AD 98-03-16

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.

Final rule

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 requestshould 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.

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 theRules 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.

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