[Federal Register Volume 65, Number 141 (Friday, July 21, 2000)]
[Proposed Rules]
[Pages 45319-45323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18524]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-CE-29-AD]
RIN 2120-AA64


Airworthiness Directives; The New Piper Aircraft, Inc. Models PA-
31, PA-31-300, PA-31-325, PA-31-350, PA-31P, PA-31T, PA-31T1, PA-31T2, 
PA-31T3, 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 supersede three existing 
airworthiness directives (AD's) that apply to certain The New Piper 
Aircraft, Inc. (Piper) Models PA-31, PA-31-300, PA-31P, PA-31T, and PA-
31T1 airplanes. These AD's currently require you to repetitively 
inspect and/or modify the elevator structure. The proposed AD would: 
initially retain the inspection and modification requirements that are 
currently required; add certain other airplane models to the AD 
applicability; and require a modification at a certain time period, as 
terminating action for the currently required repetitive inspections. 
This action coincides with the Federal Aviation Adminstration's policy 
of incorporating modifications, when available, that will terminate the 
need for repetitive inspections. The actions specified by the proposed 
AD are intended to continue to detect and correct damage to the 
elevator structure. A damaged elevator structure could lead to reduced 
or loss of control of the airplane.

DATES: The Federal Aviation Administration (FAA) must receive any 
comments on this rule on or before September 8, 2000.

ADDRESSES: Submit comments in triplicate to FAA, Central Region, Office 
of the Regional Counsel, Attention: Rules Docket No. 99-CE-29-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106. You may get the service 
information referenced in the proposed AD from The New Piper Aircraft, 
Inc., Customer Services, 2926 Piper Drive, Vero Beach, Florida 32960. 
You may examine this information at FAA.

FOR FURTHER INFORMATION CONTACT: William O. 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; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    How do I comment on this AD? We invite your comments on the 
proposed rule. You may submit whatever written data, views, or 
arguments you choose. You need to include the rule's docket number and 
submit your comments in triplicate to the address specified under the 
caption ADDRESSES. We will consider all comments received on or before 
the closing date specified above, before acting on the proposed rule. 
We may change the proposals contained in this notice in light of the 
comments received.

[[Page 45320]]

    How can we communicate more clearly with you? The FAA is reviewing 
the writing style we currently use in regulatory documents, in response 
to the Presidential memorandum of June 1, 1998. That memorandum 
requires federal agencies to communicate more clearly with the public. 
We are interested in your comments on the ease of understanding this 
document, and any other suggestions you might have to improve the 
clarity of FAA communications that affect you. You can get more 
information about the Presidential memorandum and the plain language 
initiative at http://www.faa.gov/language/.
    The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule that 
might necessitate a need to modify the proposed rule. You may examine 
all comments we receive. We will file a report in the Rules Docket that 
summarizes each FAA contact with the public that concerns the 
substantive parts of this proposal.
    How can I be sure FAA receives my comment? If you want us to 
acknowledge the receipt of your comments, you must include a self-
addressed, stamped postcard. On the postcard, write ``Comments to 
Docket No. 99-CE-29-AD.'' We will date stamp and mail the postcard back 
to you.

Discussion

    Has FAA taken any action to this point? The following AD's 
currently require you to repetitively inspect and/or modify the 
elevator structure on certain Piper Models PA-31, PA-31-300, PA-31P, 
PA-31T, and PA-31T1 airplanes.

--AD 70-26-06, Amendment 39-1132, which requires you to repetitively 
inspect the elevator structure on Piper Models PA-31 and PA-31-300 
airplanes, serial numbers 31-2 through 31-694. The AD requires you to 
modify the elevator structure if cracks are found;
--AD 76-03-01, Amendment 39-2505, which requires you to modify the 
elevator structure on Piper Models PA-31T airplanes, serial numbers 
31T-7400002 through 31T-7620007. This AD requires you to inspect the 
elevator support and replace any defective parts on Piper Model PA-31T 
airplanes, serial numbers 31T-7400002 through 31T-7520020, 31T-7520022 
through 31T-7520038; and 31T-7520040 through 31T-760012; and
--AD 80-02-15, Amendment 39-3676, which requires you to inspect and 
alter the elevator structure and replace any defective parts on Piper 
Model PA-31P airplanes, serial numbers 31P-1 through 31P-7730012; Model 
PA-31T airplanes, serial numbers 31T-7400002 through 31T-7920075; and 
Model PA-31T1 airplanes, serial numbers 31T-7804001 through 31T-7904036 
and 31T-7904038 through 31T-7904044.

    What has happened to necessitate further AD action? Piper has 
informed FAA of reports of damage in the elevator structure area on 
additional airplanes. These are Piper Models PA-31-325, PA-31-350, PA-
31T3, and PA-31P-350 airplanes.
    On December 24, 1996, FAA issued a special airworthiness 
information bulletin (SAIB) to encourage compliance with new service 
information related to the elevator structure on the above-referenced 
airplanes. We continue to receive reports of damage in the elevator 
structure area on these airplanes.

Relevant Service Information

    Is there service information that applies to this subject? Piper 
has issued the following:

--Service Bulletin No. 323, dated September 21, 1970;
--Service Bulletin No. 897B, Date: July 15, 1997; and
--Service Bulletin No. 1008, Date: September 30, 1997.
    What are the provisions of these service bulletins? These service 
bulletins specify and include procedures for the following:

----------------------------------------------------------------------------------------------------------------
                                                                 Specifies and includes
           Service bulletin                   Applies to             procedures for         Other information
----------------------------------------------------------------------------------------------------------------
Piper Service Bulletin No. 323.......  Certain Piper Models PA- Inspecting replacing     Procedures for
                                        31 and PA-31-300         the rudder and           installing the new
                                        airplanes.               elevator spars and       rudder and elevator
                                                                 elevator butt ribs.      spar hinges are
                                                                                          included in Piper Kit
                                                                                          No. 760 465.
                                                                Modifying the rudder     .......................
                                                                 and elevator spar
                                                                 assemblies through new
                                                                 rudder and elevator
                                                                 spar hinges.
Piper Service Bulletin No. 897B......  Certain Piper Models PA- Incorporating an         The intent of this
                                        31P, PA-31T, PA-31T1,    elevator butt rib        service bulletin is
                                        PA-31T2, and PA-31T3     refinement kit, Piper    met when Piper Service
                                        airplanes.               part number 766-219.     Bulletin 897A is
                                                                                          accomplished.
Piper Service Bulletin No. 1008......  Certain Piper Models PA- Incorporating an         You must have
                                        31, PA-31-300, PA-31-    elevator butt rib        accomplished actions
                                        325, PA-31-350, PA-31P-  refinement kit, Piper    of Piper Service
                                        350 airplanes.           part number 766-642.     Bulletin 323; and
                                                                                          Piper Service Bulletin
                                                                                          998 or 998A prior to
                                                                                          or in conjunction with
                                                                                          accomplishing Piper
                                                                                          Service Bulletin No.
                                                                                          1008.
----------------------------------------------------------------------------------------------------------------

The FAA's Determination and an Explanation of the Provisions of the 
Proposed AD

    What has FAA decided? After examining the circumstances and 
reviewing all available information related to the incidents described 
above, including the relevant service information, we have determined 
that:

--an unsafe condition is likely to exist or develop on Piper Models PA-
31, PA-31-300, PA-31-325, PA-31-350, PA-31P, PA-31T, PA-31T1, PA-31T2, 
PA-31T3, and PA-31P-350 of the same type design;
--the actions of the above-referenced service bulletins should be 
accomplished on the affected airplanes; and
--AD action should be taken to detect and correct damage to the 
elevator structure. A damaged elevator structure could lead to reduced 
or loss of control of the airplane.

    What are the provisions of the proposed AD? The proposed AD would 
supersede AD 70-26-06, AD 76-03-01, and AD 80-02-15, with a new AD that 
would:

--initially retain the inspection and modification requirements that 
are currently required;

[[Page 45321]]

--add certain other airplane models to the AD applicability; and
--require a modification at a certain time period, as terminating 
action for the currently required repetitive inspections.

    Does this proposed AD follow FAA's aging commuter-class aircraft 
policy? The actions proposed in this NPRM are consistent with 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 our 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, we 
consider (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 modifying the elevator structure on the affected 
airplanes would be to require you to repetitively inspect this area for 
the life of the airplane.

Cost Impact

    How many airplanes does this proposed AD impact? We estimate that 
2,344 airplanes in the U.S. registry would be affected by the proposed 
AD.
    What is the cost impact of the proposed modification for affected 
airplanes on the U.S. Register? We estimate that it would take 
approximately 20 workhours per airplane to accomplish the proposed 
modification, at an average labor rate of $60 an hour. Parts to 
accomplish the proposed modification cost approximately $600 per 
airplane.
    Based on these figures, FAA estimates the cost to accomplish the 
proposed modification at $4,219,200, or $1,800 per airplane.
    What is the cost impact of the proposed inspections for affected 
airplanes on the U.S. Register? We estimate that it would take 
approximately 8 workhours per airplane to accomplish each proposed 
inspection, at an average labor rate of $60 an hour. Based on these 
figures, FAA estimates the cost to accomplish each proposed inspection 
at $480 per airplane. Accomplishment of the proposed modification would 
eliminate the need for the proposed inspections.

Regulatory Impact

    How does this AD impact relations between Federal and State 
governments? The proposed regulations would 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. We have 
determined that this proposed rule would not have federalism 
implications under Executive Order 13132.
    How does this AD involve a significant rule or regulatory action? 
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 put into effect, 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. We have placed a copy of the draft 
regulatory evaluation prepared for this action in the Rules Docket. You 
may obtain a copy of it 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, under the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 14 
CFR part 39 of the Federal Aviation Regulations 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. FAA amends Section 39.13 by removing Airworthiness Directive 
(AD) 70-26-06, Amendment 39-1132; AD 76-03-01, Amendment 39-2505; and 
AD 80-02-15, Amendment 39-3676, and by adding a new AD to read as 
follows:

The New Piper Aircraft, Inc.: Docket No. 99-CE-29-AD; Supersedes AD 
70-26-06, Amendment 39-1132; AD 76-03-01, Amendment 39-2505; and AD 
80-02-15, Amendment 39-3676.
    (a) What airplanes are affected by this AD? This AD affects the 
following airplanes, certificated in any category:
    (1) Part I of this AD: Inspection, replacement, and installation 
as specified in Piper Service Bulletin No. 323, dated September 21, 
1970:
    Models: PA-31 and PA-31-300--Serial Numbers: 31-2 through 31-
694.
    (2) Part II of this AD: Modification as specified in Piper 
Service Bulletin No. 897B, Date: July 15, 1997:
    Models: PA-31P--Serial Numbers 31P-1 through 31P-7730012.
    PA-31T--31T-7400002 through 31T-8120104.
    PA-31T1--31T-7804001 through 31T-8304003, and 31T-1104004 
through 31T-1104017.
    PA-31T2--31T-8166001 through 31T-8166076, and 31T-1166001 
through 31T-1166008.
    PA-31T3--31T-8275001 through 31T-8475001 and 31T-5575001.
    (3) Part III of this AD: Modification as specified in Piper 
Service Bulletin No. 1008, Date: September 30, 1997:
    Models: PA-31, PA-31-300, and PA-31-325--Serial Numbers: 31-2 
through 31-8312019.
    PA-31-350--31-5001 through 31-8452021.
    PA-31-350--31-8253001 through 31-8553002.
    PA-31P-350--31P-8414001 through 31P-8414050.
    (b) Who must comply with this AD? Anyone who wishes to operate 
any of the above airplanes on the U.S. Register must comply with 
this AD.
    (c) What problem does this AD address? The actions specified by 
this AD are intended to detect and correct damage to the elevator 
structure. A damaged elevator structure could lead to reduced or 
loss of control of the airplane.
    (d) What must I do to address this problem? To address this 
problem, you must accomplish the following actions:
    (1) Part I of this AD: For the airplane models and serial 
numbers listed in paragraph (a)(1) of this AD, accomplish the 
actions in the following chart:

[[Page 45322]]



----------------------------------------------------------------------------------------------------------------
                Action                     Compliance time        Service information       Other information
----------------------------------------------------------------------------------------------------------------
(i) Initially inspect the rudder and   (i) Within 100 hours     Do this inspection in    This inspetion is
 elevator spars and elevator butt       time-in-service (TIS)    accordance in            retained from AD 70-26-
 ribs for cracks.                       after the last           accordance with the      06.
                                        inspection required by   instructions in Piper
                                        AD 70-26-06, and         Service Bulletin No.
                                        thereafter at            323, dated September
                                        intervals not to         21, 1970.
                                        exceed 100 hours TIS
                                        until Piper Elevator
                                        and Rudder Hinge
                                        Installation Kit No.
                                        760 465 is
                                        incorporated.
(ii) If cracks are found in the        Prior to further flight  (A) Do the inspections
 elevator structure during any          after the inspection     in accordance with the
 inspection required by this portion    where the cracks were    instructions in Piper
 of the AD, replace the cracked part,   found.                   Service Bulletin No.
 and either continue to reinspect or                             323, dated September
 incorporate Kit No. 760 465.                                    21, 1970; OR
                                                                (B) Do the kit
                                                                 incorporation in
                                                                 accordance with the
                                                                 instructions to Piper
                                                                 Elevator and Rudder
                                                                 Hinge Installation Kit
                                                                 No. 760 465, Revised
                                                                 October 25, 1989..
(iii) Incorporate Piper Elevator and    Upon accumulating       Do this kit
 Rudder Hinge Installation Kit No.      2,000 hours TIS on the   incorporation in
 760 465.                               airplane or within the   accordance with the
                                        next 100 hours TIS       instructions to Piper
                                        after the effective      Elevator and Rudder
                                        date of this AD,         Hinge Installation Kit
                                        whichever occurs         No. 760 465, Revised
                                        later.                   October 25, 1989.
----------------------------------------------------------------------------------------------------------------

    (2) Part II of this AD: For the airplane models and serial 
numbers listed in paragraph (a)(2) of this AD, accomplish the 
actions in the following chart:

----------------------------------------------------------------------------------------------------------------
                Action                     Compliance time        Service information       Other information
----------------------------------------------------------------------------------------------------------------
(i) Modify the elevator trim tab       Upon accumulating 2,000   Do this modification    (A) This modification
 system and elevator control tube,      hours TIS or within      in accordance with the   is retained from AD 76-
 through the incorporation of Piper     100 hours TIS after      instructions to Piper    03-01, and applies to
 Kit No. 760 989.                       the effective date of    Kit No. 760 989, as      Piper Model PA-31T
                                        this AD, whichever       referenced in Piper      airplanes, serial
                                        occurs later.            Service Bulletin No.     numbers 31T-400002
                                                                 477A, dated November     through 31T-7620012.
                                                                 3, 1975.                (B) Unless already
                                                                                          accomplished credit
                                                                                          may be taken for this
                                                                                          portion of the AD if
                                                                                          the airplane is in
                                                                                          compliance with the
                                                                                          actions of AD 76-03-
                                                                                          01.
(ii) Incorporate Elevator Butt Rib     Upon accumulating 2,000  Do this kit              Reinforcement Kit,
 Reinforcement Kit, Piper Part Number   hours TIS or within      incorporation in         Piper Part Number 766-
 766-219.                               the next 100 hours TIS   accordance with the      219, may have been
                                        after the effective      instructions to          incorporated as
                                        date of this AD,         Elevator Butt Rib        specified in Piper
                                        whichever occurs         Reinforcement Kit,       Service Bulletin 897A.
                                        later.                   Piper Part Number 766-   If so, unless already
                                                                 219, as referenced in    accomplished credit
                                                                 Piper Service Bulletin   may be taken for this
                                                                 No. 897B, Date: July     portion of the AD.
                                                                 15, 1997.
----------------------------------------------------------------------------------------------------------------

    (3) Part III of this AD: For the airplane models and serial 
numbers listed in paragraph (a)(3) of this AD, accomplish the 
actions in the following chart:

----------------------------------------------------------------------------------------------------------------
                Action                     Compliance time        Service information       Other information
----------------------------------------------------------------------------------------------------------------
(i) Incorporate Elevator Butt Rib      Upon accumulating 2,000  Do this kit              (A) If AD 99-12-05,
 Refinement Kit, Piper Part Number      hours TIS or within      incorporation in         Amendment 39-11189 (63
 766-642.                               the next 100 hours TIS   accordance with the      FR 31687, June 14,
                                        after the effective      instructions to          1999), applies to one
                                        date of this AD,         Elevator Butt Rib        of the above-
                                        whichever occurs later.  Refinement Kit, Piper    referenced airplanes,
                                                                 Part Number 766-642,     then the actions of AD
                                                                 as specified in Piper    99-12-05 must be
                                                                 Service Bulletin No.     accomplished prior to
                                                                 1008, Date: September    incorporating Elevator
                                                                 30, 1997.                Butt Rib Refinement
                                                                                          Kit, Piper Part Number
                                                                                          766-642.
                                                                                         (B) No credit toward
                                                                                          this AD is given for
                                                                                          accomplishing the
                                                                                          actions of Piper SB
                                                                                          864.
----------------------------------------------------------------------------------------------------------------

    (e) Can I comply with this AD in any other way? You may use an 
alternative method of compliance or adjust the compliance time if:
    (1) Your alternative method of compliance provides an equivalent 
level of safety; and
    (2) The Manager, Atlanta Aircraft Certification Office (ACO), 
approves your alternative. Submit your request through an FAA 
Principal Maintenance Inspector, who may add comments and then send 
it to the Manager, Atlanta ACO.
    (3) Alternative methods of compliance that were approved in 
accordance with any of the following airworthiness directives (all 
superseded by this action) are not considered approved for this AD:
    (i) AD 70-26-06, Amendment 39-1132;
    (ii) AD 76-03-01, Amendment 39-2505; and
    (iii) AD 80-02-15, Amendment 39-3676.


[[Page 45323]]


    Note: 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 you have not eliminated the unsafe 
condition, specific actions you propose to address it.

    (f) Where can I get information about any already-approved 
alternative methods of compliance? You can contact William O. 
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; e-mail: [email protected].
    (g) What if I need to fly the airplane to another location to 
comply with this AD? The FAA can issue a special flight permit under 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate your airplane to a location where 
you can accomplish the requirements of this AD.
    (h) How do I get copies of the documents referenced in this AD? 
You may obtain copies of the documents referenced in this AD from 
The New Piper Aircraft, Inc., Customer Services, 2926 Piper Drive, 
Vero Beach, Florida 32960. You may examine this service information 
at FAA, Central Region, Office of the Regional Counsel, 901 Locust, 
Room 506, Kansas City, Missouri 64106.
    (i) Does this AD action affect any existing AD actions? This 
amendment supersedes the following AD actions:
    (1) AD 70-26-06, Amendment 39-1132;
    (2) AD 76-03-01, Amendment 39-2505; and
    (3) AD 80-02-15, Amendment 39-3676.


    Issued in Kansas City, Missouri, on July 17, 2000.
Marvin R. Nuss,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-18524 Filed 7-20-00; 8:45 am]
BILLING CODE 4910-13-P