach.

What Is the Potential Impact if FAA Took No Action?

    Cracked or corroded flap torque tubes, if not detected and 
corrected, could result in damage to the flap control torque tube and 
failure of the flap operating system. If such failure occurred during 
landing or takeoff, then a split flap condition could occur with 
potential loss of control of the airplane.

Has FAA Taken Any Action to This Point?

    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 Models PA-23, PA-23-160, PA-23-235, PA-23-250, and PA-
E23-250 airplanes that do not incorporate a certain design flap control 
torque tube or torque tube assembly. This proposal was published in the 
Federal Register as a notice of proposed rulemaking (NPRM) on January 
27, 2003. The NPRM proposed to require you to repetitively inspect the 
flap control torque tube for cracks, corrosion, wear, or elongation of 
the attachment bolt holes; and would require you to replace any damaged 
flap control torque tube with either an improved design flap control 
torque tube or flap control torque tube assembly. The repetitive 
inspections would no longer be necessary when the improved design flap 
control torque tube or flap control torque tube assembly is installed.

Was the Public Invited To Comment?

    The FAA encouraged interested persons to participate in the making 
of this amendment. We did not receive any comments on the proposed rule 
or on our determination of the cost to the public.

FAA's Determination

What Is FAA's Final Determination on This Issue?

    After careful review of all available information related to the 
subject presented above, we have determined that air safety and the 
public interest require the adoption of the rule as proposed except for 
minor editorial corrections. We have determined that these minor 
corrections:

--Provide 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.

How Does the Revision to 14 CFR Part 39 Affect This AD?

    On July 10, 2002, FAA 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 special flight 
permits, alternative methods of compliance, and altered products. 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.

Cost Impact

How Many Airplanes Does This AD Impact?

    We estimate that this AD affects 3,733 airplanes in the U.S. 
registry.

What Is the Cost Impact of This AD on Owners/Operators of the Affected 
Airplanes?

    We estimate the following costs to accomplish the inspection:

----------------------------------------------------------------------------------------------------------------
                                                                                            Total cost on U.S.
              Labor cost                      Parts cost        Total cost per airplane         operators
----------------------------------------------------------------------------------------------------------------
8 workhours x $60 per hour = $480....  None for inspection....  $480 per airplane......  $1,791,840.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to accomplish any necessary 
replacement that will be required based on the results of the 
inspection. We have no way of determing the number of airplanes that 
may need such repair/replacement:

------------------------------------------------------------------------
                                                        Total cost per
           Labor cost                 Parts cost           airplane
------------------------------------------------------------------------
4 workhours x $60 per hour =      $452 per airplane.  $692 per airplane.
 $240.
------------------------------------------------------------------------

Regulatory Impact

Does This AD Impact Various Entities?

    The regulations adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.

Does This AD Involve a Significant Rule or Regulatory Action?

    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a

[[Page 24863]]

``significant rule'' under 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. A copy 
of the final evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

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:

2003-09-13 The New Piper Aircraft, Inc.: Amendment 39-13142; Docket 
No. 2002-CE-44-AD.

    (a) What airplanes are affected by this AD? This AD affects the 
following airplane models and serial numbers that are certificated 
in any category and do not incorporate a part number (P/N) 17634-002 
flap control torque tube; or a P/N 104622-002 or 104622-004 flap 
control torque tube assembly:

------------------------------------------------------------------------
                 Model                            Serial numbers
------------------------------------------------------------------------
PA-23 and PA-23-160                      23-1 through 23-2046.
PA-23-235                                27-505 through 27-622.
PA-23-250                                27-1 through 27-504 and 27-2000
                                          through 27-8154030.
PA-E23-250                               27-2505 through 27-4916 and 27-
                                          7304917 through 27-7554168.
------------------------------------------------------------------------

    (b) Who must comply with this AD? Anyone who wishes to operate 
any of the airplanes identified in paragraph (a) of this AD must 
comply with this AD.
    (c) What problem does this AD address? The actions specified by 
this AD are intended to detect and correct damage to the flap 
control torque tube, which could result in failure of the flap 
operating system. If such failure occurred during landing or 
takeoff, then a split flap condition could occur with potential loss 
of control of the airplane.
    (d) What actions must I accomplish to address this problem? To 
address this problem, you must accomplish the following:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Inspect the flap control  Initially inspect     In accordance with
 torque tube for cracks,       upon accumulating     sections 3 through
 corrosion, wear, or           2,500 hours time-in-  10 of the
 elongation of the             service (TIS) on      ACCOMPLISHMENT
 attachment bolt holes         the flap control      INSTRUCTIONS
 (referred to as damage).      torque tube or        section of Piper
                               within the next 100   Mandatory Service
                               hours TIS after       Bulletin No. 1051B,
                               June 23, 2003 (the    dated November 5,
                               effective date of     2002.
                               this AD), whichever
                               occurs later.
                               Repetitively
                               inspect thereafter
                               at intervals not to
                               exceed 500 hours
                               TIS until a
                               replacement flap
                               control torque tube
                               or flap control
                               torque tube
                               assembly specified
                               in paragraph (d)(2)
                               of this AD is
                               installed.
-----------------------------
(2) Replace any damaged flap  Prior to further      In accordance with
 control torque tube and       flight after the      sections 3 through
 replace any wooden end        inspection where      10 of the
 plugs with new plastic end    damage is found.      ACCOMPLISHMENT
 plugs, P/N 17631-002.                               INSTRUCTIONS
 Replace the flap control                            section of Piper
 torque tubes with either a                          Mandatory Service
 P/N 17634-002 flap control                          Bulletin No. 1051B,
 torque tube or a P/N 104622-                        dated November 5,
 002 or 104622-004 flap                              2002.
 control torque tube
 assembly.
(i) The P/N 17631-002 end
 plugs are part of the P/N
 104622-002 and 104622-004
 flap control torque tube
 assemblies, but must be
 obtained for the P/N 17634-
 002 installation.
(ii) You do not have to
 inspect the existing wooden
 end plugs as specified in
 the service bulletin since
 this AD requires the
 installation of plastic end
 plugs.
-----------------------------
(3) The repetitive            You may replace the   In accordance with
 inspections required by       flap control torque   sections 3 through
 this AD may be terminated     tube assembly at      10 of the
 after installation of a       any time, but must    ACCOMPLISHMENT
 replacement flap control      replace prior to      INSTRUCTIONS
 torque tube or flap control   further flight if     section of Piper
 torque tube assembly as       damage is found       Mandatory Service
 specified in paragraph        during an             Bulletin No. 1051B,
 (d)(2) of this AD.            inspection.           dated November 5,
                                                     2002.
------------------------------------------------------------------------

    (e) Can I comply with this AD in any other way? To use an 
alternative method of compliance or adjust the compliance time, use 
the procedures in 14 CFR 39.19. Send these requests to the Manager, 
Atlanta Aircraft Certification Office. For information on any 
already approved alternative methods of compliance, contact Hassan 
Amini, Aerospace Engineer, FAA, Atlanta Aircraft Certification 
Office, One Crown Center, 1895 Phoenix Boulevard, Suite 450, 
Atlanta,

[[Page 24864]]

Georgia 30349; telephone: (770) 703-6080; facsimile: (770) 703-6097.
    (f) Are any service bulletins incorporated into this AD by 
reference? Actions required by this AD must be done in accordance 
with Piper Mandatory Service Bulletin No. 1051B, dated November 5, 
2002. The Director of the Federal Register approved this 
incorporation by reference under 5 U.S.C. 552(a) and 1 CFR part 51. 
You may get copies from The New Piper Aircraft, Inc., Customer 
Services, 2926 Piper Drive, Vero Beach, Florida 32960; telephone: 
(561) 567-4361; facsimile: (772) 978-6573. You may view copies at 
the FAA, Central Region, Office of the Regional Counsel, 901 Locust, 
Room 506, Kansas City, Missouri, or at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
    (g) When does this amendment become effective? This amendment 
becomes effective on June 23, 2003.

    Issued in Kansas City, Missouri, on April 30, 2003.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 03-11265 Filed 5-8-03; 8:45 am]
BILLING CODE 4910-13-U