[Federal Register Volume 64, Number 239 (Tuesday, December 14, 1999)]
[Rules and Regulations]
[Pages 69629-69631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32369]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-CE-69-AD; Amendment 39-11464; AD 99-26-05]
RIN 2120-AA64


Airworthiness Directives; The New Piper Aircraft, Inc. Models PA-
25, PA-25-235, PA-25-260, PA-28S-160, PA-28S-180, PA-32S-300, PA-28-
151, and PA-28-161 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 the following airplanes that incorporate certain Facet 
(manufactured by the Purolator Products Company) induction air filters:

--All The New Piper Aircraft, Inc. (Piper) Models PA-25, PA-25-235, PA-
25-260, PA-28S-160, PA-28S-180, and PA-32S-300 airplanes; and--Piper 
Models PA-28-151 and PA-28-161 airplanes that incorporate a certain 
supplemental type certificate (STC).

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 January 13, 2000.
    Comments for inclusion in the Rules Docket must be received on or 
before February 17, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 99-CE-69-AD, Room 1558, 901 Locust, Room 
506, 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 FAA, 
Central Region, Office of the Regional Counsel, Attention: Rules Docket 
No. 99-CE-69-AD, 901 Locust, Room 506, 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

    AD 99-05-09, Amendment 39-111057 (64 FR 10211, March 3, 1999), 
currently requires replacing 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. These induction air 
filters were manufactured from January 1997 through September 1998; and 
are identified with a .250 (1/4)-inch high (white) ink stamp ``FACET-
638873'', and may include ``FAA-PMA''.
    Accomplishment of the actions required by AD 99-05-09 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.
    The AD was the result of reports of deterioration, cracking, 
splitting, and crumbling (referred hereon as damage) of these 
Purolator/Facet induction air filters. 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.
    The actions specified in AD 99-05-09 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.

Actions Since AD 99-05-09 Became Effective and The FAA's 
Determination

    Since AD 99-05-09 became effective, the FAA has learned that the 
following airplanes also incorporate these Facet induction air filters:

--All The New Piper Aircraft, Inc. (Piper) Models PA-25, PA-25-235, PA-
25-260, PA-28S-160, PA-28S-180, and PA-32S-300 airplanes; and
--Piper Models PA-28-151 and PA-28-161 airplanes that incorporate STC 
SA2946SO.

    Because of this, the FAA has determined that (1) the same actions 
of AD 99-05-09 should apply to these Piper Models PA-25, PA-25-235, PA-
25-260, PA-28S-160, PA-28S-180, PA-32S-300, PA-28-151, and PA-28-161 
airplanes; and (2) 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 airplanes of the same type design to those 
referenced above, the FAA is issuing an AD. The AD requires replacing 
any Purolator/Facet

[[Page 69630]]

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-
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. 99-CE-69-AD.'' The postcard will be date stamped and 
returned to the commenter.

Regulatory Impact

    The regulations adopted herein will not have a substantial direct 
effect 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, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    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:

99-26-05  The New Piper Aircraft, Inc.: Amendment 39-11464; Docket 
No. 99-CE-69-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):

------------------------------------------------------------------------
                Models                           Serial numbers
------------------------------------------------------------------------
PA-25................................  all serial number airplanes
PA-25-235............................  all serial number airplanes
PA-25-260............................  all serial number airplanes
PA-28S-160...........................  all serial number airplanes
PA-28S-180...........................  all serial number airplanes
PA-32S-300...........................  all serial number airplanes
PA-28-151/161........................  all serial number airplanes that
                                        have Supplemental Type
                                        Certificate SA2946SO
                                        incorporated
------------------------------------------------------------------------

    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.

[[Page 69631]]

    (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 1, 1997, 
and January 13, 2000 (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 1, 1997, and January 13, 2000 
(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 Sec. 43.9 of the Federal 
Aviation Regulations (14 CFR 43.9).
    (d) 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.
    (e) An alternative method of compliance or adjustment of the 
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 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, 901 Locust, Room 506, Kansas City, Missouri.
    (g) This amendment becomes effective on January 13, 2000.

    Issued in Kansas City, Missouri, on December 8, 1999.
Marvin R. Nuss,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-32369 Filed 12-13-99; 8:45 am]
BILLING CODE 4910-13-U