[Federal Register Volume 68, Number 232 (Wednesday, December 3, 2003)]
[Rules and Regulations]
[Pages 67588-67590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-29871]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-CE-03-AD; Amendment 39-13376; AD 2003-24-07]
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 (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to all The New Piper Aircraft, Inc. (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 airplanes. This AD requires you to install an 
inspection hole (or use for inspection the tooling hole in the rudder 
bottom rib), conduct a detailed visual inspection of the rudder torque 
tube and associated ribs for corrosion, and, if corrosion is found, 
replace or repair the rib/rudder torque tube assembly. This AD is the 
result of reports of rudder tube corrosion. The actions specified by 
this AD are intended to detect and correct corrosion in the rudder 
torque tube assembly and rudder rib, which could result in failure of 
the rudder torque tube. This failure could lead to loss of rudder 
control.

DATES: This AD becomes effective on February 9, 2004.
    As of February 9, 2004, the Director of the Federal Register 
approved the incorporation by reference of certain publications listed 
in the regulation.

ADDRESSES: You may get the service information referenced in this AD 
from The New Piper Aircraft, Inc., Customer Services, 2926 Piper Drive, 
Vero Beach, Florida 32960; telephone: (772) 567-4361; facsimile: (772) 
978-6584.
    You may view this information at the Federal Aviation 
Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 2003-CE-03-AD, 901 Locust, Room 506, 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 O. Herderich, Aerospace 
Engineer, FAA, Atlanta Aircraft Certification Office, One Crown Center, 
1895 Phoenix Boulevard, Suite 450, Atlanta, Georgia 30349; telephone: 
(770) 703-6082; facsimile: (770) 703-6097.

SUPPLEMENTARY INFORMATION: 

Discussion

    What events have caused this AD? The FAA has received several 
reports of rudder tube and rib corrosion on Piper PA-31 Series 
airplanes. The area surrounding the rudder torque tube assembly and 
rudder rib does not have a means or access to inspect in this area and 
neither means nor exits for water to drain out.
    What is the potential impact if FAA took no action? Corrosion in 
the rudder torque tube assembly and rudder rib could result in failure 
of the rudder torque tube. This failure could lead to loss of rudder 
control.
    Has FAA taken any action to this point? We issued a proposal to 
amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to 
include an AD that would apply to all 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 airplanes. This proposal was published in the Federal 
Register as a notice of proposed rulemaking (NPRM) on June 3, 2003 (68 
FR 33030). The NPRM proposed to require you to install an inspection 
hole, conduct a detailed visual inspection of the rudder torque tube 
and associated ribs for corrosion, and, if corrosion is found, replace 
the rib/rudder torque tube assembly.

Comments

    Was the public invited to comment? We provided the public the 
opportunity to participate in the development of this AD. The following 
presents the comments received on the proposal and FAA's response to 
each comment:

Comment Issue No. 1: Extend the Compliance Time

    What is the commenter's concern? A commenter recommends extending 
the compliance time from 100 hours time-in-service (TIS) to 150 hours 
TIS. The commenter states that the extension is necessary due to a 
reported lack of parts and the difficulty in scheduling involved with 
AD compliance.
    What is FAA's response to the concern? The FAA agrees that 150 
hours TIS would be a more realistic compliance time.
    We are changing the final rule AD action accordingly.

Comment Issue No. 2: Allow Option to Repair Parts

    What is the commenter's concern? The commenter recommends the 
following: if you find ``light corrosion'' or ``corrosion that could 
significantly weaken the rib/rudder torque tube assembly that is less 
than 50 percent of the thickness over an area less than two square 
inches' then you may clean up, repair, and coat the corroded area to 
prevent further damage and continue the part in service.
    What is FAA's response to the concern? The FAA is currently unaware 
of any approved repair design for the rib/rudder torque tube assembly. 
However, FAA has no objection to operation of aircraft with parts that 
have been repaired or reworked per an FAA-approved repair design.
    Therefore, we are changing the final rule AD action to provide the 
option of repairing with an FAA-approved design.

Comment Issue No. 3: Special Flight Permits Are Not Addressed in the 
NPRM

    What is the commenter's concern? The commenter states that since 
special flight permits are not addressed in the NPRM, the current 14 
CFR part 39 applies and that there is no restriction against issuing a 
special flight permit.
    What is FAA's response to the concern? On July 10, 2002, the FAA 
published a new version of 14 CFR part 39 (67 FR 47997, July 22, 2002), 
which governs the FAA's AD system. This regulation now includes 
material that

[[Page 67589]]

relates to special flight permits. This material previously was 
included in each individual AD. Since this material is included in 14 
CFR part 39, we did not include it in this AD action.
    We are not making any changes to the final rule AD action.

Comment Issue No. 4: Allow an Alternate Method of Inspection

    What is the commenter's concern? The commenter suggests an 
alternative to installing an inspection hole in the rudder skin for the 
rudder torque tube assembly. This alternative method of inspection is 
to use the tooling hole in the rudder bottom rib since this is 
convenient and does not contribute to corrosion. Further, you could 
enlarge the tooling hole to ease use of inspection tools.
    What is FAA's response to the concern? The FAA agrees that the 
proposed alternative use of the tooling hole (with optional 
enlargement) in the rudder bottom rib is an acceptable substitute to 
installing an access hole.
    We are changing the final rule AD action accordingly.

Comment Issue No. 5: Allow Application of Corrosion Inhibitor

    What is the commenter's concern? The commenter recommends allowing 
application of rust inhibitor compound.
    What is FAA's response to the concern? The application of rust 
inhibitor compound to the contact surfaces is identified in Piper 
Service Bulletin No. 1105A, dated September 22, 2003. As a minor 
correction, we are also noting to protect bare metal per Section 8, FAA 
Advisory Circular (AC) 43.13-1B.
    We are incorporating the referenced correction in the final rule AD 
action.

Conclusion

    What is FAA's final determination on this issue? We have carefully 
reviewed the available data and determined that air safety and the 
public interest require adopting the AD as proposed except for the 
changes discussed above and minor editorial corrections. We have 
determined that these changes and minor corrections:

--Are consistent with the intent that was proposed in the NPRM for 
correcting the unsafe condition; and
--Do not add any additional burden upon the public than was already 
proposed in the NPRM.

Changes to 14 CFR Part 39--Effect on the AD

    How does the revision to 14 CFR part 39 affect this AD? On July 10, 
2002, the FAA published a new version of 14 CFR part 39 (67 FR 47997, 
July 22, 2002), which governs the FAA's AD system. This regulation now 
includes material that relates to altered products, special flight 
permits, and alternative methods of compliance. This material 
previously was included in each individual AD. Since this material is 
included in 14 CFR part 39, we will not include it in future AD 
actions.

Costs of Compliance

    How many airplanes does this AD impact? We estimate that this AD 
affects 2,269 airplanes in the U.S. registry.
    What is the cost impact of this AD on owners/operators of the 
affected airplanes?
    We estimate the following costs to accomplish the installation of 
inspection and drain holes and inspection of torque tube and associated 
ribs for corrosion:

----------------------------------------------------------------------------------------------------------------
                                                        Total cost per
            Labor cost                 Parts cost          airplane            Total cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
3 workhours x $60 per hour = $180.             $10                 $190   2,269 x $190 = $431,110
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to accomplish any necessary 
corrosion repairs/replacements of the rib/torque tube assembly that 
would be required based on the results of this proposed inspection. We 
have no way of determining the number of airplanes that may need this 
repair/replacement:

------------------------------------------------------------------------
                                                        Total cost per
            Labor cost                 Parts cost          airplane
------------------------------------------------------------------------
16 workhours x $60 per hour = $960            $800               $1,760
------------------------------------------------------------------------

Regulatory Findings

    Will this AD impact various entities? We have determined that this 
AD will not have federalism implications under Executive Order 13132. 
This AD 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.
    Will this AD involve a significant rule or regulatory action? For 
the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the 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.
    We prepared a summary of the costs to comply with this AD and 
placed it in the AD Docket. You may get a copy of this summary by 
sending a request to us at the address listed under ADDRESSES. Include 
``2003-CE-03-AD'' in your request.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under 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

0
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]

0
2. FAA amends Sec.  39.13 by adding a new AD to read as follows:


[[Page 67590]]


2003-24-07 The New Piper Aircraft, Inc.: Amendment 39-13376; Docket 
No. 2003-CE-03-AD.

When Does This AD Become Effective?

    (a) This AD becomes effective on February 9, 2004.

What Other ADs Are Affected by This Action?

    (b) None.

What Airplanes Are Affected by This AD?

    (c) This AD affects the following airplane models and serial 
numbers that are certificated in any category:

------------------------------------------------------------------------
                   Model                           Serial numbers
------------------------------------------------------------------------
PA-31, PA-31-300, PA-31-325...............  31-2 through 31-8312019
PA-31-350.................................  31-5001 through 31-8553002
PA-31P....................................  31P-1 through 31P-7730012
PA-31P-350................................  31P-8414001 through 31P-
                                             8414050
PA-31T....................................  31T-7400001 through 31T-
                                             8120104
PA-31T1...................................  31T-7804001 through 31T-
                                             1104017
PA-31T2...................................  31T-8166001 through 31T-
                                             1166008
PA-31T3...................................  31T-8275001 through 31T-
                                             5575001
------------------------------------------------------------------------

What Is the Unsafe Condition Presented in This AD?

    (d) This AD is the result of reports of rudder tube corrosion. 
The actions specified by this AD are intended to detect and correct 
corrosion in the rudder torque tube assembly and rudder rib, which 
could result in failure of the rudder torque tube. This failure 
could lead to loss of rudder control.

What Must I Do to Address This Problem?

    (e) To address this problem, you must accomplish the following:

------------------------------------------------------------------------
             Actions                  Compliance          Procedures
------------------------------------------------------------------------
(1) Install an inspection hole    Within the next     Install an
 in the rudder skin for the        150 hours time-in-  inspection hole
 rudder torque tube assembly; OR   service (TIS)       per The New Piper
 instead of installing an          after February 9,   Aircraft, Inc.
 inspection hole, use the          2004 (the           Service Bulletin
 tooling hole in the rudder        effective date of   No. 1105A, dated
 bottom rib. You may enlarge the   this AD), unless    September 22,
 diameter of the tooling hole no   already             2003. Protect
 more than 0.25 inches to          accomplished.       bare metal per
 facilitate inspection and                             Section 8, FAA
 corrosion treatment.                                  Advisory Circular
                                                       (AC) 43.13-1B.
(2) Visually inspect the rudder   Before further      Follow The New
 torque tube and associated ribs   flight after the    Piper Aircraft,
 for corrosion.                    installation        Inc. Service
                                   required in         Bulletin No.
                                   paragraph (e)(1)    1105A, September
                                   of this AD and      22, 2003.
                                   thereafter at
                                   intervals not to
                                   exceed 12
                                   calendar months.
(3) If you find corrosion         Before further      Follow The New
 damage:.                          flight after any    Piper Aircraft,
(i) Replace the rib/rudder         inspection          Inc. Service
 torque assembly; OR.              required in         Bulletin No.
(ii) Repair the damaged torque     paragraph (e)(2)    1105A, dated
 tube using an FAA-approved        of this AD where    September 22,
 repair design.                    corrosion damage    2003. Repairs
                                   is found.           must address
                                                       items in
                                                       paragraph (f) of
                                                       this AD and may
                                                       be approved per
                                                       FAA Order 8300.10
                                                       (Volume 2,
                                                       Chapter 1),
                                                       Airworthiness
                                                       Inspector's
                                                       Handbook.
------------------------------------------------------------------------

    (f) All repairs must address the following:
    (1) Detect hidden corrosion damage:
    (i) In the faying surface between the rudder ribs and torque 
tube assembly attachments.
    (ii) Inside the bore of the torque tube.
    (2) Establish procedures for removing corrosion or for corrosion 
prevention of repaired parts. Advisory Circular (AC) 43.13-1B 
Acceptable Methods, Techniques, and Practices-Aircraft Inspection 
and Repair, and AC 43-4A, Corrosion Control for Aircraft, provide 
resources for establishment of these procedures.
    (3) For repairs involving material removal without 
reinforcement: Define a clear, accurate, and complete description of 
negligible damage limits. Note that acceptable amounts of material 
removal may be location-dependent. Higher-stressed areas will be 
less tolerant of material removal.
    (4) For all repairs involving reinforcement: A clear, accurate, 
and complete description of the repair design must be established 
per 14 CFR part 21.31.
    (5) Verify that all repairs follow Subpart C--Strength 
Requirements and Subpart D--Design and Construction of Civil 
Aviation Regulations (CAR) 3, dated May 15, 1956 (the original 
certification basis for the Piper PA-31 Series as shown in type 
certificate data sheets A8EA and A20SO).

May I Request an Alternative Method of Compliance?

    (g) You may request a different method of compliance or a 
different compliance time for this AD by following the procedures in 
14 CFR 39.13. Send your request to the Manager, Atlanta Aircraft 
Certification Office (ACO), FAA. For information on any already 
approved alternative methods of compliance, contact William O. 
Herderich, Aerospace Engineer, FAA, Atlanta ACO, One Crown Center, 
1895 Phoenix Boulevard, Suite 450, Atlanta, Georgia 30349; 
telephone: (770) 703-6082; facsimile: (770) 703-6097.

Does This AD Incorporate Any Material by Reference?

    (h) You must do the actions required by this AD following the 
instructions in The New Piper Aircraft, Inc. Service Bulletin No. 
1105A, dated September 22, 2003. The Director of the Federal 
Register approved the incorporation by reference of this service 
bulletin per 5 U.S.C. 552(a) and 1 CFR part 51. You may get a copy 
from The New Piper Aircraft, Inc., Customer Services, 2926 Piper 
Drive, Vero Beach, Florida 32960; telephone: (772) 567-4361; 
facsimile: (772) 978-6584. You may review copies at FAA, Central 
Region, Office of the Regional Counsel, 901 Locust, Room 506, Kansas 
City, Missouri 64106; or at the Office of the Federal Register, 800 
North Capitol Street, NW., suite 700, Washington, DC.

    Issued in Kansas City, Missouri, on November 24, 2003.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-29871 Filed 12-2-03; 8:45 am]
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