Federal Register/Vol. 86, No. 10/Friday, January 15, 2021/Rules
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Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Rules and Regulations 3769 Adjusted maximum civil Law Penalty description penalty amount 12 U.S.C. 5565(c)(2)(A) ............................................................. Tier 1 penalty ............................................................................. $5,953 12 U.S.C. 5565(c)(2)(B) ............................................................. Tier 2 penalty ............................................................................. 29,764 12 U.S.C. 5565(c)(2)(C) ............................................................. Tier 3 penalty ............................................................................. 1,190,546 15 U.S.C. 1717a(a)(2) ................................................................ Per violation ................................................................................ 2,074 15 U.S.C. 1717a(a)(2) ................................................................ Annual cap ................................................................................. 2,073,133 12 U.S.C. 2609(d)(1) .................................................................. Per failure ................................................................................... 97 12 U.S.C. 2609(d)(1) .................................................................. Annual cap ................................................................................. 195,047 12 U.S.C. 2609(d)(2)(A) ............................................................. Per failure, where intentional ...................................................... 195 12 U.S.C. 5113(d)(2) .................................................................. Per violation ................................................................................ 30,058 15 U.S.C. 1639e(k)(1) ................................................................ First violation .............................................................................. 11,906 15 U.S.C. 1639e(k)(2) ................................................................ Subsequent violations ................................................................ 23,811 (b) The adjustments in paragraph (a) DATES: This AD is effective February 16, apply to certain Piper Models PA–28– of this section shall apply to civil 2021. 140, PA–28–150, PA–28–151, PA–28– penalties assessed after January 15, The Director of the Federal Register 160, PA–28–161, PA–28–180, PA–28– 2021, whose associated violations approved the incorporation by reference 181, PA–28–235, PA–28R–180, PA– occurred on or after November 2, 2015. of a certain publication listed in this AD 28R–200, PA–28R–201, PA–28R–201T, Dated: January 12, 2021. as of February 16, 2021. PA–28RT–201, PA–28RT–201T, PA–32– 260, and PA–32–300 airplanes. The Grace Feola, ADDRESSES: For service information identified in this final rule, contact NPRM published in the Federal Federal Register Liaison, Bureau of Consumer Register on December 21, 2018 (83 FR Financial Protection. Piper Aircraft, Inc., 2926 Piper Drive, 65592). The NPRM was prompted by a [FR Doc. 2021–00925 Filed 1–14–21; 8:45 am] Vero Beach, Florida 32960; phone: (772) 567–4361; website: https:// fatal accident involving wing separation BILLING CODE 4810–AM–P www.piper.com. You may view this on a Piper Model PA–28R–201 airplane. service information at the FAA, An investigation revealed a fatigue crack Airworthiness Products Section, in a visually inaccessible area of the DEPARTMENT OF TRANSPORTATION Operational Safety Branch, 901 Locust, lower main wing spar cap. The NPRM included other model airplanes with Federal Aviation Administration Kansas City, Missouri 64106. For information on the availability of this similar wing spar structures as the Model PA–28R–201. Based on airplane 14 CFR Part 39 material at the FAA, call (816) 329– 4148. It is also available at https:// usage history, the FAA determined that [Docket No. FAA–2018–1046; Product www.regulations.gov by searching for only those airplanes with higher risk for Identifier 2018–CE–049–AD; Amendment and locating Docket No. FAA–2018– fatigue cracks (airplanes with a 39–21371; AD 2020–26–16] 1046. significant history of operation in flight training or other high-load RIN 2120–AA64 Examining the AD Docket environments) should be subject to the Airworthiness Directives; Piper You may examine the AD docket at inspection requirements proposed in the Aircraft, Inc. Airplanes https://www.regulations.gov by NPRM. searching for and locating Docket No. Because airplanes used in training AGENCY: Federal Aviation FAA–2018–1046; or in person at Docket and other high-load environments are Administration (FAA), DOT. Operations between 9 a.m. and 5 p.m., typically operated for hire and have ACTION: Final rule. Monday through Friday, except Federal inspection programs that require 100- holidays. The AD docket contains this hour inspections, the FAA determined SUMMARY: The FAA is adopting a new final rule, any comments received, and the number of 100-hour inspections an airworthiness directive (AD) for certain other information. The address for airplane has undergone would be the Piper Aircraft, Inc. (Piper) Models PA– Docket Operations is U.S. Department of best indicator of the airplane’s usage 28–151, PA–28–161, PA–28–181, PA– Transportation, Docket Operations, M– history. Accordingly, the FAA 28–235, PA–28R–180, PA–28R–200, 30, West Building Ground Floor, Room developed a factored service hours PA–28R–201, PA–28R–201T, PA–28RT– W12–140, 1200 New Jersey Avenue SE, formula based on the number of 100- 201, PA–28RT–201T, PA–32–260, PA– Washington, DC 20590. hour inspections completed on the 32–300, PA–32R–300, PA–32RT–300, airplane. and PA–32RT–300T airplanes. This AD FOR FURTHER INFORMATION CONTACT: Dan In the NPRM, the FAA proposed to was prompted by a report of a wing McCully, Aviation Safety Engineer, require a review of the airplane separation caused by fatigue cracking in Atlanta ACO Branch, FAA, 1701 maintenance records to determine the a visually inaccessible area of the lower Columbia Avenue, College Park, Georgia number of 100-hour inspections and the main wing spar cap. This AD requires 30337; phone: (404) 474–5548; fax: (404) application of the factored service hours calculating the factored service hours 474–5605; email: william.mccully@ formula to identify when an airplane for each main wing spar to determine faa.gov. meets the criteria for the proposed eddy when an inspection is required, SUPPLEMENTARY INFORMATION: current inspection of the lower main inspecting the lower main wing spar wing spar bolt holes. The FAA also bolt holes for cracks, and replacing any Background proposed to require inspecting the lower cracked main wing spar. The FAA is The FAA issued a notice of proposed main wing spar bolt holes for cracks issuing this AD to address the unsafe rulemaking (NPRM) to amend 14 CFR once a main wing spar exceeds the condition on these products. part 39 by adding an AD that would specified factored service hours and VerDate Sep<11>2014 21:59 Jan 14, 2021 Jkt 253001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\15JAR1.SGM 15JAR1 3770 Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Rules and Regulations replacing any main wing spar when a included Piper, governmental agencies wing separations at the outboard bolt crack is indicated. The maintenance such as the National Transportation holes of the lower spar cap. The NTSB records review to determine the factored Safety Board (NTSB) and the Civil Metallurgist’s Factual Report in the service hours proposed in the NPRM Aviation Safety Authority of Australia 1987 accident, Materials Laboratory would only apply when an airplane has (CASA), and organizations such as the Report No. 87–89, dated August 17, either accumulated 5,000 or more hours Aircraft Owners and Pilots Association 1987, found that fatigue had initiated at time-in-service (TIS); has had either (AOPA), the General Aviation and two locations on the lower surface of the main wing spar replaced with a Manufacturer’s Association (GAMA), left wing spar cap near the forward most serviceable (more than zero hours TIS) the Experimental Aircraft Association outboard, spar to carry through, bolt main wing spar; or has missing and/or (EAA), and the Piper Flying hole. The report further found the incomplete maintenance records. Association. The following presents the fatigue had propagated completely The FAA issued a supplemental comments received on the SNPRM and through the forward flange and partially notice of proposed rulemaking (SNPRM) the FAA’s response to each comment. into the aft flange and spar web.2 The to amend 14 CFR part 39 by adding an A. Supportive Comments Metallurgist’s Factual Report in the AD that would apply to certain Piper 1993 accident, Report No. 93–34, dated Models PA–28–151, PA–28–181, PA– The NTSB and two individual December 15, 1993, found that the lower 28–235, PA–28R–180, PA–28R–200, commenters supported the AD without cap was fractured through the most PA–28R–201, PA–28R–201T, PA–28RT– any recommended changes. Three other outboard pair of bolts connecting the 201, PA–28RT–201T, PA–32–260, PA– individual commenters supported the spar and carry-through.3 The FAA notes 32–300, PA–32R–300, PA–32RT–300, AD but requested changes discussed that the NTSB Final Report for the 1993 and PA–32RT–300T airplanes. The below. accident states the investigation could SNPRM published in the Federal B. Requests for Additional Information not