[Federal Register Volume 88, Number 193 (Friday, October 6, 2023)]
[Proposed Rules]
[Pages 69556-69558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22259]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1893; Project Identifier AD-2023-00389-A]
RIN 2120-AA64


Airworthiness Directives; FS 2001 Corp, FS 2002 Corporation, FS 
2003 Corporation, Piper, and Piper Aircraft, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain FS 2001 Corp, FS 2002 Corporation, FS 2003 Corporation, 
Piper, and Piper Aircraft, Inc. (Piper) airplanes. This proposed AD was 
prompted by reports of broken rudders. This proposed AD would require 
replacing any rudder equipped with a rudder post made from a certain 
carbon steel with a rudder equipped with a rudder post made from a 
certain low-alloy steel. The FAA is proposing this AD to address the 
unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by November 
20, 2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov by 
searching for and locating Docket No. FAA-2023-1893; or in person at 
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The AD docket contains this NPRM, any comments 
received, and other information. The street address for Docket 
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Joseph Zuklic, Aviation Safety 
Engineer, FAA, 2200 South 216th Street, Des Moines, WA 98198; phone: 
(206) 231-3858; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2023-1893; Project Identifier 
AD-2023-00389-A'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to 
Joseph Zuklic, Aviation Safety Engineer, FAA, 2200 South 216th Street, 
Des Moines, WA 98198. Any commentary that the FAA receives which is not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.

Background

    The FAA received reports of two non-fatal accidents involving 
airplanes designed and built by Piper that were caused by broken rudder 
posts that structurally failed above the upper hinge in flight. Both 
accidents occurred in Anchorage, Alaska. The first accident occurred on 
June 8, 2020, and involved an FS 2003 Model PA-12 airplane and the 
second accident occurred on July 23, 2021, and involved an FS 2002 
Model PA-14 airplane. Both airplanes sustained substantial damage when 
the rudder structurally failed.
    The National Transportation Safety Board (NTSB) published the 
report Structural Failure of Piper Part Number 40622 Rudder Posts Made 
of 1025 Carbon Steel, NTSB/AIR-22/02, dated January 10, 2022, which 
provides information regarding the NTSB's investigations of these two 
accidents. The NTSB accident investigation report included a 
recommendation (Safety Recommendation No. A-22-3) to the FAA to issue 
an airworthiness directive addressing this unsafe condition. The NTSB 
report can be found on ntsb.gov.
    The NTSB examined the rudders involved in these accidents and 
determined that the rudder posts fractured above the upper hinge and 
the top portion of the rudder folded over the upper tail brace wires. 
The NTSB also determined that the rudder posts were made from 1025 
carbon steel and fractured due to fatigue.
    Prior to this proposed rulemaking action the FAA issued an 
Airworthiness Concern Sheet, dated September 4, 2020, that requested 
information from the aviation community regarding in-flight failure of 
the rudder just above the upper hinge on all Piper and FS2003 Corp 
(type certificate previously held by Piper) Model J-5A, J-5B, J-5C, J-
5D, AE-1, HE-1, PA-12, PA-12S, PA-14, PA-16, PA-18, L-21, PA-20, and 
PA-22 airplanes. The responses revealed that there were five additional 
broken rudder incidents dating as far back as 1979.

[[Page 69557]]

    Prior to 1974, all rudders installed on Piper model airplanes were 
equipped with rudder posts manufactured from 1025 carbon steel and 
starting in 1974, the rudder posts were manufactured from 4130N low-
alloy steel (Chromoly). Most parts manufacturer approval rudders are 
equipped with rudder posts made from 4130N low-alloy steel.
    The NTSB determined that the broken rudder incidents resulted from 
the combination of fatigue loading and corrosion affecting the rudder 
assemblies made from 1025 carbon steel. This condition, if not 
addressed, could result in a broken rudder and consequent reduced 
ability of the flightcrew to maintain the safe flight and landing of 
the airplane.

FAA's Determination

    The FAA is issuing this NPRM after determining that the unsafe 
condition described previously is likely to exist or develop on other 
products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require replacing any rudder equipped with a 
rudder post made from 1025 carbon steel with a rudder equipped with a 
rudder post made from 4130N low-alloy steel.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 30,992 airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this proposed 
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                  Cost on U.S.
              Action                    Labor cost           Parts cost     Cost per  product      operators
----------------------------------------------------------------------------------------------------------------
Replace rudder...................  8 work-hours x $85               $2,320             $3,000        $92,976,000
                                    per hour = $680.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: General requirements. 
Under that section, Congress charges the FAA with promoting safe flight 
of civil aircraft in air commerce by prescribing regulations for 
practices, methods, and procedures the Administrator finds necessary 
for safety in air commerce. This regulation is within the scope of that 
authority because it addresses an unsafe condition that is likely to 
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

FS 2001 Corp, FS 2002 Corporation, FS 2003 Corporation, Piper, and 
Piper Aircraft, Inc.: Docket No. FAA-2023-1893; Project Identifier 
AD-2023-00389-A.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by November 20, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all airplane models specified in Table 1 to 
paragraph (c) of this AD, certificated in any category, that are not 
equipped with a rudder having a rudder post made from 4130N low-
alloy steel.
    Note 1 to paragraph (c): Most parts manufacturer approval (PMA) 
rudders are equipped with a rudder post made from 4130N low-alloy 
steel. This can be verified by reviewing the individual PMA.
    Note 2 to paragraph (c): Piper Service Bulletin 1379, dated 
December 2, 2022, contains information related to this AD.

          Table 1 to Paragraph (c)--Applicable Airplane Models
------------------------------------------------------------------------
      Type certificate holder                  Airplane model
------------------------------------------------------------------------
FS 2001 Corp......................  J5A (Army L-4F), J5A-80, J5B (Army L-
                                     4G), J5C, AE-1, HE-1.
FS 2002 Corporation...............  PA-14.
FS 2003 Corporation...............  PA-12, PA-12S.
Piper Aircraft, Inc...............  J3C-40, J3C-50, J3C-50S, J3C-65, J3C-
                                     65S, PA-11, PA-11S.
Piper Aircraft, Inc...............  J3F-50, J3F-50S, J3F-60, J3F-60S,
                                     (Army L-4D) J3F-65, J3F-65S.
Piper Aircraft, Inc...............  J3L, J3L-S, J3L-65 (ARMY L-4C), J3L-
                                     65S.
Piper Aircraft, Inc...............  J4, J4A, J4A-S.
Piper Aircraft, Inc...............  J4E (ARMY L-4E).
Piper.............................  J4F.

[[Page 69558]]

 
Piper Aircraft, Inc...............  PA-15.
Piper Aircraft, Inc...............  PA-16, PA-16S.
Piper Aircraft, Inc...............  PA-17.
Piper Aircraft, Inc...............  PA-18, PA-18S, PA-18 ``105''
                                     (Special), PA-18S ``105''
                                     (Special), PA-18A, PA-18 ``125''
                                     (Army L-21A), PA-18S ``125'', PA-
                                     18AS ``125'', PA-18 ``135'' (Army L-
                                     21B), PA-18A ``135'', PA-18S
                                     ``135'', PA-18AS ``135'', PA-18
                                     ``150'', PA-18A ``150'', PA-18S
                                     ``150'', PA-18AS ``150'', PA-19
                                     (Army L-18C), PA-19S.
Piper Aircraft, Inc...............  PA-18A (Restricted), PA-18A ``135''
                                     (Restricted), PA-18A ``150''
                                     (Restricted).
Piper Aircraft, Inc...............  PA-20, PA-20S, PA-20 ``115'', PA-20S
                                     ``115'', PA-20 ``135'', PA-20S
                                     ``135''.
Piper Aircraft, Inc...............  PA-22, PA-22-108, PA-22-135, PA-22S-
                                     135, PA-22-150, PA-22S-150, PA-22-
                                     160, PA-22S-160.
------------------------------------------------------------------------

(d) Subject

    Joint Aircraft System Component (JASC) Code 5540, Rudder 
Structure.

(e) Unsafe Condition

    This AD was prompted by reports of broken rudders. The FAA is 
issuing this AD to address fatigue loading and corrosion of rudder 
posts made from 1025 carbon steel which, if not addressed, could 
result in a broken rudder and consequent reduced ability of the 
flightcrew to maintain the safe flight and landing of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions

    (1) At the applicable compliance time for the category type for 
your airplane specified in Table 2 to paragraph (g) of this AD, 
replace the rudder with a rudder that is equipped with a rudder post 
made from 4130N low-alloy steel.

               Table 2 to Paragraph (g)--Compliance Times
------------------------------------------------------------------------
           Airplane model              Category type     Compliance time
------------------------------------------------------------------------
J-3, J3C-40, J3C-50, J3C-50S, J3C-   Category I         Within 2 years
 65, J3C-65S, J3F-50, J3F-50S, J3F-   Airplanes:         after the
 60, J3F-60S, J3F-65 (Army L-4D),     Airplanes having   effective date
 J3F-65S, J3L, J3L-S, J3L-65 (ARMY    both a rudder      of this AD.
 L-4C), J3L-65S.                      post mounted
J-4, J4, J4A, J4A-S, J4E (ARMY L-     beacon light and
 4E), J4F.                            a 150 or greater
                                      horsepower (HP)
                                      engine installed.
PA-11, PA-11S.                       Category II        Within 3 years
PA-15.                                Airplanes:         after the
PA-16, PA-16S.                        Airplanes having   effective date
                                      either a rudder    of this AD.
                                      post mounted
                                      beacon light or
                                      a 150 or greater
                                      HP engine
                                      installed.
PA-17.                               Category III       Within 5 years
PA-18, PA-18S, PA-18 ``105''          Airplanes: All     after the
 (Special), PA-18S ``105''            other airplanes    effective date
 (Special), PA-18A, PA-18 ``125''     not in Category    of this AD.
 (Army L-21A), PA-18S ``125'', PA-    I or Category II
 18AS ``125'', PA-18 ``135'' (Army    that do not have
 L-21B), PA-18A ``135'', PA-18S       a rudder post
 ``135'', PA-18AS ``135'', PA-18      mounted beacon
 ``150'', PA-18A ``150'', PA-18S      light and have
 ``150'', PA-18AS ``150'', PA-18A     an engine less
 (Restricted), PA-18A ``135''         than 150 HP
 (Restricted), PA-18A ``150''         installed.
 (Restricted).
PA-19, PA-19 (Army L-18C), PA-19S.
PA-20, PA-20S, PA-20 ``115'', PA-
 20S ``115'', PA-20 ``135'', PA-20S
 ``135''.
PA-22, PA-22-108, PA-22-135, PA-22S-
 135, PA-22-150, PA-22S-150, PA-22-
 160, PA-22S-160.
J-5, J5A (Army L-4F), J5A-80, J5B
 (Army L-4G), J5C, AE-1, HE-1.
PA-12, PA-12S.
PA-14.
------------------------------------------------------------------------

    (2) As of the effective date of this AD, do not install any 
rudder that is equipped with a rudder post made from 1025 carbon 
steel on any airplane.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, West Certification Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the West Certification Branch, send it to 
the attention of the person identified in paragraph (i)(1) of this 
AD. Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(i) Related Information

    (1) For more information about this AD, contact Joseph Zuklic, 
Aviation Safety Engineer, FAA, 2200 South 216th Street, Des Moines, 
WA 98198; phone: (206) 231-3858; email: [email protected].
    (2) For service information identified in this AD that is not 
incorporated by reference, contact Piper Aircraft, Inc., 2926 Piper 
Drive, Vero Beach, FL 32960; phone: (772) 299-2141; website: 
piper.com. You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 901 
Locust, Kansas City, MO 64106. For information on the availability 
of this material at the FAA, call (817) 222-5110.

(j) Material Incorporated by Reference

    None.

    Issued on September 27, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-22259 Filed 10-5-23; 8:45 am]
BILLING CODE 4910-13-P