[Federal Register Volume 63, Number 227 (Wednesday, November 25, 1998)]
[Proposed Rules]
[Pages 65147-65149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31436]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-CE-32-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-350 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 certain The New Piper Aircraft, Inc. (Piper) 
Models PA-31, PA-31-300, PA-31-325, PA-31-350, and PA-31P-350 
airplanes. The proposed AD would require installing access holes for 
the inspection of the elevator spar; inspecting the elevator ice 
protection boots for looseness and reinstalling or replacing the 
elevator ice protection boots if looseness is found. The proposed AD 
also requires repetitively inspecting the elevator spars for cracks, 
and replacing the elevators or elevator spar assemblies with parts of 
improved design either at a certain time period or when cracks are 
found, whichever occurs first. The proposed AD is the result of reports 
of cracks developing in the elevator spar inboard of the outboard hinge 
location on the affected airplanes. The actions specified by the 
proposed AD are intended to prevent failure of the elevator spar caused 
by fatigue cracking, which could result in reduced airplane 
controllability.

DATES: Comments must be received on or before January 27, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 97-CE-32-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: William Herderich, Aerospace Engineer, 
FAA, Atlanta Certification Office, One Crown Center, 1895 Phoenix 
Boulevard, suite 450, Atlanta, Georgia 30349; telephone: (770) 703-
6084; facsimile: (770) 703-6097.

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. 97-CE-32-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 Regional Counsel, Attention: 
Rules Docket No. 97-CE-32-AD, Room 1558, 601 E. 12th Street, Kansas 
City, Missouri 64106.

Discussion

    The FAA has received several reports of cracks in the elevator spar 
inboard of the outboard hinge attachment location on Piper Models PA-
31, PA-31-300, PA-31-325, PA-31-350, and PA-31P-350 airplanes. 
Initiation of these cracks is at the end rivets in the reinforcement 
doubler on the aft surface of the spar. These cracks are occurring at 
the end row of rivets that attach the spar and reinforcement doubler. 
The FAA has also received reports of cracks at the outboard end of the 
spar.
    Poorly installed or maintained ice protection boots on the affected 
airplanes may aggravate the occurrence and growth of these cracks. If 
these ice protection boots become loose, they may set up a vibration 
and promote fatigue cracking of the elevator spar.
    These conditions, if not corrected in a timely manner, could result 
in failure of the elevator spar with reduced airplane controllability.

Relevant Service Information

    Piper has issued Service Bulletin No. 998A, dated August 4, 1997, 
which specifies procedures for installing access holes for the 
inspection of the elevator spar; inspecting the elevator ice protection 
boots for looseness and reinstalling or replacing the elevator ice 
protection boots if looseness is found; and repetitively inspecting the 
elevator spars for cracks.

The FAA's Determination

    After examining the circumstances and reviewing all available 
information related to the incidents described above,

[[Page 65148]]

including the referenced service information, the FAA has determined 
that AD action should be taken to prevent failure of the elevator spar 
caused by fatigue cracking, which could result in reduced airplane 
controllability.

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 Models PA-31, PA-31-300, PA-31-325, PA-
31-350, and PA-31P-350 airplanes of the same type design, the FAA is 
proposing AD action. The proposed AD would require installing access 
holes for the inspection of the elevator spar; inspecting the elevator 
ice protection boots for looseness and reinstalling or replacing the 
elevator ice protection boots if looseness is found. The proposed AD 
also requires repetitively inspecting the elevator spars for cracks, 
and replacing the elevators or elevator spar assemblies with parts of 
improved design either at a certain time period or when cracks are 
found, whichever occurs first.
    Accomplishment of the proposed inspection access holes 
installation, inspections, and elevator ice protection boots 
reinstallation or replacement is required in accordance with Piper 
Service Bulletin No. 998A, dated August 4, 1997.
    Accomplishment of the installation of the improved design elevators 
or elevator spar assemblies is required in accordance with the 
maintenance manual.

The FAA's Aging Commuter Aircraft Policy

    The actions proposed in this NPRM are consistent with the FAA's 
aging commuter aircraft policy, which briefly states that, when a 
modification exists that could eliminate or reduce the number of 
required critical inspections, the modification should be incorporated. 
This policy is based on the FAA's determination that reliance on 
critical repetitive inspections on airplanes utilized in commuter 
service carries an unnecessary safety risk when a design change exists 
that could eliminate or, in certain instances, reduce the number of 
those critical inspections. In determining what inspections are 
critical, the FAA considers (1) the safety consequences of the airplane 
if the known problem is not detected by the inspection; (2) the 
reliability of the inspection such as the probability of not detecting 
the known problem; (3) whether the inspection area is difficult to 
access; and (4) the possibility of damage to an adjacent structure as a 
result of the problem.
    The alternative to replacing the elevators or elevator spar 
assemblies with ones of improved design would be to repetitively 
inspect this area for the life of the airplane.

Cost Impact

    The FAA estimates that 1,739 airplanes in the U.S. registry would 
be affected by the proposed AD.
    The proposed inspection holes installation and inspections would 
take approximately 2 workhours per airplane to accomplish with an 
average labor rate of approximately $60 an hour. Parts cost 
approximately $26 per airplane. Based on these figures, the total cost 
impact of the proposed inspection access holes installation and 
inspections on U.S. operators is estimated to be $253,894, or $146 per 
airplane.
    The proposed elevator spar assembly replacements would take 
approximately 36 workhours per airplane to accomplish with an average 
labor rate of approximately $60 an hour. Parts cost approximately $600 
per airplane ($300 per elevator spar assembly with 2 elevator spar 
assemblies per airplane). Based on these figures, the total cost impact 
of the proposed elevator spar assembly replacement on U.S. operators is 
estimated to be $4,799,640, or $2,760 per airplane.
    According to Piper, numerous airplanes already have complied with 
the proposed initial inspection requirements of this NPRM, specifically 
most of the Model PA-31-350 airplanes since many of these are used in 
commuter service.

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. 97-CE-32-AD.

    Applicability: The following airplane model and serial numbers, 
certificated in any category, that are not equipped with the 
applicable improved design elevators or elevator spar assemblies 
specified in the ``Replacement Elevator P/N'' and ``Replace Spar P/
N'' columns of the ``Material Required Table'' on page 4 of Piper 
Service Bulletin No. 998A, dated August 4, 1997:

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                    Models                                               Serial numbers
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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-350....................................  31P-8414001 through 31P-8414050.
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[[Page 65149]]

    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 spar caused by fatigue 
cracking, which could result in reduced airplane controllability, 
accomplish the following:
    (a) Upon accumulating 2,500 hours time-in-service (TIS) on each 
elevator spar assembly or within the next 100 hours TIS after the 
effective date of this AD, whichever occurs later, accomplish the 
following in accordance with the INSTRUCTIONS section of Piper 
Service Bulletin No. 998A, dated August 4, 1997:
    (1) Install access holes for the inspection of the elevator 
spar;
    (2) Inspect the elevator spars for cracks; and
    (3) Inspect the elevator ice protection boots for looseness.
    (b) If the elevator ice protection boots are found loose during 
the inspection required by paragraph (a)(3) of this AD, prior to 
further flight, reinstall or replace the elevator ice protection 
boots in accordance with the INSTRUCTIONS section of Piper Service 
Bulletin No. 998A, dated August 4, 1997.
    (c) If no cracks are found in the elevator spars during the 
inspection required by paragraph (a)(2) of this AD, reinspect the 
elevator spars for cracks at intervals not to exceed 100 hours TIS, 
provided no cracks are found (if cracks are found, refer to 
paragraphs (d) and (d)(1) of this AD).
    (d) At whichever of the compliance times presented in paragraphs 
(d)(1) and (d)(2) of this AD that occurs first, replace each 
elevator or elevator spar assembly with a part of improved design as 
specified in the ``Replacement Elevator P/N'' and ``Replace Spar P/
N'' columns of the ``Material Required Table'' on page 4 of Piper 
Service Bulletin No. 998A, dated August 4, 1997. Accomplish these 
replacements in accordance with the applicable maintenance manual.
    (1) Prior to further flight on any elevator spar assembly where 
any cracks are found during the initial inspection required by 
paragraph (a)(2) of this AD or any repetitive inspection required by 
paragraph (c) of this AD; or
    (2) Within 1,000 hours TIS after the initial inspection required 
by paragraph (a)(2) of this AD.
    (e) Replacing both the left and right elevators or elevator spar 
assemblies with parts of improved design as specified in the 
``Replacement Elevator P/N'' and ``Replace Spar P/N'' columns of the 
``Material Required Table'' on page 4 of Piper Service Bulletin No. 
998A, dated August 4, 1997, is considered terminating action for the 
repetitive inspection requirement of this AD.
    (1) This action may be accomplished at any time to terminate the 
repetitive inspections, but must be accomplished prior to further 
flight on any elevator spar found cracked or within 1,000 hours TIS 
after the initial inspection, whichever occurs first.
    (2) If one elevator spar assembly is replaced prior to further 
flight when a crack is found, the other elevator spar assembly must 
still be repetitively inspected every 100 hours TIS until 
replacement at 1,000 hours TIS after the initial inspection or when 
cracks are found, whichever occurs later.
    (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 
initial or repetitive compliance times 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. The request shall be 
forwarded through an appropriate FAA Maintenance Inspector, who may 
add comments and then send it to the Manager, Atlanta ACO.

    Note 2: 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 document 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 
Regional Counsel, Room 1558, 601 E. 12th Street, Kansas City, 
Missouri 64106.

    Issued in Kansas City, Missouri, on November 17, 1998.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 98-31436 Filed 11-24-98; 8:45 am]
BILLING CODE 4910-13-U