AD Amdt-39-10308

[Federal Register Volume 63, Number 28 (Wednesday, February 11, 1998)]
[Rules and Regulations]
[Pages 6839-6840]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 98-2776]



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Federal Register / Vol. 63, No. 28 / Wednesday, February 11, 1998 / 
Rules and Regulations

[[Page 6839]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96-CE-53-AD; Amendment 39-10308; AD 98-03-16]
RIN 2120-AA64


Airworthiness Directives; The New Piper Aircraft Corporation 
Model PA-38-112 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 The New Piper Aircraft Corporation (Piper) Model PA-38-112 
airplanes. This action requires repetitively replacing the upper rudder 
hinge bracket. Reports of fatigue cracks occurring on the upper rudder 
hinge bracket, and the manufacture of a new upper rudder hinge bracket 
with a life limited improved design prompted this action. The actions 
specified by this AD are intended to prevent cracks in the upper rudder 
hinge bracket, which could result in separation of the rudder from the 
airplane and loss of control of the airplane.

DATES: Effective March 16, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of March 16, 1998.

ADDRESSES: Service information that applies to this AD may be obtained 
from The New Piper Aircraft Corporation, Attn: Customer Service, 2926 
Piper Dr., Vero Beach, Florida 32960. This information may also be 
examined at the Federal Aviation Administration (FAA), Central Region, 
Office of the Regional Counsel, Attention: Rules Docket 96-CE-53-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: Mr. Bill Herderich, Aerospace 
Engineer, FAA, Atlanta Aircraft Certification Office, One Crown Center, 
1895 Phoenix Blvd., suite 450, Atlanta, Georgia 30349; telephone (770) 
703-6084; facsimile (770) 703-6097.

SUPPLEMENTARY INFORMATION:

Events Leading to the Issuance of This 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 Model PA-38-112 
airplanes having serial numbers 38-80A0166 through 38-82A0122, was 
published in the Federal Register on May 7, 1997 (62 FR 24851). The 
action proposed to require repetitively replacing the upper rudder 
hinge bracket, part number (P/N) 77610-02 or an FAA-approved equivalent 
part number, with a new upper rudder hinge bracket, P/N 77610-03. The 
upper rudder hinge bracket must be replaced regularly because it is 
life-limited. Accomplishment of the proposed action would be in 
accordance with Piper Service Bulletin No. 686, dated May 23, 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.

The FAA's Determination

    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 153 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 $60 per airplane. 
Based on these figures, the total cost impact of this AD on U.S. 
operators is estimated to be $27,540 for the U.S. fleet or $180 per 
airplane. The manufacturer has informed the FAA that none of the 
owners/operators of the affected airplanes have accomplished this 
action.

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 USC 106(g), 40113, 44701.

[[Page 6840]]

Sec. 39.13  [Amended]

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

98-03-16  The New Piper Aircraft Corporation: Amendment 39-10308; 
Docket No. 96-CE-53-AD.

    Applicability: Model PA-38-112 airplanes (serial numbers 38-
80A0166 through 38-82A0122), certificated in any category.

    Note 1: The serial numbers listed in the applicability section 
of this AD do not match the serial numbers in Piper Aircraft 
Corporation (Piper) Service Bulletin (SB) No. 686, dated May 23, 
1980. This AD takes precedence over the applicability section in the 
Piper SB 686, dated May 23, 1980.
    Note 2: 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 (c) 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 cracks in the upper rudder hinge bracket, which could 
result in separation of the rudder from the airplane and loss of 
control of the airplane, accomplish the following:
    (a) Upon the accumulation of 5,000 hours total time-in-service 
(TIS) or within the next 100 hours TIS after the effective date of 
this AD, whichever occurs later, remove and replace the upper rudder 
hinge bracket, part number (P/N) 77610-02 or an FAA-approved 
equivalent part number, with a new upper rudder hinge bracket, P/N 
77610-03. Thereafter, at intervals not to exceed 5,000 hours TIS, 
replace the upper rudder hinge bracket, P/N 77610-03, with a new 
upper rudder hinge bracket, P/N 77610-03 in accordance with the 
Instructions section of Piper SB No. 686, dated May 23, 1980.
    (b) 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.
    (c) 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, One Crown Center, 1895 Phoenix Blvd., suite 
450, Atlanta, Georgia 30349. 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 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from Atlanta Aircraft Certification Office.

    (d) The removal and replacements required by this AD shall be 
done in accordance with the Instructions section of Piper Aircraft 
Corporation Service Bulletin No. 686, dated May 23, 1980. 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 Corporation, 
Attn: Customer Service, 2926 Piper Dr., Vero Beach, Florida 32960. 
Copies may be inspected at the FAA, Central Region, Office of the 
Regional 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.
    (e) This amendment (39-10308) becomes effective on March 16, 
1998.

    Issued in Kansas City, Missouri, on January 29, 1998.
Terry L. Chasteen,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-2776 Filed 2-10-98; 8:45 am]
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