[Federal Register Volume 68, Number 17 (Monday, January 27, 2003)]
[Proposed Rules]
[Pages 3826-3829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1679]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-CE-44-AD]
RIN 2120-AA64


Airworthiness Directives; The New Piper Aircraft, Inc. Models PA-
23, PA-23-160, PA-23-235, PA-23-250, and PA-E23-250 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes to adopt a new airworthiness directive 
(AD) that would apply to certain The New Piper Aircraft, Inc. (Piper) 
Models PA-23, PA-23-160, PA-23-235, PA-23-250, and PA-E23-250 airplanes 
that do not incorporate a certain design flap control torque tube or 
torque tube assembly. This proposed AD would require you to 
repetitively inspect the flap control torque tube for cracks, 
corrosion, wear, or elongation of the attachment bolt holes (referred 
to as damage hereon); and would require you to replace any damaged 
torque tube with either an improved design flap control torque tube or 
flap control torque tube assembly. The repetitive inspections would no 
longer be necessary when the improved design torque tube or torque tube 
assembly is installed. This proposed AD is the result of several 
reports of damage found in the flap control torque tube on the affected 
airplanes. The actions specified by this proposed AD are intended to 
detect and correct damage to the flap control torque tube, which could 
result in failure of the flap operating system. If such failure 
occurred during landing or takeoff, then a split flap condition could 
occur with potential loss of control of the airplane.

DATES: The Federal Aviation Administration (FAA) must receive any

[[Page 3827]]

comments on this proposed rule on or before March 21, 2003.

ADDRESSES: Submit comments to FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2002-CE-44-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106. You may view any 
comments at this location between 8 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays. You may also send comments 
electronically to the following address: [email protected]. 
Comments sent electronically must contain ``Docket No. 2002-CE-44-AD'' 
in the subject line. If you send comments electronically as attached 
electronic files, the files must be formatted in Microsoft Word 97 for 
Windows or ASCII text.
    You may get service information that applies to this proposed AD 
from The New Piper Aircraft, Inc., Customer Services, 2926 Piper Drive, 
Vero Beach, Florida 32960; telephone: (561) 567-4361; facsimile: (772) 
978-6573. You may also view this information at the Rules Docket at the 
address above.

FOR FURTHER INFORMATION CONTACT: Hassan Amini, Aerospace Engineer, FAA, 
Atlanta Aircraft Certification Office, One Crown Center, 1895 Phoenix 
Boulevard, Suite 450, Atlanta, Georgia 30349; telephone: (770) 703-
6080; facsimile: (770) 703-6097.

SUPPLEMENTARY INFORMATION:

Comments Invited

How Do I Comment On This 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 to the 
address specified under the caption ADDRESSES. We will consider all 
comments received on or before the closing date. We may amend this 
proposed rule in light of comments received. Factual information that 
supports your ideas and suggestions is extremely helpful in evaluating 
the effectiveness of this proposed AD action and determining whether we 
need to take additional rulemaking action.

Are There Any Specific Portions of This Proposed AD I Should Pay 
Attention to?

    The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed rule that 
might suggest a need to modify the rule. You may view 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 
contact we have with the public that concerns the substantive parts of 
this proposed AD.

How Can I Be Sure FAA Receives My Comment?

    If you want FAA to acknowledge the receipt of your mailed comments, 
you must include a self-addressed, stamped postcard. On the postcard, 
write ``Comments to Docket No. 2002-CE-44-AD.'' We will date stamp and 
mail the postcard back to you.

Discussion

What Events Have Caused This Proposed AD?

    A review of FAA's service difficulty report (SDR) database shows 
several incidents of cracks and corrosion in the flap control torque 
tube on Piper PA-23 series airplanes. One incident of a broken flap 
control torque tube resulted in a split flap condition during approach.

What Are the Consequences If the Condition Is Not Corrected?

    Cracked or corroded flap torque tubes, if not detected and 
corrected, could result in damage to the flap control torque tube and 
failure of the flap operating system. If such failure occurred during 
landing or takeoff, then a split flap condition could occur with 
potential loss of control of the airplane.

Is There Service Information That Applies to This Subject?

    Piper has issued Mandatory Service Bulletin No. 1051B, dated 
November 5, 2002.

What Are the Provisions of This Service Information?

    The service bulletin includes procedures for:

--Inspecting the flap control torque tube for cracks, corrosion, wear, 
or elongation of the attachment bolt holes; and
--Installing a part number (P/N 17634-002 flap control torque tube; or 
a P/N 104622-002 or 104622-004 flap control torque tube assembly.

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

What Has FAA Decided?

    After examining the circumstances and reviewing all available 
information related to the incidents described above, we have 
determined that:
--The unsafe condition referenced in this document exists or could 
develop on other Models PA-23, PA-23-160, PA-23-235, PA-23-250, and PA-
E23-250 airplanes of the same type design that do not incorporate a 
certain flap control torque tube or torque tube assembly;
--The actions specified in the previously-referenced service 
information should be accomplished on the affected airplanes; and
--AD action should be taken in order to correct this unsafe condition.

What Would This Proposed AD Require?

    This proposed AD would require you to repetitively inspect the flap 
control torque tube for cracks, corrosion, wear, or elongation of the 
attachment bolt holes; and would require you to replace any damaged 
flap control torque tube with either an improved design flap control 
torque tube or flap control torque tube assembly. The repetitive 
inspections would no longer be necessary when the improved design flap 
control torque tube or flap control torque tube assembly is installed.

Cost Impact

How Many Airplanes Would This Proposed AD Impact?

    We estimate that this proposed AD affects 3,733 airplanes in the 
U.S. registry.

What Would Be the Cost Impact of This Proposed AD on Owners/Operators 
of the Affected Airplanes?

    We estimate the following costs to accomplish each proposed 
inspection:

----------------------------------------------------------------------------------------------------------------
                                                                                Total  cost per   Total cost  on
                  Labor cost                              Parts cost                airplane     U.S.  operators
----------------------------------------------------------------------------------------------------------------
8 workhours x $60 per hour = $480............  None for inspection............            $480       $1,791,840
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to accomplish any necessary 
replacement that would be required based on the results of the proposed 
inspection. We have no way of determining the number of airplanes that 
may need such repair/replacement:

[[Page 3828]]



------------------------------------------------------------------------
                                                         Total  cost per
            Labor cost                  Parts cost           airplane
------------------------------------------------------------------------
4 workhours x $60 per hour = $240  $452 per airplane...            $692
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Regulatory Impact

Would This Proposed 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.

Would This Proposed AD Involve a Significant Rule or Regulatory Action?

    For the reasons discussed above, I certify that this 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 
promulgated, 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 draft regulatory 
evaluation prepared for this action has been placed 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, 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 Sec.  39.13 by adding a new airworthiness directive 
(AD) to read as follows:

The New Piper Aircraft, Inc.: Docket No. 2002-CE-44-AD.

    (a) What airplanes are affected by this AD? This AD affects the 
following airplane models and serial numbers that are certificated 
in any category and do not incorporate a part number (P/N) 17634-002 
flap control torque tube; or a P/N 104622-002 or 104622-004 flap 
control torque tube assembly:

------------------------------------------------------------------------
                Model                             Serial Nos.
------------------------------------------------------------------------
PA-23 and PA-23-160.................  23-1 through 23-2046.
PA-23-235...........................  27-505 through 27-622.
PA-23-250...........................  27-1 through 27-504 and 27-2000
                                       through 27-8154030.
PA-E23-250..........................  27-2505 through 27-4916 and 27-
                                       7304917 through 27-7554168.
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    (b) Who must comply with this AD? Anyone who wishes to operate 
any of the airplanes identified in paragraph (a) of this AD 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 flap 
control torque tube, which could result in failure of the flap 
operating system. If such failure occurred during landing or 
takeoff, then a split flap condition could occur with potential loss 
of control of the airplane.
    (d) What actions must I accomplish to address this problem? To 
address this problem, you must accomplish the following:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Inspect the flap control  Initially inspect     In accordance with
 torque tube for cracks,       upon accumulating     secitons 3 through
 corrosion, wear, or           2,500 hours time-in-  10 of the
 elongation of the             service (TIS) on      ACCOMPLISHMENT
 attachment bolt holes         the flap control      INSTRUCTIONS
 (referred to as damage        torque tube or        section of Piper
 hereon).                      within the next 100   Mandatory Service
                               hours TIS after the   Bulletin No. 1051B,
                               effective date of     dated November 5,
                               this AD, whichever    2002.
                               occurs later.
                               Repetitively
                               inspect thereafter
                               at intervals not to
                               exceed 500 hours
                               TIS until one of
                               the parts specified
                               in paragraph (d) of
                               this AD is
                               installed.
-----------------------------
(2) Replace any damage flap   Prior to further      In accordance with
 control torque tube and       flight after the      sections 3 through
 replace any wooden end        inspection where      10 of the
 plugs with new plastic end    damage is found.      ACCOMPLISHMENT
 plugs, P/N 17631-002.                               INSTRUCTIONS
 Replace the flap control                            section of Piper
 torque tubes with either a                          Mandatory Service
 P/N 17634-002 flap control                          Bulletin No. 1051B,
 torque tube or a P/N 104622-                        dated November 5,
 002 or 104622-004 flap                              2002.
 control torque tube
 assembly.
(i) The P/N 17631-002 end
 plugs are part of the P/N
 104622-002 and 104622-004
 flap control torque tube
 assemblies, but must be
 obtained for the P/N 17634-
 002 installation..
(ii) You do not have to
 inspect the existing wooden
 end plugs as specified in
 the service bulletin since
 this AD requires the
 installation of plastic and
 plugs..
-----------------------------
(3) The repetitive            You may replace the   In accordance with
 inspections required by       flap control torque   sections 3 through
 this AD may be terminated     tube assembly at      10 of the
 after installation of a       any time, but must    ACCOMPLISHMENT
 replacement flap control      replace prior to      INSTRUCTIONS
 torque tube or flap control   further flight if     section of Piper
 torque tube assembly as       damage is found       Mandatory Service
 specified in paragraph (d)    during an             Bulletin No. 1051B,
 of this AD.                   inspection.           dated November 5,
                                                     2002.
-----------------------------

[[Page 3829]]

 
      (4) Only install, on    As of the effective   In accordance with
       any affected            date of this AD.      sections 3 through
       airplane, a flap                              10 of the
       control torque tube                           ACCOMPLISHMENT
       or flap control                               INSTRUCTIONS
       torque tube assembly                          section of Piper
       and end plugs that                            Mandatory Service
       incorporate the part                          Bulletin No. 1051B,
       numbers specified in                          dated November 5,
       paragraph (d) of this                         2002.
       AD.
------------------------------------------------------------------------

    (e) Can I comply with this AD in any other way? You may use an 
alternative method of compliance or adjust compliance time if:
    (1) Your alternative method of compliance provides an equivalent 
level of safety; and
    (2) The Manager, Atlanta Aircraft Certification Office, approves 
your alternative. Submit your request through an FAA Principal 
Maintenance Inspector, who may add comments and then send it to the 
Manager, Atlanta Aircraft Certification Office.

    Note: This AD applies to each airplane identified in paragraph 
(a) of this AD, 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? Contact Hassan Amini, Aerospace 
Engineer, FAA, Atlanta Aircraft Certification Office, One Crown 
Center, 1895 Phoenix Boulevard, Suite 450, Atlanta, Georgia 30349; 
telephone: (770) 703-6080; facsimile: (770) 703-6097.
    (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 get copies of the documents referenced in this AD from The 
New Piper Aircraft, Inc., Customer Services, 2926 Piper Drive, Vero 
Beach, Florida 32960; telephone: (561) 567-4361; facsimile: (772) 
978-6573. You may view these documents at FAA, Central Region, 
Office of the Regional Counsel, 901 Locust, Room 506, Kansas City, 
Missouri 64106.

    Issued in Kansas City, Missouri, on January 15, 2003.
Michael Gallagher,
Manager, Small Airplane Directorate, , Aircraft Certification Service.
[FR Doc. 03-1679 Filed 1-24-03; 8:45 am]
BILLING CODE 4910-13-P