[Federal Register Volume 61, Number 87 (Friday, May 3, 1996)]
[Rules and Regulations]
[Pages 19811-19813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10911]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 95-CE-37-AD; Amendment 39-9608; AD 96-10-03]
[RIN 2120-AA64]


Airworthiness Directives; The New Piper Aircraft, Inc. (Formerly 
Piper Aircraft Corporation) PA28, PA32, PA34, and PA44 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to certain The New Piper Aircraft, Inc. (Piper) PA28, PA32, 
PA34, and PA44 series airplanes. This action will require inspecting 
and modifying the flap lever assembly. Reports of worn flap handle 
attach bolts and elongated holes in the flap lever to cable mounting 
attach point prompted this AD action. The actions specified by this AD 
are intended to prevent failure of the flap handle attach bolt and 
sudden retraction of the flaps, which, if not detected and corrected, 
could result in loss of control of the airplane.

DATES: Effective June 14, 1996.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of June 14, 1996.

ADDRESSES: Service information that applies to this AD may be obtained 
from The New Piper Aircraft, Inc., Attn: Customer Service, 2629 Piper 
Dr., 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 95-CE-37-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: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an AD that would apply 
to The New Piper Aircraft, Inc. (Piper) PA28, PA32, PA34, and PA44 
series airplanes was published in the Federal Register on October 13, 
1995 (60 FR 53314). The action proposed to require inspecting

[[Page 19812]]

and modifying the flap lever assembly. Accomplishment of the proposed 
action would be in accordance with Piper Service Bulletin (SB) No. 965, 
dated September 1, 1993.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
each comment received from two commenters.
    The first commenter recommends that the compliance time be changed 
to apply to aircraft with greater than 2,000 hours time-in-service 
(TIS) and require these aircraft to accomplish the modification within 
the next 500 hours TIS or 12 calendar months, whichever occurs first. 
The commenter acknowledges that the wear problem in the flap handle 
attach area is a widespread problem and has been dealt with by the 
industry for years. Industry's experience with the problem is that it 
progresses gradually over time; therefore, the immediacy of the 100 
hour TIS compliance time does not seem warranted. The commenter 
recommends the compliance time be changed to 500 hours TIS to coincide 
with commercial operators' inspection cycles and 12 calendar months to 
coincide with an individual owner/operator's annual inspection.
    The FAA recognizes the commenter's proposal, but the service 
difficulty reports reflect 73 reports from January 1990 to March 1995 
and from these 73 reports, 50 reports were submitted from the same 
commercial operator. The operator submitted a TIS range of 1200 to 2400 
hours TIS for the 50 occurrences in their fleet. The remaining 23 
reports contain TIS values ranging from 1884 to 5063. With this 
information, FAA could not determine the statistical distribution or 
fleet average. Subsequently, the FAA made a determination that a 
compliance time with a 2,000 hour TIS threshold or within the next 100 
hours TIS for those airplanes with greater than 2,000 hours TIS was 
reasonable and will not impose an undue burden on the affected owners/
operators. The compliance time remains unchanged as a result of the 
comment.
    The second commenter recommended that the standard part designation 
corresponding to the manufacturer's part number be included in the AD. 
The standard part designation is typically listed in the manufacturer's 
service publications and manuals.
    The commenter also states that the AD as proposed requires the 
installation of the Piper part numbers to comply with the AD. The Piper 
part numbers (P/N) are equivalent to the standard parts and therefore, 
the standard parts designation should also be listed as acceptable 
compliance to this AD action.
    The FAA concurs that the standard parts are equivalent to the Piper 
parts designated in this AD, with the exception of the bushing, Piper 
P/N 63900-174. The standard parts designation will be listed as 
equivalent parts in the Final Rule to permit AD compliance (with the 
exception of the bushing, Piper P/N 63900-174).
    The commenter also states that P/N 407 564 was listed incorrectly 
in the NPRM as P/N 407 584. The FAA concurs and the part number is 
corrected in the Final Rule.
    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.
    The FAA estimates that 30,000 airplanes in the U.S. registry will 
be affected by this AD, that it will take approximately 2 workhours per 
airplane to accomplish this action, and that the average labor rate is 
approximately $60 an hour. Parts cost approximately $16 per airplane. 
Based on these figures, the total cost impact of this AD on U.S. 
operators is estimated to be $4,080,000. This figure is based on the 
assumption that all of the affected airplanes have worn bolts and 
elongated holes and that none of the owners/operators of the affected 
airplanes have replaced the worn parts.
    Piper has informed the FAA that parts have been distributed to 
equip approximately 8,000 airplanes. Assuming that these distributed 
parts are incorporated on the affected airplanes, the cost of the 
proposed AD will be reduced by $1,088,000 from $4,080,000 to 
$2,992,000.
    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 USC 106(g), 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding a new airworthiness directive 
(AD) to read as follows:

96-10-03  The New Piper Aircraft, Inc. (formerly Piper Aircraft 
Corporation): Amendment No. 39-9608; Docket No. 95-CE-37-AD.

    Applicability: The following airplane models and serial numbers, 
certificated in any category:

------------------------------------------------------------------------
            Models                           Serial numbers             
------------------------------------------------------------------------
PA28-140.....................  28-20000 through 28-26946 and 28-7125001 
                                through 28-7725290.                     
PA28-150, PA28-160, and PA28-  28-1 through 28-5859, 28-7105001 through 
 180.                           28-7505259, 28-E13, and 28-03.          
PA28-151.....................  28-7415001 through 28-7715314.           
PA28-161.....................  28-7716001 through 28-8616057, 2816001   
                                through 2816102, and 2841001 through    
                                2841346.                                
PA28-181.....................  28-7690001 through 28-8690062 and 2890001
                                through 2890169.                        

[[Page 19813]]

                                                                        
PA28-235.....................  28-10001 through 28-11378, 28-7110001    
                                through 28-7710089, and 28-E11.         
PA28-236.....................  28-7911001 through 28-8611008 and 2811001
                                through 2811034.                        
PA28-201T....................  28-7921001 through 28-7921095.           
PA28R-180....................  28R-30001 through 28R-31270 and 28R-     
                                7130001 through 28R-7130013.            
PA28R-200....................  28R-35001 through 28R-35820 and 28R-     
                                7135001 through 28R-7635462.            
PA28R-201....................  28R-7737001 through 28R-7837319 and      
                                2837001 through 2837059.                
PA28R-201T...................  28R-7703001 through 28R-7803374 and      
                                2803001 through 2803012.                
PA28RT-201...................  28R-7918001 through 28R-8218026.         
PA28RT-201T..................  28R-7931001 through 28R-8631005 and      
                                2831001 through 2831038.                
PA32-260.....................  32-1 through 32-1297 and 32-7100001      
                                through 32-7800008.                     
PA32-300.....................  32-40000 through 32-40974 and 32-7140001 
                                through 32-7940290.                     
PA32-301.....................  32-8006001 through 32-8406020.           
PA32-301T....................  32-8024001 through 32-8424002.           
PA32R-300....................  32R-7680001 through 32R-7880068.         
PA32RT-300...................  32R-7885001 through 32R-7985105.         
PA32RT-300T..................  32R-7887001 through 32R-7987126.         
PA32R-301....................  32R-8013001 through 32R-8413024.         
PA32R-301T...................  32R-8029001 through 32R-8429028.         
PA34-200.....................  34-7250001 through 34-7450220.           
PA34-200T....................  34-7570001 through 34-8170092.           
PA34-220T....................  34-8133001 through 34-8233088.           
PA44-180.....................  44-7995001 through 44-8195026 and 4495001
                                through 4495013.                        
PA44-180T....................  44-8107001 through 44-8107066.           
------------------------------------------------------------------------



    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 upon the accumulation of 2,000 hours time-
in-service (TIS) or within the next 100 hours TIS after the 
effective date of this AD, whichever occurs later, unless already 
accomplished.

    Note 2: The compliance time specified in this AD takes 
precedence over the compliance time specified in the The New Piper 
Aircraft Inc. (Piper) Service Bulletin (SB) 965, dated September 1, 
1993.
    Note 3: The instructions in this AD do not mirror the Piper 
service bulletin and instructions in this AD take precedence over 
the service bulletin instructions. This AD will require installing 
the clevis bolt, regardless of the condition of the current part.

    To prevent failure of the flap handle attach bolt and sudden 
retraction of the flaps, which, if not detected and corrected, could 
result in loss of control of the airplane, accomplish the following:
    (a) Measure the cable mounting attach hole diameter and enlarge 
the hole to .316 of an inch diameter. If the diameter of the cable 
mount attach hole is larger than .316 of an inch, prior to further 
flight, replace the flap lever handle (refer to the applicable 
illustrated parts catalog for part number), in accordance with the 
INSTRUCTIONS section of Piper SB No. 965, dated September 1, 1993.
    (b) Install a new bushing (using only Piper Part Number (P/N) 
63900-174) into the cable mounting attach hole, in accordance with 
the INSTRUCTIONS section of Piper SB No. 965, dated September 1, 
1993.
    (c) Replace the flap lever handle attach bolt with a new clevis 
bolt (Piper P/N 400 673 or standard P/N AN23-11) in accordance with 
the INSTRUCTIONS section of Piper SB No. 965, dated September 1, 
1993.
    (d) Inspect the washer, nut, and cotter pin, and if damaged, 
prior to further flight, replace washer (Piper P/N 407-564 or 
standard P/N AN960-10), nut (Piper P/N 404-392 or standard P/N 
AN320-3), and cotter pin (Piper P/N 424-051 or standard P/N MS24665-
132) as applicable in accordance with the INSTRUCTIONS section of 
Piper SB No. 965, dated September 1, 1993.
    (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 
compliance time that provides an equivalent level of safety may be 
approved by the Manager, FAA, Atlanta Aircraft Certification Office, 
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 Aircraft Certification Office.

    Note 4: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Atlanta Aircraft Certification Office.

    (g) The inspections and replacements required by this AD shall 
be done in accordance with The New Piper Aircraft Inc. Piper Service 
Bulletin No. 965, dated September 1, 1993. 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., Attn: Customer Service, 
2629 Piper Dr., 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 64106, or at 
the Office of the Federal Register, 800 North Capitol Street, NW., 
suite 700, Washington, DC.
    (h) This amendment (39-9608) becomes effective on June 14, 1996.

    Issued in Kansas City, Missouri, on April 26, 1996.
Henry A. Armstrong,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-10911 Filed 5-2-96; 8:45 am]
BILLING CODE 4910-13-P