[Federal Register Volume 61, Number 87 (Friday, May 3, 1996)]
[Proposed Rules]
[Pages 19867-19869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11027]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 95-CE-56-AD]
RIN 2120-AA64


Airworthiness Directives; The New Piper Aircraft, Inc. (Formerly 
Piper Aircraft Corporation) PA23, PA31, PA31P, PA31T, and PA42 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes to supersede AD 86-17-07, which 
currently requires replacing all hydraulic hoses with hydraulic hoses 
of an improved design on certain The New Piper Aircraft, Inc. (Piper) 
PA23, PA31, PA31P, PA31T, and PA42 series airplanes. The proposed 
action would require inspecting for improperly manufactured hydraulic 
hoses replaced during a specific time frame and replacing all affected 
hydraulic hoses. An incorrect designation of a Piper Model PA31-310 and 
a Piper Model PA23-150 airplane prompted the proposed AD action. The 
action specified by the proposed AD is intended to prevent hydraulic 
hose failure which could cause loss of hydraulic capabilities resulting 
in a gear-up landing and possible loss of the airplane.

DATES: Comments must be received on or before July 8, 1996.

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-56-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: 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-56-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-56-AD, Room 1558, 601 E. 12th Street, 
Kansas City, Missouri 64106.

Discussion

    It has been brought to the attention of the FAA that AD 86-17-07, 
which is applicable to Piper PA31 and PA23 series airplanes, should not 
have listed a Piper Model PA31-310 and a Piper Model PA23-150 airplane, 
respectively. The Piper Model PA31-310 airplane is not a recognized 
model on the Type Certificate Data Sheet No. A20SO and the airplane's 
data plate will specify a Model PA31 not a Model PA31-310. Similarly, 
the Piper Model PA23-150 airplane is not a recognized model on the 
Aircraft Specification No. 1A10 and the airplane's data plate will 
specify a Model PA23, not a Model PA23-150. The concern was raised that 
some owners/operators of PA31 and PA23 series airplanes may not have 
complied with AD 86-17-07, since the AD currently specifies the 
airplanes as Piper Models PA31-310 or PA23-150, even though their 
serial number falls within the serial number range in the current AD. 
For this reason, the FAA is proposing to supersede the current AD to 
change the model designation from Piper Models PA31-310 and PA23-150 
airplanes to Piper Models PA31 and PA23 airplanes, respectively.
    Piper has issued service bulletin (SB), No. 822, dated April 2, 
1986, which specifies procedures for inspecting for improperly 
manufactured hydraulic hoses, part number (P/N) 17766-02 or 465-138, 
and if found installed, installing hydraulic hoses (P/N 17766-02) to 
replace the improperly manufactured hydraulic hoses currently in place 
on the airplane.
    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 ensure that the correct 
hydraulic hoses are installed and if not installed, replacing the 
hydraulic hoses with the correct hoses to avoid a loss of hydraulic 
capabilities resulting in a gear-up landing and possible loss of the 
airplane.

[[Page 19868]]

    Since an unsafe condition has been identified that is likely to 
exist or develop in other Piper PA23, PA31, PA31P, PA31T, and PA42 
series airplanes of the same type design, the proposed AD would 
supersede AD 86-17-07 with a new AD that would retain the same 
requirements as AD 87-17-07 and change the model designation in the 
Applicability section from Piper Model PA31-310 and PA23-150 airplanes 
to Piper Model PA31 and PA23 airplanes, respectively.
    The FAA estimates that 10,737 airplanes in the U.S. registry would 
be affected by the proposed AD, that it would take approximately 1 hour 
per airplane to accomplish the proposed inspection, and that the 
average labor rate is approximately $60 an hour. The FAA is only using 
the inspection criteria (1 workhour) since there is no way to determine 
the number of these Piper airplanes already in compliance with AD 86-
17-07. Based on the figures above, the initial cost of the proposed AD 
upon U.S. operators of the affected airplanes is estimated to be 
$644,220. This figure only includes the cost for the initial inspection 
and does not include replacement costs of the hydraulic hoses. Parts 
cost approximately $53 per hydraulic hose. Piper installed on newly 
manufactured aircraft and distributed approximately 93 defective hoses, 
which could affect 93 airplanes. The FAA has no way of determining 
which Piper airplanes may have these improperly manufactured hydraulic 
hoses installed. Labor costs for the installation of one hose is 
estimated to be 2 hours at approximately $60 per hour. Based on these 
figures, the total cost impact of the proposed AD on U.S. operators is 
estimated to be $660,309. The only difference between the proposed AD 
and AD 87-17-07 is the change in model designation from PA31-310 and 
PA23-150 airplanes to PA31 and PA23 airplanes, respectively. With this 
in mind, the proposed action would not provide any additional cost 
impact upon U.S. operators over that already required by AD 87-17-07.
    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 (AD) 
86-17-07, Amendment 39-5400, and by adding a new AD to read as follows:

The New Piper Aircraft, Inc.: Docket No. 95-CE-56-AD; Supersedes AD 
86-17-07, Amendment 39-5400.

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

------------------------------------------------------------------------
            Models                           Serial numbers             
------------------------------------------------------------------------
PA23 and PA23-160............  23-1 through 23-2046.                    
PA23-235.....................  27-505 through 27-622.                   
PA23-250.....................  27-1 through 27-8154030.                 
PA31, PA31-300, and PA31-325.  31-2 through 31-8312019.                 
PA31-350.....................  31-5001 through 31-8553002.              
PA31P........................  31P-1 through 31P-7730012.               
PA31P-350....................  31P-8414001 through 31P-8414050.         
PA31T........................  31T-7400002 through 31T-8120104.         
PA31T1.......................  31T-7804001 through 31T-8304003, and 31T-
                                1104004 through 31T-1104017.            
PA31T2.......................  31T-8166001 through 31T-8166076 and, 31T-
                                1166001 through 31T-1166008.            
PA31T3.......................  31T-8275001 through 31T-8475001 and, 31T-
                                5575001.                                
PA42.........................  42-7800001, 42-7800002, 42-7801003, 42-  
                                7801004, 42-8001001 through 42-8001106, 
                                42-8301001, 42-8301002, 42-5501003      
                                through 42-5501023, and 42-5501025.     
------------------------------------------------------------------------

    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 25 hours time-in-service (TIS) after 
September 2, 1986 (the effective date of AD 86-17-07) or within 10 
hours TIS after the effective date of this AD, whichever occurs 
later, unless already accomplished.
    To prevent hydraulic hose failure which could cause loss of 
hydraulic capabilities resulting in a gear-up landing and possible 
loss of the airplane, accomplish the following:
    (a) Inspect and replace all hydraulic hoses identified as Piper 
part number (P/N) 17766-02 or 465-138 and having a smooth rubber 
surface and a blue colored end nut, with hoses of the same part 
number having a woven outer covering and black colored end nut, in 
accordance with the INSTRUCTIONS section of Piper Service Bulletin 
(SB) No. 822, dated April 2, 1986.

    Note 2: These hoses were available for installation starting 
February 1, 1985, and may have been installed in newly manufactured 
airplanes or as spares at any subsequent time.

    (b) Special flight permits may be issued in accordance with 14 
CFR 21.197 and 21.199 to operate the airplane to a location where

[[Page 19869]]

the requirements of this AD can be accomplished.
    (c) An alternative method of compliance or adjustment of the 
initial 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 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Atlanta Aircraft Certification Office.

    (d) Alternative methods of compliance approved in accordance 
with AD 87-17-07 (superseded by this action) are considered approved 
as alternative methods of compliance with this AD.
    (e) All persons affected by this directive may obtain a copy 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.
    (f) This amendment supersedes AD 86-17-07, Amendment 39-5400.

    Issued in Kansas City, Missouri, on April 26, 1996.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 96-11027 Filed 5-2-96; 8:45 am]
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