Airworthiness Directives; Piper Aircraft, Inc. Airplanes, 34121-34136 [2020-11343]
Download as PDF
<![CDATA[
Federal Register / Vol. 85, No. 107 / Wednesday, June 3, 2020 / Proposed Rules
lotter on DSK9F5VC42PROD with PROPOSALS
specified compliance time unless it has
already been accomplished prior to that time.
(f) Required Actions
Before further flight, review Appendix 4.A.
of Airbus Helicopters Emergency Alert
Service Bulletin No. 05A051, Revision 2,
dated February 26, 2019 (EASB 05A051) to
determine the date of manufacture of the
swashplate.
(1) If the swashplate has accumulated 12 or
more years since the date of manufacture,
remove from service the swashplate.
(2) If the swashplate has accumulated less
than 12 years since the date of manufacture,
create a component history card or
equivalent record indicating a life limit of 12
years since the date of manufacture.
Thereafter, continue to record the life limit
of the swashplate on its component history
card or equivalent record and remove from
service any swashplate before accumulating
12 years since the date of manufacture.
(3) For each swashplate that has
accumulated less than 7 years since the date
of manufacture, within 15 hours time-inservice (TIS) and thereafter at intervals not to
exceed 15 hours TIS, until the swashplate
accumulates 7 years since the date of
manufacture, visually inspect each yoke for
a crack, paying particular attention to the
areas shown in Details B, C, and D of Figure
1 of EASB 05A051.
(i) If there are no cracks, perform a dye
penetrant inspection of the yoke for a crack.
(ii) If there is a crack on a yoke, before
further flight, remove from service the
swashplate.
(4) For each swashplate that has
accumulated 7 or more years, but less than
12 years, since the date of manufacture,
within 100 hours TIS:
(i) Remove the grease from areas (E), (F),
(G), (H), (J), and (K) of each yoke as shown
in Details B, C, and D of Figure 1 of EASB
05A051. Using a plastic spatula, strip areas
(E), (F), (G), (H), (J), and (K) of each yoke as
shown in Details B, C, and D of Figure 1 of
EASB 05A051. Do not use a metal tool to
strip any area of a yoke.
(ii) Inspect areas (E), (F), (G), (H), (J) and
(K) of each yoke as shown in Details B, C,
and D of Figure 1 of EASB 05A051 for
corrosion, pitting, and loss of material.
(A) If there is any corrosion less than
0.0078 in. (0.2 mm), before further flight,
remove the corrosion and apply varnish
(Vernelec 43022 or equivalent) to the surface
of areas (E), (F), (G), (H), (J) and (K).
(B) If there is any pitting or loss of material
of less than 0.0078 in. (0.2 mm), before
further flight, remove the damage by sanding
with sandpaper 200/400 or 330.
(C) If there is any corrosion, pitting, or loss
of material of 0.0078 in. (0.2 mm) or greater,
before further flight, remove from service the
swashplate.
(iii) Visually inspect each yoke for a crack,
paying particular attention to the areas
shown in Details B, C, and D of Figure 1 of
EASB 05A051.
(A) If there are no cracks, perform a dye
penetrant inspection of the yoke for a crack.
(B) If there is a crack on a yoke, before
further flight, remove from service the
swashplate.
VerDate Sep<11>2014
16:35 Jun 02, 2020
Jkt 250001
(g) Credit for Previous Actions
If you performed the actions in paragraph
(f)(4) before the effective date of this AD
using Airbus Helicopters Emergency Alert
Service Bulletin No. 05A051, Revision 1,
dated November 16, 2017, you met the
requirements of paragraph (f)(4) of this AD.
(h) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Safety Management
Section, Rotorcraft Standards Branch, FAA,
may approve AMOCs for this AD. Send your
proposal to: Matt Fuller, Senior Aviation
Safety Engineer, Safety Management Section,
Rotorcraft Standards Branch, FAA, 10101
Hillwood Pkwy., Fort Worth, TX 76177;
telephone 817–222–5110; email 9-ASW-FTWAMOC-Requests@faa.gov.
(2) For operations conducted under a 14
CFR part 119 operating certificate or under
14 CFR part 91, subpart K, the FAA suggests
that you notify your principal inspector, or
lacking a principal inspector, the manager of
the local flight standards district office or
certificate holding district office before
operating any aircraft complying with this
AD through an AMOC.
(i) Additional Information
The subject of this AD is addressed in
European Union Aviation Safety Agency
(EASA) AD No. 2019–0074, dated March 28,
2019. You may view the EASA AD on the
internet at https://www.regulations.gov in the
AD Docket.
(j) Subject
Joint Aircraft Service Component (JASC)
Code: 6230, Main Rotor Mast/Swashplate.
Issued on May 27, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020–11821 Filed 6–2–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2018–1046; Product
Identifier 2018–CE–049–AD]
RIN 2120–AA64
Airworthiness Directives; Piper
Aircraft, Inc. Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Supplemental notice of
proposed rulemaking (SNPRM);
reopening of comment period.
AGENCY:
The FAA is revising an earlier
proposal for certain Piper Aircraft, Inc.
(Piper) Models PA–28–140, PA–28–150,
PA–28–151, PA–28–160, PA–28–161,
PA–28–180, PA–28–181, PA–28–235,
PA–28R–180, PA–28R–200, PA–28R–
SUMMARY:
PO 00000
Frm 00011
Fmt 4702
Sfmt 4702
34121
201, PA–28R–201T, PA–28RT–201, PA–
28RT–201T, PA–32–260, and PA–32–
300 airplanes. The notice of proposed
rulemaking (NPRM) was prompted by a
report of a wing separation caused by
fatigue cracking in a visually
inaccessible area of the lower main wing
spar cap. This action revises the NPRM
by adding and removing certain models
of airplanes in the Applicability,
proposing to require the use of service
information that was issued since the
NPRM, and clarifying some of the
proposed actions. The FAA is proposing
this airworthiness directive (AD) to
address the unsafe condition on these
products. Since these actions would
impose an additional burden over those
proposed in the NPRM, the FAA is
reopening the comment period to allow
the public the chance to comment on
these changes.
DATES: The comment period for the
NPRM published in the Federal
Register on December 21, 2018 (83 FR
65592), is reopened.
The FAA must receive comments on
this SNPRM by July 20, 2020.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
For service information identified in
this SNPRM, Piper Aircraft, Inc., 2926
Piper Drive, Vero Beach, Florida 32960;
telephone: (772) 567–4361; internet:
www.piper.com. You may view this
service information at the FAA,
Airworthiness Products Section,
Operational Safety Branch, 901 Locust,
Kansas City, Missouri 64106. For
information on the availability of this
material at the FAA, call (816) 329–
4148.
Examining the AD Docket
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2018–
1046; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
E:\FR\FM\03JNP1.SGM
03JNP1
34122
Federal Register / Vol. 85, No. 107 / Wednesday, June 3, 2020 / Proposed Rules
through Friday, except Federal holidays.
The AD docket contains this SNPRM,
the NPRM, the regulatory evaluation,
any comments received, and other
information. The street address for
Docket Operations is listed above.
Comments will be available in the AD
docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Dan
McCully, Aerospace Engineer, Atlanta
ACO Branch, FAA, 1701 Columbia
Avenue, College Park, Georgia 30337;
phone: (404) 474–5548; fax: (404) 474–
5605; email: william.mccully@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under the ADDRESSES section. Include
‘‘Docket No. FAA–2018–1046; Product
Identifier 2018–CE–049–AD’’ at the
beginning of your comments. The FAA
specifically invites comments on the
overall regulatory, economic,
environmental, and energy aspects of
this SNPRM. The FAA will consider all
comments received by the closing date
and may amend this SNPRM because of
those comments.
The FAA will post all comments
received, without change, to https://
www.regulations.gov, including any
personal information you provide. The
FAA will also post a report
summarizing each substantive verbal
contact received about this SNPRM.
lotter on DSK9F5VC42PROD with PROPOSALS
Discussion
The FAA issued an NPRM to amend
14 CFR part 39 by adding an AD that
would apply to certain Piper Aircraft,
Inc. (Piper) Models PA–28–140, PA–28–
150, PA–28–151, PA–28–160, PA–28–
161, PA–28–180, PA–28–181, PA–28–
235, PA–28R–180, PA–28R–200, PA–
28R–201, PA–28R–201T, PA–28RT–201,
PA–28RT–201T, PA–32–260, and PA–
32–300 airplanes. The NPRM published
in the Federal Register on December 21,
2018 (83 FR 65592).
The NPRM was prompted by a fatal
accident involving wing separation on a
Piper Model PA–28R–201 airplane. An
investigation revealed a fatigue crack in
a visually inaccessible area of the lower
main wing spar cap. The NPRM
included other model airplanes with
similar wing spar structures as the
Model PA–28R–201. Based on airplane
usage history, the FAA determined that
only those airplanes with higher risk for
fatigue cracks (airplanes with a
significant history of operation in flight
training or other high-load
environments) should be subject to the
VerDate Sep<11>2014
16:35 Jun 02, 2020
Jkt 250001
inspection requirements proposed in the
NPRM.
Because airplanes used in training
and other high-load environments are
typically operated for hire and have
inspection programs that require 100hour inspections, the FAA determined
the number of 100-hour inspections an
airplane has undergone would be the
best indicator of the airplane’s usage
history. Accordingly, the FAA
developed a factored service hours
formula based on the number of 100hour inspections completed on the
airplane.
The NPRM proposed to require a
review of the airplane maintenance
records to determine the number of 100hour inspections and the application of
the factored service hours formula to
identify when an airplane meets the
criteria for the proposed eddy current
inspection of the lower main wing spar
bolt holes. The NPRM also proposed to
require inspecting the lower main wing
spar bolt holes for cracks once a main
wing spar exceeds the specified factored
service hours and replacing any main
wing spar when a crack is indicated.
The maintenance records review to
determine the factored service hours
proposed by the NPRM would only
apply when an airplane has either
accumulated 5,000 or more hours timein-service (TIS); has had either main
wing spar replaced with a serviceable
main wing spar (more than zero hours
TIS); or has missing and/or incomplete
maintenance records.
Actions Since the NPRM Was Issued
After a review of the comments
received on the NPRM and further
analysis, the FAA determined that some
additional airplane models are likely to
be affected by the unsafe condition and
should be included in the applicability,
while other models are not affected and
should be removed from the
applicability. Consequently, this
SNPRM revises the applicability and the
estimated cost associated with the
proposed AD actions. This SNPRM also
clarifies the applicability and some of
the proposed actions. In addition, this
supplemental NPRM no longer allows
replacement of the wing spar with a
used part. The FAA determined
replacement of the wing spar with a part
of unknown operational history would
not ensure an acceptable level of safety.
Since the NPRM was issued, Piper
issued a service bulletin that contains
procedures for the eddy current
inspection. This SNPRM proposes to
require that service bulletin to do the
eddy current inspection instead of the
inspection procedure in the appendix to
the NPRM.
PO 00000
Frm 00012
Fmt 4702
Sfmt 4702
Since these actions impose an
additional burden over that in the
NPRM, the FAA is reopening the
comment period to allow the public the
chance to comment on this change.
Comments
The FAA gave the public the
opportunity to comment on the NPRM
and received approximately 168
comments. The majority of the
commenters were individual
maintenance personnel and operators.
The remaining commenters included
Piper, governmental agencies such as
the European Union Aviation Safety
Agency (EASA) and the National
Transportation Safety Board (NTSB),
and organizations such as the Aircraft
Owners and Pilots Association (AOPA),
the Experimental Aircraft Association
(EAA), and the General Aviation
Manufacturers Association (GAMA).
The following presents the relevant
comments received on the NPRM and
the FAA’s response to each comment.
A. Supportive Comments
Fifteen comments were received in
support of the NPRM. Five of these
commenters specifically supported the
proposed eddy current inspection
method. The NTSB specifically
supported the proposed requirement to
report inspection results to the FAA.
B. Comments Regarding the FAA’s
Justification of the Unsafe Condition
Many commenters requested that the
FAA provide more information about
the root cause and clarify the FAA’s
unsafe condition determination.
Requests for Information About the
Accident Airplane
Mitchell Ross requested information
regarding the background of the
accident airplane that prompted the
NPRM, including its manufacturing and
maintenance history. This commenter
and Robert Cunningham also questioned
the operational history of the accident
airplane. Nine other commenters
questioned the FAA’s determination
that an unsafe condition exists based on
only one failure in 30 years.
The FAA agrees. All publicly
available information about the accident
airplane, including the information
requested by the commenters, is
available in the NTSB docket for
accident number ERA18FA120. This
information can be viewed at https://
dms.ntsb.gov/pubdms/search/
hitlist.cfm?docket
ID=62694&CFID=95094&CFTOKEN
=b616b3892cb482f1-5B544A63-5056942C-92C71C2E6BFF1D97.
E:\FR\FM\03JNP1.SGM
03JNP1
Federal Register / Vol. 85, No. 107 / Wednesday, June 3, 2020 / Proposed Rules
Requests for Information About the Root
Cause of the Unsafe Condition
David Hedley and Dana Pyle noted
that Piper’s steel supplier changed in
the 1980s. These commenters and
Robert Cunningham questioned whether
inferior metal could be a factor. Tom
McIntosh, Dana Pyle, and Robert
Cunningham questioned whether
coastal environments contributed to the
corrosion and metal fatigue. Steven
Rosenfield asked the FAA to confirm
whether the fatigue cracking is caused
by a design defect or a manufacturing
error. Some commenters suggested that
the problem is caused by other issues
such as inadequate inspection and
maintenance practices, and hard
landings that go unreported.
The FAA agrees to provide additional
information. The NTSB Materials
Laboratory conducted hardness testing
and electrical conductivity testing of the
accident spar and sent spar samples to
an independent laboratory for tension
testing and chemical analysis. Tests
results showed that the spar material
conformed to type design (see NTSB
report No. 18–061, Materials Laboratory
Factual Report). Corrosion was not
determined to be a contributing factor.
Regarding the concern about inadequate
inspections and maintenance practices,
the NTSB report did not indicate there
was any evidence of inadequate
inspection and maintenance practices.
Request To Reference the Piper Model
PA–28R–201 Accident
AOPA noted the absence of any
specific mention of the April 4, 2018,
Piper PA–28R–201 accident (NTSB
Accident Number ERA18FA120) in the
NPRM. The commenter stated its belief
that the accident is a driving force
behind the NPRM.
The FAA agrees. The preamble of this
SNPRM has been revised to add
information related to the accident.
lotter on DSK9F5VC42PROD with PROPOSALS
Requests To Wait for NTSB Final Report
Before Issuing AD Action
Joseph Oh, The University of North
Dakota (UND Aerospace), AOPA, Navid
Rahimi, Benjamin Morgan, and eight
other commenters requested the FAA
wait for the conclusion of the NTSB
investigation before issuing an AD.
These commenters stated or suggested
that the proposed AD is premature and
that the NTSB’s determinations would
affect the content or necessity of the
proposed AD. Piper stated that the
proposed AD would likely interfere
with the NTSB’s investigation. Some of
these commenters specifically
referenced the NTSB’s investigation of a
Piper Model PA–28R–201 Arrow III that
VerDate Sep<11>2014
16:35 Jun 02, 2020
Jkt 250001
experienced an in-flight wing separation
on April 4, 2018.
The FAA does not agree. In
accordance with 14 CFR 39.5, the FAA
issues airworthiness directives when an
unsafe condition exists in the product,
and the condition is likely to exist or
develop in other products of the same
type design. While the NTSB
contributes critical information to
accident prevention efforts, the FAA’s
determinations of unsafe conditions are
not dependent on the outcome of NTSB
investigations. The FAA, Piper, and the
NTSB concurred that the subject failure
was the result of an undetected fatigue
crack in the wing spar. This was
supported by the NTSB’s release of
Preliminary Report ERA18FA120 and a
later Investigative Update, which
disclosed additional fatigue cracks on
another airplane. Although the NTSB’s
final report (issued after the NPRM
published) provides additional details
regarding the accident, it does not yield
information previously unknown to the
FAA that would have altered the
content of the NPRM, nor did the NTSB
request the FAA delay issuing the
NPRM pending its final report. The
NTSB reports may be found at https://
www.ntsb.gov/investigations/pages/
era18fa120.aspx. The FAA did not make
changes to this SNPRM based on these
comments.
Request To Withdraw the NPRM
Dwight Schrute, Ross Carbiner,
Thomas Feminella, AOPA, EAA,
GAMA, Piper, and 21 other commenters
stated that because the AD was issued
as an interim action with a reporting
requirement, the AD is inappropriate
and does not address a known unsafe
condition. Nine of those commenters
stated that a special advisory
information bulletin (SAIB), service
bulletin, or other voluntary action is a
more appropriate method of addressing
the wing spar fatigue cracking. Four of
those commenters opposed the AD
generally. Michael Powell did not
request to withdraw the NPRM, but
suggested the FAA obtain information
from DeHaviland Support, because this
company has experience with a relevant
wing spar fatigue monitoring scheme
that has been implemented for the
DeHaviland Model Chipmunk airplanes.
Three other commenters suggested the
FAA gather data from voluntary
inspections and salvage parts before
issuing an AD.
The FAA does not agree to withdraw
the NPRM. The FAA may issue an AD
as an interim action for several reasons,
including to obtain inspection results to
determine the necessity of additional
action or final action, while
PO 00000
Frm 00013
Fmt 4702
Sfmt 4702
34123
simultaneously requiring inspections to
mitigate the unsafe condition. The
primary considerations in reaching the
decision for an interim AD were: (1) The
catastrophic failure mode resulting from
this condition, and (2) the inability to
detect the subject cracking during a
routine inspection. The NTSB accident
database shows a relatively small
number of Piper Model PA–28 airplane
wing failures related to fatigue cracks
(three known). However, the only
reported cracks were discovered after
wing separations, since the cracks
developed and grew in a normally
concealed structural area. In addition, it
can be predicted based on engineering
priniciples of crack propagation that a
fatigue crack in this location will grow
with each load cycle and eventually
result in wing spar failure. Due to the
fatality rate associated with the known
failures, the risk analysis protocol used
by the FAA justifies mandatory
corrective action. Both the NPRM and
this SNPRM employ methodology to
screen out the majority of lower-risk
airplanes based on usage history. The
FAA did not make changes to this
SNPRM based on these comments.
C. Comments Regarding Applicability
Requests To Revise the Airplane Models
Listed in the Applicability Section
Piper, EAA, and GAMA stated that
the applicability of the proposed AD is
too broad and includes models with
different structural layouts and loads, or
other key aspects that affect spar fatigue.
Piper specifically advised the FAA to
rely on Piper’s analysis and limit the
proposed AD to Piper Models PA–28R–
180, PA–28R–200, PA–28R–201, PA–
28R–201T, PA–28RT–201, PA–28RT–
201T, and PA–28–235 airplanes (all
serial numbers), and certain serialnumbered Models PA–32–260 and PA–
32–300 airplanes. Eight other
commenters agreed with the comments
submitted by Piper. AOPA and two
individual commenters expressed
concern that the FAA did not accept
Piper’s recommendation on the limited
scope of airplanes that may be subject
to the unsafe condition. The NTSB
supported the inclusion of Models PA–
28–235, all PA–28R-series, PA–32–260,
and PA–32–300 airplanes in the
proposed AD, and requested that the
FAA reconsider whether the proposed
AD should include all PA–28-series
models (other than Model PA–28–235).
Thomas Rae identified Piper model
seaplanes and airplanes that, given their
similar structure, hours in service, and/
or use in flight training, should be
added to the Applicability section of the
proposed AD. Twelve other commenters
E:\FR\FM\03JNP1.SGM
03JNP1
lotter on DSK9F5VC42PROD with PROPOSALS
34124
Federal Register / Vol. 85, No. 107 / Wednesday, June 3, 2020 / Proposed Rules
requested the FAA clarify the inclusion
or exclusion of various specific models.
Charles Martinak stated wingspan,
maximum gross takeoff weight, and
retractable gear architecture should be
the main similarity factors for inclusion
in the applicability.
The FAA agrees that the models listed
in the Applicability of the proposed AD
should be revised. The Applicability
section was designed to screen out
lower-risk airplanes from the inspection
requirement by applying only to
airplanes with 5,000 or more hours TIS,
unless maintenance records are missing
and/or incomplete or a wing has been
replaced. The subsequent maintenance
records review to calculate factored
service hours was intended to eliminate
an additional large number of remaining
airplanes from the AD requirements.
Only the airplanes at the highest risk for
fatigue cracks would be required to
conduct the eddy current inspection.
Piper Aircraft provided the FAA with
extensive analyses of similarly
structured airplanes, including
comparison of factors such as structural
geometry, certificated weights, design
airspeeds, bending moments, and wing
loading parameters including gust loads,
maneuvering loads, and landing loads.
Although the FAA accepted all of
Piper’s initial recommended models for
effectivity, Piper’s recommended
effectivity did not include the group of
airplanes addressed in Piper Aircraft,
Inc. Service Bulletin No. 886, dated June
8, 1988 (Piper SB 886) (Wing Spar
Inspection). Piper SB 886 includes the
Model PA–28–181 airplane, which was
involved in two wing separation
accidents in 1987 and 1993. Both
accident airplanes had fatigue cracks in
the wing spar as mentioned in the NTSB
Final Accident Report ERA18FA120.
Due to the inability to visually inspect
the specific area of the structure once
the wing has been assembled, cracks
may go undetected and unreported for
a significant period of time.
Consequently, a reported crack at this
location is more likely to come from an
investigation of a wing spar failure than
as the result of a routine inspection or
maintenance. The FAA initially
expanded on Piper’s recommended
effectivity to include all airplane models
in the Applicability section of Piper SB
886.
Since issuing the NPRM, and partially
in response to public comments, the
FAA has adopted a more focused risk
criteria using load data provided by
Piper. This risk approach and the
resulting change in applicability adds
three airplane models (Models PA–32R–
300, PA–32RT–300, and PA–32RT–
300T) and removes five airplane models
VerDate Sep<11>2014
16:35 Jun 02, 2020
Jkt 250001
(Models PA–28–140, PA–28–150, PA–
28–160, PA–28–161, and PA–28–180)
from the Applicability section of this
SNPRM, for a net reduction of
approximately 8,800 lower-risk aircraft.
The FAA developed a more precise
methodology for identifying risk. Flight
loads of all similar models were
compared to those of the PA–28R–201
(accident aircraft) as a baseline. Those
aircraft models with calculated wing
loads greater than or equal to 95 percent
of baseline are considered at-risk and
are included in the new effectivity.
While the additional parameters
included in the new screening method
allowed us to remove many lower risk
aircraft, it also identified three models
that were not captured by the previous,
broader, approach. Because this
methodology considers only the
potential damage to the aircraft and not
the actual load history of an individual
aircraft, the additional maintenance
record reviews are used to determine
when the AD becomes applicable to a
specific aircraft.
D. Comments Regarding the ‘‘Factored
Service Hours’’ Formula
Requests To Clarify and Revise the
‘‘Factored Service Hours’’ Formula
Floris Oldenbroek, Richard Davis, and
three other commenters expressed
confusion at the formula and requested
clarification and guidance; two of these
commenters specifically asked about the
divisor ‘‘17.’’ Many commenters noted
various flaws in the proposed
methodology for counting 100-hour
inspections. Tom Rafferty, Kenneth
Minck, Brian Christie, and
approximately 19 other commenters
stated maintainers often document 100hour inspections as ‘‘annual’’
inspections or as ‘‘annual/100-hour’’
inspections. EASA, AOPA, and three
individual commenters stated that the
formula would cause issues with
international operators because, unlike
the FAA’s regulations, foreign civil
aviation authorities do not distinguish
between 100-hour and annual
inspections. Several other commenters
noted that using 100-hour inspections is
not an accurate way of determining high
stress flight hours. GAMA and five
individual commenters noted that the
formula does not address operators that
are on a progressive inspection program
under 14 CFR 91.409(d). Outer Banks
Airlines and three individual
commenters stated that not all
commercial operations, which will be
captured by counting 100-hour
inspections, are used for flight
instruction. These commenters
explained that charter flights operated
PO 00000
Frm 00014
Fmt 4702
Sfmt 4702
under 14 CFR part 135 are not subject
to the harsh training environment of
training operations and are instead
flown by highly trained pilots on longer
flights with fewer landings.
Many of the commenters proposed
different methodologies to use in
determining the factored service hours.
Chris Sobers, Thomas Downey, and
three other commenters suggested using
total time on the airframe (‘‘TTAF’’) as
a less complex method. Floris
Oldenbroek asked whether the total
time of the aircraft could be used
instead of the factored service hours
formula if an airplane has only been
utilized as a trainer. Martin Kennett and
Lawrence Mangus suggested using the
number of landing cycles/severe
landings as a better indication of fatigue
damage. Suggestions from other
commenters included: Omitting 100hour inspections performed in
conjunction with an annual inspection;
omitting 100-hour inspections
performed voluntarily and not required
by § 91.409(b); using a severity factor to
indicate primary use in flight training;
only including airplanes used by flights
schools/excluding airplanes with no
history of use in training; and adding a
penalty for hard landings and major
wing damage.
The FAA agrees to explain the
formula based on these comments. The
FAA developed the factored service
hours formula to determine an
approximate factored service life for any
airplane, including those with mixed
usage history. The formula attributes
100 factored service hours for each 100hour inspection recorded in the airplane
maintenance records. For an airplane
that has been inspected under
§ 91.409(b) for its entire lifecycle, the
owner/operator may use hours TIS for
the factored service hours. The divisor
of 17 accounts for the difference in
structural life expectancy between
‘‘normal’’ use and ‘‘training’’ use, based
on industry studies of crack growth
development. Piper adopted a similar
formula for use in Piper SB 886 and
Piper Service Bulletin SB 978A, dated
August 6, 1999 (Piper SB 978A).
This SNPRM includes guidance for
determining the quantity ‘‘N’’ in the
factored service hours formula based on
the various maintenance record entry
notations that may be used to indicate
compliance with the 100-hour
inspection requirements. As proposed
in this SNPRM, the airplane
maintenance records review must
consider any inspection that was done
to comply with the 100-hour inspection
requirement under § 91.409(b), which
pertains to carrying persons for hire and
providing flight instruction for hire.
E:\FR\FM\03JNP1.SGM
03JNP1
lotter on DSK9F5VC42PROD with PROPOSALS
Federal Register / Vol. 85, No. 107 / Wednesday, June 3, 2020 / Proposed Rules
Regardless of whether the inspection is
logged as an ‘‘annual’’ or ‘‘100-hour,’’ if
the purpose was to comply with the
100-hour requirement of § 91.409(b),
then the inspection must be counted.
The purpose of an inspection may be
determined by noting the interval
between inspections (i.e., less than 10
months and typically from 90 to 110
flight hours would indicate a Part
91.409(b) inspection). A ‘‘100-hour’’
inspection done concurrently with an
annual inspection, not required by
§ 91.409(b), does not have to be counted.
For operators utilizing a ‘‘progressive’’
inspection program, only inspections
that complete each 100-hour cycle must
be counted as a 100-hour inspection.
The FAA has considered the impact
of the proposed formula on
international operators and agrees with
EASA that civil airworthiness
authorities (CAAs) would have to
develop a different approach instead of
fully adopting the FAA’s AD. The FAA
encourages CAAs to use their equivalent
inspection requirements to account for
differences in terminology relative to
annual versus 100-hour inspections and
other unique operational requirements.
The FAA is available to support any
such efforts as requested by a CAA.
The FAA has also considered the
alternative methods suggested by the
commenters and determined that the
formula in this SNPRM is the best
method for allowing personal-use
airplanes to defer the inspection. Using
TTAF or TIS alone would not account
for different types of usage history.
Other commenters’ proposals, while
logical and valid, are not based on
regulatory recordkeeping requirements
and therefore would create other
difficulties for owners and operators.
For example, while use and history
specifically in flight training, landing
cycles, and hard landings are valid
indicators, there is no regulatory
requirement for U.S. operators to
maintain such records, particularly for
personal use airplane maintenance
records. The FAA considered adding a
penalty for any history of major repairs
to the wing, but determined it would
not be necessary. Any cracks, as well as
other damage, would be detected and
corrected during the repair to the wing,
as the FAA’s maintenance regulations
require restoring the wing to its original
or properly altered condition before
approving it for return to service. In
addition, any operator that believes
their airplane does not fit the
applicability/risk focus of this SNPRM
may provide substantiating data and
request approval of an alternative
method of compliance (AMOC) to the
AD action using the instructions found
VerDate Sep<11>2014
16:35 Jun 02, 2020
Jkt 250001
in paragraph (o) of this AD. The FAA
will consider all AMOC requests on a
case-by-case basis.
Request for Clarification of When To
Calculate Factored Service Hours
Mark Talaga requested clarification on
the correct hours to require the eddy
current inspection, 5,000 hours TIS or
5,000 factored service hours. Richard
Davis asked the FAA to clarify why the
records review would be done when the
airplane has 5,000 hours TIS and not
6,000 hours TIS.
The FAA agrees to provide additional
information on this proposed
requirement. The applicability
paragraph of the NPRM referenced a
table listing the potentially affected
models and serial-numbered airplanes.
It also provided three criteria to
determine if the AD applied to the
models listed in the table: (1) The
airplane has accumulated 5,000 or more
hours TIS; (2) the airplane has had
either main wing spar replaced with a
serviceable main wing spar (more than
zero hours TIS); or (3) the airplane
maintenance records are missing and/or
incomplete.
The 5,000 hours TIS criteria in
paragraph (c), Applicability, is only
used to determine if the AD applies to
the airplane. If the airplane does not
meet any of the three criteria, then the
AD does not yet apply to that airplane.
Only if and when one of those three
conditions exist would the proposed AD
require an airplane maintenance records
review to determine the factored service
hours. Then, only if the resulting
calculation determines that the airplane
has reached 5,000 factored service hours
must an eddy current inspection be
completed within 100 hours TIS.
The 5,000 factored service hours
compliance time is determined by
taking the known factored hours at spar
failure, and regressing to predict the
time of crack initiation. Starting the
inspection at 5,000 factored service
hours provides a reasonable opportunity
to detect a crack before it reaches a
dangerous length. Because it is
impossible for an aircraft to accumulate
5,000 factored service hours without
having flown 5,000 hours TIS, there is
no need to review an airplane’s
inspection record before 5,000 hours
TIS.
Request To Change Quantity of 100Hour Inspections Used in the
Calculation
John Longley requested limiting the
100-hour inspection calculation to the
past 5, 7, or at most 10 years rather than
since the airplane was new.
PO 00000
Frm 00015
Fmt 4702
Sfmt 4702
34125
The FAA disagrees. The effect of
fatigue on a structure is cumulative
regardless of when it occurred. The
factored service hours formula takes
into account airplanes with mixed usage
history and provides credit for hours
TIS accrued while in ‘‘normal’’ usage.
The FAA did not make changes to this
SNPRM based on this comment.
Request To Allow the Owner/Operator
To Review the Airplane Maintenance
Records
Tom McIntosh, Dennis Mulloy, and
four other commenters requested that
the owner/operator be allowed to review
the airplane maintenance records and
calculate the factored service hours.
These commenters objected to the cost
associated with requiring a mechanic to
do the airplane maintenance record
review, when the owner/operator is
capable.
The FAA agrees. The FAA does not
consider an airplane maintenance
records review to be a maintenance
action, and the SNPRM has been
clarified to state that the owner/operator
(pilot) may conduct the review and
calculate the factored service hours to
determine if the eddy current inspection
proposed by this SNPRM is necessary.
The airplane maintenance records
review cost estimate has been retained
in this SNPRM, since owners may
choose to have a mechanic perform the
initial review and factored service hours
calculation.
E. Comments Regarding Missing
Records
Requests for Clarification of Missing
Aircraft Maintenance Records
Dennis Mulloy requested clarification
of what would constitute missing or
incomplete maintenance records. James
Layton asked for guidance where
logbook entries may be missing but the
airplane has verifiable hours through
the original tachometer. Michael
Beasley requested clarification for
missing logbooks that are reconstructed
by the maintenance facility that serviced
the airplane.
The FAA agrees to provide
clarification. The premise of calculating
factored service hours to determine the
risk category of an airplane is based on
the accuracy and completeness of the
airplane maintenance records for the
entire history of the airplane. An
absence of airplane maintenance records
entries over an extended period (as in
the case of dormant airplanes) does not
constitute missing or incomplete
maintenance records if tachometer/
Hobbs time continuity shows the
airplane did not operate during that
E:\FR\FM\03JNP1.SGM
03JNP1
34126
Federal Register / Vol. 85, No. 107 / Wednesday, June 3, 2020 / Proposed Rules
time. For purposes of this proposed AD,
reconstructed records should be
considered the same as missing or
incomplete records. Physically missing
airplane maintenance records or
logbook pages that include
unaccounted-for operational hours or
records not retained after work is
superseded in accordance with 14 CFR
91.417(b)(1), would be considered
missing or incomplete maintenance
records.
lotter on DSK9F5VC42PROD with PROPOSALS
Requests for an Alternative Method for
Missing Aircraft Maintenance Records
Michael Graziano, Duke Ball, Stephen
Allen, and Olmond Hall requested that
for airplanes with missing or incomplete
maintenance records, operators be
allowed to assume that 100-hour
inspections were completed for the
purposes of calculating the factored
service hours, instead of being
automatically required to complete the
eddy current inspection. Four other
commenters proposed or requested
similar methods for attributing
unknown hours TIS.
The FAA disagrees. While the FAA
does not object in theory with an
alternate method of computing factored
service hours in the case of missing
airplane maintenance records, there are
other issues to consider. Missing
airplane maintenance records may mask
the replacement of a tachometer or
Hobbs meter, thus invalidating the total
hours TIS. Missing records may hide
information on the history of the wing/
wing spar on the airplane. Without
airplane maintenance records for the
entire airplane’s history, an operator
cannot determine if the airplane has the
original wing(s) or a replacement
wing(s). For this reason, the FAA
determined that, for purposes of this
proposed AD, operators with missing or
incomplete records must assume that
the wing history is unknown. An owner
who can provide other documentation
supporting the history of the airplane or
wing spar and show an acceptable level
of safety may request approval of an
AMOC to the AD action with
substantiating data using the
instructions found in paragraph (o) of
this SNPRM. The FAA will review all
AMOC requests and may approved the
requests on a case-by-case basis. The
FAA did not make changes to this
SNPRM based on these comments.
F. Comments Regarding Compliance
Times
Thurman Bodenheimer, Christian
Quitntero, and three other commenters
requested that the compliance times and
intervals in the NPRM be changed to
match the airplane usage groups and
VerDate Sep<11>2014
16:35 Jun 02, 2020
Jkt 250001
intervals contained in Piper SB 886 and
Piper SB 978A.
The FAA disagrees. Piper SB 886 and
Piper SB 978A classify airplanes used in
flight training as ‘‘normal usage,’’ which
puts compliance for the initial
inspection far beyond the initial
(critical) inspection time specified in
the NPRM. The FAA has found that this
compliance time is not sufficient to
address the unsafe condition.
Additionally, the compliance time
charts in Piper SB 886 and Piper SB
978A specify the airplane’s usage class
based on subjective criteria such as
‘‘significant time’’ flown below 1,000
feet during any part of the airplane’s
history. There is no regulatory
requirement for operators to record or
maintain hours TIS by operation at
certain altitudes; thus, most operators
would have no way of determining this
information.
Hillel Glazer proposed a specific
tiered approach for compliance with the
initial airplane maintenance records
review by prioritizing airplanes based
on usage history, with the lowest tier
requiring the airplane maintenance
record review within 100 hours TIS.
Michael Graziano requested changing
the compliance time from 30 days to 50
hours TIS or at the next annual
inspection, similar the service
information provided by Piper. The
FAA disagrees. The usage rate of each
airplane after the effective date of the
AD will vary, and the use of calendar
time ensures all operators review their
maintenance records within a specified
timeframe. Also, this SNPRM has been
revised to allow the owner/operator
(pilot) to do the maintenance records
review. If the review of the maintenance
records and the factored service hours
indicate the operator must have an eddy
current inspection done on the airplane,
the compliance time is within 100 hours
TIS after the factored service hours
determination.
The FAA did not make changes to this
SNPRM based on these comments.
G. Comments Regarding the Proposed
Inspection
Requests To Remove Eddy Current
Inspection Because of Possible Damage
Daniel Stanley, Thomas Wiedenbeck,
Mitchell Ross, Dana Pyle, Don Morris,
Piper, and 17 other commenters stated
that removal of wing attach bolts for the
purpose of conducting the bolt hole
inspection would create the potential of
maintenance-induced damage to the
airplanes that would outweigh any
benefits realized from the inspection.
Piper advised of reports of damaged
spar bolt holes caused by removal of the
PO 00000
Frm 00016
Fmt 4702
Sfmt 4702
bolts to perform a voluntary inspection
of the fastener holes.
The FAA disagrees. Compliance with
AD 87–08–08, Amendment 39–5615 (52
FR 15302, April 28, 1987) (‘‘AD 87–08–
08’’) and AD 87–08–08R1, Amendment
39–5669 (52 FR 29505, August 10,
1987), which was rescinded on May 22,
1989, resulted in the dye penetrant
inspection of approximately 560
airplanes and required removing and
reinstalling 18 bolts per wing, or over
20,000 wing attach bolts. No known
accidents have been attributed to bolt
hole damage resulting from these
inspections. While the FAA
acknowledges the possibility of damage
during any maintenance action, the
relatively non-intrusive, wing-in-place
inspection method proposed in the
NPRM and in this SNPRM would have
minimal impact to affected airplanes.
The FAA did not make changes to this
SNPRM based on these comments.
Requests To Use a Different Inspection
Method
Forrest Benson, Charles Donnelly,
James Graham, and twelve other
commenters proposed using a different
inspection method than an eddy current
inspection, such as ultrasound, x-ray,
dye/liquid penetrant, or borescope
inspections. Some of these commenters
proposed using a borescope because it
would preclude removal of the bolts.
Many commenters expressed concern
about the availability of qualified
inspectors to do the eddy current
inspection and the need to deliver the
airplane to a distant facility to have the
eddy current inspection done.
The FAA disagrees. Borescope and
dye penetrant methods are not generally
capable of detecting cracks in the
targeted range of .030 to .050 inch. Once
a fatigue crack reaches a visibly
detectable size, growth can accelerate at
a dangerous rate. It is imperative that
operators identify any cracks while
within the targeted range. Also, because
the lower spar cap sits on the spar carry
through and its upper flanges are
covered by the web doublers, the spar
cap is not visually inspectable when
installed. The insides of the bolt holes
are not visible with a borescope inside
the wing carry-through assembly
without removing the bolts. While the
FAA acknowledges the value of x-ray
technology and ultrasound inspections
in material identification and thickness
determination, those methods are not
considered capable of reliably detecting
very small fatigue cracks. Changes made
to the proposed AD in response to other
comments will increase the availability
of inspectors qualified to do the eddy
current inspections. The FAA did not
E:\FR\FM\03JNP1.SGM
03JNP1
Federal Register / Vol. 85, No. 107 / Wednesday, June 3, 2020 / Proposed Rules
make additional changes to this SNPRM
as a result of these comments.
Requests To Expand the Eddy Current
Inspection Qualifications
Requests To Use a Different Eddy
Current Inspection Method and
Equipment
Samuel Tucker, Norman Jones, and
Humphrey Penney requested the
proposed requirement for NAS 410
Level II or Level III qualifications to
perform the eddy current inspection be
expanded to include equivalent
certifications.
The FAA agrees. The FAA has revised
the proposed AD to allow Level II or
Level III qualification standards for
inspection personnel using any of the
inspector criteria approved by the FAA
to conduct the eddy current inspection.
This proposed change would increase
the availability of inspectors qualified to
do the eddy current inspections.
Tony Brand submitted an eddy
current inspection procedure and
requested approval to use this method
as an alternative method of compliance.
John Longley, Jr. requested that the eddy
current inspection not require specific
proprietary equipment. The FAA agrees
that alternate eddy current methods may
be acceptable. For any owner/operator
who wishes to use a different procedure,
the FAA will consider requests for
approval of an AMOC if sufficient data
is submitted to substantiate that it
would provide an acceptable level of
safety, using the instructions in
paragraph (o) of this AD. The FAA will
consider all AMOC requests on a caseby-case basis.
Neither the NPRM, nor this SPNRM,
propose to require the use of any
particular model equipment. The NPRM
and Piper Service Bulletin No. 1345,
dated March 3, 2020, which this
SNPRM proposes to incorporate by
reference, contain optional examples of
equipment that meet the requirements
for conducting the eddy current
inspection.
lotter on DSK9F5VC42PROD with PROPOSALS
Requests for Clarification of Bolt Hole
Inspection
EASA requested clarification on the
bolt holes to be inspected. EASA stated
that Piper’s service bulletins specify
inspecting a larger area of the lower spar
cap and asked whether inspecting only
the two outboard holes, as proposed in
the NPRM, is adequate. Blue Skies
Flying Services requested clarification
on the difference between the proposed
inspection procedure in appendix 1 of
the NPRM, which refers to only the two
lower outboard bolt holes, and the
proposed requirement to perform an
eddy current inspection in paragraph (h)
of the NPRM, which refers to each bolt
hole on the lower main wing spar cap.
The FAA agrees to clarify and revise
the proposed requirement. The FAA has
determined that the requirements in the
NPRM to inspect only the two lower
outboard bolt holes are adequate. The
FAA has not observed a pattern of
cracking at other spar hole locations and
has not determined the benefit of
inspecting additional holes would
outweigh the potential of damage from
bolt removal. The FAA has revised the
proposed inspection requirements in
this SNPRM to specify the two lower
outboard bolt holes.
VerDate Sep<11>2014
16:35 Jun 02, 2020
Jkt 250001
Requests To Clarify/Develop Additional
Actions
Mark Morris, Tony Brand, Michael
Graziano, and Michael Beasley
requested information about recurring
inspection requirements associated with
the NPRM. Forrest Benson asked
whether the FAA and Piper could
develop a doubler repair instead of
requiring replacement of the spar due to
parts unavailability. William Johnson
noted that the only permanent solution
would be to produce a spar strap or
reinforcing plate. The FAA agrees to
provide additional information related
to follow-on actions that may be
associated with this proposed AD. As a
proposed interim action, this SNPRM
would require a one-time inspection for
cracks and a reporting requirement. The
FAA will evaluate the results of the
reports to determine if mandating
terminating or repetitive action is
warranted. The FAA and Piper have
discussed possible contingent repetitive
and terminating actions and determined
that a doubler repair is not a practical
repair solution at this time.
Requests To Add Aft Wing Attach
Fitting Inspection
Steven Ells and Pascal Robitaille
expressed concern over the integrity of
the aft spar attach point as a
contributing factor to the fatigue
cracking. These commenters requested
including an inspection of the aft wing
attach fitting for excessive play as a step
in the NPRM and, if movement is
detected, then performing the proposed
eddy current inspection. John Henry
described experiences with the aft spar
attach and suggested criteria for a
mandatory inspection.
The FAA acknowledges that the
integrity of the forward and aft wing
spar attach points are relevant to loads
imparted into the wing spar, but the
FAA disagrees with adding an
PO 00000
Frm 00017
Fmt 4702
Sfmt 4702
34127
inspection of the wing spar attach
points to this SNPRM. There is
insufficient evidence to conclude that
the forward or aft wing spar attach
points have contributed to the unsafe
condition addressed in this SNPRM.
The FAA did not change this SNPRM as
a result of these comments.
Requests Regarding the Installation of
Access Panels
David Sampson and Gerald Brown
expressed concern that the NPRM fails
to address that holes have to be cut in
the wing skin and access panels
installed to access the inspection area.
The FAA disagrees. The eddy current
inspection proposed by the NPRM does
not require installing holes or access
panels. The FAA did not make changes
to this SNPRM as a result of this
comment.
H. Comment Regarding the Reporting
Requirement
GAMA requested that the FAA revise
the proposed AD to require reporting
inspection results to both the FAA and
to Piper, the type certificate holder.
The FAA agrees and has revised this
SNPRM accordingly.
I. Comments Regarding Credit for
Previous Maintenance Actions
Bryan Russell, Mark Maxwell, Art
Sebesta, and Charles Martinak asked for
credit for airplanes that have previously
complied with AD 87–08–08, Piper SB
886, or Piper SB 978A, which specified
removal of both wings and dye
penetrant inspection of all main spar
attach bolts.
The FAA disagrees. Dye penetrant
inspection methods are not generally
capable of detecting cracks in the
targeted range of .030 to .050 inch.
Additionally, the FAA is aware of one
wing spar failure on an airplane after
having undergone the dye penetrant
inspection required by AD 87–08–08.
Barry Roberts and Mark Womack
requested credit for airplanes with a
wing that has been replaced with a
serviceable wing (over zero hours TIS)
with a documented service history.
Daniel Stanley stating that the proposed
AD should not be required on airplanes
that had a wing replaced 40 years ago
with a low time wing. (The commenter
did not state whether the documented
wing history was available.)
The FAA disagrees. Replacement
wings (over zero hours TIS) that do not
have a complete documented history
raise the same considerations as missing
airplane maintenance records. For a
documented serviceable wing with less
than 5,000 factored service hours, an
owner/operator who can provide
E:\FR\FM\03JNP1.SGM
03JNP1
34128
Federal Register / Vol. 85, No. 107 / Wednesday, June 3, 2020 / Proposed Rules
documentation supporting the history of
the airplane or wing spar and show an
acceptable level of safety may provide
substantiating data and request approval
of an AMOC using the instructions
found in paragraph (o) of this AD. The
FAA will consider all AMOC requests
on a case-by-case basis. The FAA did
not make changes to this SNPRM based
on these comments.
J. Comments Regarding Special Flight
Permits
Thomas Feminella requested that the
proposed AD allow a one-time ferry
flight, because eddy current inspection
facilities are scarce, many owners may
fly their airplanes somewhere away
from their base to get the inspection
done, and if the wings fail the
inspection the airplane may be trapped
at a location where no major repairs are
available. Charles Martinak also
expressed concern of being grounded
after flying to a distant facility for
testing, which may or may not have
repair capability.
The FAA disagrees. Once a crack in
the wing spar area reaches a detectable
size, growth becomes rapid. The FAA
does not allow ferry flights with known
cracks in primary structures. However,
the FAA has changed the inspector
requirements, which will increase the
number of available inspectors. The
FAA did not make additional changes
based on these comments.
lotter on DSK9F5VC42PROD with PROPOSALS
K. Comments Regarding the Costs of
Compliance
AOPA and nine individual
commenters stated generally that the
estimated costs of the proposed AD are
incorrect or too low.
Requests To Update the Cost of the
Eddy Current Inspection
Doug Morrow and two other
commenters noted that the FAA’s
estimated labor rate is too low. Thomas
Downey, Mitchell Ross, and twenty
other commenters stated that the
estimated cost of the proposed
inspection, particularly the labor rate for
an inspector qualified for eddy current,
was underestimated. Piper submitted a
list of estimated costs to conduct the
eddy current inspection and to do any
rework; nine other commenters agreed
with Piper’s costs. EAA, GAMA, Steven
Ells, Doug Morrow, Piper, and two other
commenters requested the estimated
number of work-hours for the inspection
be increased.
The FAA agrees to revise the
estimated cost of conducting the eddy
current inspection. The labor rate of $85
per hour is provided by the FAA Office
of Aviation Policy and Plans for use
VerDate Sep<11>2014
16:35 Jun 02, 2020
Jkt 250001
when estimating the labor costs for
complying with AD requirements.
However, the FAA acknowledges the
higher hourly rate associated with the
specialized skills that would be required
by the proposed AD. The FAA has
increased the cost estimate for the eddy
current inspection to $600 in this
SNPRM.
The FAA observed several airplane
inspections by private entities and the
NTSB investigative team, which
included representatives from NTSB,
FAA, Piper, and Embry-Riddle. It took
from 2 to 4 work-hours, inclusive of
gaining access and restoring the
airplane, to do the proposed
inspections. However, in the NPRM the
FAA did not take into account that a
portion of the labor requires a second
person (bolt removal and reinstallation).
The FAA has revised the number of
work-hours estimated to do the
inspections from 3 to 5 hours.
Requests To Update the Replacement
Cost
Thomas Rae, Doug Morrow, AOPA
and six other commenters raised
concerns about the cost to replace a spar
or requested the FAA significantly
increase the cost/number of hours to
replace a wing spar. Two commenters
noted that replacing a spar is not
possible because there are no parts
available, and three commenters
questioned why a replacement spar
must be a new spar. Piper recommended
the FAA’s estimated costs include the
cost of replacing the entire wing.
The FAA agrees with the comments
concerning the number of labor hours
and has increased the number of workhours estimated for the wing-spar
replacement from 32 to 80 hours. The
FAA disagrees with adding the cost for
wing replacement. The cost estimate in
AD rulemaking actions include only the
costs associated with complying with
the AD. Although the FAA agrees that
replacing the wing is an acceptable
method of complying with a required
spar replacement, that method is
optional and not required by the AD.
Although the FAA acknowledges the
difficulty for some operators due to an
unavailability of parts, this does not
negate the need to correct the identified
unsafe condition. The wing spar is
critical for safe flight.
Requests To Include Indirect Costs
Four individual commenters noted
that the FAA’s cost estimate does not
include labor hours sufficient for
indirect costs, such as painting, crating
and transportation, and the diminished
value of the aircraft.
PO 00000
Frm 00018
Fmt 4702
Sfmt 4702
The FAA acknowledges the concerns
raised by these commenters. However,
the cost analysis in AD rulemaking
actions typically includes only the costs
of actions actually required by the rule.
Cost estimates for ADs do not include
indirect costs such as hours necessary
for closing actions, costs for
transportation to or from facilities for
maintenance, or other losses. The FAA
did not make changes to this SNPRM
based on these comments.
Request To Revise the Cost for the
Records Review
AOPA requested the FAA revise the
number of hours estimated to review the
maintenance records and calculate the
number of factored service hours. In
support of its request, AOPA noted that
the age of affected aircraft may be
several decades old, necessitating more
than the estimated two hours.
The FAA agrees. Most general
aviation airplane maintenance record
entries are comprised of periodic
inspections, which often include annual
maintenance items, thus making such a
review fairly straightforward. Flight
schools and fleet operators often
maintain electronic records, making
data retrieval a simple matter. The FAA
acknowledges that variations in record
keeping styles encountered in older
maintenance records may require
additional time to review. Additionally,
since the initial airplane maintenance
records review to determine factored
service hours effectivity is not
considered a maintenance item, it can
be accomplished by the owner/operator
(certified pilot). The FAA has revised
the number of hours to review the
records from two hours to three hours
and added language to clarify that an
owner/operator may review the airplane
maintenance records in this SNPRM.
Request To Increase the Number of
Affected Airplanes in the Cost of
Compliance Section
Piper requested that the estimated
costs be revised to include all affected
airplanes worldwide instead of the
19,696 U.S.-registered airplanes
identified in the NPRM. Piper further
objected to the lack of an estimated fleet
cost for the eddy current inspections,
and stated 40,856 airplanes should be
included in the cost estimate because all
airplanes over 10 years of age would be
potentially subject to the inspections.
The FAA disagrees. The cost analyses
in AD rulemaking actions estimate the
cost impact on U.S. operators. The FAA
bases its estimate on the number of
affected airplanes on the U.S. registry.
Including all airplanes worldwide, as
the commenter requested, would not
E:\FR\FM\03JNP1.SGM
03JNP1
Federal Register / Vol. 85, No. 107 / Wednesday, June 3, 2020 / Proposed Rules
result in an estimate relevant to the cost
impact of the proposed AD on U.S.
operators.
The FAA also disagrees that all 19,696
airplanes would be required to calculate
the factored service hours. A small
sampling of approximately 200 affected
airplanes, aged 15 years and older,
indicated that only 34 percent had
reached the 5,000 hours TIS that would
put them into the applicability of
paragraph (c)(1) of the NPRM and
require further calculation of the
factored service hours. Therefore, the
FAA estimates that a large number of
the affected airplanes will not have
reached 5,000 hours TIS, have missing
logbooks, or have undergone a wing
replacement and will therefore be able
to defer further review of airplane
maintenance records. The FAA did not
makes changes to this SNPRM based on
this comment.
lotter on DSK9F5VC42PROD with PROPOSALS
L. Comment Regarding Effect of the
Proposed AD on Intrastate Aviation in
Alaska
Piper requested the FAA correct the
statement in the NPRM that the
proposed AD would have no effect on
intrastate commerce in Alaska. Piper
stated that the proposed AD would
affect 189 U.S. registered PA–32–260
and PA–32–300 aircraft, which are
widely utilized by many part 135
operators who serve the Alaska
communities that rely on aviation as
their only mode of transportation.
The FAA agrees and added clarifying
language that the AD does affect
operators in Alaska; however, it does
not have a significant enough effect to
make a regulatory distinction.
M. Comments Requesting an Extension
of the Comment Period
AOPA, EAA, GAMA, Piper, and seven
individual commenters requested the
FAA extend the comment period (from
45 days to 90 days) to allow additional
time to comment because the NPRM
was released preceding a holiday and
subsequent government shutdown.
Also, these commenters stated that
additional time is needed for industry
groups and the type certificate holder to
evaluate the impact of the NPRM and to
develop a solution.
The FAA partially agrees. At the time
the FAA issued the NPRM, an extension
of the comment period was not
necessary. During the partial
government shutdown of December 22,
2018, through January 25, 2019, the
online AD Docket at
www.regulations.gov remained open
and accepted public comments on the
NPRM. In spite of the proximity to the
VerDate Sep<11>2014
16:35 Jun 02, 2020
Jkt 250001
holidays, over 170 separate submittals
to the docket were received. However,
since the FAA has revised the proposed
AD actions and added airplanes to the
Applicability, this SNPRM is reopening
the comment period to provide the
public an opportunity to comment on
these proposed changes.
Related Service Information Under 1
CFR Part 51
The FAA reviewed Piper Aircraft, Inc.
Service Bulletin No. 1345, dated March
27, 2020 (Piper SB No. 1345). This
service bulletin contains procedures for
doing an eddy current inspection and
instructions to report the results of the
inspection to Piper and to replace the
wing, wing spar, or spar section as
necessary. This service information is
reasonably available because the
interested parties have access to it
through their normal course of business
or by the means identified in the
ADDRESSES section.
Other Related Service Information
The FAA reviewed Piper SB 886 and
Piper SB 978A. These service bulletins
contain procedures for determining
initial and repetitive inspection times
based on the aircraft’s usage and
visually inspecting the wing lower spar
caps and the upper wing skin adjacent
to the fuselage and forward of each main
spar for cracks. The FAA also reviewed
Piper Aircraft, Inc. Service Letter No.
997, dated May 14, 1987, which
contains procedures for replacing
airplane wings.
FAA’s Determination
The FAA is proposing this AD
because it evaluated all the relevant
information and determined the unsafe
condition described previously is likely
to exist or develop in other products of
the same type design. Certain changes
described above expand the scope of the
NPRM. As a result, the FAA has
determined that it is necessary to reopen
the comment period to provide
additional opportunity for the public to
comment on this SNPRM.
Proposed Requirements of This SNPRM
This SNPRM would require reviewing
the airplane maintenance records to
determine the number of 100-hour
inspections completed on each installed
main wing spar and using the number
of 100-hour inspections to calculate the
factored service hours for each main
wing spar. This SNPRM would also
require inspecting the two lower
outboard main wing spar bolt holes on
each wing for cracks once a main wing
spar exceeds the specified factored
PO 00000
Frm 00019
Fmt 4702
Sfmt 4702
34129
service hours and replacing any main
wing spar when a crack is indicated.
This SNPRM would only apply when an
airplane has either accumulated 5,000
or more hours TIS; has had either main
wing spar replaced with a serviceable
main wing spar (more than zero hours
TIS); or has missing and/or incomplete
maintenance records.
This SNPRM specifies that the owner/
operator (pilot) may do the aircraft
maintenance records review and the
factored service hours calculation.
Reviewing maintenance records is not
considered a maintenance action and
may be done by a pilot holding at least
a private pilot certificate. This action
must be recorded in the aircraft
maintenance records to show
compliance with that specific action
required by the AD.
Differences Between This SNPRM and
the Service Information
Piper SB 1345 specifies doing the
eddy current inspection upon reaching
5,000 hours TIS; however, this SNPRM
proposes using the factored service
hours to identify the airplanes at the
highest risk of developing fatigue
cracks. Piper SB No. 1345 also specifies
using its feedback form to report the
eddy current inspection results, but this
SNPRM proposes the use of a different
form attached as appendix 1. In
addition, this SNPRM requires
replacement of the wing spar with a
new (zero hours TIS) wing spar if cracks
are found; however, Piper SB No. 1345
allows replacement with parts that have
been previously installed on an
airplane.
Interim Action
The FAA considers this SNPRM
interim action. The inspection reports
will provide the FAA additional data for
determining the number of cracks
present in the fleet. After analyzing the
data, the FAA may take further
rulemaking action.
Costs of Compliance
The FAA estimates that this SNPRM
affects 5,440 airplanes on U.S. registry.
There are 10,881 airplanes of U.S.
registry with a model and serial number
shown in table 1 to paragraph (c) of the
proposed AD. Based on a sample
survey, the FAA estimates that 50
percent of those U.S.-registered
airplanes will have reached the
qualifying 5,000 hour TIS necessary to
do the required logbook review.
The FAA estimates the following
costs to comply with this SNPRM:
E:\FR\FM\03JNP1.SGM
03JNP1
34130
Federal Register / Vol. 85, No. 107 / Wednesday, June 3, 2020 / Proposed Rules
ESTIMATED COSTS
Action
Labor cost
Review airplane maintenance records and
calculate factored service hours.
3 work-hours × $85 per hour
= $255.
The FAA estimates the following
costs to do the eddy current inspection.
Because some airplanes are only used
Cost per
product
Parts cost
Not applicable ........................
non-commercially and will not
accumulate the specified factored
service hours in the life of the airplane,
$255
Cost on U.S.
operators
$1,387,200
the FAA has no way of determining the
number of airplanes that might need
this inspection:
ON-CONDITION COSTS
Labor cost
Gain access to the left-hand (LH) and right-hand (RH) inspection areas.
Do eddy current inspections of the LH and RH lower main
wing spar.
Restore aircraft .......................................................................
Report inspection results to ...................................................
the FAA and Piper Aircraft, Inc ..............................................
2 work-hours × $85 per hour = $170 .................
$20
$190
1 work-hour contracted service × $600 = $600
N/A
600
2 work-hours × $85 per hour = $170 .................
1 work-hour × $85 = $85 ....................................
N/A
N/A
170
85
The FAA estimates the following
costs to do any necessary replacements
that would be required based on the
results of the proposed inspection. The
FAA has no way of determining the
Parts cost
Cost per
product
Action
number of aircraft that might need this
replacement:
ON-CONDITION REPLACEMENT COSTS
Action
Labor cost
Replace main wing spar ......................................
80 work-hours × $85 per hour = $6,800 per
wing spar.
lotter on DSK9F5VC42PROD with PROPOSALS
Paperwork Reduction Act
A federal agency may not conduct or
sponsor, and a person is not required to
respond to, nor shall a person be subject
to a penalty for failure to comply with
a collection of information subject to the
requirements of the Paperwork
Reduction Act unless that collection of
information displays a currently valid
OMB Control Number. The OMB
Control Number for this information
collection is 2120–0056. Public
reporting for this collection of
information is estimated to be
approximately 1 hour per response,
including the time for reviewing
instructions, searching existing data
sources, gathering and maintaining the
data needed, completing and reviewing
the collection of information. All
responses to this collection of
information are mandatory. Send
comments regarding this burden
estimate or any other aspect of this
collection of information, including
suggestions for reducing this burden to:
Information Collection Clearance
Officer, Federal Aviation
Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177–1524.
VerDate Sep<11>2014
16:35 Jun 02, 2020
Jkt 250001
Parts cost
$5,540
Cost per product
$12,340 per wing spar.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. Subtitle VII:
Aviation Programs describes in more
detail the scope of the Agency’s
authority.
The FAA is issuing this rulemaking
under the authority described in
Subtitle VII, Part A, Subpart III, section
44701: General requirements. Under
that section, Congress charges the FAA
with promoting safe flight of civil
aircraft in air commerce by prescribing
regulations for practices, methods, and
procedures the Administrator finds
necessary for safety in air commerce.
This regulation is within the scope of
that authority because it addresses an
unsafe condition that is likely to exist or
develop on products identified in this
rulemaking action.
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.
For the reasons discussed above, I
certify this proposed regulation:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Will not affect intrastate aviation
in Alaska to the extent that it justifies
making a regulatory distinction, 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.
Regulatory Findings
The FAA determined that this
proposed AD would not have federalism
implications under Executive Order
13132. This proposed AD would not
have a substantial direct effect on the
The Proposed Amendment
PO 00000
Frm 00020
Fmt 4702
Sfmt 4702
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
E:\FR\FM\03JNP1.SGM
03JNP1
Federal Register / Vol. 85, No. 107 / Wednesday, June 3, 2020 / Proposed Rules
The FAA must receive comments by July
20, 2020.
1. The authority citation for part 39
continues to read as follows:
■
(b) Affected ADs
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
lotter on DSK9F5VC42PROD with PROPOSALS
Piper Aircraft, Inc.: Docket No. FAA–2018–
1046; Product Identifier 2018–CE–049–
AD.
(d) Subject
Joint Aircraft System Component (JASC)/
Air Transport Association (ATA) of America
Code 57, Wings.
(e) Unsafe Condition
This AD was prompted by a report of a
wing separation caused by fatigue cracking in
a visually inaccessible area of the main wing
VerDate Sep<11>2014
16:35 Jun 02, 2020
None.
(c) Applicability
Jkt 250001
This AD applies to Piper Aircraft, Inc.
(Piper) airplanes, certificated in any category,
with a model and serial number shown in
table 1 to paragraph (c) of this AD, and that
meet at least one of the criteria in paragraphs
(c)(1), (2), or (3) of this AD.
lower spar cap. The FAA is issuing this AD
to detect and correct fatigue cracks in the
lower main wing spar cap bolt holes. The
unsafe condition, if not addressed, could
result in the wing separating from the
fuselage in flight.
PO 00000
Note 1 to paragraph (c) of this AD: An
owner/operator with at least a private pilot
certificate may do the aircraft maintenance
records review to determine the applicability
as specified in paragraph (c) of this AD.
(1) Has accumulated 5,000 or more hours
time-in-service (TIS); or
(2) Has had either main wing spar replaced
with a serviceable main wing spar (more than
zero hours TIS); or
(3) Has missing and/or incomplete
maintenance records.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Definitions
(1) ‘‘TIS’’ has the same meaning as the
definition of ‘‘time in service’’ in 14 CFR 1.1.
Frm 00021
Fmt 4702
Sfmt 4702
E:\FR\FM\03JNP1.SGM
03JNP1
EP03JN20.001</GPH>
(a) Comments Due Date
PART 39—AIRWORTHINESS
DIRECTIVES
34131
34132
Federal Register / Vol. 85, No. 107 / Wednesday, June 3, 2020 / Proposed Rules
(h) Review Airplane Maintenance Records
and Calculate Factored Service Hours for
Each Main Wing Spar
(1) Within 30 days after the effective date
of this AD, review the airplane maintenance
records and determine the number of 100hour inspections completed on the airplane
since new and any record of wing spar
replacement(s).
(i) For purposes of this review, count any
inspection conducted to comply with the
100-hour requirement of 14 CFR 91.409(b)
pertaining to carrying persons for hire, such
as in-flight training environments, even if the
inspection was entered in the maintenance
records as an ‘‘annual’’ inspection or as an
‘‘annual/100-hour’’ inspection. If the purpose
of an inspection was to comply with
§ 91.409(b), then it must be counted. To
determine the purpose of an inspection, note
the repeating intervals between inspections,
i.e., less than 10 months between, and
typically 90–110 flight hours. An inspection
entered as a ‘‘100-hour’’ inspection but done
solely for the purpose of meeting the
requirement to complete an annual
inspection, or those otherwise not required
by § 91.409(b), need not be counted. For
operators utilizing a progressive inspection
program, count the completion of each
§ 91.409(b) 100-hour interval as one
inspection.
(ii) If a main wing spar has been replaced
with a new (zero hours TIS) main wing spar,
count the number of 100-hour inspections
from the time of installation of the new main
wing spar.
(iii) If a main wing spar has been replaced
with a serviceable main wing spar (more than
zero hours TIS) or the airplane maintenance
records are missing or incomplete, the wing
history cannot be determined. Perform the
eddy current inspection as specified in
paragraph (i) of this AD.
(iv) The actions required by paragraph
(h)(1) of this AD may be performed by the
owner/operator (pilot) holding at least a
private pilot certificate and must be entered
into the aircraft records showing compliance
with this AD in accordance with 14 CFR
43.9(a)(1) through (4), and 14 CFR
91.417(a)(2)(v). The record must be
maintained as required by 14 CFR 91.417,
121.380, or 135.439.
(2) Before further flight after completing
the action in paragraph (h)(1) of this AD,
calculate the factored service hours for each
main wing spar using the formula in figure
1 to paragraph (h)(2) of this AD. Thereafter,
after each annual inspection and 100-hour
inspection, recalculate/update the factored
service hours for each main wing spar until
the main wing spar has accumulated 5,000 or
more factored service hours.
(3) An example of determining factored
service hours for an airplane with no 100hour inspections is as follows: The airplane
maintenance records show that the airplane
has a total of 12,100 hours TIS, and only
annual inspections have been done. None of
the annual inspections were done for
purposes of compliance with § 91.409(b).
Both main wing spars are original factory
installed. In this case, N = 0 and T = 12,100.
Use those values in the formula as shown in
figure 2 to paragraph (h)(3) of this AD.
EP03JN20.003</GPH>
VerDate Sep<11>2014
16:35 Jun 02, 2020
Jkt 250001
PO 00000
Frm 00022
Fmt 4702
Sfmt 4725
E:\FR\FM\03JNP1.SGM
03JNP1
EP03JN20.002</GPH>
lotter on DSK9F5VC42PROD with PROPOSALS
(2) For purposes of this AD, ‘‘factored
service hours’’ refers to the calculated
quantity of hours using the formula in
paragraph (h)(2) of this AD, which accounts
for the usage history of the airplane.
34133
(4) An example of determining factored
service hours for an airplane with both 100hour and annual inspections is as follows:
The airplane was originally flown for
personal use, then for training for a period of
time, then returned to personal use. The
airplane maintenance records show that the
airplane has a total of 5,600 hours TIS, and
nineteen 100-hour inspections for purposes
of compliance with § 91.409(b) have been
done. Both main wing spars are original
factory installed. In this case, N = 19 and T
= 5,600. Use those values in the formula
shown in figure 3 to paragraph (h)(4) of this
AD. First, calculate commercial use time by
multiplying (N × 100). Next, subtract that
time from the total time, and divide that
quantity by 17. Add the two quantities to
determine total factored service hours.
(i) Eddy Current Inspect
(k) Install New Bolts
Before further flight after completing the
actions required by paragraph (i) or (j) of this
AD, install new bolts by following step 6 of
Piper Aircraft, Inc. Service Bulletin No. 1345,
dated March 27, 2020.
response, including the time for reviewing
instructions, searching existing data sources,
gathering and maintaining the data needed,
completing and reviewing the collection of
information. All responses to this collection
of information are mandatory. Send
comments regarding this burden estimate or
any other aspect of this collection of
information, including suggestions for
reducing this burden to: Information
Collection Clearance Officer, Federal
Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177–1524.
Within the compliance time specified in
either paragraph (i)(1) or (2) of this AD, as
applicable, eddy current inspect the inner
surface of the two lower outboard bolt holes
on the lower main wing spar cap for cracks
using steps 1 through 3 in the Instructions of
Piper Aircraft, Inc. Service Bulletin No. 1345,
dated March 27, 2020. Although Piper SB No.
1345 specifies NAS 410 Level II or Level III
certification to perform the inspection, this
AD allows Level II or Level III qualification
standards for inspection personnel using any
inspector criteria approved by the FAA.
Note 2 to paragraph (i) of this AD:
Adivsory Circular 65–31B contains FAAapproved Level II and Level III qualification
standards criteria for inspection personnel
doing nondestructive test (NDT) inspections.
(1) Within 100 hours TIS after complying
with paragraph (h) of this AD or within 100
hours TIS after a main wing spar accumulates
5,000 factored service hours, whichever
occurs later; or
(2) For airplanes with an unknown number
of factored service hours on a main wing
spar, within the next 100 hours TIS after the
effective date of this AD or within 60 days
after the effective date of this AD, whichever
occurs later.
(j) Replace the Main Wing Spar
If a crack is found during an inspection
required by paragraph (i) of this AD, before
further flight, replace the main wing spar
with a new (zero hours TIS) main wing spar.
VerDate Sep<11>2014
16:35 Jun 02, 2020
Jkt 250001
(l) Report Inspection Results
Within 30 days after completing an
inspection required by paragraph (i) of this
AD, using Appendix 1, ‘‘Inspection Results
Form,’’ of this AD, report the inspection
results to the FAA at the Atlanta ACO Branch
and to Piper. Submit the report to the FAA
and Piper using the contact information
found on the form in appendix 1 of this AD.
(m) Special Flight Permit
A special flight permit may only be issued
to operate the airplane to a location where
the inspection requirement of paragraph (i) of
this AD can be performed. This AD prohibits
a special flight permit if the inspection
reveals a crack in a main wing spar.
(n) Paperwork Reduction Act Burden
Statement
A federal agency may not conduct or
sponsor, and a person is not required to
respond to, nor shall a person be subject to
a penalty for failure to comply with a
collection of information subject to the
requirements of the Paperwork Reduction
Act unless that collection of information
displays a currently valid OMB Control
Number. The OMB Control Number for this
information collection is 2120–0056. Public
reporting for this collection of information is
estimated to be approximately 1 hour per
PO 00000
Frm 00023
Fmt 4702
Sfmt 4702
(o) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Atlanta ACO Branch,
FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with
14 CFR 39.19, send your request to your
principal inspector or local Flight Standards
District Office, as appropriate. If sending
information directly to the manager of the
certification office, send it to the attention of
the person identified in paragraph (p) of this
AD.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(p) Related Information
(1) For more information about this AD,
contact Dan McCully, Aerospace Engineer,
Atlanta ACO Branch, FAA, 1701 Columbia
Avenue, College Park, Georgia 30337; phone:
E:\FR\FM\03JNP1.SGM
03JNP1
EP03JN20.004</GPH>
lotter on DSK9F5VC42PROD with PROPOSALS
Federal Register / Vol. 85, No. 107 / Wednesday, June 3, 2020 / Proposed Rules
34134
Federal Register / Vol. 85, No. 107 / Wednesday, June 3, 2020 / Proposed Rules
lotter on DSK9F5VC42PROD with PROPOSALS
(404) 474–5548; fax: (404) 474–5605; email:
william.mccully@faa.gov.
(2) For service information identified in
this AD, Piper Aircraft, Inc., 2926 Piper
Drive, Vero Beach, Florida 32960; telephone:
VerDate Sep<11>2014
16:35 Jun 02, 2020
Jkt 250001
(772) 567–4361; internet: www.piper.com.
You may view this service information at the
FAA, Airworthiness Products Section,
Operational Safety Branch, 901 Locust,
Kansas City, Missouri 64106. For information
PO 00000
Frm 00024
Fmt 4702
Sfmt 4702
on the availability of this material at the
FAA, call (816) 329–4148.
BILLING CODE 4910–13–P
E:\FR\FM\03JNP1.SGM
03JNP1
VerDate Sep<11>2014
16:35 Jun 02, 2020
Jkt 250001
PO 00000
Frm 00025
Fmt 4702
Sfmt 4725
E:\FR\FM\03JNP1.SGM
03JNP1
34135
EP03JN20.005</GPH>
lotter on DSK9F5VC42PROD with PROPOSALS
Federal Register / Vol. 85, No. 107 / Wednesday, June 3, 2020 / Proposed Rules
34136
Federal Register / Vol. 85, No. 107 / Wednesday, June 3, 2020 / Proposed Rules
Issued on May 8, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
FOR FURTHER INFORMATION CONTACT:
Thanh Tran, Aerospace Engineer,
Systems and Equipment Section, FAA,
Los Angeles ACO Branch, 3960
Paramount Boulevard, Lakewood, CA
90712–4137; phone: 562–627–5304; fax:
562–627–5210; email thanh.b.tran@
faa.gov.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2020–11343 Filed 6–2–20; 8:45 am]
BILLING CODE 4910–13–C
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2017–0492; Product
Identifier 2016–SW–025–AD]
RIN 2120–AA64
Airworthiness Directives; Honeywell
International Inc. (Honeywell)
Enhanced Ground Proximity Warning
System (EGPWS)
Federal Aviation
Administration (FAA), DOT.
ACTION: Proposed rule; withdrawal.
AGENCY:
The FAA is withdrawing a
notice of proposed rulemaking (NPRM)
that proposed to adopt a new
airworthiness directive (AD) that would
have applied to various normal and
transport category rotorcraft with certain
Honeywell enhanced ground proximity
warning systems (EGPWS) installed.
The NPRM was prompted by a software
defect that prevents the EGPWS from
providing terrain warnings. The NPRM
would have required updating the
software version of the EGPWS. Since
issuance of the NPRM, the FAA has
determined that the unsafe condition no
longer exists and has confirmed that the
majority of operators have updated their
software as specified in the NPRM.
Accordingly, the NPRM is withdrawn.
DATES: The FAA is withdrawing the
proposed rule published June 6, 2017
(82 FR 25978), as of June 3, 2020.
ADDRESSES:
SUMMARY:
lotter on DSK9F5VC42PROD with PROPOSALS
Examining the AD Docket
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2017–
0492; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this AD action,
any comments received, and other
information. The street address for
Docket Operations is U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
VerDate Sep<11>2014
16:35 Jun 02, 2020
Jkt 250001
Discussion
The FAA has issued an NPRM that
proposed to amend 14 CFR part 39 by
adding an AD that would apply to the
specified products. The NPRM was
published in the Federal Register on
June 6, 2017 (82 FR 25978). The NPRM
was prompted by a software defect that
prevents the EGPWS from providing
terrain warnings. The NPRM proposed
to require updating the software version
of the EGPWS. The proposed actions
were intended to address failure of an
EGPWS to generate a terrain warning,
which could result in flight into terrain.
Actions Since the NPRM Was Issued
Since issuance of the NPRM, the FAA
has determined that the unsafe
condition no longer exists and has
confirmed that the majority of operators
have updated their software as specified
in the NPRM. In addition, the FAA
confirmed that the software failure
related to the potential unsafe condition
has occurred only during lab testing; no
failures have occurred during operation
of the affected helicopters. The FAA
completed a new risk assessment based
on this data that showed there is an
acceptable level of risk. Therefore, the
FAA has determined that AD action is
not appropriate and the NPRM should
be withdrawn.
Withdrawal of this NPRM constitutes
only such action and does not preclude
the FAA from further rulemaking on
this issue, nor does it commit the FAA
to any course of action in the future.
FAA’s Conclusions
Upon further consideration, the FAA
has determined that the NPRM is
unnecessary. Accordingly, the NPRM is
withdrawn.
Regulatory Findings
Since this action only withdraws an
NPRM, it is neither a proposed nor a
final rule. This action therefore is not
covered under Executive Order 12866,
the Regulatory Flexibility Act, or DOT
Regulatory Policies and Procedures (44
FR 11034, February 26, 1979).
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
PO 00000
Frm 00026
Fmt 4702
Sfmt 4702
The Withdrawal
Accordingly, the notice of proposed
rulemaking, Docket No. FAA–2017–
0492, which was published in the
Federal Register on June 6, 2017 (82 FR
25978), is withdrawn.
Issued on May 28, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2020–11848 Filed 6–2–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–0459; Product
Identifier 2020–NM–049–AD]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for all
The Boeing Company Model 737 series
airplanes, excluding Model 737–100,
–200, –200C, –300, –400, and –500
series airplanes. This proposed AD was
prompted by reports of cracked or
completely severed lugs in the upper aft
corner stop fitting assembly of the
forward entry door. This proposed AD
would require an inspection, a
measurement, or a records check of that
assembly to determine the part number,
and replacement if a certain part is
found. The FAA is proposing this AD to
address the unsafe condition on these
products.
DATES: The FAA must receive comments
on this proposed AD by July 20, 2020.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
SUMMARY:
E:\FR\FM\03JNP1.SGM
03JNP1
]]>Agencies
[Federal Register Volume 85, Number 107 (Wednesday, June 3, 2020)]
[Proposed Rules]
[Pages 34121-34136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11343]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2018-1046; Product Identifier 2018-CE-049-AD]
RIN 2120-AA64
Airworthiness Directives; Piper Aircraft, Inc. Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening
of comment period.
-----------------------------------------------------------------------
SUMMARY: The FAA is revising an earlier proposal for certain Piper
Aircraft, Inc. (Piper) Models PA-28-140, PA-28-150, PA-28-151, PA-28-
160, PA-28-161, PA-28-180, PA-28-181, PA-28-235, PA-28R-180, PA-28R-
200, PA-28R-201, PA-28R-201T, PA-28RT-201, PA-28RT-201T, PA-32-260, and
PA-32-300 airplanes. The notice of proposed rulemaking (NPRM) was
prompted by a report of a wing separation caused by fatigue cracking in
a visually inaccessible area of the lower main wing spar cap. This
action revises the NPRM by adding and removing certain models of
airplanes in the Applicability, proposing to require the use of service
information that was issued since the NPRM, and clarifying some of the
proposed actions. The FAA is proposing this airworthiness directive
(AD) to address the unsafe condition on these products. Since these
actions would impose an additional burden over those proposed in the
NPRM, the FAA is reopening the comment period to allow the public the
chance to comment on these changes.
DATES: The comment period for the NPRM published in the Federal
Register on December 21, 2018 (83 FR 65592), is reopened.
The FAA must receive comments on this SNPRM by July 20, 2020.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
For service information identified in this SNPRM, Piper Aircraft,
Inc., 2926 Piper Drive, Vero Beach, Florida 32960; telephone: (772)
567-4361; internet: www.piper.com. You may view this service
information at the FAA, Airworthiness Products Section, Operational
Safety Branch, 901 Locust, Kansas City, Missouri 64106. For information
on the availability of this material at the FAA, call (816) 329-4148.
Examining the AD Docket
You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2018-
1046; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday
[[Page 34122]]
through Friday, except Federal holidays. The AD docket contains this
SNPRM, the NPRM, the regulatory evaluation, any comments received, and
other information. The street address for Docket Operations is listed
above. Comments will be available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT: Dan McCully, Aerospace Engineer,
Atlanta ACO Branch, FAA, 1701 Columbia Avenue, College Park, Georgia
30337; phone: (404) 474-5548; fax: (404) 474-5605; email:
[email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2018-1046;
Product Identifier 2018-CE-049-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this SNPRM. The FAA will
consider all comments received by the closing date and may amend this
SNPRM because of those comments.
The FAA will post all comments received, without change, to https://www.regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact received about this SNPRM.
Discussion
The FAA issued an NPRM to amend 14 CFR part 39 by adding an AD that
would apply to certain Piper Aircraft, Inc. (Piper) Models PA-28-140,
PA-28-150, PA-28-151, PA-28-160, PA-28-161, PA-28-180, PA-28-181, PA-
28-235, PA-28R-180, PA-28R-200, PA-28R-201, PA-28R-201T, PA-28RT-201,
PA-28RT-201T, PA-32-260, and PA-32-300 airplanes. The NPRM published in
the Federal Register on December 21, 2018 (83 FR 65592).
The NPRM was prompted by a fatal accident involving wing separation
on a Piper Model PA-28R-201 airplane. An investigation revealed a
fatigue crack in a visually inaccessible area of the lower main wing
spar cap. The NPRM included other model airplanes with similar wing
spar structures as the Model PA-28R-201. Based on airplane usage
history, the FAA determined that only those airplanes with higher risk
for fatigue cracks (airplanes with a significant history of operation
in flight training or other high-load environments) should be subject
to the inspection requirements proposed in the NPRM.
Because airplanes used in training and other high-load environments
are typically operated for hire and have inspection programs that
require 100-hour inspections, the FAA determined the number of 100-hour
inspections an airplane has undergone would be the best indicator of
the airplane's usage history. Accordingly, the FAA developed a factored
service hours formula based on the number of 100-hour inspections
completed on the airplane.
The NPRM proposed to require a review of the airplane maintenance
records to determine the number of 100-hour inspections and the
application of the factored service hours formula to identify when an
airplane meets the criteria for the proposed eddy current inspection of
the lower main wing spar bolt holes. The NPRM also proposed to require
inspecting the lower main wing spar bolt holes for cracks once a main
wing spar exceeds the specified factored service hours and replacing
any main wing spar when a crack is indicated. The maintenance records
review to determine the factored service hours proposed by the NPRM
would only apply when an airplane has either accumulated 5,000 or more
hours time-in-service (TIS); has had either main wing spar replaced
with a serviceable main wing spar (more than zero hours TIS); or has
missing and/or incomplete maintenance records.
Actions Since the NPRM Was Issued
After a review of the comments received on the NPRM and further
analysis, the FAA determined that some additional airplane models are
likely to be affected by the unsafe condition and should be included in
the applicability, while other models are not affected and should be
removed from the applicability. Consequently, this SNPRM revises the
applicability and the estimated cost associated with the proposed AD
actions. This SNPRM also clarifies the applicability and some of the
proposed actions. In addition, this supplemental NPRM no longer allows
replacement of the wing spar with a used part. The FAA determined
replacement of the wing spar with a part of unknown operational history
would not ensure an acceptable level of safety.
Since the NPRM was issued, Piper issued a service bulletin that
contains procedures for the eddy current inspection. This SNPRM
proposes to require that service bulletin to do the eddy current
inspection instead of the inspection procedure in the appendix to the
NPRM.
Since these actions impose an additional burden over that in the
NPRM, the FAA is reopening the comment period to allow the public the
chance to comment on this change.
Comments
The FAA gave the public the opportunity to comment on the NPRM and
received approximately 168 comments. The majority of the commenters
were individual maintenance personnel and operators. The remaining
commenters included Piper, governmental agencies such as the European
Union Aviation Safety Agency (EASA) and the National Transportation
Safety Board (NTSB), and organizations such as the Aircraft Owners and
Pilots Association (AOPA), the Experimental Aircraft Association (EAA),
and the General Aviation Manufacturers Association (GAMA). The
following presents the relevant comments received on the NPRM and the
FAA's response to each comment.
A. Supportive Comments
Fifteen comments were received in support of the NPRM. Five of
these commenters specifically supported the proposed eddy current
inspection method. The NTSB specifically supported the proposed
requirement to report inspection results to the FAA.
B. Comments Regarding the FAA's Justification of the Unsafe Condition
Many commenters requested that the FAA provide more information
about the root cause and clarify the FAA's unsafe condition
determination.
Requests for Information About the Accident Airplane
Mitchell Ross requested information regarding the background of the
accident airplane that prompted the NPRM, including its manufacturing
and maintenance history. This commenter and Robert Cunningham also
questioned the operational history of the accident airplane. Nine other
commenters questioned the FAA's determination that an unsafe condition
exists based on only one failure in 30 years.
The FAA agrees. All publicly available information about the
accident airplane, including the information requested by the
commenters, is available in the NTSB docket for accident number
ERA18FA120. This information can be viewed at https://dms.ntsb.gov/pubdms/search/hitlist.cfm?docketID=62694&CFID=95094&CFTOKEN=b616b3892cb482f1-5B544A63-5056-942C-92C71C2E6BFF1D97.
[[Page 34123]]
Requests for Information About the Root Cause of the Unsafe Condition
David Hedley and Dana Pyle noted that Piper's steel supplier
changed in the 1980s. These commenters and Robert Cunningham questioned
whether inferior metal could be a factor. Tom McIntosh, Dana Pyle, and
Robert Cunningham questioned whether coastal environments contributed
to the corrosion and metal fatigue. Steven Rosenfield asked the FAA to
confirm whether the fatigue cracking is caused by a design defect or a
manufacturing error. Some commenters suggested that the problem is
caused by other issues such as inadequate inspection and maintenance
practices, and hard landings that go unreported.
The FAA agrees to provide additional information. The NTSB
Materials Laboratory conducted hardness testing and electrical
conductivity testing of the accident spar and sent spar samples to an
independent laboratory for tension testing and chemical analysis. Tests
results showed that the spar material conformed to type design (see
NTSB report No. 18-061, Materials Laboratory Factual Report). Corrosion
was not determined to be a contributing factor. Regarding the concern
about inadequate inspections and maintenance practices, the NTSB report
did not indicate there was any evidence of inadequate inspection and
maintenance practices.
Request To Reference the Piper Model PA-28R-201 Accident
AOPA noted the absence of any specific mention of the April 4,
2018, Piper PA-28R-201 accident (NTSB Accident Number ERA18FA120) in
the NPRM. The commenter stated its belief that the accident is a
driving force behind the NPRM.
The FAA agrees. The preamble of this SNPRM has been revised to add
information related to the accident.
Requests To Wait for NTSB Final Report Before Issuing AD Action
Joseph Oh, The University of North Dakota (UND Aerospace), AOPA,
Navid Rahimi, Benjamin Morgan, and eight other commenters requested the
FAA wait for the conclusion of the NTSB investigation before issuing an
AD. These commenters stated or suggested that the proposed AD is
premature and that the NTSB's determinations would affect the content
or necessity of the proposed AD. Piper stated that the proposed AD
would likely interfere with the NTSB's investigation. Some of these
commenters specifically referenced the NTSB's investigation of a Piper
Model PA-28R-201 Arrow III that experienced an in-flight wing
separation on April 4, 2018.
The FAA does not agree. In accordance with 14 CFR 39.5, the FAA
issues airworthiness directives when an unsafe condition exists in the
product, and the condition is likely to exist or develop in other
products of the same type design. While the NTSB contributes critical
information to accident prevention efforts, the FAA's determinations of
unsafe conditions are not dependent on the outcome of NTSB
investigations. The FAA, Piper, and the NTSB concurred that the subject
failure was the result of an undetected fatigue crack in the wing spar.
This was supported by the NTSB's release of Preliminary Report
ERA18FA120 and a later Investigative Update, which disclosed additional
fatigue cracks on another airplane. Although the NTSB's final report
(issued after the NPRM published) provides additional details regarding
the accident, it does not yield information previously unknown to the
FAA that would have altered the content of the NPRM, nor did the NTSB
request the FAA delay issuing the NPRM pending its final report. The
NTSB reports may be found at https://www.ntsb.gov/investigations/pages/era18fa120.aspx. The FAA did not make changes to this SNPRM based on
these comments.
Request To Withdraw the NPRM
Dwight Schrute, Ross Carbiner, Thomas Feminella, AOPA, EAA, GAMA,
Piper, and 21 other commenters stated that because the AD was issued as
an interim action with a reporting requirement, the AD is inappropriate
and does not address a known unsafe condition. Nine of those commenters
stated that a special advisory information bulletin (SAIB), service
bulletin, or other voluntary action is a more appropriate method of
addressing the wing spar fatigue cracking. Four of those commenters
opposed the AD generally. Michael Powell did not request to withdraw
the NPRM, but suggested the FAA obtain information from DeHaviland
Support, because this company has experience with a relevant wing spar
fatigue monitoring scheme that has been implemented for the DeHaviland
Model Chipmunk airplanes. Three other commenters suggested the FAA
gather data from voluntary inspections and salvage parts before issuing
an AD.
The FAA does not agree to withdraw the NPRM. The FAA may issue an
AD as an interim action for several reasons, including to obtain
inspection results to determine the necessity of additional action or
final action, while simultaneously requiring inspections to mitigate
the unsafe condition. The primary considerations in reaching the
decision for an interim AD were: (1) The catastrophic failure mode
resulting from this condition, and (2) the inability to detect the
subject cracking during a routine inspection. The NTSB accident
database shows a relatively small number of Piper Model PA-28 airplane
wing failures related to fatigue cracks (three known). However, the
only reported cracks were discovered after wing separations, since the
cracks developed and grew in a normally concealed structural area. In
addition, it can be predicted based on engineering priniciples of crack
propagation that a fatigue crack in this location will grow with each
load cycle and eventually result in wing spar failure. Due to the
fatality rate associated with the known failures, the risk analysis
protocol used by the FAA justifies mandatory corrective action. Both
the NPRM and this SNPRM employ methodology to screen out the majority
of lower-risk airplanes based on usage history. The FAA did not make
changes to this SNPRM based on these comments.
C. Comments Regarding Applicability
Requests To Revise the Airplane Models Listed in the Applicability
Section
Piper, EAA, and GAMA stated that the applicability of the proposed
AD is too broad and includes models with different structural layouts
and loads, or other key aspects that affect spar fatigue. Piper
specifically advised the FAA to rely on Piper's analysis and limit the
proposed AD to Piper Models PA-28R-180, PA-28R-200, PA-28R-201, PA-28R-
201T, PA-28RT-201, PA-28RT-201T, and PA-28-235 airplanes (all serial
numbers), and certain serial-numbered Models PA-32-260 and PA-32-300
airplanes. Eight other commenters agreed with the comments submitted by
Piper. AOPA and two individual commenters expressed concern that the
FAA did not accept Piper's recommendation on the limited scope of
airplanes that may be subject to the unsafe condition. The NTSB
supported the inclusion of Models PA-28-235, all PA-28R-series, PA-32-
260, and PA-32-300 airplanes in the proposed AD, and requested that the
FAA reconsider whether the proposed AD should include all PA-28-series
models (other than Model PA-28-235).
Thomas Rae identified Piper model seaplanes and airplanes that,
given their similar structure, hours in service, and/or use in flight
training, should be added to the Applicability section of the proposed
AD. Twelve other commenters
[[Page 34124]]
requested the FAA clarify the inclusion or exclusion of various
specific models. Charles Martinak stated wingspan, maximum gross
takeoff weight, and retractable gear architecture should be the main
similarity factors for inclusion in the applicability.
The FAA agrees that the models listed in the Applicability of the
proposed AD should be revised. The Applicability section was designed
to screen out lower-risk airplanes from the inspection requirement by
applying only to airplanes with 5,000 or more hours TIS, unless
maintenance records are missing and/or incomplete or a wing has been
replaced. The subsequent maintenance records review to calculate
factored service hours was intended to eliminate an additional large
number of remaining airplanes from the AD requirements. Only the
airplanes at the highest risk for fatigue cracks would be required to
conduct the eddy current inspection.
Piper Aircraft provided the FAA with extensive analyses of
similarly structured airplanes, including comparison of factors such as
structural geometry, certificated weights, design airspeeds, bending
moments, and wing loading parameters including gust loads, maneuvering
loads, and landing loads. Although the FAA accepted all of Piper's
initial recommended models for effectivity, Piper's recommended
effectivity did not include the group of airplanes addressed in Piper
Aircraft, Inc. Service Bulletin No. 886, dated June 8, 1988 (Piper SB
886) (Wing Spar Inspection). Piper SB 886 includes the Model PA-28-181
airplane, which was involved in two wing separation accidents in 1987
and 1993. Both accident airplanes had fatigue cracks in the wing spar
as mentioned in the NTSB Final Accident Report ERA18FA120.
Due to the inability to visually inspect the specific area of the
structure once the wing has been assembled, cracks may go undetected
and unreported for a significant period of time. Consequently, a
reported crack at this location is more likely to come from an
investigation of a wing spar failure than as the result of a routine
inspection or maintenance. The FAA initially expanded on Piper's
recommended effectivity to include all airplane models in the
Applicability section of Piper SB 886.
Since issuing the NPRM, and partially in response to public
comments, the FAA has adopted a more focused risk criteria using load
data provided by Piper. This risk approach and the resulting change in
applicability adds three airplane models (Models PA-32R-300, PA-32RT-
300, and PA-32RT-300T) and removes five airplane models (Models PA-28-
140, PA-28-150, PA-28-160, PA-28-161, and PA-28-180) from the
Applicability section of this SNPRM, for a net reduction of
approximately 8,800 lower-risk aircraft. The FAA developed a more
precise methodology for identifying risk. Flight loads of all similar
models were compared to those of the PA-28R-201 (accident aircraft) as
a baseline. Those aircraft models with calculated wing loads greater
than or equal to 95 percent of baseline are considered at-risk and are
included in the new effectivity. While the additional parameters
included in the new screening method allowed us to remove many lower
risk aircraft, it also identified three models that were not captured
by the previous, broader, approach. Because this methodology considers
only the potential damage to the aircraft and not the actual load
history of an individual aircraft, the additional maintenance record
reviews are used to determine when the AD becomes applicable to a
specific aircraft.
D. Comments Regarding the ``Factored Service Hours'' Formula
Requests To Clarify and Revise the ``Factored Service Hours'' Formula
Floris Oldenbroek, Richard Davis, and three other commenters
expressed confusion at the formula and requested clarification and
guidance; two of these commenters specifically asked about the divisor
``17.'' Many commenters noted various flaws in the proposed methodology
for counting 100-hour inspections. Tom Rafferty, Kenneth Minck, Brian
Christie, and approximately 19 other commenters stated maintainers
often document 100-hour inspections as ``annual'' inspections or as
``annual/100-hour'' inspections. EASA, AOPA, and three individual
commenters stated that the formula would cause issues with
international operators because, unlike the FAA's regulations, foreign
civil aviation authorities do not distinguish between 100-hour and
annual inspections. Several other commenters noted that using 100-hour
inspections is not an accurate way of determining high stress flight
hours. GAMA and five individual commenters noted that the formula does
not address operators that are on a progressive inspection program
under 14 CFR 91.409(d). Outer Banks Airlines and three individual
commenters stated that not all commercial operations, which will be
captured by counting 100-hour inspections, are used for flight
instruction. These commenters explained that charter flights operated
under 14 CFR part 135 are not subject to the harsh training environment
of training operations and are instead flown by highly trained pilots
on longer flights with fewer landings.
Many of the commenters proposed different methodologies to use in
determining the factored service hours. Chris Sobers, Thomas Downey,
and three other commenters suggested using total time on the airframe
(``TTAF'') as a less complex method. Floris Oldenbroek asked whether
the total time of the aircraft could be used instead of the factored
service hours formula if an airplane has only been utilized as a
trainer. Martin Kennett and Lawrence Mangus suggested using the number
of landing cycles/severe landings as a better indication of fatigue
damage. Suggestions from other commenters included: Omitting 100-hour
inspections performed in conjunction with an annual inspection;
omitting 100-hour inspections performed voluntarily and not required by
Sec. 91.409(b); using a severity factor to indicate primary use in
flight training; only including airplanes used by flights schools/
excluding airplanes with no history of use in training; and adding a
penalty for hard landings and major wing damage.
The FAA agrees to explain the formula based on these comments. The
FAA developed the factored service hours formula to determine an
approximate factored service life for any airplane, including those
with mixed usage history. The formula attributes 100 factored service
hours for each 100-hour inspection recorded in the airplane maintenance
records. For an airplane that has been inspected under Sec. 91.409(b)
for its entire lifecycle, the owner/operator may use hours TIS for the
factored service hours. The divisor of 17 accounts for the difference
in structural life expectancy between ``normal'' use and ``training''
use, based on industry studies of crack growth development. Piper
adopted a similar formula for use in Piper SB 886 and Piper Service
Bulletin SB 978A, dated August 6, 1999 (Piper SB 978A).
This SNPRM includes guidance for determining the quantity ``N'' in
the factored service hours formula based on the various maintenance
record entry notations that may be used to indicate compliance with the
100-hour inspection requirements. As proposed in this SNPRM, the
airplane maintenance records review must consider any inspection that
was done to comply with the 100-hour inspection requirement under Sec.
91.409(b), which pertains to carrying persons for hire and providing
flight instruction for hire.
[[Page 34125]]
Regardless of whether the inspection is logged as an ``annual'' or
``100-hour,'' if the purpose was to comply with the 100-hour
requirement of Sec. 91.409(b), then the inspection must be counted.
The purpose of an inspection may be determined by noting the interval
between inspections (i.e., less than 10 months and typically from 90 to
110 flight hours would indicate a Part 91.409(b) inspection). A ``100-
hour'' inspection done concurrently with an annual inspection, not
required by Sec. 91.409(b), does not have to be counted. For operators
utilizing a ``progressive'' inspection program, only inspections that
complete each 100-hour cycle must be counted as a 100-hour inspection.
The FAA has considered the impact of the proposed formula on
international operators and agrees with EASA that civil airworthiness
authorities (CAAs) would have to develop a different approach instead
of fully adopting the FAA's AD. The FAA encourages CAAs to use their
equivalent inspection requirements to account for differences in
terminology relative to annual versus 100-hour inspections and other
unique operational requirements. The FAA is available to support any
such efforts as requested by a CAA.
The FAA has also considered the alternative methods suggested by
the commenters and determined that the formula in this SNPRM is the
best method for allowing personal-use airplanes to defer the
inspection. Using TTAF or TIS alone would not account for different
types of usage history. Other commenters' proposals, while logical and
valid, are not based on regulatory recordkeeping requirements and
therefore would create other difficulties for owners and operators. For
example, while use and history specifically in flight training, landing
cycles, and hard landings are valid indicators, there is no regulatory
requirement for U.S. operators to maintain such records, particularly
for personal use airplane maintenance records. The FAA considered
adding a penalty for any history of major repairs to the wing, but
determined it would not be necessary. Any cracks, as well as other
damage, would be detected and corrected during the repair to the wing,
as the FAA's maintenance regulations require restoring the wing to its
original or properly altered condition before approving it for return
to service. In addition, any operator that believes their airplane does
not fit the applicability/risk focus of this SNPRM may provide
substantiating data and request approval of an alternative method of
compliance (AMOC) to the AD action using the instructions found in
paragraph (o) of this AD. The FAA will consider all AMOC requests on a
case-by-case basis.
Request for Clarification of When To Calculate Factored Service Hours
Mark Talaga requested clarification on the correct hours to require
the eddy current inspection, 5,000 hours TIS or 5,000 factored service
hours. Richard Davis asked the FAA to clarify why the records review
would be done when the airplane has 5,000 hours TIS and not 6,000 hours
TIS.
The FAA agrees to provide additional information on this proposed
requirement. The applicability paragraph of the NPRM referenced a table
listing the potentially affected models and serial-numbered airplanes.
It also provided three criteria to determine if the AD applied to the
models listed in the table: (1) The airplane has accumulated 5,000 or
more hours TIS; (2) the airplane has had either main wing spar replaced
with a serviceable main wing spar (more than zero hours TIS); or (3)
the airplane maintenance records are missing and/or incomplete.
The 5,000 hours TIS criteria in paragraph (c), Applicability, is
only used to determine if the AD applies to the airplane. If the
airplane does not meet any of the three criteria, then the AD does not
yet apply to that airplane. Only if and when one of those three
conditions exist would the proposed AD require an airplane maintenance
records review to determine the factored service hours. Then, only if
the resulting calculation determines that the airplane has reached
5,000 factored service hours must an eddy current inspection be
completed within 100 hours TIS.
The 5,000 factored service hours compliance time is determined by
taking the known factored hours at spar failure, and regressing to
predict the time of crack initiation. Starting the inspection at 5,000
factored service hours provides a reasonable opportunity to detect a
crack before it reaches a dangerous length. Because it is impossible
for an aircraft to accumulate 5,000 factored service hours without
having flown 5,000 hours TIS, there is no need to review an airplane's
inspection record before 5,000 hours TIS.
Request To Change Quantity of 100-Hour Inspections Used in the
Calculation
John Longley requested limiting the 100-hour inspection calculation
to the past 5, 7, or at most 10 years rather than since the airplane
was new.
The FAA disagrees. The effect of fatigue on a structure is
cumulative regardless of when it occurred. The factored service hours
formula takes into account airplanes with mixed usage history and
provides credit for hours TIS accrued while in ``normal'' usage. The
FAA did not make changes to this SNPRM based on this comment.
Request To Allow the Owner/Operator To Review the Airplane Maintenance
Records
Tom McIntosh, Dennis Mulloy, and four other commenters requested
that the owner/operator be allowed to review the airplane maintenance
records and calculate the factored service hours. These commenters
objected to the cost associated with requiring a mechanic to do the
airplane maintenance record review, when the owner/operator is capable.
The FAA agrees. The FAA does not consider an airplane maintenance
records review to be a maintenance action, and the SNPRM has been
clarified to state that the owner/operator (pilot) may conduct the
review and calculate the factored service hours to determine if the
eddy current inspection proposed by this SNPRM is necessary. The
airplane maintenance records review cost estimate has been retained in
this SNPRM, since owners may choose to have a mechanic perform the
initial review and factored service hours calculation.
E. Comments Regarding Missing Records
Requests for Clarification of Missing Aircraft Maintenance Records
Dennis Mulloy requested clarification of what would constitute
missing or incomplete maintenance records. James Layton asked for
guidance where logbook entries may be missing but the airplane has
verifiable hours through the original tachometer. Michael Beasley
requested clarification for missing logbooks that are reconstructed by
the maintenance facility that serviced the airplane.
The FAA agrees to provide clarification. The premise of calculating
factored service hours to determine the risk category of an airplane is
based on the accuracy and completeness of the airplane maintenance
records for the entire history of the airplane. An absence of airplane
maintenance records entries over an extended period (as in the case of
dormant airplanes) does not constitute missing or incomplete
maintenance records if tachometer/Hobbs time continuity shows the
airplane did not operate during that
[[Page 34126]]
time. For purposes of this proposed AD, reconstructed records should be
considered the same as missing or incomplete records. Physically
missing airplane maintenance records or logbook pages that include
unaccounted-for operational hours or records not retained after work is
superseded in accordance with 14 CFR 91.417(b)(1), would be considered
missing or incomplete maintenance records.
Requests for an Alternative Method for Missing Aircraft Maintenance
Records
Michael Graziano, Duke Ball, Stephen Allen, and Olmond Hall
requested that for airplanes with missing or incomplete maintenance
records, operators be allowed to assume that 100-hour inspections were
completed for the purposes of calculating the factored service hours,
instead of being automatically required to complete the eddy current
inspection. Four other commenters proposed or requested similar methods
for attributing unknown hours TIS.
The FAA disagrees. While the FAA does not object in theory with an
alternate method of computing factored service hours in the case of
missing airplane maintenance records, there are other issues to
consider. Missing airplane maintenance records may mask the replacement
of a tachometer or Hobbs meter, thus invalidating the total hours TIS.
Missing records may hide information on the history of the wing/wing
spar on the airplane. Without airplane maintenance records for the
entire airplane's history, an operator cannot determine if the airplane
has the original wing(s) or a replacement wing(s). For this reason, the
FAA determined that, for purposes of this proposed AD, operators with
missing or incomplete records must assume that the wing history is
unknown. An owner who can provide other documentation supporting the
history of the airplane or wing spar and show an acceptable level of
safety may request approval of an AMOC to the AD action with
substantiating data using the instructions found in paragraph (o) of
this SNPRM. The FAA will review all AMOC requests and may approved the
requests on a case-by-case basis. The FAA did not make changes to this
SNPRM based on these comments.
F. Comments Regarding Compliance Times
Thurman Bodenheimer, Christian Quitntero, and three other
commenters requested that the compliance times and intervals in the
NPRM be changed to match the airplane usage groups and intervals
contained in Piper SB 886 and Piper SB 978A.
The FAA disagrees. Piper SB 886 and Piper SB 978A classify
airplanes used in flight training as ``normal usage,'' which puts
compliance for the initial inspection far beyond the initial (critical)
inspection time specified in the NPRM. The FAA has found that this
compliance time is not sufficient to address the unsafe condition.
Additionally, the compliance time charts in Piper SB 886 and Piper SB
978A specify the airplane's usage class based on subjective criteria
such as ``significant time'' flown below 1,000 feet during any part of
the airplane's history. There is no regulatory requirement for
operators to record or maintain hours TIS by operation at certain
altitudes; thus, most operators would have no way of determining this
information.
Hillel Glazer proposed a specific tiered approach for compliance
with the initial airplane maintenance records review by prioritizing
airplanes based on usage history, with the lowest tier requiring the
airplane maintenance record review within 100 hours TIS. Michael
Graziano requested changing the compliance time from 30 days to 50
hours TIS or at the next annual inspection, similar the service
information provided by Piper. The FAA disagrees. The usage rate of
each airplane after the effective date of the AD will vary, and the use
of calendar time ensures all operators review their maintenance records
within a specified timeframe. Also, this SNPRM has been revised to
allow the owner/operator (pilot) to do the maintenance records review.
If the review of the maintenance records and the factored service hours
indicate the operator must have an eddy current inspection done on the
airplane, the compliance time is within 100 hours TIS after the
factored service hours determination.
The FAA did not make changes to this SNPRM based on these comments.
G. Comments Regarding the Proposed Inspection
Requests To Remove Eddy Current Inspection Because of Possible Damage
Daniel Stanley, Thomas Wiedenbeck, Mitchell Ross, Dana Pyle, Don
Morris, Piper, and 17 other commenters stated that removal of wing
attach bolts for the purpose of conducting the bolt hole inspection
would create the potential of maintenance-induced damage to the
airplanes that would outweigh any benefits realized from the
inspection. Piper advised of reports of damaged spar bolt holes caused
by removal of the bolts to perform a voluntary inspection of the
fastener holes.
The FAA disagrees. Compliance with AD 87-08-08, Amendment 39-5615
(52 FR 15302, April 28, 1987) (``AD 87-08-08'') and AD 87-08-08R1,
Amendment 39-5669 (52 FR 29505, August 10, 1987), which was rescinded
on May 22, 1989, resulted in the dye penetrant inspection of
approximately 560 airplanes and required removing and reinstalling 18
bolts per wing, or over 20,000 wing attach bolts. No known accidents
have been attributed to bolt hole damage resulting from these
inspections. While the FAA acknowledges the possibility of damage
during any maintenance action, the relatively non-intrusive, wing-in-
place inspection method proposed in the NPRM and in this SNPRM would
have minimal impact to affected airplanes. The FAA did not make changes
to this SNPRM based on these comments.
Requests To Use a Different Inspection Method
Forrest Benson, Charles Donnelly, James Graham, and twelve other
commenters proposed using a different inspection method than an eddy
current inspection, such as ultrasound, x-ray, dye/liquid penetrant, or
borescope inspections. Some of these commenters proposed using a
borescope because it would preclude removal of the bolts. Many
commenters expressed concern about the availability of qualified
inspectors to do the eddy current inspection and the need to deliver
the airplane to a distant facility to have the eddy current inspection
done.
The FAA disagrees. Borescope and dye penetrant methods are not
generally capable of detecting cracks in the targeted range of .030 to
.050 inch. Once a fatigue crack reaches a visibly detectable size,
growth can accelerate at a dangerous rate. It is imperative that
operators identify any cracks while within the targeted range. Also,
because the lower spar cap sits on the spar carry through and its upper
flanges are covered by the web doublers, the spar cap is not visually
inspectable when installed. The insides of the bolt holes are not
visible with a borescope inside the wing carry-through assembly without
removing the bolts. While the FAA acknowledges the value of x-ray
technology and ultrasound inspections in material identification and
thickness determination, those methods are not considered capable of
reliably detecting very small fatigue cracks. Changes made to the
proposed AD in response to other comments will increase the
availability of inspectors qualified to do the eddy current
inspections. The FAA did not
[[Page 34127]]
make additional changes to this SNPRM as a result of these comments.
Requests To Use a Different Eddy Current Inspection Method and
Equipment
Tony Brand submitted an eddy current inspection procedure and
requested approval to use this method as an alternative method of
compliance. John Longley, Jr. requested that the eddy current
inspection not require specific proprietary equipment. The FAA agrees
that alternate eddy current methods may be acceptable. For any owner/
operator who wishes to use a different procedure, the FAA will consider
requests for approval of an AMOC if sufficient data is submitted to
substantiate that it would provide an acceptable level of safety, using
the instructions in paragraph (o) of this AD. The FAA will consider all
AMOC requests on a case-by-case basis.
Neither the NPRM, nor this SPNRM, propose to require the use of any
particular model equipment. The NPRM and Piper Service Bulletin No.
1345, dated March 3, 2020, which this SNPRM proposes to incorporate by
reference, contain optional examples of equipment that meet the
requirements for conducting the eddy current inspection.
Requests for Clarification of Bolt Hole Inspection
EASA requested clarification on the bolt holes to be inspected.
EASA stated that Piper's service bulletins specify inspecting a larger
area of the lower spar cap and asked whether inspecting only the two
outboard holes, as proposed in the NPRM, is adequate. Blue Skies Flying
Services requested clarification on the difference between the proposed
inspection procedure in appendix 1 of the NPRM, which refers to only
the two lower outboard bolt holes, and the proposed requirement to
perform an eddy current inspection in paragraph (h) of the NPRM, which
refers to each bolt hole on the lower main wing spar cap.
The FAA agrees to clarify and revise the proposed requirement. The
FAA has determined that the requirements in the NPRM to inspect only
the two lower outboard bolt holes are adequate. The FAA has not
observed a pattern of cracking at other spar hole locations and has not
determined the benefit of inspecting additional holes would outweigh
the potential of damage from bolt removal. The FAA has revised the
proposed inspection requirements in this SNPRM to specify the two lower
outboard bolt holes.
Requests To Expand the Eddy Current Inspection Qualifications
Samuel Tucker, Norman Jones, and Humphrey Penney requested the
proposed requirement for NAS 410 Level II or Level III qualifications
to perform the eddy current inspection be expanded to include
equivalent certifications.
The FAA agrees. The FAA has revised the proposed AD to allow Level
II or Level III qualification standards for inspection personnel using
any of the inspector criteria approved by the FAA to conduct the eddy
current inspection. This proposed change would increase the
availability of inspectors qualified to do the eddy current
inspections.
Requests To Clarify/Develop Additional Actions
Mark Morris, Tony Brand, Michael Graziano, and Michael Beasley
requested information about recurring inspection requirements
associated with the NPRM. Forrest Benson asked whether the FAA and
Piper could develop a doubler repair instead of requiring replacement
of the spar due to parts unavailability. William Johnson noted that the
only permanent solution would be to produce a spar strap or reinforcing
plate. The FAA agrees to provide additional information related to
follow-on actions that may be associated with this proposed AD. As a
proposed interim action, this SNPRM would require a one-time inspection
for cracks and a reporting requirement. The FAA will evaluate the
results of the reports to determine if mandating terminating or
repetitive action is warranted. The FAA and Piper have discussed
possible contingent repetitive and terminating actions and determined
that a doubler repair is not a practical repair solution at this time.
Requests To Add Aft Wing Attach Fitting Inspection
Steven Ells and Pascal Robitaille expressed concern over the
integrity of the aft spar attach point as a contributing factor to the
fatigue cracking. These commenters requested including an inspection of
the aft wing attach fitting for excessive play as a step in the NPRM
and, if movement is detected, then performing the proposed eddy current
inspection. John Henry described experiences with the aft spar attach
and suggested criteria for a mandatory inspection.
The FAA acknowledges that the integrity of the forward and aft wing
spar attach points are relevant to loads imparted into the wing spar,
but the FAA disagrees with adding an inspection of the wing spar attach
points to this SNPRM. There is insufficient evidence to conclude that
the forward or aft wing spar attach points have contributed to the
unsafe condition addressed in this SNPRM. The FAA did not change this
SNPRM as a result of these comments.
Requests Regarding the Installation of Access Panels
David Sampson and Gerald Brown expressed concern that the NPRM
fails to address that holes have to be cut in the wing skin and access
panels installed to access the inspection area.
The FAA disagrees. The eddy current inspection proposed by the NPRM
does not require installing holes or access panels. The FAA did not
make changes to this SNPRM as a result of this comment.
H. Comment Regarding the Reporting Requirement
GAMA requested that the FAA revise the proposed AD to require
reporting inspection results to both the FAA and to Piper, the type
certificate holder.
The FAA agrees and has revised this SNPRM accordingly.
I. Comments Regarding Credit for Previous Maintenance Actions
Bryan Russell, Mark Maxwell, Art Sebesta, and Charles Martinak
asked for credit for airplanes that have previously complied with AD
87-08-08, Piper SB 886, or Piper SB 978A, which specified removal of
both wings and dye penetrant inspection of all main spar attach bolts.
The FAA disagrees. Dye penetrant inspection methods are not
generally capable of detecting cracks in the targeted range of .030 to
.050 inch. Additionally, the FAA is aware of one wing spar failure on
an airplane after having undergone the dye penetrant inspection
required by AD 87-08-08.
Barry Roberts and Mark Womack requested credit for airplanes with a
wing that has been replaced with a serviceable wing (over zero hours
TIS) with a documented service history. Daniel Stanley stating that the
proposed AD should not be required on airplanes that had a wing
replaced 40 years ago with a low time wing. (The commenter did not
state whether the documented wing history was available.)
The FAA disagrees. Replacement wings (over zero hours TIS) that do
not have a complete documented history raise the same considerations as
missing airplane maintenance records. For a documented serviceable wing
with less than 5,000 factored service hours, an owner/operator who can
provide
[[Page 34128]]
documentation supporting the history of the airplane or wing spar and
show an acceptable level of safety may provide substantiating data and
request approval of an AMOC using the instructions found in paragraph
(o) of this AD. The FAA will consider all AMOC requests on a case-by-
case basis. The FAA did not make changes to this SNPRM based on these
comments.
J. Comments Regarding Special Flight Permits
Thomas Feminella requested that the proposed AD allow a one-time
ferry flight, because eddy current inspection facilities are scarce,
many owners may fly their airplanes somewhere away from their base to
get the inspection done, and if the wings fail the inspection the
airplane may be trapped at a location where no major repairs are
available. Charles Martinak also expressed concern of being grounded
after flying to a distant facility for testing, which may or may not
have repair capability.
The FAA disagrees. Once a crack in the wing spar area reaches a
detectable size, growth becomes rapid. The FAA does not allow ferry
flights with known cracks in primary structures. However, the FAA has
changed the inspector requirements, which will increase the number of
available inspectors. The FAA did not make additional changes based on
these comments.
K. Comments Regarding the Costs of Compliance
AOPA and nine individual commenters stated generally that the
estimated costs of the proposed AD are incorrect or too low.
Requests To Update the Cost of the Eddy Current Inspection
Doug Morrow and two other commenters noted that the FAA's estimated
labor rate is too low. Thomas Downey, Mitchell Ross, and twenty other
commenters stated that the estimated cost of the proposed inspection,
particularly the labor rate for an inspector qualified for eddy
current, was underestimated. Piper submitted a list of estimated costs
to conduct the eddy current inspection and to do any rework; nine other
commenters agreed with Piper's costs. EAA, GAMA, Steven Ells, Doug
Morrow, Piper, and two other commenters requested the estimated number
of work-hours for the inspection be increased.
The FAA agrees to revise the estimated cost of conducting the eddy
current inspection. The labor rate of $85 per hour is provided by the
FAA Office of Aviation Policy and Plans for use when estimating the
labor costs for complying with AD requirements. However, the FAA
acknowledges the higher hourly rate associated with the specialized
skills that would be required by the proposed AD. The FAA has increased
the cost estimate for the eddy current inspection to $600 in this
SNPRM.
The FAA observed several airplane inspections by private entities
and the NTSB investigative team, which included representatives from
NTSB, FAA, Piper, and Embry-Riddle. It took from 2 to 4 work-hours,
inclusive of gaining access and restoring the airplane, to do the
proposed inspections. However, in the NPRM the FAA did not take into
account that a portion of the labor requires a second person (bolt
removal and reinstallation). The FAA has revised the number of work-
hours estimated to do the inspections from 3 to 5 hours.
Requests To Update the Replacement Cost
Thomas Rae, Doug Morrow, AOPA and six other commenters raised
concerns about the cost to replace a spar or requested the FAA
significantly increase the cost/number of hours to replace a wing spar.
Two commenters noted that replacing a spar is not possible because
there are no parts available, and three commenters questioned why a
replacement spar must be a new spar. Piper recommended the FAA's
estimated costs include the cost of replacing the entire wing.
The FAA agrees with the comments concerning the number of labor
hours and has increased the number of work-hours estimated for the
wing-spar replacement from 32 to 80 hours. The FAA disagrees with
adding the cost for wing replacement. The cost estimate in AD
rulemaking actions include only the costs associated with complying
with the AD. Although the FAA agrees that replacing the wing is an
acceptable method of complying with a required spar replacement, that
method is optional and not required by the AD. Although the FAA
acknowledges the difficulty for some operators due to an unavailability
of parts, this does not negate the need to correct the identified
unsafe condition. The wing spar is critical for safe flight.
Requests To Include Indirect Costs
Four individual commenters noted that the FAA's cost estimate does
not include labor hours sufficient for indirect costs, such as
painting, crating and transportation, and the diminished value of the
aircraft.
The FAA acknowledges the concerns raised by these commenters.
However, the cost analysis in AD rulemaking actions typically includes
only the costs of actions actually required by the rule. Cost estimates
for ADs do not include indirect costs such as hours necessary for
closing actions, costs for transportation to or from facilities for
maintenance, or other losses. The FAA did not make changes to this
SNPRM based on these comments.
Request To Revise the Cost for the Records Review
AOPA requested the FAA revise the number of hours estimated to
review the maintenance records and calculate the number of factored
service hours. In support of its request, AOPA noted that the age of
affected aircraft may be several decades old, necessitating more than
the estimated two hours.
The FAA agrees. Most general aviation airplane maintenance record
entries are comprised of periodic inspections, which often include
annual maintenance items, thus making such a review fairly
straightforward. Flight schools and fleet operators often maintain
electronic records, making data retrieval a simple matter. The FAA
acknowledges that variations in record keeping styles encountered in
older maintenance records may require additional time to review.
Additionally, since the initial airplane maintenance records review to
determine factored service hours effectivity is not considered a
maintenance item, it can be accomplished by the owner/operator
(certified pilot). The FAA has revised the number of hours to review
the records from two hours to three hours and added language to clarify
that an owner/operator may review the airplane maintenance records in
this SNPRM.
Request To Increase the Number of Affected Airplanes in the Cost of
Compliance Section
Piper requested that the estimated costs be revised to include all
affected airplanes worldwide instead of the 19,696 U.S.-registered
airplanes identified in the NPRM. Piper further objected to the lack of
an estimated fleet cost for the eddy current inspections, and stated
40,856 airplanes should be included in the cost estimate because all
airplanes over 10 years of age would be potentially subject to the
inspections.
The FAA disagrees. The cost analyses in AD rulemaking actions
estimate the cost impact on U.S. operators. The FAA bases its estimate
on the number of affected airplanes on the U.S. registry. Including all
airplanes worldwide, as the commenter requested, would not
[[Page 34129]]
result in an estimate relevant to the cost impact of the proposed AD on
U.S. operators.
The FAA also disagrees that all 19,696 airplanes would be required
to calculate the factored service hours. A small sampling of
approximately 200 affected airplanes, aged 15 years and older,
indicated that only 34 percent had reached the 5,000 hours TIS that
would put them into the applicability of paragraph (c)(1) of the NPRM
and require further calculation of the factored service hours.
Therefore, the FAA estimates that a large number of the affected
airplanes will not have reached 5,000 hours TIS, have missing logbooks,
or have undergone a wing replacement and will therefore be able to
defer further review of airplane maintenance records. The FAA did not
makes changes to this SNPRM based on this comment.
L. Comment Regarding Effect of the Proposed AD on Intrastate Aviation
in Alaska
Piper requested the FAA correct the statement in the NPRM that the
proposed AD would have no effect on intrastate commerce in Alaska.
Piper stated that the proposed AD would affect 189 U.S. registered PA-
32-260 and PA-32-300 aircraft, which are widely utilized by many part
135 operators who serve the Alaska communities that rely on aviation as
their only mode of transportation.
The FAA agrees and added clarifying language that the AD does
affect operators in Alaska; however, it does not have a significant
enough effect to make a regulatory distinction.
M. Comments Requesting an Extension of the Comment Period
AOPA, EAA, GAMA, Piper, and seven individual commenters requested
the FAA extend the comment period (from 45 days to 90 days) to allow
additional time to comment because the NPRM was released preceding a
holiday and subsequent government shutdown. Also, these commenters
stated that additional time is needed for industry groups and the type
certificate holder to evaluate the impact of the NPRM and to develop a
solution.
The FAA partially agrees. At the time the FAA issued the NPRM, an
extension of the comment period was not necessary. During the partial
government shutdown of December 22, 2018, through January 25, 2019, the
online AD Docket at www.regulations.gov remained open and accepted
public comments on the NPRM. In spite of the proximity to the holidays,
over 170 separate submittals to the docket were received. However,
since the FAA has revised the proposed AD actions and added airplanes
to the Applicability, this SNPRM is reopening the comment period to
provide the public an opportunity to comment on these proposed changes.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Piper Aircraft, Inc. Service Bulletin No. 1345,
dated March 27, 2020 (Piper SB No. 1345). This service bulletin
contains procedures for doing an eddy current inspection and
instructions to report the results of the inspection to Piper and to
replace the wing, wing spar, or spar section as necessary. This service
information is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section.
Other Related Service Information
The FAA reviewed Piper SB 886 and Piper SB 978A. These service
bulletins contain procedures for determining initial and repetitive
inspection times based on the aircraft's usage and visually inspecting
the wing lower spar caps and the upper wing skin adjacent to the
fuselage and forward of each main spar for cracks. The FAA also
reviewed Piper Aircraft, Inc. Service Letter No. 997, dated May 14,
1987, which contains procedures for replacing airplane wings.
FAA's Determination
The FAA is proposing this AD because it evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.
Certain changes described above expand the scope of the NPRM. As a
result, the FAA has determined that it is necessary to reopen the
comment period to provide additional opportunity for the public to
comment on this SNPRM.
Proposed Requirements of This SNPRM
This SNPRM would require reviewing the airplane maintenance records
to determine the number of 100-hour inspections completed on each
installed main wing spar and using the number of 100-hour inspections
to calculate the factored service hours for each main wing spar. This
SNPRM would also require inspecting the two lower outboard main wing
spar bolt holes on each wing for cracks once a main wing spar exceeds
the specified factored service hours and replacing any main wing spar
when a crack is indicated. This SNPRM would only apply when an airplane
has either accumulated 5,000 or more hours TIS; has had either main
wing spar replaced with a serviceable main wing spar (more than zero
hours TIS); or has missing and/or incomplete maintenance records.
This SNPRM specifies that the owner/operator (pilot) may do the
aircraft maintenance records review and the factored service hours
calculation. Reviewing maintenance records is not considered a
maintenance action and may be done by a pilot holding at least a
private pilot certificate. This action must be recorded in the aircraft
maintenance records to show compliance with that specific action
required by the AD.
Differences Between This SNPRM and the Service Information
Piper SB 1345 specifies doing the eddy current inspection upon
reaching 5,000 hours TIS; however, this SNPRM proposes using the
factored service hours to identify the airplanes at the highest risk of
developing fatigue cracks. Piper SB No. 1345 also specifies using its
feedback form to report the eddy current inspection results, but this
SNPRM proposes the use of a different form attached as appendix 1. In
addition, this SNPRM requires replacement of the wing spar with a new
(zero hours TIS) wing spar if cracks are found; however, Piper SB No.
1345 allows replacement with parts that have been previously installed
on an airplane.
Interim Action
The FAA considers this SNPRM interim action. The inspection reports
will provide the FAA additional data for determining the number of
cracks present in the fleet. After analyzing the data, the FAA may take
further rulemaking action.
Costs of Compliance
The FAA estimates that this SNPRM affects 5,440 airplanes on U.S.
registry. There are 10,881 airplanes of U.S. registry with a model and
serial number shown in table 1 to paragraph (c) of the proposed AD.
Based on a sample survey, the FAA estimates that 50 percent of those
U.S.-registered airplanes will have reached the qualifying 5,000 hour
TIS necessary to do the required logbook review.
The FAA estimates the following costs to comply with this SNPRM:
[[Page 34130]]
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
Review airplane maintenance 3 work-hours x $85 Not applicable....... $255 $1,387,200
records and calculate factored per hour = $255.
service hours.
----------------------------------------------------------------------------------------------------------------
The FAA estimates the following costs to do the eddy current
inspection. Because some airplanes are only used non-commercially and
will not accumulate the specified factored service hours in the life of
the airplane, the FAA has no way of determining the number of airplanes
that might need this inspection:
On-Condition Costs
----------------------------------------------------------------------------------------------------------------
Cost per
Action Labor cost Parts cost product
----------------------------------------------------------------------------------------------------------------
Gain access to the left-hand (LH) and right- 2 work-hours x $85 per hour = $170. $20 $190
hand (RH) inspection areas.
Do eddy current inspections of the LH and 1 work-hour contracted service x N/A 600
RH lower main wing spar. $600 = $600.
Restore aircraft........................... 2 work-hours x $85 per hour = $170. N/A 170
Report inspection results to............... 1 work-hour x $85 = $85............ N/A 85
the FAA and Piper Aircraft, Inc............
----------------------------------------------------------------------------------------------------------------
The FAA estimates the following costs to do any necessary
replacements that would be required based on the results of the
proposed inspection. The FAA has no way of determining the number of
aircraft that might need this replacement:
On-Condition Replacement Costs
----------------------------------------------------------------------------------------------------------------
Action Labor cost Parts cost Cost per product
----------------------------------------------------------------------------------------------------------------
Replace main wing spar........... 80 work-hours x $85 per $5,540 $12,340 per wing spar.
hour = $6,800 per wing
spar.
----------------------------------------------------------------------------------------------------------------
Paperwork Reduction Act
A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a currently valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. Public
reporting for this collection of information is estimated to be
approximately 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, completing and reviewing the collection of
information. All responses to this collection of information are
mandatory. Send comments regarding this burden estimate or any other
aspect of this collection of information, including suggestions for
reducing this burden to: Information Collection Clearance Officer,
Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX
76177-1524.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect 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.
For the reasons discussed above, I certify this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska to the extent
that it justifies making a regulatory distinction, 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
[[Page 34131]]
PART 39--AIRWORTHINESS DIRECTIVES
0
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]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
Piper Aircraft, Inc.: Docket No. FAA-2018-1046; Product Identifier
2018-CE-049-AD.
(a) Comments Due Date
The FAA must receive comments by July 20, 2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Piper Aircraft, Inc. (Piper) airplanes,
certificated in any category, with a model and serial number shown
in table 1 to paragraph (c) of this AD, and that meet at least one
of the criteria in paragraphs (c)(1), (2), or (3) of this AD.
Note 1 to paragraph (c) of this AD: An owner/operator with at
least a private pilot certificate may do the aircraft maintenance
records review to determine the applicability as specified in
paragraph (c) of this AD.
(1) Has accumulated 5,000 or more hours time-in-service (TIS);
or
(2) Has had either main wing spar replaced with a serviceable
main wing spar (more than zero hours TIS); or
(3) Has missing and/or incomplete maintenance records.
[GRAPHIC] [TIFF OMITTED] TP03JN20.001
(d) Subject
Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 57, Wings.
(e) Unsafe Condition
This AD was prompted by a report of a wing separation caused by
fatigue cracking in a visually inaccessible area of the main wing
lower spar cap. The FAA is issuing this AD to detect and correct
fatigue cracks in the lower main wing spar cap bolt holes. The
unsafe condition, if not addressed, could result in the wing
separating from the fuselage in flight.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Definitions
(1) ``TIS'' has the same meaning as the definition of ``time in
service'' in 14 CFR 1.1.
[[Page 34132]]
(2) For purposes of this AD, ``factored service hours'' refers
to the calculated quantity of hours using the formula in paragraph
(h)(2) of this AD, which accounts for the usage history of the
airplane.
(h) Review Airplane Maintenance Records and Calculate Factored Service
Hours for Each Main Wing Spar
(1) Within 30 days after the effective date of this AD, review
the airplane maintenance records and determine the number of 100-
hour inspections completed on the airplane since new and any record
of wing spar replacement(s).
(i) For purposes of this review, count any inspection conducted
to comply with the 100-hour requirement of 14 CFR 91.409(b)
pertaining to carrying persons for hire, such as in-flight training
environments, even if the inspection was entered in the maintenance
records as an ``annual'' inspection or as an ``annual/100-hour''
inspection. If the purpose of an inspection was to comply with Sec.
91.409(b), then it must be counted. To determine the purpose of an
inspection, note the repeating intervals between inspections, i.e.,
less than 10 months between, and typically 90-110 flight hours. An
inspection entered as a ``100-hour'' inspection but done solely for
the purpose of meeting the requirement to complete an annual
inspection, or those otherwise not required by Sec. 91.409(b), need
not be counted. For operators utilizing a progressive inspection
program, count the completion of each Sec. 91.409(b) 100-hour
interval as one inspection.
(ii) If a main wing spar has been replaced with a new (zero
hours TIS) main wing spar, count the number of 100-hour inspections
from the time of installation of the new main wing spar.
(iii) If a main wing spar has been replaced with a serviceable
main wing spar (more than zero hours TIS) or the airplane
maintenance records are missing or incomplete, the wing history
cannot be determined. Perform the eddy current inspection as
specified in paragraph (i) of this AD.
(iv) The actions required by paragraph (h)(1) of this AD may be
performed by the owner/operator (pilot) holding at least a private
pilot certificate and must be entered into the aircraft records
showing compliance with this AD in accordance with 14 CFR 43.9(a)(1)
through (4), and 14 CFR 91.417(a)(2)(v). The record must be
maintained as required by 14 CFR 91.417, 121.380, or 135.439.
(2) Before further flight after completing the action in
paragraph (h)(1) of this AD, calculate the factored service hours
for each main wing spar using the formula in figure 1 to paragraph
(h)(2) of this AD. Thereafter, after each annual inspection and 100-
hour inspection, recalculate/update the factored service hours for
each main wing spar until the main wing spar has accumulated 5,000
or more factored service hours.
[GRAPHIC] [TIFF OMITTED] TP03JN20.002
(3) An example of determining factored service hours for an
airplane with no 100-hour inspections is as follows: The airplane
maintenance records show that the airplane has a total of 12,100
hours TIS, and only annual inspections have been done. None of the
annual inspections were done for purposes of compliance with Sec.
91.409(b). Both main wing spars are original factory installed. In
this case, N = 0 and T = 12,100. Use those values in the formula as
shown in figure 2 to paragraph (h)(3) of this AD.
[GRAPHIC] [TIFF OMITTED] TP03JN20.003
[[Page 34133]]
(4) An example of determining factored service hours for an
airplane with both 100-hour and annual inspections is as follows:
The airplane was originally flown for personal use, then for
training for a period of time, then returned to personal use. The
airplane maintenance records show that the airplane has a total of
5,600 hours TIS, and nineteen 100-hour inspections for purposes of
compliance with Sec. 91.409(b) have been done. Both main wing spars
are original factory installed. In this case, N = 19 and T = 5,600.
Use those values in the formula shown in figure 3 to paragraph
(h)(4) of this AD. First, calculate commercial use time by
multiplying (N x 100). Next, subtract that time from the total time,
and divide that quantity by 17. Add the two quantities to determine
total factored service hours.
[GRAPHIC] [TIFF OMITTED] TP03JN20.004
(i) Eddy Current Inspect
Within the compliance time specified in either paragraph (i)(1)
or (2) of this AD, as applicable, eddy current inspect the inner
surface of the two lower outboard bolt holes on the lower main wing
spar cap for cracks using steps 1 through 3 in the Instructions of
Piper Aircraft, Inc. Service Bulletin No. 1345, dated March 27,
2020. Although Piper SB No. 1345 specifies NAS 410 Level II or Level
III certification to perform the inspection, this AD allows Level II
or Level III qualification standards for inspection personnel using
any inspector criteria approved by the FAA.
Note 2 to paragraph (i) of this AD: Adivsory Circular 65-31B
contains FAA-approved Level II and Level III qualification standards
criteria for inspection personnel doing nondestructive test (NDT)
inspections.
(1) Within 100 hours TIS after complying with paragraph (h) of
this AD or within 100 hours TIS after a main wing spar accumulates
5,000 factored service hours, whichever occurs later; or
(2) For airplanes with an unknown number of factored service
hours on a main wing spar, within the next 100 hours TIS after the
effective date of this AD or within 60 days after the effective date
of this AD, whichever occurs later.
(j) Replace the Main Wing Spar
If a crack is found during an inspection required by paragraph
(i) of this AD, before further flight, replace the main wing spar
with a new (zero hours TIS) main wing spar.
(k) Install New Bolts
Before further flight after completing the actions required by
paragraph (i) or (j) of this AD, install new bolts by following step
6 of Piper Aircraft, Inc. Service Bulletin No. 1345, dated March 27,
2020.
(l) Report Inspection Results
Within 30 days after completing an inspection required by
paragraph (i) of this AD, using Appendix 1, ``Inspection Results
Form,'' of this AD, report the inspection results to the FAA at the
Atlanta ACO Branch and to Piper. Submit the report to the FAA and
Piper using the contact information found on the form in appendix 1
of this AD.
(m) Special Flight Permit
A special flight permit may only be issued to operate the
airplane to a location where the inspection requirement of paragraph
(i) of this AD can be performed. This AD prohibits a special flight
permit if the inspection reveals a crack in a main wing spar.
(n) Paperwork Reduction Act Burden Statement
A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty
for failure to comply with a collection of information subject to
the requirements of the Paperwork Reduction Act unless that
collection of information displays a currently valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 1 hour per response, including the
time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, completing and reviewing
the collection of information. All responses to this collection of
information are mandatory. Send comments regarding this burden
estimate or any other aspect of this collection of information,
including suggestions for reducing this burden to: Information
Collection Clearance Officer, Federal Aviation Administration, 10101
Hillwood Parkway, Fort Worth, TX 76177-1524.
(o) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Atlanta ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or local Flight Standards District
Office, as appropriate. If sending information directly to the
manager of the certification office, send it to the attention of the
person identified in paragraph (p) of this AD.
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
(p) Related Information
(1) For more information about this AD, contact Dan McCully,
Aerospace Engineer, Atlanta ACO Branch, FAA, 1701 Columbia Avenue,
College Park, Georgia 30337; phone:
[[Page 34134]]
(404) 474-5548; fax: (404) 474-5605; email: [email protected].
(2) For service information identified in this AD, Piper
Aircraft, Inc., 2926 Piper Drive, Vero Beach, Florida 32960;
telephone: (772) 567-4361; internet: www.piper.com. You may view
this service information at the FAA, Airworthiness Products Section,
Operational Safety Branch, 901 Locust, Kansas City, Missouri 64106.
For information on the availability of this material at the FAA,
call (816) 329-4148.
BILLING CODE 4910-13-P
[[Page 34135]]
[GRAPHIC] [TIFF OMITTED] TP03JN20.005
[[Page 34136]]
Issued on May 8, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020-11343 Filed 6-2-20; 8:45 am]
BILLING CODE 4910-13-C
