AD 98-08-18

This amendment supersedes Airworthiness Directive (AD) 79-01-04, which currently requires repetitively inspecting the elevator bungee spring for cracks or surface deformities on certain Piper Aircraft Corporation (known currently as The New Piper Aircraft, Inc.) Model PA-31-350 airplanes, and replacing any elevator bungee spring with cracks or surface deformities. This AD retains the repetitive inspection and replacement requirements from AD 79-01-04 on The New Piper Aircraft, Inc. (Piper) Model PA-31-350 airplanes until an elevator bungee spring of improved design is installed, and requires these repetitive inspection and replacement requirements on certain other Piper PA-31 and PA-31P series airplanes not affected by AD 79-01-04. This AD also requires replacing the elevator bungee link with a link of improved design on all affected airplanes except for the Piper Model PA-31P airplanes, and repetitively replacing the elevator bungee spring on all affected airplanes. ThisAD results from reports of cracked elevator bungee springs on airplanes incorporating the older design elevator bungee spring that are not affected by AD 79-01-04, and by reports of cracked elevator bungee springs on airplanes that have improved design elevator bungee springs installed. The actions specified by this AD are intended to prevent failure of the elevator bungee spring, which could result in a reduction in elevator control and consequent loss of control of the airplane.

Final rule

98-08-18 THE NEW PIPER AIRCRAFT, INC. (formerly Piper Aircraft Corporation): Amendment 39-10467; Docket No. 90-CE-65-AD. Supersedes 79-01-04, Amendment 39-3381.

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

Models
Serial Numbers
PA-31, PA-31-300, and PA-31-325
31-2 through 31-8312019
PA-31-350
31-5001 through 31-8553002
PA-31P
31P-1 through 31P-7730012

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 (g) 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 failure of the elevator bungee spring, which could result in a reduction in elevator control and consequent loss of control of the airplane, accomplish the following:

(a) For any affected airplane incorporating a Piper part number (P/N) 42377-02 (or FAA-approved equivalent part number) elevator bungee spring where the elevator bungee spring has 900 hours TIS or less, accomplish the following:

(1) Within the next 100 hours time-in-service (TIS) after the effective date of this AD, unless already accomplished (compliance with AD 79-01-04), and thereafter at intervals not to exceed 100 hours TIS until the replacement required by paragraph (b) of this AD is accomplished, inspect the elevator bungee spring for cracks or surface deformities in accordance with the ACCOMPLISHMENT INSTRUCTIONS section of Piper Service Bulletin No. 626C, dated February 28, 1997.

NOTE 2: The 100-hour TIS repetitive inspection compliance time is the same as that in AD 79-01-04 (superseded by this action). This compliance time is being retained to provide credit and continuity for already-accomplished and future inspections.

NOTE 3: Piper Service Bulletin No. 626C, dated February 28, 1997, lists Piper Models PA-31, PA-31-300, PA-31-325, and PA-31-350 airplanes in the Models Affected section. For purposes of this AD, the inspection procedures included in this service bulletin also apply to the Piper Model PA-31P airplanes.

(2) If any cracks or surface deformities are found during any inspection required by paragraph (a)(1) of this AD, prior to further flight, accomplish the following:

(i) For all affected Models PA-31, PA-31-300, PA-31-325, and PA-31-350 airplanes, replace the elevator bungee link with a Piper P/N 71086-03 (or FAA-approved equivalent part number) elevator bungee link;

(ii) For all the affected airplanes, replace the elevator bungee spring with a Piper P/N 71056-02 (or FAA-approved equivalent part number) or Piper P/N 71056-03 (or FAA-approved equivalent part number) elevator bungee spring. Accomplish this in accordance with Section IV, Surface Controls, of the applicable maintenance manual.

(b) Upon accumulating 1,000 hours TIS on a Piper P/N 42377-02, 71056-02, or 71056-03 (or FAA-approved equivalent part number for any of the above) elevator bungee spring or within the next 100 hours TIS after the effective date of this AD, whichever occurs later, accomplish the following:

(1) For all affected Models PA-31, PA-31-300, PA-31-325, and PA-31-350 airplanes, replace the elevator bungee link with a Piper P/N 71086-03 (or FAA-approved equivalent part number) elevator bungee link in accordance with Section IV, Surface Controls, of the applicable maintenance manual, unless already accomplished.

(2) For all affected airplanes, replace the elevator bungee spring with a Piper P/N 71056-02 (or FAA-approved equivalent part number) or Piper P/N 71056-03 (or FAA-approved equivalent part number).

(i) For all affected Models PA-31, PA-31-300, PA-31-325, and PA-31-350 airplanes, accomplish this replacement in accordance with Section IV, Surface Controls, of the applicable maintenance manual.

(ii) For the affected Model PA-31P airplanes, accomplish the replacement in accordance with the INSTRUCTIONS section in Piper Service Bulletin No. 1002, dated June 5, 1997.

(c) For all affected airplanes, repetitively replace the elevator bungee spring with a Piper P/N 71056-02 (or FAA-approved equivalent part number) or Piper P/N 71056-03 (or FAA-approved equivalent part number) elevator bungee spring at intervals not to exceed 1,000 hours TIS.

(1) Accomplish the repetitive replacements in accordance with the applicable service information specified in either paragraph (b)(2)(i) or (b)(2)(ii) of this AD.

(2) If an affected airplane already had the elevator bungee spring and link replaced as specified in paragraphs (b)(1) and (b)(2) of this AD, then only the repetitive replacements of the elevator bungee spring as specified in paragraph (c) of this AD are required.

(d) The repetitive inspections required by paragraph (a) of this AD may be terminated when the replacements specified in paragraphs (a)(2) and (b)(1) and (b)(2) of this AD are accomplished.

(e) As of the effective date of this AD, no person shall install either a Piper P/N 42377-02 (or FAA-approved equivalent part number) elevator bungee spring or a Piper P/N 42376-02 (or FAA-approved equivalent part number) elevator bungee link.

NOTE 4: The actions specified by this AD are different from those in Piper SB No. 626C, dated February 28, 1997. This AD takes precedence over the service bulletin. Piper SB No. 626C, dated February 28, 1997, specifies replacing the bungee links every 1,000 flight hours, and specifies repetitive inspections of both the Piper P/N 42377-02 and P/N 71056-02 elevator bungee springs. This AD requires a one-time replacement of the elevator bungee link, and does not require repetitive inspections of the Piper P/N 71056-02 elevator bungee springs on any of the affected airplanes.

(f) 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.

(g) 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), One Crown Center, 1895 Phoenix Boulevard, 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 ACO.

(2) Alternative methods of compliance approved in accordance with AD 79-01-04 (superseded by this action) are not considered approved as alternative methods of compliance with this AD.

NOTE 5: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Atlanta ACO.

(h) The inspection required by this AD shall be done in accordance with Piper Service Bulletin No. 626C, dated February 28, 1997. The replacement required by this AD (for Model PA-31P airplanes) shall be done in accordance with Piper Service Bulletin No. 1002, dated June 5, 1997. 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 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.

(i) This amendment supersedes AD 79-01-04, Amendment 39-3381.

(j) This amendment becomes effective on May 26, 1998.

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 certain Piper Models PA-31, PA-31-300, PA-31-325, PA-31-350, and PA-31P airplanes was published in the Federal Register as a notice of proposed rulemaking (NPRM) on July 23, 1997 (62 FR 39490). The NPRM proposed to supersede AD 79-01-04. The proposed AD would retain the repetitive inspection and replacement requirements from AD 79-01-04 on Piper Model PA-31-350 airplanes until an elevator bungee spring of improved design is installed; would require these repetitive inspection and replacement requirements on certain Piper Models PA-31, PA-31-300, PA-31-325, and PA-31P airplanes that are not affected by AD 79-01-04; and would require the following:

- replacing the elevator bungee link with a Piper part number (P/N) 71086-03 (or FAA-approved equivalent part number) elevator bungee link on all affected airplanes, except for the Piper Model PA-31P airplanes; and

- repetitively replacing the elevator bungee spring with a Piper P/N 71056-02 (or FAA-approved equivalent part number) or P/N 71056-03 (or FAA-approved equivalent part number) elevator bungee spring.

Accomplishment of the proposed inspections would be in accordance with Piper Service Bulletin (SB) No. 626C, dated February 28, 1997. Accomplishment of the proposed replacements would be in accordance with Section IV, Surface Controls, of the applicable maintenance manual for all the affected airplanes, except for the Model PA-31P airplanes. Accomplishment of the proposed replacements for the Model PA-31P airplanes would be in accordance with Piper Service Bulletin No. 1002, dated June 5, 1997.

The NPRM resulted from reports of cracked elevator bungee springs on airplanes incorporating the older design elevator bungee spring that are not affected by AD 79-01-04, and by reports of cracked elevator bungee springs on airplanes that have improved design elevator bungee springs installed.

Interested persons have been afforded an opportunity to participate in the making of this amendment. Due consideration has been given to the two comments received from one commenter. No comments were received on the FAA's estimate of the cost impact on the public.

Comment No. 1: The Applicability of the Proposed AD
The commenter states that the applicability statement of the NPRM is unclear. The commenter explains that the NPRM references Models PA-31, PA-31-300, PA-31-325, PA-31-350, and PA-31P airplanes. No reference is made to Models PA-31P-350, PA-31T, PA-31T1, PA-31T2, and PA-31T3 airplanes. The commenter feels that the FAA should state whether these airplanes are exempt from the AD.

The FAA concurs that the NPRM references Models PA-31, PA-31-300, PA-31-325, PA-31-350, and PA-31P airplanes, and that no reference is made to Models PA-31P-350, PA-31T, PA-31T1, PA-31T2, and PA-31T3 airplanes. This was the FAA s intent. The FAA does not concur that a statement should be included in the AD to clarify that certain airplanes are excluded. On the contrary, past experience has shown that including such a statement in the AD causes confusion as to what airplanes are affected by the AD. If a particular airplane is not referenced in the Applicability section of the AD, then that airplane is not affected by the AD. No changes to the final rule have been made as a result of this comment.

Comment No. 2: The Use of the Term "Series"
The commenter states that the FAA should not use the term "series" when referring to aircraft since it has no precise definition. The commenter explains that the AD may not be enforceable if the Models are not listed, and this NPRM may fall within this category.

The FAA does not concur with never using the term "series"; however, the FAA does concur that in certain instances the term "series" could be misleading. In the Applicability section of theAD, the model designations of all airplanes should be listed; the term series in this section puts the burden of interpreting which airplane models are affected on the owners/operators. The term "series" is acceptable when referring to a large number of airplane models in the narrative of the preamble of the AD. In this NPRM, the models are listed in the Applicability section so no changes to the NPRM are necessary. No changes to the final rule have been made as a result of this comment.

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.

Differences Between This AD and Piper Service Bulletins
Piper Service Bulletin No. 626C, dated February 28, 1997, specifies replacing the bungee links every 1,000 flight hours, and specifies repetitive inspections of both the Piper P/N 42377-02 (or FAA-approved equivalent part number) and P/N 71056-02 (or FAA-approved equivalent part number) elevator bungee springs on Piper PA-31 series airplanes, except for the Model PA-31P airplanes. This AD only requires a one-time replacement of the elevator bungee link on these airplanes, and does not require repetitive inspections of the Piper P/N 71056-02 (or FAA-approved equivalent part number) elevator bungee spring. The FAA has determined that:

- based on history and design data, a life limit is not required for the P/N 71086-03 (or FAA-approved equivalent part number) elevator bungee links; and

- because the Piper P/N 71056-02 (or FAA-approved equivalent part number) and P/N 71056-03 (or FAA-approved equivalent part number) elevator bungee springs have the same structural design, repetitive inspections are only needed on the Piper P/N 42377-02 (or FAA-approved equivalent part number) elevator bungee springs.

In addition, Piper Service Bulletin No. 1002, dated June 5, 1997, specifies repetitively replacing the P/N 42376-05 elevator bungee link on the Piper Model PA-31P airplanes. The FAA has determined that the P/N 42376-05 elevator bungee link is compatible with the P/N 42377-02 and P/N 71056-03 elevator bungee springs and replacement of the elevator bungee links on Piper Model PA-31P airplanes is not necessary.

Cost Impact
The FAA estimates that 1,325 airplanes in the U.S. registry will be affected by this AD, that it will take approximately 1 workhour per airplane to accomplish the required replacement, 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 $159,000.

The above figures only take into account the cost of the initial replacement and do not take into account the cost of repetitive replacements. The FAA has no way of determining how many repetitive replacements each owner/operator may incur over the life of an affected airplane. The figure also does not include the cost of the repetitive inspections for the affected Piper PA-31 and PA-31P series airplanes that would be required until mandatory replacement of the elevator bungee spring. The FAA has no way of determining how many of the affected airplanes will have the old design elevator bungee spring still installed and will be subject to the required repetitive inspections. The FAA believes that most affected Piper PA-31 and PA-31P series airplanes have already exceeded 1,000 hours TIS and the owners/operators will replace the elevator bungee spring within 100 hours TIS of the effective date of the AD instead of repetitively inspecting the older design elevator bungee spring.

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 atthe 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.

Section 39.13 - [AMENDED]
2. Section 39.13 is amended by removing Airworthiness Directive (AD) 79-01-04, Amendment 39-3381, and by adding a new AD to read as follows: