[Federal Register Volume 63, Number 182 (Monday, September 21, 1998)]
[Proposed Rules]
[Pages 50174-50176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25127]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-CE-152-AD]
RIN 2120-AA64


Airworthiness Directives; The New Piper Aircraft, Inc. Models PA-
31, PA-31-300, PA-31-325, PA-31-350, and PA-31P-350 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes to supersede Airworthiness Directive 
(AD) 81-15-04 R1, which applies to certain The New Piper Aircraft, Inc. 
(Piper) Models PA-31, PA-31-300, PA-31-325, PA-31-350, and PA-31P-350 
airplanes and currently requires repetitively inspecting for cracks at 
the elevator outboard hinge attachment on the horizontal stabilizer 
rear spar, and if cracks are found, incorporating a spar and hinge 
bracket assembly kit. The proposed action would require repetitively 
inspecting the horizontal rear spar in the area of the outboard hinge 
attachment and the outboard hinge attach bracket for cracks. When 
cracks are found or at a certain accumulation of time-in-service (TIS), 
the proposed AD would require modifying the horizontal stabilizer spar 
by incorporating an improved stabilizer spar and hinge bracket assembly 
kit that would terminate the repetitive inspections. The proposed AD is 
prompted by several field reports of cracks found during routine 
inspections on airplanes already in compliance with AD 81-15-04 R1. The 
actions specified by the proposed AD are intended to prevent failure of 
the horizontal stabilizer rear spar caused by cracks at the elevator 
outboard hinge attachment, which could result in loss of control of the 
airplane.

DATES: Comments must be received on or before November 20, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 97-CE-152-AD, Room 1558, 601 E. 12th 
Street, Kansas City, Missouri 64106. Comments may be inspected at this 
location between 8 a.m. and 4 p.m., Monday through Friday, holidays 
excepted.
    Service information that applies to the proposed AD may be obtained 
from The New Piper Aircraft, Inc., Customer Services, 2926 Piper Drive, 
Vero Beach, Florida 32960. This information also may be examined at the 
Rules Docket at the address above.

FOR FURTHER INFORMATION CONTACT: Mr. William Herderich, Aerospace 
Engineer, FAA, Atlanta Aircraft Certification Office, One Crown Center, 
1895 Phoenix Boulevard, suite 450, Atlanta, Georgia 30349; telephone: 
(770) 703-6084; facsimile: (770) 703-6097.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications should identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report that summarizes each FAA-public contact concerned 
with the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 97-CE-152-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Central Region, Office of the Regional Counsel, Attention: 
Rules Docket No. 97-CE-152-AD, Room 1558, 601 E. 12th Street, Kansas 
City, Missouri 64106.

Discussion

    Airworthiness Directive (AD) 81-15-04 R1, Amendment 39-4200, 
currently requires repetitively inspecting certain Piper Model PA-31, 
PA-31-300, PA-31-325, PA-31-350, and PA-31P-350 airplanes for cracks in 
the horizontal stabilizer rear spar and the outboard hinge attach 
bracket and, if cracks are found, incorporating Piper Stabilizer Rear 
Spar Modification and Outboard Hinge Replacement Kit.

Actions Since Issuance of Previous Rule

    Since the issuance of AD 81-15-04 R1, the FAA has received several 
reports of cracks developing in the horizontal stabilizer rear spar and 
the elevator outboard hinge attach brackets on airplanes that are in 
compliance with this AD. The results of the investigation of these 
reports show that the onset of cracks is believed to be caused by 
improper fit of the hinge assembly in the spar channel and the method 
of attaching the hinge bracket assembly to the rear spar.
    Based on this new information, the manufacturer elected to redesign 
the hinge bracket assembly and change the method of attaching the hinge 
bracket assembly to the rear spar. This new design and change in the 
attaching method should alleviate any further need for inspecting the 
rear spar and hinge bracket assembly.

Relevant Service Information

    Piper has issued Service Bulletin (SB) No. 1007, dated September 
30, 1997, which specifies procedures for repetitively inspecting for 
cracks in the elevator outboard hinge bracket and the horizontal 
stabilizer rear spar. If cracks are found, the service information also 
specifies following the instructions provided in Piper Kit No. 766-646 
which is referenced in Piper SB No. 1007, dated September 30, 1997, 
which provides procedures for modifying the rear spar and elevator 
outboard hinge attachment by incorporating Piper Kit No. 766-646.

The FAA's Determination

    After examining the circumstances and reviewing all available 
information related to the incidents described above, the FAA has 
determined that AD action should be taken to prevent failure of the 
horizontal stabilizer rear spar caused by cracks at the elevator 
outboard hinge attachment, which could result in loss of control of the 
airplane.

Explanation of the Provisions of the Proposed AD

    Since an unsafe condition has been identified that is likely to 
exist or develop in other Piper Models PA-31, PA-31-300, PA-31-325, PA-
31-350, and PA-31P-350 airplanes of the same type design, the proposed 
AD would supersede AD 81-15-04 R1 with a new AD that would require:
     Inspecting the horizontal stabilizer rear spar at the 
outboard hinge

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attachment and outboard hinge attach bracket for cracks,
     If no cracks are found, the proposed AD would require 
repetitively inspecting this area until cracks are found, and
     If cracks are found or upon the accumulation of 500 hours 
TIS, whichever occurs first, the proposed AD would require modifying 
the horizontal stabilizer rear spar by incorporating Piper Kit No. 766-
646.
    The incorporation of this kit would terminate the currently 
required repetitive inspections. Accomplishment of the proposed 
modification would be in accordance with the Instructions in Piper Kit 
No. 766-646 which is referenced in Piper Service Bulletin No. 1007, 
dated September 30, 1997.

Differences Between the Service Information and the Proposed AD

    The compliance time specified in the Piper Service Bulletin No. 
1007, dated September 30, 1997, is different than the compliance time 
in the proposed AD. The FAA is not using the 50 hours time-in-service 
(TIS) as the initial and repetitive inspection times, as specified in 
the service bulletin. Fifty hours TIS or less is normally reserved for 
urgent safety of flight conditions. The proposed AD is not considered 
an urgent safety of flight condition, it is superseding an action that 
already requires repetitive inspections. Based on engineering judgment 
and the service history received from the field, the FAA is proposing 
the initial and repetitive inspection time be increased to 100 hours 
TIS in order to allow operators a reasonable amount of time to 
accomplish the proposed action.

Cost Impact

    The FAA estimates that 1,739 airplanes in the U.S. registry would 
be affected by the proposed AD, that it would take approximately 11 
workhours to per airplane to accomplish the proposed actions, and that 
the average labor rate is approximately $60 an hour. Parts cost 
approximately $478 per airplane. Based on these figures, the total cost 
impact of the proposed AD on U.S. operators is estimated to be 
$1,978,982, or $1,138 per airplane. This cost estimate does not take 
into account the number of repetitive inspections that may be incurred 
over the life of the airplane. These figures are based on the 
presumption that no owner/operator of the affected aircraft has 
accomplished this replacement.

Regulatory Impact

    The regulations proposed herein would not have substantial direct 
effects 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, in 
accordance with Executive Order 12612, it is determined that this 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.
    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 ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and (3) if promulgated, 
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 draft regulatory evaluation 
prepared for this action has been placed 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, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 14 
CFR part 39 of the Federal Aviation Regulations as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by removing Airworthiness Directive 81-
15-04 R1, Amendment 39-4200, and by adding a new AD to read as follows:

The New Piper Aircraft, Inc.: Docket No. 97-CE-152-AD; Supersedes AD 
81-15-04 R1, Amendment 39-4200.

    Applicability: The following airplane models and serial numbers, 
certificated in any category:

------------------------------------------------------------------------
                  Models                             Serial Nos.        
------------------------------------------------------------------------
PA-31, PA-31-300, and PA-31-325...........  31-2 through 31-8312019     
PA-31-350.................................  31-5001 through 31-8553002  
PA-31P-350................................  31P-8414001 through 31P-    
                                             8414050                    
------------------------------------------------------------------------

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (f) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: As indicated in the body of this AD, unless already 
accomplished.
    To prevent failure of the horizontal stabilizer rear spar caused 
by cracks at the elevator outboard hinge attachment, which could 
result in loss of control of the airplane:
    (a) Within the next 100 hours time-in-service (TIS) after the 
effective date of this AD, inspect the horizontal stabilizer rear 
spar in the area of the outboard hinge attachment and the outboard 
hinge attach bracket for cracks in accordance with the INSTRUCTIONS 
section of Piper Service Bulletin (SB) No. 1007, dated September 30, 
1997.
    (b) If cracks are found, prior to further flight, modify the 
horizontal stabilizer rear spar by incorporating Piper Kit No. 766-
646 in accordance with the INSTRUCTIONS contained in Piper Kit No. 
766-646 which is referenced in Piper SB No. 1007, dated September 
30, 1997.
    (c) If no cracks are found, continue to inspect in accordance 
with paragraph (a) of this AD at intervals not to exceed 100 hours 
TIS. Upon the accumulation of 500 hours TIS after the effective date 
of this AD or when cracks are found, whichever occurs first, modify 
the horizontal stabilizer rear spar by incorporating Piper Kit No. 
766-646 which is referenced in Piper SB No. 1007, dated September 
30, 1997.
    (d) Modifying the affected airplane by incorporating Piper Kit 
No. 766-646 is considered a terminating action to the inspections 
required in paragraphs (a) and (c) of this AD.
    (e) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.
    (f) An alternative method of compliance or adjustment of the 
initial or repetitive compliance times that provides an equivalent 
level of safety may be approved by the Manager, Atlanta Aircraft 
Certification Office, One Crown Center, 1895 Phoenix Boulevard, 
suite 450, Atlanta, Georgia 30349.
    (1) The request shall be forwarded through an appropriate FAA 
Maintenance Inspector,

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who may add comments and then send it to the Manager, Atlanta ACO.
    (2) Alternative methods of compliance approved in accordance 
with AD 81-15-04 R1, are not considered approved as alternative 
methods of compliance for this AD.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Atlanta ACO.

    (g) All persons affected by this directive may obtain copies of 
the documents referred to herein upon request to The New Piper 
Aircraft, Inc., 2926 Piper Drive, Vero Beach, Florida 32960; or may 
examine this document at the FAA, Central Region, Office of the 
Regional Counsel, Room 1558, 601 E. 12th Street, Kansas City, 
Missouri 64106.
    (h) This amendment supersedes AD 81-15-04 R1, Amendment 39-4200.

    Issued in Kansas City, Missouri, on September 14, 1998.
Marvin R. Nuss,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-25127 Filed 9-18-98; 8:45 am]
BILLING CODE 4910-13-U