[Federal Register Volume 65, Number 141 (Friday, July 21, 2000)]
[Proposed Rules]
[Pages 45323-45326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18525]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96-CE-69-AD]
RIN 2120-AA64


Airworthiness Directives; The New Piper Aircraft, Inc. (Formerly 
Piper Aircraft Corporation) PA-31 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); Reopening of 
the comment period.

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SUMMARY: This document proposes to revise an earlier proposed 
airworthiness directive (AD) that would apply to The New Piper 
Aircraft, Inc. (Piper) PA-31 series airplanes. The earlier NPRM would 
have superseded AD 80-26-05, which requires you to repetitively inspect 
the main landing gear (MLG) inboard door hinges and attachment angles 
for cracks on the affected airplanes, and requires you to replace any 
cracked MLG inboard door hinge or attachment angle. The earlier NPRM 
proposed to require you to inspect the original design MLG inboard door 
hinge assemblies for cracks; and replace the original design MLG 
inboard door hinge assemblies with parts of improved design either 
immediately (cracks) or at a certain time period (no cracks). This 
supplemental NPRM results from reports of cracks in the improved design 
MLG inboard door hinge assemblies on the affected airplanes. We are 
revising the NPRM to propose inspections on the improved design parts 
as well as the original design parts. The actions specified by the 
proposed AD are intended to detect and correct cracked MLG inboard door 
hinge assemblies. These cracked door hinge assemblies could result in 
the MLG becoming jammed with consequent loss of control of the airplane 
during landing operations.

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

ADDRESSES: Submit comments in triplicate to FAA, Central Region, Office 
of the Regional Counsel, Attention: Rules Docket No. 96-CE-69-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 the proposed AD? The FAA invites comments on 
this 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. The FAA will consider all comments received on or 
before the closing date. We may amend the proposed rule in light of 
comments received. Factual information that supports your ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
proposed AD action and determining whether we need to take additional 
rulemaking action.
    Are there any specific portions of the AD I should pay attention 
to? The FAA is re-examining 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 
whether the style of this document is clearer, 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.plainlanguage.gov.
    The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule that 
might suggest a need to modify the rule. You may examine all comments 
we receive before and after the closing date of the rule in the Rules 
Docket. We will file a report in the Rules Docket that summarizes each 
FAA contact with the public that concerns the substantive parts of the 
proposed AD.
    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

[[Page 45324]]

No. 96-CE-69-AD.'' We will date stamp and mail the postcard back to 
you.

Discussion

    Has FAA taken any action to this point? On December 1, 1995, FAA 
issued 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 PA-
31 series airplanes. This proposal was published in the Federal 
Register as a notice of proposed rulemaking (NPRM) on December 7, 1995 
(60 FR 62774), and proposed to supersede AD 80-26-05, Amendment 39-
3994. The NPRM proposed to:

--Retain the requirement of repetitively inspecting the MLG inboard 
door hinge assemblies for cracks, and replacing any cracked MLG inboard 
door hinge assembly; and
--Require incorporating a MLG inboard door hinge assembly of improved 
design (part number (P/N) 47529-32) or FAA-approved equivalent part 
number, as terminating action for the repetitive inspection 
requirement.
    Accomplishment of the proposed inspections would have been required 
in accordance with Piper Service Bulletin (SB) No. 682, dated July 24, 
1980.
    Was the public invited to comment on the NPRM? The FAA invited 
interested persons to participate in the making of this amendment. Due 
consideration was given to the one comment received.
    What issue did this comment address? The comment received on the 
NPRM contained information that the improved design MLG inboard door 
hinge assemblies, P/N 47529-32, are also susceptible to fatigue 
cracking, and that installing this assembly should not eliminate the 
need for the repetitive inspections currently required by AD 80-26-05. 
The commenter stated that its airplane fleet has experienced three 
failures and three incidents related to fatigue cracking of the P/N 
47529-32 hinge assemblies.
    What action did FAA take? We conducted a review of the 
manufacturer's service history and service difficulty reports in FAA's 
database associated with the P/N 47529-32 MLG inboard door hinge 
assembly. Based on a review of this information, including the 
information received from the commenter, we determined that more 
information and analysis were needed before mandating MLG inboard door 
hinge assembly replacements through an AD.
    We then issued an advance notice of proposed rulemaking (ANPRM) on 
February 11, 1997. The ANPRM was published in the Federal Register on 
February 19, 1997 (62 FR 7375). The purpose of the ANPRM was to 
encourage interested persons to provide information that describes what 
they consider the best action (if any) for FAA to take regarding the P/
N 47529-32 MLG inboard door hinge assembly issue. The FAA also withdrew 
the NPRM. We received no information or comments regarding the ANPRM.
    We then re-evaluated the information in our service difficulty 
database. The database, at that time, contained 10 reports of failure 
or cracks found in the MLG inboard door hinge assembly on the affected 
airplanes. The commenter to the original NPRM had submitted six of 
these reports. Three of these six incident reports were specifically 
attributed to the original MLG inboard door hinge assemblies and three 
to the improved design MLG inboard door hinge assemblies. The four 
reports that others submitted do not specifically identify whether the 
original MLG inboard door hinge assemblies were installed or the 
improved design assemblies were installed. Since the incidents occurred 
on high service time airplanes and since there is no AD action 
mandating the installation of the improved-design MLG inboard door 
hinge assemblies, we presumed that the original hinge assemblies were 
installed.
    The FAA then reviewed the three incident reports on the improved 
design MLG inboard door hinge assemblies and, along with the National 
Transportation Safety Board (NTSB), performed extensive testing and 
analysis of the improved design MLG inboard door hinge assemblies. 
Based on this review, testing, and analysis, we determined that:

--The incidents were isolated and that mandating repetitive inspections 
was not needed when the P/N 47529-32 MLG inboard door hinge assemblies 
are installed; and
--AD action should be taken to eliminate the repetitive short-interval 
inspections that AD 80-26-05 requires and to prevent separation of a 
MLG door from the airplane caused by a cracked inboard door hinge 
assembly.
    On October 14, 1997, FAA issued an NPRM to address these issues. 
The NPRM was published in the Federal Register on October 21, 1997 (62 
FR 54595).
    What has happened to justify this AD action? Since issuance of the 
NPRM, we have received additional reports of cracks in the MLG inboard 
door hinge assemblies. The reports reference incidents on both the 
original design assemblies and the improved design hinges. As of the 
issue date of this document, we have reports of the following:

--27 reports of cracked improved design MLG inboard door hinge 
assemblies; and
--41 reports of cracked original design MLG inboard door hinge 
assemblies.

The FAA's Determination

    What has FAA decided? After careful review of all available 
information related to the subject presented above, we have determined 
that:

--Both the improved design and original design MLG inboard door hinge 
assemblies on the PA-31 series airplanes are susceptible to cracking; 
and
--AD action should be taken to detect and correct cracked MLG inboard 
door hinge assemblies.

The Supplemental NPRM

    How will the changes to the NPRM impact the public? Proposing 
inspections on airplanes with the improved design MLG inboard door 
hinge assemblies as well as the original design assemblies presents 
actions that go beyond the scope of what was already proposed. 
Therefore, we are issuing a supplemental NPRM and reopening the comment 
period to allow the public additional time to comment on the proposed 
AD.
    What are the provisions of the supplemental NPRM? The supplemental 
NPRM would apply to all PA-31 series airplanes and would require you to 
accomplish the following:

--Repetitively inspect the MLG inboard door hinge assemblies 
(regardless of part number); and
--Immediately replace any cracked MLG inboard door hinge assembly with 
a new MLG inboard door hinge assembly, Piper part number (P/N) 47529-32 
(or FAA-approved equivalent part number).
    What document should I use to accomplish these actions? Piper 
Service Bulletin No. 682, dated July 24, 1980, includes all the 
procedures necessary to accomplish the actions proposed in this 
supplemental NPRM.

Cost Impact

    How many airplanes does the proposed AD impact? The FAA estimates 
that 2,344 airplanes in the U.S. registry would be affected by the 
proposed AD.
    What would it cost me to accomplish each proposed inspection? We 
estimate that it would take approximately 2 workhours per airplane to 
accomplish each proposed inspection, at an average

[[Page 45325]]

labor rate of $60 an hour. Based on these figures, FAA estimates the 
total cost impact of each proposed inspection on U.S. operators at 
$281,280, or $120 per airplane.
    What would it cost me to replace a cracked assembly? We estimate 2 
workhours to replace a cracked MLG inboard door hinge assembly. A 
replacement assembly costs approximately $270. We estimate a total cost 
of $390 to replace a cracked MLG inboard door hinge assembly.

Regulatory Impact

    How does this AD impact various entities? The regulations proposed 
herein 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. Therefore, it is 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? 
The FAA has determined that the proposed 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 adopted, will not have a 
significant economic impact 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 at 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 
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. FAA amends Section 39.13 by removing Airworthiness Directive 
(AD) 80-26-05, Amendment 39-3994, and by adding a new AD to read as 
follows:
The New Piper Aircraft, Inc. (formerly Piper Aircraft Corporation): 
Docket No. 96-CE-69-AD, Supersedes AD 80-26-05, Amendment 39-3994.

    (a) What airplanes are affected by this AD? This AD affects the 
following airplane models and serial numbers, certificated in any 
category:

------------------------------------------------------------------------
               Models                           Serial numbers
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PA-31...............................  31-2 through 31-900 and 31-7300901
                                       through 31-8312019.
PA-31-300...........................  31-2 through 31-900 and 31-7300901
                                       through 31-8312019.
PA-31-350...........................  31-5001 through 31-5004 and 31-
                                       7305005 through 31-8553002.
PA-31-325...........................  31-7400990, 31-7512001 through 31-
                                       8312019.
PA-31P..............................  31P-1 through 31P-109 and 31P-
                                       7300110 through 31P-7730012.
PA-31T..............................  31T-7400002 through 31T-8120104.
PA-31T1.............................  31T-7804001 through 31T-8104073;
                                       31T-8104101; 31T-8304001 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.
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 cracked main landing gear 
(MLG) inboard door hinge assemblies. This could result in the MLG 
becoming jammed with consequent loss of control of the airplane 
during landing operations.
    (d) What must I do to address this problem? To address this 
problem, you must accomplish the following:

------------------------------------------------------------------------
           Action                Compliance time         Procedures
------------------------------------------------------------------------
(1) Inspect all hinges and    (i) For airplanes     Accomplish in
 hinge attachment angles in    with any MLG          accordance with the
 the MLG inboard door hinge    inboard door hinge    INSTRUCTIONS
 assembly.                     assembly that is      section of Piper
                               not made of steel:    Service Bulletin
                               At the next           No. 682, dated July
                               inspection required   24, 1980.
                               by AD 80-26-05 or
                               within the next 100
                               hours time-in-
                               service (TIS) after
                               the effective date
                               of this AD,
                               whichever occurs
                               first, and
                               thereafter at
                               intervals not to
                               exceed 100 hours
                               TIS.
                              (ii) For airplanes
                               with any MLG
                               inboard door hinge
                               assembly that is
                               made of steel
                               (i.e., Piper part
                               number 47529-32):
                               Upon accumulating
                               2,000 hours TIS on
                               the MLG inboard
                               door hinge
                               assembly, and
                               thereafter at
                               intervals not to
                               exceed 2,000 hours
                               TIS.
(2) Replace any cracked MLG   Prior to further      Accomplish in
 inboard door hinge assembly   flight after the      accordance with the
 with a Piper part number      inspection required   INSTRUCTIONS
 47529-32 assembly (or FAA-    by this AD. The       section of Piper
 approved part number).        repetitive            Service Bulletin
                               inspection            No. 682, dated July
                               requirement of this   24, 1980.
                               AD is still
                               required for
                               airplanes
                               incorporating these
                               replacement
                               assemblies. Inspect
                               upon accumulating
                               2,000 hours TIS on
                               the new assembly,
                               and thereafter at
                               2,000-hour TIS
                               intervals.
------------------------------------------------------------------------

    (e) Can I comply with this AD in any other way? 
    (1) You may use an alternative method of compliance or adjust 
the compliance time if:
    (i) Your alternative method of compliance provides an equivalent 
level of safety; and
    (ii) 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, One Crown Center,

[[Page 45326]]

1895 Phoenix Boulevard, suite 450, Atlanta, Georgia 30349.
    (2) Alternative methods of compliance approved in accordance 
with AD 80-26-05 (superseded by this action) are not considered 
approved as alternative methods of compliance with this AD.

    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)(1) 
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? 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? 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., 2926 Piper Drive, Vero Beach, Florida 
32960. You may examine these documents 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 AD 80-26-05, Amendment 39-3994.

    Issued in Kansas City, Missouri, on July 17, 2000.
Marvin R. Nuss,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-18525 Filed 7-20-00; 8:45 am]
BILLING CODE 4910-13-P