[Federal Register Volume 62, Number 142 (Thursday, July 24, 1997)]
[Proposed Rules]
[Pages 39784-39787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19437]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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  Federal Register / Vol. 62, No. 142 / Thursday, July 24, 1997 / 
Proposed Rules  

[[Page 39784]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 90-CE-65-AD]
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: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes to supersede 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. The proposed AD would retain 
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; would 
require these repetitive inspection and replacement requirements on 
other Piper PA-31 and PA-31P series airplanes not affected by AD 79-01-
04; and would require replacing the elevator bungee link with a link of 
improved design on all airplanes except for the Piper Model PA-31P 
airplanes, and repetitively replacing the elevator bungee spring on all 
airplanes. The proposed 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 the 
proposed 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: Comments must be received on or before September 22, 1997.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Assistant Chief 
Counsel, Attention: Rules Docket No. 90-CE-65-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., Customer Services, 2926 Piper Drive, 
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. 90-CE-65-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. 90-CE-65-AD, Room 1558, 601 E. 12th Street, 
Kansas City, Missouri 64106.

Discussion

    AD 79-01-04, Amendment 39-3381, currently requires repetitively 
inspecting the elevator bungee spring, Piper part number (P/N) 42377-
02, 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. AD 79-01-04 also provides the option of 
installing an improved design elevator bungee spring, Piper P/N 71056-
02, as terminating action for the repetitive inspection requirement of 
that AD.

Actions Since Issuance of Previous AD

    The FAA has received six reports of elevator bungee spring failure 
on airplanes incorporating elevator bungee spring, Piper P/N 42377-02, 
that are not affected by AD 79-01-04. In addition, the FAA has received 
reports of cracking in the Piper P/N 71056-02 elevator bungee spring on 
Piper Model PA-31-350 airplanes that had this part installed as 
terminating action for the repetitive inspection requirement of AD 79-
01-04, as well as other Piper airplane models that had the improved 
design elevator spring installed at manufacture. This includes certain 
Piper Models PA-31, PA-31-300, PA-31-325, PA-31-350, and PA-31P 
airplanes. These cracks are occurring when the affected airplanes incur 
over 1,000 hours time-in-service (TIS) on the elevator bungee spring.
    Analysis performed by Piper and the FAA reveals that repetitive 
inspections should not be required on the Piper P/N 71056-02 elevator 
bungee springs provided they are repetitively replaced

[[Page 39785]]

at intervals not to exceed 1,000 hours TIS. The FAA's policy is to not 
rely on repetitive inspections to detect cracks when an improved design 
part is available.
    In addition, Piper has developed P/N 71056-03 elevator bungee 
springs that are of almost identical design to the P/N 71056-02 
elevator bungee springs.

Relevant Service Information

    Piper has revised Service Bulletin No. 626B to the 626C level to 
include procedures for inspecting elevator bungee springs on Piper PA-
31 series airplanes.
    In addition, Piper issued Service Bulletin No. 1002, dated June 5, 
1997, which includes procedures for replacing the elevator bungee 
springs on Piper Model PA-31P airplanes.

The FAA's Determination

    After examining the circumstances and reviewing all available 
information related to the incidents described above, the FAA has 
determined that (1) repetitive inspections should not be relied on to 
detect cracks on the Piper P/N 42377-02 elevator bungee springs because 
improved Piper P/N 71056-02 and P/N 71056-03 elevator bungee springs 
exist; and (2) AD action should be taken 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.

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 PA-31 and PA-31 series airplanes of the 
same type design, the FAA is proposing an AD 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 
other Piper PA-31 and PA-31P series airplanes 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 Piper PA-31 series 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 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 PA-31 series 
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 affected airplanes could have elevator bungee springs and links 
installed that have Parts Manufacturer Approval (PMA). For those 
airplanes having PMA parts that are equivalent (PMA by equivalency) to 
those referenced in the proposed AD, the phrase ``or FAA-approved 
equivalent part number'' means that the proposed actions, if followed 
by a final rule, would also apply to airplanes with PMA by equivalency 
elevator bungee springs and links installed.

Differences Between the Proposed 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 Model PA-31P airplanes. The proposed AD would only require a 
one-time replacement of the elevator bungee link on these airplanes, 
and would 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 would 
be affected by the proposed AD, that it would take approximately 1 
workhour per airplane to accomplish the proposed 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 the proposed AD on U.S. operators is estimated to be 
$159,000.
    The above figures only take into account the cost of the initial 
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 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 
would still have the old design elevator bungee spring still installed 
and would be subject to the proposed repetitive inspections. The FAA 
believes that most Piper PA-31 and PA-31P series airplane owners/
operators have already exceeded 1,000 hours TIS and would replace the 
elevator bungee spring within 100 hours TIS of the effective date of 
the AD (if eventually adopted as a final rule) instead of repetitively 
inspecting the older design elevator bungee spring.

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

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``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) 79-01-04, Amendment 39-3381, and by adding a new AD to read as 
follows:

The New Piper Aircraft, Inc.: Docket No. 90-CE-65-AD; Supersedes 79-
01-04, Amendment 39-3381.

    Applicability: The following airplane model and serial numbers, 
certificated in any category:

------------------------------------------------------------------------
                 Models                           Serial numbers        
------------------------------------------------------------------------
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.                   
------------------------------------------------------------------------

    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:

    Note 2: The airplanes affected by this AD could have elevator 
bungee springs and links installed that have Parts Manufacturer 
Approval (PMA). For those airplanes having PMA parts that are 
equivalent (PMA by equivalency) to those referenced in the proposed 
AD, the phrase ``or FAA-approved equivalent part number'' means that 
this AD applies to airplanes with PMA by equivalency elevator bungee 
springs and links installed.

    (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 3: 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 4: 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, 
1056-02, or 71056-03 (or FAA-approved equivalent part number) 
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 to 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.
    (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 5: 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

[[Page 39787]]

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.

    (f) Special flight permits may be issued in accordance with 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), Campus Building, 1701 Columbia Avenue, suite 2-160, College 
Park, Georgia 30337-2748.
    (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 6: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Atlanta ACO.

    (h) All persons affected by this directive may obtain copies of 
the documents referred to herein upon request to The New Piper 
Aircraft, Inc., 2926 Piper Drive, 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.
    (i) This amendment supersedes AD 79-01-04, Amendment 39-3381.

    Issued in Kansas City, Missouri, on July 17, 1997.
Carolanne L. Cabrini,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 97-19437 Filed 7-23-97; 8:45 am]
BILLING CODE 4910-13-P