[Federal Register Volume 62, Number 88 (Wednesday, May 7, 1997)]
[Proposed Rules]
[Pages 24851-24853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11778]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 96-CE-53-AD]
RIN 2120-AA64
Airworthiness Directives; The New Piper Aircraft, Inc. Model PA-
38-112 Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes to adopt a new airworthiness directive
(AD) that would apply to The New Piper Aircraft, Inc. (Piper) Model PA-
38-112 airplanes with serial numbers (S/N) 38-80A0166 through 38-
82A0122. The proposed action would require repetitively replacing the
upper rudder hinge bracket, part number (P/N) 77610-03. Reports of
fatigue cracks occurring on the upper rudder hinge bracket (P/N 77610-
02), and the manufacture of a new upper rudder hinge bracket (P/N
77610-03) with a life limited improved design prompted the proposed
action. The actions specified by the proposed AD are intended to
prevent cracks in the upper rudder hinge bracket, which, if not
detected and corrected, could result in separation of the rudder from
the airplane and loss of control of the airplane.
DATES: Comments must be received on or before July 10, 1997.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Central Region, Office of the Assistant Chief
Counsel, Attention: Rules Docket No. 96-CE-53-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., Attn: Customer Service, 2926 Piper
Dr., Vero Beach, Florida 32960. This information also may be examined
at the Rules Docket at the address above.
FOR FURTHER INFORMATION CONTACT: Ms. Christina Marsh, Aerospace
Engineer, FAA, Atlanta Aircraft Certification Office, Campus Building,
1701 Columbia Ave., 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. 96-CE-53-D.'' The postcard will be date stamped and
returned to the commenter.
[[Page 24852]]
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. 96-CE-53-AD, Room 1558, 601 E. 12th Street,
Kansas City, Missouri 64106.
Discussion
The FAA has received reports of the Piper Model PA-38-112 airplanes
having fatigue cracks on the upper rudder hinge bracket. These reports
prompted issuance of AD 80-22-12 which mandates replacing the upper
rudder hinge bracket, part number (P/N) 77610-02, on Model PA-38-112
(serial numbers (S/N's) 38-78A0001 through 38-80A0165), with a bracket
of improved design. Based on fatigue analysis, the improved upper
rudder hinge bracket (P/N 77610-03) withstands fatigue for a longer
time, but is still life limited and should be replaced at regular
intervals.
Since issuance of AD 80-22-12, Piper has manufactured additional
Model PA-38-112 airplanes. These new airplanes have the improved upper
rudder hinge bracket (P/N 77610-03) installed at the factory, but the
owners are not required to change the bracket at regular intervals
either by regulation or regular maintenance.
While conducting a review of the Piper Model PA-38-112 Type
Certificate Data Sheet (TCDS) A18SO, the FAA discovered that the Piper
Model PA-38-112 airplanes manufactured after the issuance of AD 80-22-
12 should be replacing the upper rudder hinge bracket (P/N 77610-03) at
regular intervals as well.
Relevant Service Information
Piper previously issued Service Bulletin No. 686, dated May 23,
1980, which specifies procedures for removing and replacing the rudder
upper hinge brackets, P/N 77610-03. This service bulletin is also
applicable to this proposed action.
The FAA's Determination
After examining the circumstances and reviewing all available
information related to the review, tests, reports of fatigue cracks and
service information described above, the FAA has determined that AD
action should be taken to prevent cracks in the upper rudder hinge
bracket, which if not detected and corrected, could result in
separation of the rudder from the airplane and 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 Model PA-38-112 airplanes of the same
type design, the proposed AD would require repetitively replacing the
upper rudder hinge bracket, P/N 77610-03, with a new upper rudder hinge
bracket, P/N 77610-03, at the total accumulation of 5,000 hours time-
in-service (TIS), or within the next 100 hours TIS, whichever occurs
later, and then continue to replace the part at 5,000 hour TIS
intervals thereafter.
Cost Impact
The FAA estimates that 153 airplanes in the U.S. registry would be
affected by the proposed AD, that it would take approximately 2
workhours per airplane to accomplish the proposed action, 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 the proposed AD on U.S. operators is estimated to be $27,540.
The manufacturer has informed the FAA that none of the owners/operators
of the affected airplanes have accomplished the proposed action.
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
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 adding a new airworthiness directive
(AD) to read as follows:
The New Piper Aircraft, Inc.: Docket No. 96-CE-53-AD.
Applicability: Model PA-38-112 airplanes (serial numbers 38-
80A0166 through 38-82A0122), certificated in any category.
Note 1: The serial numbers listed in the applicability section
of this AD do not match the serial numbers in Piper Aircraft
Corporation Service Bulletin (SB) No. 686, dated May 23, 1980. This
AD takes precedence over Piper SB 686, dated May 23, 1980.
Note 2: 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 upon the accumulation of 5,000 hours total
time-in-service (TIS) or within the next 100 hours TIS, whichever
occurs later after the effective date of this AD, and thereafter at
intervals not to exceed 5,000 hours TIS, unless already
accomplished.
To prevent cracks in the upper rudder hinge bracket, which if
not corrected, could result in separation of the rudder from the
airplane and loss of control of the airplane, accomplish the
following:
(a) Remove and replace the upper rudder hinge bracket, part
number (P/N) 77610-03, with a new upper rudder hinge bracket, P/N
77610-03 in accordance with the Instructions section of Piper SB No.
686, dated May 23, 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
initial or repetitive
[[Page 24853]]
compliance times that provides an equivalent level of safety may be
approved by the Manager, Atlanta Aircraft Certification Office,
Campus Building, 1701 Columbia Ave., 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 Aircraft Certification Office.
Note 3: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from Atlanta Aircraft Certification Office.
(d) All persons affected by this directive may obtain copies of
the document referred to herein upon request to The New Piper
Aircraft, Inc., Attn: Customer Service, 2926 Piper Dr., Vero Beach,
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.
Issued in Kansas City, Missouri, on April 29, 1997.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 97-11778 Filed 5-6-97; 8:45 am]
BILLING CODE 4910-13-U
