[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