[Federal Register Volume 64, Number 41 (Wednesday, March 3, 1999)]
[Rules and Regulations]
[Pages 10211-10213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5037]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-CE-110-AD; Amendment 39-11057; AD 99-05-09]
RIN 2120-AA64


Airworthiness Directives; The New Piper Aircraft, Inc. PA-23, PA-
24, PA-28, PA-32, and PA-34 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to certain The New Piper Aircraft, Inc. (Piper) PA-23, PA-24, 
PA-28, PA-32, and PA-34 series airplanes that incorporate certain Facet 
(manufactured by the Purolator Products Company) induction air filters. 
This AD requires replacing these induction air filters. This AD results 
from reports of cracking, splitting, crumbling, and deterioration 
(referred to as damage hereon) of Facet/Purolator induction air filters 
manufactured between a certain time period. The actions specified by 
this AD are intended to prevent pieces of a damaged induction air 
filter from being ingested into the engine, which could result in 
reduced or loss of engine power.

DATES: Effective March 19, 1999.
    Comments for inclusion in the Rules Docket must be received on or 
before April 28, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 98-CE-110-AD, Room 1558, 601 E. 12th 
Street, Kansas City, Missouri 64106.
    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 No. 98-CE-110-AD, Room 1558, 
601 E. 12th Street, Kansas City, Missouri 64106.

FOR FURTHER INFORMATION CONTACT: Ms. Juanita Craft, Aerospace Engineer, 
FAA, Atlanta Aircraft Certification Office, One Crown Center, 1895 
Phoenix Boulevard, Suite 450, Atlanta, Georgia 30349; telephone: (770) 
703-6089; facsimile: (770) 703-6097; e-mail address: 
``Juanita.C[email protected]''.

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA has received reports of deterioration, cracking, splitting, 
and crumbling (referred hereon as damage) of certain Purolator/Facet 
induction air filters, Purolator part number (P/N) 638873, Model No. 
CA161PL, Piper P/N 460-632 (PS60007-2), that are installed on certain 
Piper PA-23, PA-24, PA-28, PA-32, and PA-34 series airplanes. Purolator 
utilized an incorrect curing time in the manufacturing process of the 
plastisol used in the induction air filters from January 1997 through 
September 1998. This incorrect curing time makes the induction air 
filters susceptible to the damage described above.
    This condition, if not corrected in a timely manner, could result 
in engine ingestion of pieces of a damaged induction air filter with 
possible reduced or loss of engine power.

Relevant Service Information

    Piper has issued Service Bulletin No. 1022, dated September 22, 
1998, which specifies procedures for inspecting to determine if one of 
the defective induction air filters is installed. This service bulletin 
also includes (referenced as ATTACHMENT ``A'') Purolator Service 
Bulletin No.: SB090298.01, dated September 16, 1998, which specifies 
removing, inspecting, and replacing any defective induction air filter.

The FAA's Determination

    After examining the circumstances and reviewing all available 
information related to the incidents described above, including the 
relevant service information, the FAA has determined that AD action 
should be taken to prevent pieces of a damaged induction air filter 
from being ingested into the engine, which could result in reduced or 
loss of engine power.

Explanation of the Provisions of the AD

    Since an unsafe condition has been identified that is likely to 
exist or develop in other Piper PA-23, PA-24, PA-28, PA-32, and PA-34 
series airplanes of the same type design, the FAA is issuing an AD. The 
FAA requires replacing any Purolator/Facet induction air filter, 
Purolator P/N 638873, Model No. CA161PL, Piper P/N 460-632 (PS60007-2), 
that:

--Was manufactured anytime from January 1997 through September 1998; 
and
--Is identified with a .250 (1/4)-inch high (white) ink stamp ``FACET-

[[Page 10212]]

638873'', and may include ``FAA-PMA''.

    Accomplishment of the replacement is required in accordance with 
the applicable maintenance manual, as specified in Piper Service 
Bulletin No. 1022, dated September 22, 1998, and Purolator Service 
Bulletin No.: SB090298.01, dated September 16, 1998.

Determination of the Effective Date of the AD

    Since a situation exists (possible reduced or loss of engine power) 
that requires the immediate adoption of this regulation, it is found 
that notice and opportunity for public prior comment hereon are 
impracticable, and that good cause exists for making this amendment 
effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting immediate flight safety and, thus, was not 
preceded by notice and opportunity to comment, comments are invited on 
this rule. Interested persons are invited to comment on this 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 will be considered, 
and this rule may be amended in light of the comments received. Factual 
information that supports the commenter's ideas and suggestions is 
extremely helpful in evaluating the effectiveness of the AD action and 
determining whether additional rulemaking action would be needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the 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 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 98-CE-110-AD.'' The postcard will be date stamped and 
returned to the commenter.

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.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and is not a significant regulatory action under 
Executive Order 12866. It has been determined further that this action 
involves an emergency regulation under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979). If it is determined that 
this emergency regulation otherwise would be significant under DOT 
Regulatory Policies and Procedures, a final regulatory evaluation will 
be prepared and placed in the Rules Docket (otherwise, an evaluation is 
not required). A copy of it, if filed, may be obtained from the Rules 
Docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, 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 adding a new airworthiness directive 
(AD) to read as follows:

99-05-09 The New Piper Aircraft, Inc.: Amendment 39-11057; Docket 
No. 98-CE-110-AD.

    Applicability: The following airplane model and serial numbers, 
certificated in any category, that are equipped with Purolator air 
filter part number (P/N) 638873, Model CA161PL, or Piper P/N 460-632 
(PS60007-2):

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                                    Models                                               Serial numbers
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PA-23-235....................................................................  27-505 through 27-622.
PA-23-250....................................................................  27-01 through 27-2504.
PA-24-180 and PA-24-250......................................................  24-103 through 24-3687.
PA-24-260....................................................................  24-3642, and 24-4000 through 24-
                                                                                5028.
PA-28-140....................................................................  28-20000 through 28-7725290.
PA-28-150, PA-28-160, and PA-28-180..........................................  28-1 through 28-7505259, and 28-
                                                                                E13.
PA-28-181....................................................................  28-7690001 through 28-8690062,
                                                                                and 2890001 through 2890205.
PA-28-181....................................................................  2890206 through 2890231, and
                                                                                2843001 through 2843167.
PA-28-235....................................................................  28-10001 through 28-7710089, and
                                                                                28-E11.
PA-28-201T...................................................................  28-7921001 through 28-7921095.
PA-28R-201T..................................................................  28R-7703001 through 28R-7803374.
PA-28R-201T..................................................................  2803001 through 2803012.
PA-28RT-201T.................................................................  28R-7931001 through 28R-8631005,
                                                                                and 2831001 through 2831038.
PA-32-260....................................................................  32-1 through 32-7800008.
PA-32-300....................................................................  32-7640001 through 32-7940290.
PA-32-301....................................................................  32-8006001 through 32-8606023,
                                                                                and 3206001 through 3206088.
PA-32R-300...................................................................  32R-7680001 through 32R-7880068.
PA-32RT-300..................................................................  32R-7885001 through 32R-7985105.
PA-32R-301...................................................................  32R-8013001 through 32R-8613006,
                                                                                and 3213001 through 3213041
PA-32R-301...................................................................  3213029, 3213042 through 3213103,
                                                                                and 3246001 through 3246117.
PA-34-200T...................................................................  34-7570001 through 34-8170092.
PA-34-220T...................................................................  34-8133001 through 34-8633031,
                                                                                and 3433001 through 3433225.
PA-34-220T...................................................................  3448001 through 3448035.
PA-34-220T...................................................................  3448038 through 3448079, and
                                                                                3447001 through 3447029.

[[Page 10213]]

 
PA-34-220T...................................................................  3449002 through 3449078.
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    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 (e) 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 pieces of a damaged induction air filter from being 
ingested into the engine, which could result in reduced or loss of 
engine power, accomplish the following:
    (a) Within the next 25 hours time-in-service (TIS) after the 
effective date of this AD, replace, with an FAA-approved induction 
air filter, any Purolator/Facet induction air filter, Purolator part 
number (P/N) 638873, Model No. CA161PL, Piper P/N 460-632 (PS60007-
2), that incorporates the criteria presented in both paragraphs 
(a)(1) and (a)(2) of this AD. Accomplish this replacement in 
accordance with the applicable maintenance manual.
    (1) Was manufactured anytime from January 1997 through September 
1998; and
    (2) Is identified with a .250 (1/4)-inch high (white) ink stamp 
``FACET-638873'', and may include ``FAA-PMA''.

    Note 2: This AD allows the aircraft owner or pilot to check the 
maintenance records to determine whether any Purolator/Facet 
induction air filter, Purolator P/N 638873, Model No. CA161PL, Piper 
P/N 460-632 (PS60007-2), has been installed between January 1997 and 
March 19, 1999 (the effective date of this AD). See paragraph (c) of 
this AD for authorization.
    Note 3: Piper Service Bulletin No. 1022, dated September 22, 
1998, and Purolator Service Bulletin No.: SB090298.01, dated 
September 16, 1998, provide information relating to the subject of 
this AD, including procedures on how to identify the affected 
induction air filters.

    (b) As of the effective date of this AD, no person shall 
install, on any affected airplane, any Purolator/Facet induction air 
filter, Purolator P/N 638873, Model No. CA161PL, Piper P/N 460-632 
(PS60007-2), that incorporates the criteria presented in both 
paragraphs (a)(1) and (a)(2) of this AD.
    (c) The owner/operator holding at least a private pilot's 
certificate as authorized by section 43.7 of the Federal Aviation 
Regulations (14 CFR 43.7) may check the maintenance records to 
determine whether any Purolator/Facet induction air filter, 
Purolator P/N 638873, Model No. CA161PL, Piper P/N 460-632 (PS60007-
2), has been installed between January 1997 and March 19, 1999 (the 
effective date of this AD). If one of these induction air filters is 
not installed, the AD does not apply and the owner/operator must 
make an entry into the aircraft records showing compliance with this 
AD in accordance with section 43.9 of the Federal Aviation 
Regulations (14 CFR 43.9).
    (d) 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.
    (e) 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. 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 4: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Atlanta ACO.

    (f) The service information that relates to the subject 
presented in this AD may be obtained from The New Piper Aircraft, 
Inc., 2926 Piper Drive, Vero Beach, Florida 32960. This information 
may be inspected at the FAA, Central Region, Office of the Regional 
Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri.
    (g) This amendment becomes effective on March 19, 1999.

    Issued in Kansas City, Missouri, on February 22, 1999.
Marvin R. Nuss,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-5037 Filed 3-2-99; 8:45 am]
BILLING CODE 4910-13-U