[Federal Register Volume 64, Number 46 (Wednesday, March 10, 1999)]
[Rules and Regulations]
[Pages 11757-11758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5727]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-CE-152-AD; Amendment 39-11065; AD 99-06-01]
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: Final rule.

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SUMMARY: This amendment supersedes Airworthiness Directive (AD) 81-15-
04 R1, which currently requires repetitively inspecting for cracks at 
the elevator outboard hinge attachment on the horizontal stabilizer 
rear spar on certain The New Piper Aircraft, Inc. (Piper) Models PA-31, 
PA-31-300, PA-31-325, PA-31-350, and PA-31P-350 airplanes, and if 
cracks are found, incorporating a spar and hinge bracket assembly kit. 
This AD requires repetitively inspecting the horizontal rear spar in 
the area of the outboard hinge attachment and the outboard hinge attach 
bracket for cracks. When cracks are found or at a certain accumulation 
of time-in-service (TIS), this AD also requires modifying the 
horizontal stabilizer spar by incorporating an improved stabilizer spar 
and hinge bracket assembly kit that will terminate the repetitive 
inspections. This AD is prompted by several field reports of cracks 
found during routine inspections on airplanes already in compliance 
with AD 81-15-04 R1. The actions specified by this AD are intended to 
prevent failure of the horizontal stabilizer rear spar caused by cracks 
at the elevator outboard hinge attachment, which could result in loss 
of control of the airplane.

DATES: Effective April 20, 1999.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of April 20, 1999.

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 No. 97-CE-152-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: Mr. William Herderich, Aerospace 
Engineer, FAA, Atlanta Aircraft Certification Office, One Crown Center, 
1895 Phoenix Boulevard, suite 450, Atlanta, Georgia 30349; telephone: 
(770) 703-6084; facsimile: (770) 703-6097.

SUPPLEMENTARY INFORMATION:

Events Leading to the Issuance of This 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 Model 
PA-31, PA-31-300, PA-31-325, PA-31-350, and PA-31P-350 airplanes was 
published in the Federal Register as a notice of proposed rulemaking 
(NPRM) on September 21, 1998 (63 FR 50174). The NPRM proposed to 
supersede AD 81-15-04 R1, Amendment 39-4200, which currently requires 
repetitively inspecting for cracks at the elevator outboard hinge 
attachment on the horizontal stabilizer rear spar, and if cracks are 
found, incorporating a spar and hinge bracket assembly kit. The NPRM 
proposed to require:

    --Inspecting the horizontal stabilizer rear spar at the outboard 
hinge attachment and outboard hinge attach bracket for cracks;
    --If no cracks are found, the NPRM proposed to require repetitively 
inspecting this area until cracks are found; and
    --If cracks are found or upon the accumulation of 500 hours TIS, 
whichever occurs first, modify the horizontal stabilizer rear spar by 
incorporating Piper Kit No. 766-646. The incorporation of this kit will 
terminate the currently required repetitive inspections.
    Accomplishment of the proposed inspections as specified in the NPRM 
would be in accordance with Piper Service Bulletin (SB) No. 1007, dated 
September 30, 1997. Accomplishment of the proposed modification as 
specified in the NPRM would be in accordance with the Instructions in 
Piper Kit No. 766-646, which is referenced in Piper SB No. 1007, dated 
September 30, 1997.
    The NPRM was the result of several field reports of cracks found 
during routine inspections on airplanes already in compliance with AD 
81-15-04 R1.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were received on the 
proposed rule or the FAA's determination of the cost to the public.

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 the Service Information and This AD

    The compliance time specified in Piper Service Bulletin No. 1007, 
dated September 30, 1997, is different than the compliance time in this 
AD. The FAA is not using the 50 hours time-in-service (TIS) as the 
initial and repetitive inspection times, as specified in the service 
bulletin. Fifty hours TIS or less is normally reserved for urgent 
safety of flight conditions, and this AD is not considered an urgent 
safety of flight condition. Based on engineering judgment and the 
service history received from the field, the FAA is utilizing an 
initial and repetitive inspection time of 100 hours TIS in order to 
allow operators a reasonable amount of time to accomplish this action.

Cost Impact

    The FAA estimates that 1,739 airplanes in the U.S. registry will be 
affected by this AD, that it will take approximately 11 workhours per 
airplane to accomplish the actions in this AD, and that the average 
labor rate is approximately $60 an hour. Parts cost approximately $478 
per airplane. Based on these figures, the total cost impact of this AD 
on U.S. operators is estimated to be $1,978,982, or $1,138 per 
airplane.

[[Page 11758]]

    This cost estimate does not take into account the number of 
repetitive inspections that may be incurred over the life of each 
airplane, and is based on the presumption that no owner/operator of the 
affected aircraft has accomplished the replacement.

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) 81-15-04 R1, Amendment 39-4200, and by adding a new AD to read as 
follows:

99-06-01  The New Piper Aircraft, Inc.: Amendment 39-11065; Docket 
No. 97-CE-152-AD; Supersedes AD 81-15-04 R1, Amendment 39-4200.

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

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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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    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 (f) 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: As indicated in the body of this AD, unless already 
accomplished.
    To prevent failure of the horizontal stabilizer rear spar caused 
by cracks at the elevator outboard hinge attachment, which could 
result in loss of control of the airplane, accomplish the following:
    (a) Within the next 100 hours time-in-service (TIS) after the 
effective date of this AD, inspect the horizontal stabilizer rear 
spar in the area of the outboard hinge attachment and the outboard 
hinge attach bracket for cracks in accordance with the INSTRUCTIONS 
section of Piper Service Bulletin (SB) No. 1007, dated September 30, 
1997.
    (b) If cracks are found in the horizontal stabilizer rear spar 
during the inspection required by paragraph (a) of this AD, prior to 
further flight, modify the horizontal stabilizer rear spar by 
incorporating Piper Kit No. 766-646. Accomplish this modification in 
accordance with the INSTRUCTIONS contained in Piper Kit No. 766-646, 
which is referenced in Piper SB No. 1007, dated September 30, 1997.
    (c) If no cracks are found in the horizontal stabilizer rear 
spar during the inspection required by paragraph (a) of this AD, 
continue to inspect in accordance with paragraph (a) of this AD at 
intervals not to exceed 100 hours TIS. Upon the accumulation of 500 
hours TIS after the effective date of this AD or when cracks are 
found, whichever occurs first, modify the horizontal stabilizer rear 
spar by incorporating Piper Kit No. 766-646. Accomplish this 
modification in accordance with the INSTRUCTIONS contained in Piper 
Kit No. 766-646, which is referenced in Piper SB No. 1007, dated 
September 30, 1997.
    (d) Modifying the affected airplane by incorporating Piper Kit 
No. 766-646 is considered terminating action for the inspections 
required in paragraphs (a) and (c) of this AD.
    (e) 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.
    (f) 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.
    (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 81-15-04 R1 are not considered approved as alternative 
methods of compliance for this AD.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Atlanta ACO.

    (g) The inspections required by this AD shall be done in 
accordance with Piper Service Bulletin No. 1007, dated September 30, 
1997. The modification required by this AD shall be done in 
accordance with the Instructions in Piper Kit No. 766-646, which is 
referenced in Piper Service Bulletin No. 1007, dated September 30, 
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.
    (h) This amendment supersedes AD 81-15-04 R1, Amendment 39-4200.
    (i) This amendment becomes effective on April 20, 1999.

    Issued in Kansas City, Missouri, on February 26, 1999.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 99-5727 Filed 3-9-99; 8:45 am]
BILLING CODE 6717-01-U