[Federal Register Volume 61, Number 21 (Wednesday, January 31, 1996)]
[Proposed Rules]
[Pages 3338-3340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1760]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 90-CE-60-AD]
Airworthiness Directives; The New Piper Aircraft, Inc. (formerly
Piper Aircraft Corporation) Models PA31, PA31-300, PA31-325, and PA31-
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) 80-22-04, which currently requires the following on The New Piper
Aircraft, Inc. (Piper) Models PA31, PA31-300, PA31-325, and PA31-350
airplanes: Repetitively inspecting the upper section of Fuselage
Station (FS) 317.75 bulkhead for cracks, and incorporating a certain
reinforcement kit if any crack is found. The proposed action would
require inspecting (one-time) the upper section of the FS 317.75
bulkhead for cracks, and incorporating one of two reinforcement kits
depending on whether cracks are found in the FS 317.75 bulkhead area.
Cracks found on airplanes in compliance with the inspection
requirements of AD 80-22-04 and the Federal Aviation Administration's
policy on aging commuter-class aircraft prompted the proposed action.
The actions specified in the proposed AD are intended to prevent
structural failure of the vertical fin forward spar caused by cracks in
the FS 317.75 bulkhead, which, if not detected and corrected, could
result in loss of control of the airplane.
DATES: Comments must be received on or before April 7, 1996.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Central Region, Office of the Assistant Chief
Counsel, Attention: Rules Docket No. 90-CE-60-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 relates 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: Christina Marsh, Aerospace Engineer,
FAA, Atlanta Aircraft Certification Office, Campus Building, 1701
Columbia Avenue, suite 2-160, College Park, Georgia 30337-2748;
telephone (404) 305-7362; facsimile (404) 305-7348.
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. 90-CE-60-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 Assistant Chief Counsel,
Attention: Rules Docket No. 90-CE-60-AD, Room 1558, 601 E. 12th Street,
Kansas City, Missouri 64106.
Discussion
AD 80-22-04, Amendment 39-3943, currently requires the following on
Piper Models PA31, PA31-300, PA31-325, and PA31-350 airplanes:
--Repetitively inspecting the upper section of Fuselage Station (FS)
317.75 bulkhead for cracks; and
--Incorporating Piper Kit part number (P/N) 764-028 if any crack is
found in the upper section of the FS 317.75 bulkhead.
AD 80-22-04 also allows for the option of incorporating Piper Kit P/N
763-917 as terminating action for the repetitive inspection
requirement. Accomplishment of these inspections is in accordance with
Piper Service Bulletin (SB) No. 636A, dated August 26, 1980.
The FAA has received several reports of cracks in the upper section
of FS 317.75 bulkhead on airplanes in compliance with the repetitive
inspection requirements of AD 80-22-04. These reports prompted the FAA
to consider mandating the installation of a reinforcement kit in the
area of the FS 317.75 bulkhead on Piper Models PA31, PA31-300, PA31-
325, and PA31-350 airplanes.
In addition, AD 80-22-04 has been identified as one that should be
superseded under the FAA's aging commuter-class airplane policy. The
FAA has determined that reliance on critical repetitive inspections on
aging commuter-class airplanes carries an unnecessary safety risk when
a design change exists that could eliminate or, in certain instances,
reduce the number of those critical inspections. In determining what
inspections are critical, the FAA considers (1) the safety consequences
if the known problem is not detected during the inspection; (2) the
probability of the problem not being detected during the inspection;
(3) whether the inspection area is difficult to access; and (4) the
possibility of damage to an adjacent structure as a result of the
problem.
These factors have led the FAA to establish an aging commuter-class
[[Page 3339]]
aircraft policy that requires incorporating a known design change when
it could replace a critical repetitive inspection. With this policy in
mind, the FAA conducted a review of existing AD's that apply to Piper
Models PA31-350 and PA31T3 airplanes. Assisting the FAA in this review
were (1) The New Piper Aircraft, Inc.; (2) the Regional Airlines
Association (RAA); and (3) several operators of the affected airplanes.
Based on its aging commuter-class aircraft policy and after
reviewing all available information related to the incidents described
above, the FAA has determined that AD action should be taken to require
the incorporation of a reinforcement kit in the FS 317.75 bulkhead area
in order to prevent structural failure of the vertical fin forward spar
caused by cracks in this area, which, if not detected and corrected,
could result in loss of control of the airplane.
Since an unsafe condition has been identified that is likely to
exist or develop in other Piper Models PA31, PA31-300, PA31-325, and
PA31-350 airplanes of the same type design, the proposed AD would
supersede AD 80-22-04 with a new AD that would require inspecting (one-
time) the upper section of the FS 317.75 bulkhead for cracks in
accordance with Piper SB No. 636A, dated August 26, 1980, and
accomplishing one of the following, as applicable:
--If any crack is found, incorporating Piper Kit 764-028 in accordance
with the instructions to that kit, revised June 18, 1990; or
--If no crack is found, incorporating Piper Kit 763-917 in accordance
with the instructions to that kit, revised June 18, 1990.
The FAA estimates that 2,810 airplanes in the U.S. registry would
be affected by the proposed AD, that it would take approximately 12
workhours (average of 8 workhours for Kit 763-917 and 16 workhours for
Kit 764-028) per airplane to accomplish the proposed installation, and
that the average labor rate is approximately $60 an hour. Parts cost
approximately $300 per airplane. Based on these figures, the total cost
impact of the proposed AD on U.S. operators is estimated to be
$2,866,200 or $1,020 per airplane. This figure is based on the
assumption that no affected airplane owner/operator has accomplished
the proposed installation.
Piper has informed the FAA that bulkhead reinforcement kits have
been distributed to equip at least 15 of the affected airplanes.
Assuming that each of the kits has been incorporated on an affected
airplane, the cost impact of the proposed AD upon U.S. owners operators
of the affected airplanes would be reduced by $15,300 from $2,866,200
to $2,850,900.
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
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 USC 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by removing Airworthiness Directive
(AD) 80-22-04, Amendment 39-3943, and by adding a new AD to read as
follows:
The New Piper Aircraft, Inc. (formerly Piper Aircraft Corporation):
Docket No. 90-CE-60-AD. Supersedes AD 80-22-04, Amendment 39-3943.
Applicability: The following model and serial number airplanes,
certificated in any category, that do not have either Piper Kit 764-
028 or Piper Kit 763-917 incorporated at the Fuselage Station (FS)
317.75 bulkhead area:
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Models Serial Nos.
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PA31, PA31-300, and PA31-325.............. 31-2 through 31-7912039.
PA31-350.................................. 31-5001 through 31-7952071.
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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 (c) 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: Required within the next 100 hours time-in-
service after the effective date of this AD, unless already
accomplished.
To prevent structural failure of the vertical fin forward spar
caused by cracks in the FS 317.75 bulkhead, which, if not detected
and corrected, could result in loss of control of the airplane,
accomplish the following:
(a) Inspect the upper section of the FS 317.75 bulkhead for
cracks in accordance with the INSTRUCTIONS section of Piper Service
Bulletin No. 636A, dated August 26, 1980.
(1) If any crack is found, prior to further flight, incorporate
Piper Kit 764-028 in accordance with the instructions included with
that kit, revised June 18, 1990.
(2) If no crack is found, prior to further flight, incorporate
Piper Kit 763-917 in accordance with the instructions included with
that kit, revised June 18, 1980.
(b) 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.
(c) An alternative method of compliance or adjustment of the
compliance time that provides an equivalent level of safety may be
approved by the Manager, Atlanta Aircraft Certification Office
(ACO), Campus Building, 1701 Columbia Avenue, suite 2-160, College
Park, Georgia 30337-2748. The request shall be forwarded through an
appropriate FAA Maintenance Inspector, who may add comments and then
send it to the Manager, Atlanta ACO.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Atlanta ACO.
Note 3: Alternative methods of compliance approved in accordance
with AD 80-22-04 (superseded by this action) are not considered
approved as alternative methods of compliance with this AD.
(d) 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,
[[Page 3340]]
Florida 32960; or may examine this document at the FAA, Central Region,
Office of the Assistant Chief Counsel, Room 1558, 601 E. 12th
Street, Kansas City, Missouri 64106.
(e) This amendment supersedes AD 80-22-04, Amendment 39-3943.
Issued in Kansas City, Missouri, on January 24, 1996.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 96-1760 Filed 1-30-96; 8:45 am]
BILLING CODE 4910-13-P
