AD 2013-02-13

This AD is effective March 11, 2013.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of March 11, 2013.

For service information identified in this AD, contact Piper Aircraft, Inc., 2926 Piper Drive, Vero Beach, Florida 32960; telephone: (772) 567-4361; Internet: http://www.piper.com/pages/publications.cfm. You may review copies of the referenced service information at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329-4148.

Hector Hernandez, Aerospace Engineer, FAA, Atlanta Aircraft Certification Office, 1701 Columbia Avenue, College Park, Georgia 30337; telephone: (404) 474-5587; fax: (404) 474-5606; email: hector.hernandez@faa.gov.

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM published in the Federal Register on August 2, 2012 (77 FR 45979). That NPRM proposed to require inspections of the stabilator control system and replacement of parts as necessary.

We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the proposal and the FAA's response to each comment.

Gregory E. Sniegowski, Carl Poplawsky, and Eric Stendahl stated that since inspections of the control systems and pulleys are already part of the annual inspection, the requirements of this AD would seem to be redundant and that the NPRM should be withdrawn.

We do not agree. The service difficulty report (SDR) database shows that certain Piper models have multiple reports of cracks, corrosion, failure of the turnbuckle, control cable fraying, or cable swage end breaks. This AD was prompted by reports concerning an accident on a Piper Model PA-32R-301T and an incident on a Piper Model PA-32R-300 airplane.

Deborah A.P. Hersman, Chairman, National Transportation Safety Board (NTSB), stated that two special airworthiness information bulletins (SAIBs) have been issued that recommend inspecting the entire surface of each cable terminal, turnbuckle, or other cable fittings for corrosion or cracking. Within the past 2 years, the NTSB has investigated two accidents and one incident involving Piper airplanes where control cable assembly failures due to stress corrosion cracking led to failures of the horizontal stabilator control system. She stated that the fact these events continue to occur more than 10 years after the SAIBs were issued shows that the SAIBs were not effective. The NTSB supports the need for this AD.

We concur with the findings by the NTSB.

Joseph Boenzi stated that we should revise the AD to allow an individual to remove the surface corrosion on a turnbuckle by using a cleaning agent and then making a determination if the part is airworthy. There have been reports that surface corrosion on turnbuckles could be easily removed with scotch-brite.

We agree because Piper investigated the possibility of using scotch-brite to remove surface corrosion and found it to be acceptable. We will change this AD to reference the revised Piper Aircraft, Inc. Mandatory Service Bulletin No. 1245A, dated November 28, 2012, which incorporated cleaning agents and scotch-brite.

We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting the AD with the change described previously and minor editorial changes. We have determined that these minor changes:

• Are consistent with the intent that was proposed in the NPRM (77 FR 45979, August 2, 2012) for correcting the unsafe condition; and

• Do not add any additional burden upon the public than was already proposed in the NPRM (77 FR 45979, August 2, 2012).

We also determined that these changes will not increase the economic burden on any operator or increase the scope of the AD.

We estimate that this AD affects 34,013 airplanes of U.S. registry.

We estimate the following costs to comply with this AD:

We estimate the following costs to do any necessary replacements that would be required based on the results of the inspection. We have no way of determining the number of aircraft that might need these replacements:

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.

We are 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.

This AD will not have federalism implications under Executive Order 13132. This AD will 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 that this AD:

(1) Is not a “significant regulatory action” under Executive Order 12866,

(2) Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979),

(3) Will not affect intrastate aviation in Alaska, and

(4) 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.

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

1. The authority citation for part 39 continues to read as follows:

2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD):