Airworthiness directives: New Piper Aircraft, Inc.,

[Federal Register: June 9, 1998 (Volume 63, Number 110)]

[Proposed Rules]

[Page 31374-31375]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr09jn98-23]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95-CE-51-AD]

RIN 2120-AA64

Airworthiness Directives; The New Piper Aircraft, Inc. (Formerly Piper Aircraft Corporation) Models PA-28-140, PA-28-150, PA-28-160, and PA-28-180 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

SUMMARY: This document proposes to revise Airworthiness Directive (AD) 96-10-01, which currently requires a complete landing light support replacement on certain The New Piper Aircraft, Inc. (Piper) Models PA- 28-140, PA-28-150, PA-28-160, and PA-28-180 airplanes. Some of the serial numbers for these airplanes were incorrectly referenced in the Applicability section of AD 96-10-01. The proposed AD maintains the requirements of AD 96-10-01, and corrects the serial numbers referenced in the applicability section. The actions specified by the proposed AD are intended to prevent the landing light retainer support seal from being ingested by the updraft carburetor, which could result in rough engine operation or possible engine failure and loss of control of the airplane.

DATES: Comments must be received on or before July 17, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation Administration (FAA), Central Region, Office of the Regional Counsel, Attention: Rules Docket No. 95-CE-51-AD, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106. Comments may be inspected at this location between 8 a.m. and 4 p.m., Monday through Friday, holidays excepted.

Service information that applies to the proposed AD may be obtained from The New Piper Aircraft, Inc., Attn: Customer Service, 2926 Piper Dr., Vero Beach, Florida, 32960. This information also may be examined at the Rules Docket at the address above.

FOR FURTHER INFORMATION CONTACT: William O. Herderich, Aerospace Engineer, Atlanta Aircraft Certification Office, One Crown Center, 1895 Phoenix Blvd., Suite 450, Atlanta, Georgia 30349; telephone (770) 703- 6069; fax (770) 703-6097.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to participate in the making of the proposed rule by submitting such written data, views, or arguments as they may desire. Communications should identify the Rules Docket number and be submitted in triplicate to the address specified above. All communications received on or before the closing date for comments, specified above, will be considered before taking action on the proposed rule. The proposals contained in this notice may be changed in light of the comments received.

Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the proposed rule. All comments submitted will be available, both before and after the closing date for comments, in the Rules Docket for examination by interested persons. A report that summarizes each FAA-public contact concerned with the substance of this proposal will be filedin the Rules Docket.

Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this notice must submit a self-addressed, stamped postcard on which the following statement is made: ``Comments to Docket No. 95-CE-51-AD.'' The postcard will be date stamped and returned to the commenter.

Availability of NPRMs

Any person may obtain a copy of this NPRM by submitting a request to the FAA, Central Region, Office of the Regional Counsel, Attention: Rules Docket No. 95-CE-51-AD, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106.

Discussion

AD 96-10-01, Amendment 39-9606 (61 FR 19813, May 3, 1996), currently requires a complete landing light support replacement on Piper Models PA-28-140, PA-28-150, PA-20-160 and PA-28-180 airplanes.

Accomplishment of this action is required in accordance with Piper Service Bulletin No. 975, dated November 2, 1994.

Actions Since Issuance of Previous Rule

The FAA has since realized that it incorrectly included Models PA- 28-150, 160, and 180 airplanes, serial numbers 28-1761 through 28- 7505259 and 28-E13, in AD 96-10-01. Since these airplanes have the air intake on the side of the cowling, they are not affected by the condition of the landing light seals.

The FAA's Determination

After examining the circumstances and reviewing all available information related to the incidents described above, the FAA has determined that AD action should be taken to prevent the landing light retainer support seal from being ingested by the updraft carburetor, which could result in rough engine operation or possible engine failure and loss of control of the airplane.

Explanation of the Provisions of the Proposed AD

Since an unsafe condition has been identified that is likely to exist or develop in other Piper Models PA-28-140, PA-28-150, PA-28-160, and PA-28-180 airplanes of the same type design, the proposed AD would revise AD 96-10-01 to require the same actions, but would change the applicability of the AD from Models PA-28-140 airplanes, serial numbers (S/N) 28-20000 through 28-7725290, Models PA-28-150, 160, and 180 airplanes, S/N 28-1 through 28-7505259, and S/N 28-E13 to Models PA-28- 140 airplanes, S/N 28-20000 through 28-7725290, PA-28-150, PA-28-160, and PA-28-180, serial numbers 28-1 through 28-1760.

The actions of the proposed AD would still be required in accordance with Piper SB No. 975, dated November 2, 1994.

Cost Impact

The FAA estimates that 10,100 airplanes in the U.S. registry would be affected by the proposed AD, that it would take approximately 2 workhours per airplane to accomplish the proposed action, and that the average labor rate is approximately $60 an hour. Parts cost approximately $140 per airplane. Based on these figures, the total cost impact of the proposed AD on U.S. operators is estimated to be $2,626,000. This figure is based on the assumption that all of the affected airplanes have old landing

[[Page 31375]]

light support and seal assemblies and that none of the owners/operators of the affected airplanes have replaced the landing light support and seal assemblies with parts of improved design.

Piper has informed the FAA that parts have been distributed to equip approximately 7,021 airplanes. Assuming that these distributed parts are incorporated on the affected airplanes, the cost of this AD will be reduced by $1,825,460 from $2,626,000 to $800,540.

Regulatory Impact

The regulations proposed herein would 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 proposal would 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) if promulgated, 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 draft regulatory evaluation prepared for this action has been placed 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, Safety.

The Proposed Amendment

Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration proposes to amend 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) 96-10-01, Amendment 39-39-9606, and adding a new AD to read as follows:

   The New Piper Aircraft Inc.: Docket No. 95-CE-51-AD; Revises AD 96- 10-01, Amendment 39-9606.

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

   Models

   Serial numbers

   PA-28-140................................. 28-20000 through 28-7725290. PA-28-150, PA-28-160, and PA-28-180....... 28-1 through 28-1760.

   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 (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 within the next 100 hours time-in-service (TIS) after the effective date of this AD, unless already accomplished.

   Note 2: Early compliance is encouraged.

   To prevent the landing light seal from lodging in the carburetor, which could result in rough engine operation or possible engine failure and possible loss of control of the airplane, accomplish the following:

   (a) Replace the landing light support and seal assembly in accordance with the ACCOMPLISHMENT INSTRUCTIONS section of Piper Service Bulletin No. 975, dated November 2, 1994.

   (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 compliance time 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.

   (1) 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.

   (2) Alternative methods of compliance approved in accordance with AD 96-10-01, are considered approved as alternative methods of compliance for this AD.

   Note 3: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Atlanta Aircraft Certification Office.

   (d) All persons affected by this directive may obtain copies of the document referred to herein upon request to The New Piper Aircraft, Inc., Attn: Customer Service, 2926 Piper Dr., Vero Beach, Florida, 32960; or may examine this document at the FAA, Central Region, Office of the Regional Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106.

   (e) This amendment revises AD 96-10-01, Amendment 39-9606.

   Issued in Kansas City, Missouri, on June 1, 1998. Ronald K. Rathgeber, Acting Manager, Small Airplane Directorate, Aircraft Certification Service.

   [FR Doc. 98-15200Filed6-8-98; 8:45 am]

   BILLING CODE 4910-13-P