[Federal Register Volume 61, Number 97 (Friday, May 17, 1996)]
[Rules and Regulations]
[Pages 24881-24883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12389]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 90-CE-63-AD; Amendment 39-9622; AD 96-10-15]
RIN 2120-AA64


Airworthiness Directives; The New Piper Aircraft, Inc. (Formerly 
Piper Aircraft Corporation) Models PA31, PA31-300, PA31-325, and PA31-
350 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment supersedes Airworthiness Directive (AD) 80-14-
06, which currently requires the following on The New Piper Aircraft, 
Inc. (Piper) Models PA31, PA31-300, PA31-325, and PA31-350 airplanes: 
repetitively inspecting the outboard flap tracks, wing rib flanges, and 
the rear spar web at Wing Station (WS) 147.5 on each wing, and 
modifying the area at WS 147.5 on both wings if any cracks are found as 
terminating action for the repetitive inspection requirement. 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 repetitive 
inspection requirement of AD 80-14-06, and requires modifying the area 
at WS 147.5 on both wings as terminating action for the repetitive 
inspection requirement. The actions specified in this AD are intended 
to prevent structural failure under certain load conditions caused by 
cracked areas at WS 147.5, 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-63-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, 
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 PA31, 
PA31-300, PA31-325, and PA31-350 airplanes was published in the Federal 
Register on December 7, 1995 (60 FR 62779). The action proposed to 
supersede AD 80-14-06 with a new AD that would (1) retain the 
requirement of repetitively inspecting the outboard flap track, wing 
rib flanges, and the rear spar web at WS 147.5 for cracks, and, if any 
cracks are found, modifying the area at WS 147.5 by incorporating Piper 
Kit 763 986 as terminating action for the repetitive inspection 
requirement; and (2) require incorporating Piper Kit 763 986 at a 
specified hours TIS time-period for airplanes where no cracks were 
found during the inspections as terminating action for the repetitive 
inspection requirement. Accomplishment of the modification would be in 
accordance with the instructions included with Piper Kit 763 986, 
Revised April 15, 1991, as referenced in Piper SB No. 647A, dated 
November 24, 1980.
    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 2,906 airplanes in the U.S. registry will be 
affected by this AD, that it will take approximately 30 workhours per 
airplane to accomplish the required modification, and that the average 
labor rate is approximately $60 an hour. Parts cost approximately $468 
per airplane. Based on these figures, the total cost impact of the 
required modification on U.S. operators is estimated to be $6,590,808 
or $2,268 per airplane. This figure is based on the assumption that no 
affected airplane owner/operator has accomplished the required 
modification.
    Piper has informed the FAA that parts have been distributed to 
enough owners/operators to equip 234 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 $530,712 from $6,590,808 to 
$6,060,096.

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 2,672 affected 
airplanes (2,906 airplanes--234 sets of parts distributed) that will be 
affected by this AD are operated in various types of air 
transportation. This includes scheduled passenger service, air cargo, 
and air taxi.
    This AD allows 1,000 hours time-in-service (TIS) after the 
effective date of the 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 6 to 10 months after this AD becomes effective. For private 
owners, who typically operate between 100 to 200 hours TIS per year, 
this allows 5 to 10 years before the required modification is 
mandatory.
    The FAA established the 1,000 hours TIS modification compliance 
time based on its engineering evaluation of the problem. Among the 
issues examined during this engineering evaluation were analysis of 
service difficulty reports, the

[[Page 24882]]

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 1,000 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 a Piper Model PA31, PA31-
300, PA31-325, or PA31-350 airplane (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 10 years to allow low-usage airplanes 
time to accumulate the ``1,000 hours TIS after the effective date of 
the AD.'' The FAA has determined that the compliance time of this AD 
provides the level of safety required for commuter air service while 
still minimizing the impact on the private airplane owners of Piper 
Models PA31, PA31-300, PA31-325, and PA31-350 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 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 U.S.C 106(g), 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by removing Airworthiness Directive 
(AD) 80-14-06, Amendment 39-3805, and by adding a new AD to read as 
follows:

96-10-15  The New Piper Aircraft, Inc. (formerly Piper Aircraft 
Corporation): Amendment 39-9622; Docket No. 90-CE-63-AD. Supersedes 
AD 80-14-06, Amendment 39-3805.

    Applicability: The following model and serial number airplanes, 
certificated in any category, that do not have Piper Kit 763 986 
incorporated in the area of Wing Station (WS) 147.5:

------------------------------------------------------------------------
               Models                             Serial Nos.           
------------------------------------------------------------------------
PA31 and PA31-300...................  31-2 through 31-8012010.          
PA31-325............................  31-7512006 through 31-8012010.    
PA31-350............................  31-5001 through 31-8052025.       
------------------------------------------------------------------------

    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 (f) 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 under certain load conditions 
caused by cracked areas at WS 147.5, which, if not detected and 
corrected, could result in loss of control of the airplane, 
accomplish the following:
    (a) Within the next 100 hours time-in-service (TIS) after the 
effective date of this AD, unless already accomplished (compliance 
with AD 80-14-06), and thereafter at intervals not to exceed 100 
hours TIS until the modification required by paragraph (b) or (c) of 
this AD is incorporated, inspect the outboard flap tracks, wing rib 
flanges, and the rear spar web on both wings in the area of WS 147.5 
by accomplishing the following:
    (1) Lower the flaps to 40 degrees.
    (2) Inspect the attachment of the flap track rib to the rear 
spar on the inboard and outboard sides of the flap track using 10-
power magnification.
    (3) Remove the rectangular access plate from the bottom wing 
skin. The rectangular access plate is located forward of the wing 
spar at WS 153.
    (4) Inspect the WS 147.5 rib attachment angle using 10-power 
magnification.

    Note 2: The 100-hour TIS repetitive inspection interval was 
established to coincide with regularly scheduled maintenance.

    (b) If cracks are found during any of the inspections required 
in paragraph (a) of this AD, prior to further flight, incorporate 
Piper Kit 763 986 in accordance with the instructions included with 
Piper Kit 763 986, Revised April 15, 1991, as referenced in Piper SB 
No. 647A, dated November 24, 1980.
    (c) Within the next 1,000 hours TIS after the effective date of 
this AD, unless already accomplished as required by paragraph (b) of 
this AD, incorporate Piper Kit 763 986 in the area of WS 147.5. 
Accomplish this action in accordance with the instructions included 
with Piper Kit 763 986, Revised April 15, 1991, as referenced in 
Piper SB No. 647A, dated November 24, 1980.
    (d) Incorporating Piper Kit 763 986 as required by paragraphs 
(b) and (c) of this AD is considered terminating action for the 
repetitive inspection requirement of this AD.
    (e) 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.
    (f) An alternative method of compliance or adjustment of the 
initial or repetitive compliance times 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 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Atlanta ACO.

    Note 4: Alternative methods of compliance approved in accordance 
with AD 80-14-06 (superseded by this action) are not considered 
approved as alternative methods of compliance with this AD.


[[Page 24883]]


    (g) The modification required by this AD shall be done in 
accordance with the instructions included with Piper Kit 763 986, 
Revised April 15, 1991. 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.
    (h) This amendment (39-9622) supersedes AD 80-14-06, Amendment 
39-3805.
    (i) This amendment (39-9622) 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. 96-12389 Filed 5-16-96; 8:45 am]
BILLING CODE 4910-13-U