[Federal Register Volume 64, Number 113 (Monday, June 14, 1999)]
[Rules and Regulations]
[Pages 31687-31689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14535]



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 Rules and Regulations
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  Federal Register / Vol. 64, No. 113 / Monday, June 14, 1999 / Rules 
and Regulations  

[[Page 31687]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-CE-32-AD; Amendment 39-11189; AD 99-12-05]
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 adopts a new airworthiness directive (AD) that 
applies 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. This AD 
requires 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. This 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. This 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 this AD are intended to prevent failure of the elevator 
spar caused by fatigue cracking, which could result in reduced airplane 
controllability.

DATES: Effective July 23, 1999.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of July 23, 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-32-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, 
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:

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 Models 
PA-31, PA-31-300, PA-31-325, PA-31-350, and PA-31P-350 was published in 
the Federal Register as a notice of proposed rulemaking (NPRM) on 
November 25, 1998 (63 FR 65147). The NPRM proposed to 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 NPRM also proposed to require 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 as specified in the NPRM 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 as specified in the NPRM is required in 
accordance with the maintenance manual.
    The NPRM was the result of reports of cracks developing in the 
elevator spar inboard of the outboard hinge location on the affected 
airplanes.
    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.

The FAA's Aging Commuter Aircraft Policy

    The actions required in this AD 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 will be 
affected by this AD.
    The inspection holes installation and initial inspections will take

[[Page 31688]]

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 
inspection access holes installation and initial inspections on U.S. 
operators is estimated to be $253,894, or $146 per airplane.
    These figures only take into account the costs of the initial 
inspection and do not take into account the costs of repetitive 
inspections. The FAA has no way of determining the number of repetitive 
inspections an owner/operator will incur over the life of the airplane 
before the replacement becomes mandatory.
    The elevator spar assembly replacements will 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 
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 initial inspection requirements of this AD, specifically most of 
the Model PA-31-350 airplanes since many of these are used in commuter 
service.

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 adding a new airworthiness directive 
(AD) to read as follows:

99-12-05  The New Piper Aircraft, Inc.: Amendment 39-11189; 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:

------------------------------------------------------------------------
                  Models                             Serial No.
------------------------------------------------------------------------
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
------------------------------------------------------------------------

    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 first.
    (f) Special flight permits may be issued in accordance with 
Secs. 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

[[Page 31689]]

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) The installations, inspections, and replacements required by 
this AD shall be done in accordance with Piper Service Bulletin No. 
998A, dated August 4, 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 becomes effective on July 23, 1999.

    Issued in Kansas City, Missouri, on June 2, 1999.
Marvin R. Nuss,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-14535 Filed 6-11-99; 8:45 am]
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