[Federal Register Volume 60, Number 198 (Friday, October 13, 1995)]
[Proposed Rules]
[Pages 53314-53316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25438]



-----------------------------------------------------------------------


DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 95-CE-37-AD]


Airworthiness Directives; The New Piper Aircraft, Inc. (Formerly 
Piper Aircraft Corporation) PA28, PA32, PA34, and PA44 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: This document proposes to adopt a new airworthiness directive 
(AD) that would apply to certain New Piper Aircraft, Inc. (Piper) PA28, 
PA32, PA34, and PA44 series airplanes. The proposed action would 
require inspecting and modifying the flap lever assembly. Reports of 
worn flap handle attach bolts and elongated holes in the flap lever to 
cable mounting attach point prompted this proposed AD action. The 
actions specified by the proposed AD are intended to prevent failure of 
the flap handle attach bolt and sudden retraction of the flaps, which, 
if not detected and corrected, could result in possible loss of control 
of the airplane.

DATES: Comments must be received on or before December 14, 1995.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Assistant Chief 
Counsel, Attention: Rules Docket No. 95-CE-37-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.
    Piper Service Bulletin (SB) No. 965, dated September 1, 1993, may 
be obtained from The New Piper Aircraft, Inc., Attn: Customer Service, 
2629 Piper Dr., 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. 95-CE-37-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. 95-CE-37-AD, Room 1558, 601 E. 12th Street, 
Kansas City, Missouri 64106.

Discussion

    The FAA has received reports of worn flap handle attach bolts and 
elongated holes in the flap lever to cable mounting attach points on 
certain Piper PA28, PA32, PA34, and PA44 series airplanes. This 
condition, if left uncorrected, could result in the inability to lower 
the flaps or, if the retaining bolt breaks or comes free while the 
flaps are in a down position, a sudden retraction of the flaps creating 
a reduction in lift and possible loss of control of the airplane.
    Piper has issued SB No. 965, dated September 1, 1993, which 
specifies procedures for: (1) Measuring and enlarging the cable 
mounting attach hole diameter, (2) installing a new bushing (Piper Part 
Number (P/N) 63900-174), (3) replacing the flap lever handle attach 
bolt with a new clevis bolt (Piper P/N 400 673), and (4) inspecting the 
washer (P/N 407-584), nut (P/N 404-392), and cotter pin (P/N 424-051) 
for damage, and replacing as applicable.
    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 
flap handle attach bolt and sudden 

[[Page 53315]]
retraction of the flaps, 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 PA28, PA32, PA34, and PA44 series 
airplanes of the same type design, the proposed AD would require (1) 
measuring and enlarging the cable mounting attach point hole diameter 
to .316 of an inch and if the measurement is larger than .316 of an 
inch, replacing the flap lever; (2) installing a new bushing (Piper P/N 
63900-174) for increased durability of the joint; (3) replacing the 
flap lever handle attach bolt with a new clevis bolt (Piper P/N 400 
673), and (4) inspecting the washer (P/N 407-584), nut (P/N 404-392), 
and cotter pin (P/N 424-051) for damage, and replacing as applicable.
    The FAA estimates that 30,000 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 $16 per airplane. Based on these figures, the total cost 
impact of the proposed AD on U.S. operators is estimated to be 
$4,080,000. This figure is based on the assumption that all of the 
affected airplanes have worn bolts and elongated holes and that none of 
the owners/operators of the affected airplanes have replaced the worn 
parts.
    Piper has informed the FAA that parts have been distributed to 
equip approximately 8,000 airplanes. Assuming that these distributed 
parts are incorporated on the affected airplanes, the cost of the 
proposed AD would be reduced by $1,088,000 from $4,080,000 to 
$2,992,000.
    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), 40101, 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. (formerly Piper Aircraft Corporation); 
Docket No. 95-CE-37-AD.
    Applicability: The following airplane models and serial numbers, 
certificated in any category:

------------------------------------------------------------------------
               Models                             Serial No.            
------------------------------------------------------------------------
PA-28-140...........................  28-20000 through 28-26946 and 28- 
                                       7125001 through 28-7725290.      
PA-28-150, PA-28-160, and PA-28-180.  28-1 through 28-5859, 28-7105001  
                                       through 28-7505259, 28-E13, and  
                                       28-03.                           
PA-28-151...........................  28-7415001 through 28-7715314.    
PA-28-161...........................  28-7716001 through 28-8616057 and 
                                       2816001 through 2816102.         
PA-28-161...........................  2841001 through 2841346.          
PA-28-181...........................  28-7690001 through 28-8690062 and 
                                       2890001 through 2890169.         
PA-28-235...........................  28-10001 through 28-11378, 28-    
                                       7110001 through 28-7710828-77,   
                                       and 28-E11.                      
PA-28-236...........................  28-7911001 through 28-8611008 and 
                                       2811001 through 2811034.         
PA-28-201T..........................  28-7921001 through 28-7921095.    
PA-28R-180..........................  28R-30001 through 28R-31270 and   
                                       28R-7130001 through 28R-7130013. 
PA-28R-200..........................  28R-35001 through 28R-35820 and   
                                       28R-7135001 through 28R-7635462. 
PA-28R-201..........................  28R-7737001 through 28R-7837319   
                                       and 2837001 through 2837059.     
PA-28R-201T.........................  28R-7703001 through 28R-7803374   
                                       and 2803001 through 2803012.     
PA-28RT-201.........................  28R-7918001 through 28R-8218026.  
PA-28RT-201T........................  28R-7931001 through 28R-8631005   
                                       and 2831001 through 2831038.     
PA-32-260...........................  32-1 through 32-1297 and 32-      
                                       7100001 through 32-7800008.      
PA-32-300...........................  32-40000 through 32-40974 and 32- 
                                       7140001 through 32-7940290.      
PA-32-301...........................  32-8006001 through 32-8406020.    
PA-32-301T..........................  32-8024001 through 32-8424002.    
PA-32R-300..........................  32R-7680001 through 32R-7880068.  
PA-32RT-300.........................  32R-7885001 through 32R-7985105.  
PA-32RT-300T........................  32R-7887001 through 32R-7987126.  
PA-32R-301..........................  32R-8013001 through 32R-8413024.  
PA-32R-301T.........................  32R-8029001 through 32R-8429028.  
PA-34-200...........................  34-7250001 through 34-7450220.    
PA-34-200T..........................  34-7570001 through 34-8170092.    
PA-34-220T..........................  34-8133001 through 34-8233088.    
PA-44-180...........................  44-7995001 through 44-8195026 and 
                                       4495001 through 4495013.         
PA-44-180T..........................  44-8107001 through 44-8107066.    
------------------------------------------------------------------------

    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 use the authority 
provided in paragraph (f) of this AD to request approval from the 
FAA. This approval may address either no action, if the current 
configuration eliminates the unsafe condition, or different actions 
necessary to address the unsafe condition described in this AD. Such 
a request should include an assessment of the effect of the changed 
configuration on the unsafe condition addressed by this AD. In no 
case does the presence of any modification, alteration, or repair 
remove any airplane from the applicability of this AD.

    Compliance: Required upon the accumulation of 2,000 hours time-
in-service (TIS) or within the next 100 hours TIS after the 
effective date of this AD, whichever occurs later, unless already 
accomplished.

    Note 2: The compliance time specified in this AD takes 
precedence over the compliance time specified in the Piper Service 
Bulletin (SB) 965, dated September 1, 1993.
    Note 3: The instructions in the proposed AD do not mirror the 
service bulletin and the 

[[Page 53316]]
AD instructions take precedence over the service bulletin instructions. 
The proposed AD will require installing the clevis bolt, regardless 
of the condition of the current part.

    To prevent failure of the flap handle attach bolt and sudden 
retraction of the flaps, which, if not detected and corrected, could 
result in loss of control of the airplane, accomplish the following:
    (a) Measure the cable mounting attach hole diameter and enlarge 
the hole to .316 of an inch diameter. If the diameter of the cable 
mount attach hole is larger than .316 of an inch, prior to further 
flight, replace the flap lever handle (refer to the applicable 
illustrated parts catalog for part number), in accordance with Piper 
SB No. 965, dated September 1, 1993.
    (b) Install a new bushing (Piper Part Number (P/N) 63900-174) 
into the cable mounting attach hole, in accordance with Piper SB No. 
965, dated September 1, 1993.
    (c) Replace the flap lever handle attach bolt with a new clevis 
bolt (Piper P/N 400 673) in accordance with Piper SB No. 965, dated 
September 1, 1993.
    (d) Inspect, and if damaged, prior to further flight, replace 
the washer (P/N 407-584), nut (P/N 404-392), and cotter pin (P/N 
424-051) as applicable in accordance with Piper SB No. 965, dated 
September 1, 1993.
    (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 
compliance time that provides an equivalent level of safety may be 
approved by the Manager, FAA, Atlanta Aircraft Certification Office, 
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 Aircraft Certification Office.

    Note 4: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Atlanta Aircraft Certification Office.

    (g) 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, 2629 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 October 6, 1995.
Henry A. Armstrong,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 95-25438 Filed 10-12-95; 8:45 am]
BILLING CODE 4910-13-U