[Federal Register Volume 63, Number 72 (Wednesday, April 15, 1998)]
[Rules and Regulations]
[Pages 18308-18311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9750]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 90-CE-65-AD; Amendment 39-10467; AD 98-08-18]
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 Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment supersedes Airworthiness Directive (AD) 79-01-
04, which currently requires repetitively inspecting the elevator
bungee spring for cracks or surface deformities on certain Piper
Aircraft Corporation (known currently as The New Piper Aircraft, Inc.)
Model PA-31-350 airplanes, and replacing any elevator bungee spring
with cracks or surface deformities. This AD retains the repetitive
inspection and replacement requirements from AD 79-01-04 on The New
Piper Aircraft, Inc. (Piper) Model PA-31-350 airplanes until an
elevator bungee spring of improved design is installed, and requires
these repetitive inspection and replacement requirements on certain
other Piper PA-31 and PA-31P series airplanes not affected by AD 79-01-
04. This AD also requires replacing the elevator bungee link with a
link of improved design on all affected airplanes except for the Piper
Model PA-31P airplanes, and repetitively replacing the elevator bungee
spring on all affected airplanes. This AD results from reports of
cracked elevator bungee springs on airplanes incorporating the older
design elevator bungee spring that are not affected by AD 79-01-04, and
by reports of cracked elevator bungee springs on airplanes that have
improved design elevator bungee springs installed. The actions
specified by this AD are intended to prevent failure of the elevator
bungee spring, which could result in a reduction in elevator control
and consequent loss of control of the airplane.
DATES: Effective May 26, 1998.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of May 26, 1998.
ADDRESSES: Service information that applies to this AD may be obtained
from The New Piper Aircraft, Inc., Customer Services, 2926 Piper Drive,
Vero Beach, Florida 32960. This information may also be examined at the
Federal Aviation Administration (FAA), Central Region, Office of the
Regional Counsel, Attention: Rules Docket 90-CE-65-AD, Room 1558, 601
E. 12th Street, 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: William Herderich, Aerospace Engineer,
Atlanta Certification Office, FAA, One Crown Center, 1895 Phoenix
Boulevard, suite 450, Atlanta, Georgia 30349; telephone: (770) 703-
6084; facsimile: (770) 703-6097.
SUPPLEMENTARY INFORMATION:
[[Page 18309]]
Events Leading to the AD
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-31, PA-31-300, PA-31-325, PA-31-350, and PA-31P airplanes was
published in the Federal Register as a notice of proposed rulemaking
(NPRM) on July 23, 1997 (62 FR 39490). The NPRM proposed to supersede
AD 79-01-04. The proposed AD would retain the repetitive inspection and
replacement requirements from AD 79-01-04 on Piper Model PA-31-350
airplanes until an elevator bungee spring of improved design is
installed; would require these repetitive inspection and replacement
requirements on certain Piper Models PA-31, PA-31-300, PA-31-325, and
PA-31P airplanes that are not affected by AD 79-01-04; and would
require the following:
Replacing the elevator bungee link with a Piper part
number (P/N) 71086-03 (or FAA-approved equivalent part number) elevator
bungee link on all affected airplanes, except for the Piper Model PA-
31P airplanes; and
Repetitively replacing the elevator bungee spring with a
Piper P/N 71056-02 (or FAA-approved equivalent part number) or P/N
71056-03 (or FAA-approved equivalent part number) elevator bungee
spring.
Accomplishment of the proposed inspections would be in accordance
with Piper Service Bulletin (SB) No. 626C, dated February 28, 1997.
Accomplishment of the proposed replacements would be in accordance
with Section IV, Surface Controls, of the applicable maintenance manual
for all the affected airplanes, except for the Model PA-31P airplanes.
Accomplishment of the proposed replacements for the Model PA-31P
airplanes would be in accordance with Piper Service Bulletin No. 1002,
dated June 5, 1997.
The NPRM resulted from reports of cracked elevator bungee springs
on airplanes incorporating the older design elevator bungee spring that
are not affected by AD 79-01-04, and by reports of cracked elevator
bungee springs on airplanes that have improved design elevator bungee
springs installed.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the two comments received from one commenter. No comments were received
on the FAA's estimate of the cost impact on the public.
Comment No. 1: The Applicability of the Proposed AD
The commenter states that the applicability statement of the NPRM
is unclear. The commenter explains that the NPRM references Models PA-
31, PA-31-300, PA-31-325, PA-31-350, and PA-31P airplanes. No reference
is made to Models PA-31P-350, PA-31T, PA-31T1, PA-31T2, and PA-31T3
airplanes. The commenter feels that the FAA should state whether these
airplanes are exempt from the AD.
The FAA concurs that the NPRM references Models PA-31, PA-31-300,
PA-31-325, PA-31-350, and PA-31P airplanes, and that no reference is
made to Models PA-31P-350, PA-31T, PA-31T1, PA-31T2, and PA-31T3
airplanes. This was the FAA's intent. The FAA does not concur that a
statement should be included in the AD to clarify that certain
airplanes are excluded. On the contrary, past experience has shown that
including such a statement in the AD causes confusion as to what
airplanes are affected by the AD. If a particular airplane is not
referenced in the Applicability section of the AD, then that airplane
is not affected by the AD. No changes to the final rule have been made
as a result of this comment.
Comment No. 2: The Use of the Term ``Series''
The commenter states that the FAA should not use the term
``series'' when referring to aircraft since it has no precise
definition. The commenter explains that the AD may not be enforceable
if the Models are not listed, and this NPRM may fall within this
category.
The FAA does not concur with never using the term ``series'';
however, the FAA does concur that in certain instances the term
``series'' could be misleading. In the Applicability section of the AD,
the model designations of all airplanes should be listed; the term
series in this section puts the burden of interpreting which airplane
models are affected on the owners/operators. The term ``series'' is
acceptable when referring to a large number of airplane models in the
narrative of the preamble of the AD. In this NPRM, the models are
listed in the Applicability section so no changes to the NPRM are
necessary. No changes to the final rule have been made as a result of
this comment.
The FAA's Determination
After careful review of all available information related to the
subject presented above, the FAA has determined that air safety and the
public interest require the adoption of the rule as proposed except for
minor editorial corrections. The FAA has determined that these minor
corrections will not change the meaning of the AD and will not add any
additional burden upon the public than was already proposed.
Differences Between This AD and Piper Service Bulletins
Piper Service Bulletin No. 626C, dated February 28, 1997, specifies
replacing the bungee links every 1,000 flight hours, and specifies
repetitive inspections of both the Piper P/N 42377-02 (or FAA-approved
equivalent part number) and P/N 71056-02 (or FAA-approved equivalent
part number) elevator bungee springs on Piper PA-31 series airplanes,
except for the Model PA-31P airplanes. This AD only requires a one-time
replacement of the elevator bungee link on these airplanes, and does
not require repetitive inspections of the Piper P/N 71056-02 (or FAA-
approved equivalent part number) elevator bungee spring.
The FAA has determined that:
Based on history and design data, a life limit is not
required for the P/N 71086-03 (or FAA-approved equivalent part number)
elevator bungee links; and
Because the Piper P/N 71056-02 (or FAA-approved equivalent
part number) and P/N 71056-03 (or FAA-approved equivalent part number)
elevator bungee springs have the same structural design, repetitive
inspections are only needed on the Piper P/N 42377-02 (or FAA-approved
equivalent part number) elevator bungee springs.
In addition, Piper Service Bulletin No. 1002, dated June 5, 1997,
specifies repetitively replacing the P/N 42376-05 elevator bungee link
on the Piper Model PA-31P airplanes. The FAA has determined that the P/
N 42376-05 elevator bungee link is compatible with the P/N 42377-02 and
P/N 71056-03 elevator bungee springs and replacement of the elevator
bungee links on Piper Model PA-31P airplanes is not necessary.
Cost Impact
The FAA estimates that 1,325 airplanes in the U.S. registry will be
affected by this AD, that it will take approximately 1 workhour per
airplane to accomplish the required replacement, and that the average
labor rate is approximately $60 an hour. Parts cost approximately $60
per airplane. Based on these figures, the total cost impact of this AD
on U.S. operators is estimated to be $159,000.
The above figures only take into account the cost of the initial
[[Page 18310]]
replacement and do not take into account the cost of repetitive
replacements. The FAA has no way of determining how many repetitive
replacements each owner/operator may incur over the life of an affected
airplane. The figure also does not include the cost of the repetitive
inspections for the affected Piper PA-31 and PA-31P series airplanes
that would be required until mandatory replacement of the elevator
bungee spring. The FAA has no way of determining how many of the
affected airplanes will have the old design elevator bungee spring
still installed and will be subject to the required repetitive
inspections. The FAA believes that most affected Piper PA-31 and PA-31P
series airplanes have already exceeded 1,000 hours TIS and the owners/
operators will replace the elevator bungee spring within 100 hours TIS
of the effective date of the AD instead of repetitively inspecting the
older design elevator bungee spring.
Regulatory Impact
The regulations adopted herein will 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 final
rule does 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) 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
Accordingly, pursuant to 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.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by removing Airworthiness Directive
(AD) 79-01-04, Amendment 39-3381, and by adding a new AD to read as
follows:
98-08-18 The New Piper Aircraft, Inc. (formerly Piper Aircraft
Corporation): Amendment 39-10467; Docket No. 90-CE-65-AD. Supersedes
79-01-04, Amendment 39-3381.
Applicability: The following airplane models and serial numbers,
certificated in any category:
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Models Serial Nos.
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PA-31, PA-31-300, and PA-31-325........... 31-2 through 31-8312019.
PA-31-350................................. 31-5001 through 31-8553002.
PA-31P.................................... 31P-1 through 31P-7730012.
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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 (g) 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 as indicated in the body of this AD, unless
already accomplished.
To prevent failure of the elevator bungee spring, which could
result in a reduction in elevator control and consequent loss of
control of the airplane, accomplish the following:
(a) For any affected airplane incorporating a Piper part number
(P/N) 42377-02 (or FAA-approved equivalent part number) elevator
bungee spring where the elevator bungee spring has 900 hours TIS or
less, accomplish the following:
(1) Within the next 100 hours time-in-service (TIS) after the
effective date of this AD, unless already accomplished (compliance
with AD 79-01-04), and thereafter at intervals not to exceed 100
hours TIS until the replacement required by paragraph (b) of this AD
is accomplished, inspect the elevator bungee spring for cracks or
surface deformities in accordance with the ACCOMPLISHMENT
INSTRUCTIONS section of Piper Service Bulletin No. 626C, dated
February 28, 1997.
Note 2: The 100-hour TIS repetitive inspection compliance time
is the same as that in AD 79-01-04 (superseded by this action). This
compliance time is being retained to provide credit and continuity
for already-accomplished and future inspections.
Note 3: Piper Service Bulletin No. 626C, dated February 28,
1997, lists Piper Models PA-31, PA-31-300, PA-31-325, and PA-31-350
airplanes in the Models Affected section. For purposes of this AD,
the inspection procedures included in this service bulletin also
apply to the Piper Model PA-31P airplanes.
(2) If any cracks or surface deformities are found during any
inspection required by paragraph (a)(1) of this AD, prior to further
flight, accomplish the following:
(i) For all affected Models PA-31, PA-31-300, PA-31-325, and PA-
31-350 airplanes, replace the elevator bungee link with a Piper P/N
71086-03 (or FAA-approved equivalent part number) elevator bungee
link;
(ii) For all the affected airplanes, replace the elevator bungee
spring with a Piper P/N 71056-02 (or FAA-approved equivalent part
number) or Piper P/N 71056-03 (or FAA-approved equivalent part
number) elevator bungee spring. Accomplish this in accordance with
Section IV, Surface Controls, of the applicable maintenance manual.
(b) Upon accumulating 1,000 hours TIS on a Piper P/N 42377-02,
71056-02, or 71056-03 (or FAA-approved equivalent part number for
any of the above) elevator bungee spring or within the next 100
hours TIS after the effective date of this AD, whichever occurs
later, accomplish the following:
(1) For all affected Models PA-31, PA-31-300, PA-31-325, and PA-
31-350 airplanes, replace the elevator bungee link with a Piper P/N
71086-03 (or FAA-approved equivalent part number) elevator bungee
link in accordance with Section IV, Surface Controls, of the
applicable maintenance manual, unless already accomplished.
(2) For all affected airplanes, replace the elevator bungee
spring with a Piper P/N 71056-02 (or FAA-approved equivalent part
number) or Piper P/N 71056-03 (or FAA-approved equivalent part
number).
(i) For all affected Models PA-31, PA-31-300, PA-31-325, and PA-
31-350 airplanes, accomplish this replacement in accordance with
Section IV, Surface Controls, of the applicable maintenance manual.
(ii) For the affected Model PA-31P airplanes, accomplish the
replacement in accordance with the INSTRUCTIONS section in Piper
Service Bulletin No. 1002, dated June 5, 1997.
(c) For all affected airplanes, repetitively replace the
elevator bungee spring with a Piper P/N 71056-02 (or FAA-approved
equivalent part number) or Piper P/N 71056-03 (or FAA-approved
equivalent part number) elevator bungee spring at intervals not to
exceed 1,000 hours TIS.
(1) Accomplish the repetitive replacements in accordance with
the applicable service information specified in either paragraph
(b)(2)(i) or (b)(2)(ii) of this AD.
[[Page 18311]]
(2) If an affected airplane already had the elevator bungee
spring and link replaced as specified in paragraphs (b)(1) and
(b)(2) of this AD, then only the repetitive replacements of the
elevator bungee spring as specified in paragraph (c) of this AD are
required.
(d) The repetitive inspections required by paragraph (a) of this
AD may be terminated when the replacements specified in paragraphs
(a)(2) and (b)(1) and (b)(2) of this AD are accomplished.
(e) As of the effective date of this AD, no person shall install
either a Piper P/N 42377-02 (or FAA-approved equivalent part number)
elevator bungee spring or a Piper P/N 42376-02 (or FAA-approved
equivalent part number) elevator bungee link.
Note 4: The actions specified by this AD are different from
those in Piper SB No. 626C, dated February 28, 1997. This AD takes
precedence over the service bulletin. Piper SB No. 626C, dated
February 28, 1997, specifies replacing the bungee links every 1,000
flight hours, and specifies repetitive inspections of both the Piper
P/N 42377-02 and P/N 71056-02 elevator bungee springs. This AD
requires a one-time replacement of the elevator bungee link, and
does not require repetitive inspections of the Piper P/N 71056-02
elevator bungee springs on any of the affected airplanes.
(f) 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.
(g) 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), One Crown Center, 1895 Phoenix Boulevard, suite 450, Atlanta,
Georgia 30349.
(1) The request shall be forwarded through an appropriate FAA
Maintenance Inspector, who may add comments and then send it to the
Manager, Atlanta ACO.
(2) Alternative methods of compliance approved in accordance
with AD 79-01-04 (superseded by this action) are not considered
approved as alternative methods of compliance with this AD.
Note 5: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Atlanta ACO.
(h) The inspection required by this AD shall be done in
accordance with Piper Service Bulletin No. 626C, dated February 28,
1997. The replacement required by this AD (for Model PA-31P
airplanes) shall be done in accordance with Piper Service Bulletin
No. 1002, dated June 5, 1997. This incorporation by reference was
approved by the Director of the Federal Register in accordance with
5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from The
New Piper Aircraft, Inc., 2926 Piper Drive, Vero Beach, Florida
32960. Copies may be inspected at the FAA, Central Region, Office of
the Regional Counsel, Room 1558, 601 E. 12th Street, Kansas City,
Missouri, or at the Office of the Federal Register , 800 North
Capitol Street, NW, suite 700, Washington, DC.
(i) This amendment supersedes AD 79-01-04, Amendment 39-3381.
(j) This amendment becomes effective on May 26, 1998.
Issued in Kansas City, Missouri, on April 6, 1998.
Marvin R. Nuss,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-9750 Filed 4-14-98; 8:45 am]
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