[Federal Register Volume 63, Number 72 (Wednesday, April 15, 1998)]
[Rules and Regulations]
[Pages 18308-18311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9750]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 90-CE-65-AD; Amendment 39-10467; AD 98-08-18]
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: Final rule.

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SUMMARY: This amendment supersedes 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. This AD retains 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, and requires 
these repetitive inspection and replacement requirements on certain 
other Piper PA-31 and PA-31P series airplanes not affected by AD 79-01-
04. This AD also requires replacing the elevator bungee link with a 
link of improved design on all affected airplanes except for the Piper 
Model PA-31P airplanes, and repetitively replacing the elevator bungee 
spring on all affected airplanes. This 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 this 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: Effective May 26, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of May 26, 1998.

ADDRESSES: Service information that applies to this AD may be obtained 
from The New Piper Aircraft, Inc., Customer Services, 2926 Piper Drive, 
Vero Beach, Florida 32960. This information may also be examined at the 
Federal Aviation Administration (FAA), Central Region, Office of the 
Regional Counsel, Attention: Rules Docket 90-CE-65-AD, Room 1558, 601 
E. 12th Street, Kansas City, Missouri 64106; or at the Office of the 
Federal Register, 800 North Capitol Street, NW, suite 700, Washington, 
DC.

FOR FURTHER INFORMATION CONTACT: William Herderich, Aerospace Engineer, 
Atlanta Certification Office, FAA, One Crown Center, 1895 Phoenix 
Boulevard, suite 450, Atlanta, Georgia 30349; telephone: (770) 703-
6084; facsimile: (770) 703-6097.

SUPPLEMENTARY INFORMATION:

[[Page 18309]]

Events Leading to the AD

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to include an AD that would apply to certain Piper Models 
PA-31, PA-31-300, PA-31-325, PA-31-350, and PA-31P airplanes was 
published in the Federal Register as a notice of proposed rulemaking 
(NPRM) on July 23, 1997 (62 FR 39490). The NPRM proposed 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 certain Piper Models PA-31, PA-31-300, PA-31-325, and 
PA-31P airplanes that are 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 affected 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 Service Bulletin (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 the affected 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 NPRM resulted 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.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the two comments received from one commenter. No comments were received 
on the FAA's estimate of the cost impact on the public.

Comment No. 1: The Applicability of the Proposed AD

    The commenter states that the applicability statement of the NPRM 
is unclear. The commenter explains that the NPRM references Models PA-
31, PA-31-300, PA-31-325, PA-31-350, and PA-31P airplanes. No reference 
is made to Models PA-31P-350, PA-31T, PA-31T1, PA-31T2, and PA-31T3 
airplanes. The commenter feels that the FAA should state whether these 
airplanes are exempt from the AD.
    The FAA concurs that the NPRM references Models PA-31, PA-31-300, 
PA-31-325, PA-31-350, and PA-31P airplanes, and that no reference is 
made to Models PA-31P-350, PA-31T, PA-31T1, PA-31T2, and PA-31T3 
airplanes. This was the FAA's intent. The FAA does not concur that a 
statement should be included in the AD to clarify that certain 
airplanes are excluded. On the contrary, past experience has shown that 
including such a statement in the AD causes confusion as to what 
airplanes are affected by the AD. If a particular airplane is not 
referenced in the Applicability section of the AD, then that airplane 
is not affected by the AD. No changes to the final rule have been made 
as a result of this comment.

Comment No. 2: The Use of the Term ``Series''

    The commenter states that the FAA should not use the term 
``series'' when referring to aircraft since it has no precise 
definition. The commenter explains that the AD may not be enforceable 
if the Models are not listed, and this NPRM may fall within this 
category.
    The FAA does not concur with never using the term ``series''; 
however, the FAA does concur that in certain instances the term 
``series'' could be misleading. In the Applicability section of the AD, 
the model designations of all airplanes should be listed; the term 
series in this section puts the burden of interpreting which airplane 
models are affected on the owners/operators. The term ``series'' is 
acceptable when referring to a large number of airplane models in the 
narrative of the preamble of the AD. In this NPRM, the models are 
listed in the Applicability section so no changes to the NPRM are 
necessary. No changes to the final rule have been made as a result of 
this comment.

The FAA's Determination

    After careful review of all available information related to the 
subject presented above, the FAA has determined that air safety and the 
public interest require the adoption of the rule as proposed except for 
minor editorial corrections. The FAA has determined that these minor 
corrections will not change the meaning of the AD and will not add any 
additional burden upon the public than was already proposed.

Differences Between This 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 the Model PA-31P airplanes. This AD only requires a one-time 
replacement of the elevator bungee link on these airplanes, and does 
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 will be 
affected by this AD, that it will take approximately 1 workhour per 
airplane to accomplish the required 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 this AD 
on U.S. operators is estimated to be $159,000.
    The above figures only take into account the cost of the initial

[[Page 18310]]

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 affected 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 will have the old design elevator bungee spring 
still installed and will be subject to the required repetitive 
inspections. The FAA believes that most affected Piper PA-31 and PA-31P 
series airplanes have already exceeded 1,000 hours TIS and the owners/
operators will replace the elevator bungee spring within 100 hours TIS 
of the effective date of the AD instead of repetitively inspecting the 
older design elevator bungee spring.

Regulatory Impact

    The regulations adopted herein will 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 final 
rule does 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) 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 final evaluation prepared for this 
action is contained 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, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends 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 removing Airworthiness Directive 
(AD) 79-01-04, Amendment 39-3381, and by adding a new AD to read as 
follows:

98-08-18  The New Piper Aircraft, Inc. (formerly Piper Aircraft 
Corporation): Amendment 39-10467; Docket No. 90-CE-65-AD. Supersedes 
79-01-04, Amendment 39-3381.

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

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                  Models                             Serial Nos.        
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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:
    (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 2: 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 3: 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, 
71056-02, or 71056-03 (or FAA-approved equivalent part number for 
any of the above) 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 in 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.

[[Page 18311]]

    (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 4: 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 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 on any of the affected airplanes.

    (f) 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.
    (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), One Crown Center, 1895 Phoenix Boulevard, suite 450, Atlanta, 
Georgia 30349.
    (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 5: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Atlanta ACO.

    (h) The inspection required by this AD shall be done in 
accordance with Piper Service Bulletin No. 626C, dated February 28, 
1997. The replacement required by this AD (for Model PA-31P 
airplanes) shall be done in accordance with Piper Service Bulletin 
No. 1002, dated June 5, 1997. This incorporation by reference was 
approved by the Director of the Federal Register in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from The 
New Piper Aircraft, Inc., 2926 Piper Drive, Vero Beach, Florida 
32960. Copies may be inspected at the FAA, Central Region, Office of 
the Regional Counsel, Room 1558, 601 E. 12th Street, Kansas City, 
Missouri, or at the Office of the Federal Register , 800 North 
Capitol Street, NW, suite 700, Washington, DC.
    (i) This amendment supersedes AD 79-01-04, Amendment 39-3381.
    (j) This amendment becomes effective on May 26, 1998.

    Issued in Kansas City, Missouri, on April 6, 1998.
Marvin R. Nuss,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-9750 Filed 4-14-98; 8:45 am]
BILLING CODE 4910-13-U