Federal Register / Vol. 61, No. 96 / Thursday, May 16, 1996 / Rules and Regulations 24691

accordance with Executive Order 12612,

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

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)

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 final evaluation has

been prepared for this action and it is

contained in the Rules Docket. A copy

of it may be obtained from the Rules

Docket at the location provided under

the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Incorporation by reference,

Safety.

Adoption of the Amendment

Accordingly, pursuant to 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

1. The authority citation for part 39

continues to read as follows:

Authority: 49 USC 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

96–10–18 Airbus: Amendment 39–9625.

Docket 95–NM–198–AD.

Applicability: Model A320–111, –211,

–212, and –231 series airplanes, on which

Airbus Modification 23573 (Airbus Service

Bulletin A320–32–1119, Revision 1, dated

June 13, 1994), has not been installed;

certificated in any category.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

otherwise 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 (b) 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 the unsafe condition has not

been eliminated, the request should include

specific proposed actions to address it.

Compliance: Required as indicated, unless

accomplished previously.

To prevent collapse of the main landing

gear (MLG) during landing, due to failure of

the forward pintle pin cross bolt, accomplish

the following:

(a) Remove the existing forward pintle nut

and cross bolt; and install a new nylon spacer

and post-mod cross bolt and nut of the MLG,

in accordance with Airbus Service Bulletin

A320–32–1119, Revision 1, dated June 13,

1994, at the later of the times specified in

paragraphs (a)(1) and (a)(2) of this AD.

(1) Prior to the accumulation of 20,000

total landings, or at the next main landing

gear overhaul, whichever occurs first.

(2) Within 500 landings after the effective

date of this AD.

Note 2: The Airbus service bulletin

references Dowty Aerospace Service Bulletin

200–32–194, Revision 1, dated October 4,

1993, as an additional source of service

information for accomplishment of these

procedures.

(b) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager,

Standardization Branch, ANM–113, FAA,

Transport Airplane Directorate. Operators

shall submit their requests through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, Standardization

Branch, ANM–113.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Standardization Branch,

ANM–113.

(c) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the airplane to

a location where the requirements of this AD

can be accomplished.

(d) The removal and installation shall be

done in accordance with Airbus Service

Bulletin A320–32–1119, Revision 1, dated

June 13, 1994. This incorporation by

reference was approved by the Director of the

Federal Register in accordance with 5 U.S.C.

552(a) and 1 CFR part 51. Copies may be

obtained from Airbus Industrie, 1 Rond Point

Maurice Bellonte, 31707 Blagnac Cedex,

France. Copies may be inspected at the FAA,

Transport Airplane Directorate, 1601 Lind

Avenue SW., Renton, Washington; or at the

Office of the Federal Register, 800 North

Capitol Street NW., suite 700, Washington,

DC.

(e) This amendment becomes effective on

June 20, 1996.

Issued in Renton, Washington, on May 9,

1996.

S.R. Miller,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 96–12146 Filed 5–15–96; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 90–CE–61–AD; Amendment 39–

9620; AD 96–10–13]

RIN 2120–AA64

Airworthiness Directives; the New

Piper Aircraft, Inc. (Formerly Piper

Aircraft Corporation) Models PA31T,

PA31T1, PA31T2, and PA31T3

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment supersedes

Airworthiness Directive (AD) 84–08–06,

which currently requires the following

on certain The New Piper Aircraft, Inc.

(Piper) Models PA31T, PA31T1,

PA31T2, and PA31T3 airplanes:

repetitively inspecting the fuselage

station (FS) 332 bulkhead for cracks,

and reinforcing or replacing the FS 332

bulkhead if cracks are found. The

Federal Aviation Administration’s

policy on aging commuter-class aircraft

is to eliminate or, in certain instances,

reduce the number of certain repetitive

short-interval inspections when

improved parts or modifications are

available. This action retains the current

repetitive inspections contained in AD

84–08–06, and requires incorporating a

stabilizer forward spar attachment

bulkhead reinforcement kit or installing

a reinforced bulkhead assembly as

terminating action for the repetitive

inspection requirement. The actions

specified in this AD are intended to

prevent structural failure of the

horizontal stabilizer and the aft fuselage

attachment caused by cracks in the FS

332 bulkhead, which, if not detected

and corrected, could result in loss of

control of the airplane.

DATES: Effective June 27, 1996.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of June 27,

1996.

ADDRESSES: Service information that

applies to this AD may be obtained from

The New Piper Aircraft, Inc., Customer

Services, 2926 Piper Drive, Vero Beach,

Florida 32960. This information may

also be examined at the Federal

Aviation Administration (FAA), Central

Region, Office of the Assistant Chief

Counsel, Attention: Rules Docket 90–

CE–61–AD, Room 1558, 601 E. 12th

Street, 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:

Christina Marsh, Aerospace Engineer,
24692 Federal Register / Vol. 61, No. 96 / Thursday, May 16, 1996 / Rules and Regulations

FAA, Atlanta Aircraft Certification

Office, Campus Building, 1701

Columbia Avenue, suite 2–160, College

Park, Georgia 30337–2748; telephone

(404) 305–7362; facsimile (404) 305–

7348.

SUPPLEMENTARY INFORMATION:

Events Leading to the AD

A proposal to amend part 39 of the

Federal Aviation Regulations (14 CFR

part 39) to include an AD that would

apply to Piper Models PA31T, PA31T1,

PA31T2, and PA31T3 airplanes was

published in the Federal Register on

January 19, 1996 (61 FR 1303). The

action proposed to supersede AD 84–

08–06 with a new AD that would (1)

retain the requirement of repetitively

inspecting the FS 332 bulkhead for

cracks, reinforcing the FS 332 bulkhead

(Piper Kit 764–983) if any crack is found

that does not exceed certain limits, and

replacing the bulkhead assembly with a

reinforced bulkhead assembly (part

number 45583–16 or 45583–17) if any

crack is found that exceeds certain

limits; and (2) require incorporating a

stabilizer forward spar attachment

bulkhead reinforcement (Piper Kit 764–

983) or a reinforced bulkhead assembly

(part number 45583–16 or 45583–17) as

terminating action for the repetitive

inspection requirement.

Accomplishment of the proposed

inspections would be in accordance

with Piper Service Bulletin No. 773A,

dated May 3, 1984. The incorporation of

Piper Kit 764–983 would be

accomplished in accordance with the

instructions to this kit (Revised June 18,

1990), and the reinforced bulkhead

installations would be accomplished in

accordance with the applicable

maintenance manual.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. No

comments were received on the

proposed rule or the FAA’s

determination of the cost to the public.

After careful review of all available

information related to the subject

presented above, the FAA has

determined that air safety and the

public interest require the adoption of

the rule as proposed except for minor

editorial corrections. The FAA has

determined that these minor corrections

will not change the meaning of the AD

and will not add any additional burden

upon the public than was already

proposed.

Cost Impact

The FAA estimates that 736 airplanes

in the U.S. registry will be affected by

this AD, that it will take approximately

60 workhours per airplane to

accomplish the required replacement,

and that the average labor rate is

approximately $60 an hour. Parts cost

approximately $782 per airplane. Based

on these figures, the total cost impact of

this AD on U.S. operators is estimated

to be $3,225,152 or $4,382 per airplane.

This figure is based on the assumption

that no affected airplane owner/operator

has accomplished the required

replacement.

Piper has informed the FAA that parts

have been distributed to enough

owners/operators to equip 348 of the

affected airplanes. Assuming that each

set of parts has been installed on an

affected airplane, the cost impact of this

AD upon U.S. owners operators of the

affected airplanes is reduced by

$1,524,936 from $3,225,152 to

$1,700,216.

The FAA’s Aging Commuter Class

Aircraft Policy

This AD is part of the FAA’s aging

commuter class airplane 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.

The intent of the FAA’s aging

commuter airplane program is to ensure

safe operation of commuter-class

airplanes that are in commercial service

without adversely impacting private

operators. The FAA believes that a large

number of the remaining 388 affected

airplanes (736 affected airplanes—348

sets of parts distributed) that will be

affected by the required modification

AD are operated in various types of air

transportation. This includes scheduled

passenger service, air cargo, and air taxi.

This AD allows 600 hours time-inservice (TIS) after the effective date of

this AD before mandatory

accomplishment of the design

modification. The average utilization of

the fleet for those airplanes in air

transportation is between 25 to 40 hours

TIS per week. Based on these figures,

operators of commuter-class airplanes

involved in commercial operation will

have to accomplish the required

modification within four to six months

after this AD becomes effective. For

private owners, who typically operate

between 100 to 200 hours TIS per year,

this will allow three to six years before

the required modification will be

mandatory.

The FAA established the 600 hours

TIS replacement compliance time based

on its engineering evaluation of the

problem. Among the issues examined in

this engineering evaluation were

analysis of service difficulty reports, the

difficulty level of the inspection, and

how critical the situation would be if

cracks occurred in the subject area

despite accomplishment of the

repetitive inspections.

Usually, the FAA establishes the

mandatory design modification

compliance time on AD’s affecting aging

commuter-class airplanes upon the

accumulation of a certain number of

hours TIS on the airplane. For this

action, the FAA is mandating the

modification for all operators ‘‘within

the next 600 hours TIS after the effective

date of this AD.’’ The total TIS levels of

the airplane fleet vary from under 1,000

hours TIS to over 5,000 hours TIS, and

annual accumulation rates vary from 50

hours TIS to over 1,000 hours TIS.

Establishing a long-term set compliance

time of hours TIS accumulated on Piper

Models PA31T, PA31T1, PA31T2, and

PA31T3 airplanes (such as 5,000 hours

TIS) imposes an undue burden on the

manufacturer of having to maintain a

supply of replacement parts for the

entire fleet when many airplanes in the

fleet may never reach this compliance

time.

Instead, the FAA believes that Piper

should maintain parts for several years;

in this case about six years to allow lowusage airplanes time to accumulate the

600 hours after the effective date of the

AD. The FAA has determined that the

compliance time of this rule provides

the level of safety required for

commuter air service while still

minimizing the impact on the private

airplane owners of Piper Models PA31T,

PA31T1, PA31T2, and PA31T3

airplanes.

Regulatory Impact

The regulations adopted herein will

not have substantial direct effects 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, in

accordance with Executive Order 12612,

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

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)

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 final

evaluation prepared for this action is
Federal Register / Vol. 61, No. 96 / Thursday, May 16, 1996 / Rules and Regulations 24693

contained 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, Incorporation by reference,

Safety.

Adoption of the Amendment

Accordingly, pursuant to 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

1. The authority citation for part 39

continues to read as follows:

Authority: 49 USC 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

removing Airworthiness Directive (AD)

84–08–06, Amendment 39–4851, and by

adding a new AD to read as follows:

96–10–13 The New Piper Aircraft, Inc.

(formerly Piper Aircraft Corporation):

Amendment 39–9620; Docket No. 90–

CE–61–AD. Supersedes AD 84–08–06,

Amendment 39–4851.

Applicability: The following model and

serial number airplanes, certificated in any

category, that do not have either Piper Kit

764–983 (stabilizer forward spar attachment

bulkhead reinforcement) incorporated at

Fuselage Station (FS) 332 or have a part

number (P/N) 45583–16 or P/N 45583–17

bulkhead assembly installed:

Models Serial No.

PA31T ....... 31T–7400002 through 31T–

8120104.

PA31T1 ..... 31T–7804001 through 31T–

8104101, 31T–8304003, and

31T–1104004 through 31T–

1104007.

PA31T2 ..... 31T–8166001 through 31T–

8166032, 31T–8166034

through 31T–8166065, 31T–

8166067 through 31T–

8166071, and 31T–8166073

through 31T–8166075.

PA31T3 ..... 31T–8275001, 31T–8275003

through 31T–8275012, 31T–

8275014 through 31T–

8275017, 31T–8275025, and

31T–8375001 through 31T–

8375005.

Note 1: 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 (h) 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 the unsafe condition has not

been eliminated, the request should include

specific proposed actions to address it.

Compliance: Required as indicated in the

body of this AD, unless already

accomplished.

To prevent structural failure of the

horizontal stabilizer and the aft fuselage

attachment caused by cracks in the FS 332

bulkhead, which, if not detected and

corrected, could result in loss of control of

the airplane, accomplish the following:

(a) Within the next 200 hours time-inservice (TIS) after the effective date of this

AD, unless already accomplished

(compliance with AD 84–08–06), and

thereafter at intervals not to exceed 200 hours

TIS until the modification required by

paragraph (c), (d), or (e) of this AD is

incorporated, inspect (using dye penetrant

methods) the FS 332 bulkhead for cracks.

Accomplish the inspections in accordance

with the INSTRUCTIONS section of Piper

Service Bulletin (SB) No. 773A, dated May 3,

1984.

(b) The initial dye penetrant inspection

type must be utilized for all future repetitive

inspections. Dye penetrant inspection types

consist of Type I: fluorescent; Type II: nonfluorescent or visible dye; and Type III: dual

sensitivity.

(c) If cracks are found during any of the

inspections required in paragraph (a) of this

AD and no crack exceeds the limitations

specified in Piper SB No. 773A, dated May

3, 1984, prior to further flight, repair the

cracks in accordance with Piper SB No.

773A, dated May 3, 1984, and reinforce the

FS 332 bulkhead by incorporating Piper Kit

764–983 in accordance with the instructions

to Piper Kit 764–983, Revised June 18, 1990.

(d) If cracks are found during any of the

inspections required in paragraph (a) of this

AD and any crack exceeds the limitations

specified in Piper SB No. 773A, dated May

3, 1984, prior to further flight, replace the

bulkhead assembly with a reinforced

bulkhead assembly, P/N 45583–16 or P/N

45583–17. Accomplish this replacement in

accordance with the applicable maintenance

manual.

(e) Upon the accomplishment of the third

repetitive inspection required by this AD

(600 hours TIS after the effective date of this

AD), unless already accomplished as

required by paragraph (c) or (d) of this AD,

accomplish one of the following, as

applicable:

(1) If cracks are found and no crack

exceeds the limitations specified in Piper SB

No. 773A, dated May 3, 1984, repair the

cracks in accordance with Piper SB No.

773A, dated May 3, 1984, and reinforce the

FS 332 bulkhead by incorporating Piper Kit

764–983 in accordance with the instructions

to Piper Kit 764–983, Revised June 18, 1990;

(2) If cracks are found and any crack

exceeds the limitations specified in Piper SB

No. 773A, dated May 3, 1984, replace the

bulkhead assembly with a reinforced

bulkhead assembly, P/N 45583–16 or P/N

45583–17, in accordance with the applicable

maintenance manual; or

(3) If no cracks are found, either reinforce

the FS 332 bulkhead by incorporating Piper

Kit 764–983 in accordance with the

instructions to Piper Kit 764–983, Revised

June 18, 1990; or replace the bulkhead

assembly with a reinforced bulkhead

assembly, P/N 45583–16 or P/N 45583–17, in

accordance with the applicable maintenance

manual.

(f) Incorporating Piper Kit 764–983 or

installing reinforced bulkhead assembly, P/N

45583–16 or P/N 45583–17, as required by

paragraphs (c) and (d) or (e) of this AD is

considered terminating action for the

repetitive inspection requirement of this AD.

(g) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the airplane to

a location where the requirements of this AD

can be accomplished.

(h) An alternative method of compliance or

adjustment of the compliance time that

provides an equivalent level of safety may be

approved by the Manager, Atlanta Aircraft

Certification Office (ACO), Campus Building,

1701 Columbia Avenue, suite 2–160, College

Park, Georgia 30337–2748. The request shall

be forwarded through an appropriate FAA

Maintenance Inspector, who may add

comments and then send it to the Manager,

Atlanta ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Atlanta ACO.

Note 3: Alternative methods of compliance

approved in accordance with AD 84–08–06

(superseded by this action) are not

considered approved as alternative methods

of compliance with this AD.

(i) The inspections and possible repair

required by this AD shall be done in

accordance with Piper Service Bulletin No.

773A, dated May 3, 1984. The reinforcement

required by this AD shall be done in

accordance with the instructions to Piper Kit

764–983, Revised June 18, 1990. This

incorporation by reference was approved by

the Director of the Federal Register in

accordance with 5 U.S.C. 552(a) and 1 CFR

part 51. Copies may be obtained from The

New Piper Aircraft, Inc., 2926 Piper Drive,

Vero Beach, Florida 32960. Copies may be

inspected at the FAA, Central Region, Office

of the Assistant Chief Counsel, Room 1558,

601 E. 12th Street, Kansas City, Missouri, or

at the Office of the Federal Register, 800

North Capitol Street NW., suite 700,

Washington, DC.

(j) This amendment (39–9620) supersedes

AD 84–08–06, Amendment 39–4851.

(k) This amendment (39–9620) becomes

effective on June 27, 1996.

Issued in Kansas City, Missouri, on May 8,

1996.

Henry A. Armstrong,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 96–12141 Filed 5–15–96; 8:45 am]

BILLING CODE 4910–13–P