[Federal Register Volume 63, Number 29 (Thursday, February 12, 1998)]
[Proposed Rules]
[Pages 7085-7088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3517]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 95-CE-35-AD]
RIN 2120-AA64
Airworthiness Directives; The New Piper Aircraft, Inc. (Formerly
Piper Aircraft Corporation) Models PA-23 (PA-23-150), PA-23-160, PA-23-
235, and PA-23-250 Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
the comment period.
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SUMMARY: This document proposes to revise an earlier proposed
airworthiness directive (AD) that would have required installing
external fuel ramp assemblies on The New Piper Aircraft, Inc. (Piper)
Models PA-23 (PA-23-150), PA-23-160, PA-23-235, and PA-23-250
airplanes, and incorporating pilots' operating handbook (POH) revisions
for Piper Models PA-23 (PA-23-150), and PA-23-160 airplanes. That
proposed AD would have superseded AD 92-13-04, which currently requires
preflight draining procedures on Piper Models PA-23 (PA-23-150) and PA-
23-160 airplanes. The proposed AD was the result of reports of water-
in-the-fuel on the affected airplanes, even on those where the airplane
owners/operators had accomplished preflight draining procedures. The
actions specified in the proposed AD are intended to assist in
eliminating water in the fuel tanks, which could result in rough engine
operation or complete loss of engine power. Comments received on the
proposal specify an additional alternative to the proposed AD, and the
Federal Aviation Administration (FAA) has determined that this
alternative should be added to the proposal. Based upon these comments
on the original proposal and the amount of time that has elapsed since
issuance of this proposal, the FAA has determined that the comment
period for the proposal should be reopened and the public should have
additional time to comment.
DATES: Comments must be received on or before April 13, 1998.
ADDRESSES: Submit comments in triplicate to the FAA, Central Region,
Office of the Regional Counsel, Attention: Rules Docket No. 95-CE-35-
AD, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106.
Comments may be inspected at this location between 8 a.m. and 4 p.m.,
Monday through Friday, holidays excepted.
FFC Engineering Specification 2810-002, Revision A, dated March 21,
1995, may be obtained from Floats & Fuel Cells, 4010 Pilot Drive, suite
3, Memphis, Tennessee 38118. Piper Service Bulletin (SB) No. 827A,
dated November 4, 1988, may be obtained from The New Piper Aircraft,
Inc., Customer Services, 2926 Piper Drive, Vero Beach, Florida 32960.
The instructions included with Transamerican Enterprises, Inc.
TAE102688 Piper PA 23 Fuel Cell Drain Installation, dated September 30,
1996, may be obtained from Transamerican Enterprises, Inc., 6778
Skyline Drive, Delray Beach, Florida 33446. This information also may
be examined at the Rules Docket at the address above.
[[Page 7086]]
FOR FURTHER INFORMATION CONTACT: Mr. Wayne A. Shade, Aerospace
Engineer, FAA, Atlanta Aircraft Certification Office, One Crown Center,
1895 Phoenix Boulevard, suite 450, Atlanta, Georgia 30349; telephone:
(770) 703-6094; facsimile: (770) 703-6097.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the making of the
proposed rule by submitting such written data, views, or arguments as
they may desire. Communications should identify the Rules Docket number
and be submitted in triplicate to the address specified above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this supplemental notice may
be changed in light of the comments received.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed rule. All
comments submitted will be available, both before and after the closing
date for comments, in the Rules Docket for examination by interested
persons. A report that summarizes each FAA-public contact concerned
with the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this supplemental notice must submit a self-
addressed, stamped postcard on which the following statement is made:
``Comments to Docket No. 95-CE-35-AD.'' The postcard will be date
stamped and returned to the commenter.
Availability of Supplemental NPRM's
Any person may obtain a copy of this supplemental NPRM by
submitting a request to the FAA, Central Region, Office of the Regional
Counsel, Attention: Rules Docket No. 95-CE-35-AD, Room 1558, 601 E.
12th Street, Kansas City, Missouri 64106.
Discussion
A proposal to amend part 39 of the Federal Aviation Regulations (14
CFR part 39) to include an AD that would apply to certain Piper Models
PA-23 (PA-23-150), PA-23-160, PA-23-235, and PA-23-250 airplanes was
published in the Federal Register as a notice of proposed rulemaking
(NPRM) on September 19, 1995 (60 FR 48433). The action proposed to
supersede AD 92-13-04, Amendment 39-8274, with a new AD that would:
--retain the preflight draining procedures required by AD 92-13-04 to
require incorporating pilots' operating handbook (POH) revisions for
Piper Models PA-23 (PA-23-150) and PA-23-160 airplanes that are not
equipped with a dual fuel drain kit, part number (P/N) 765-363 (unless
already accomplished). The POH revisions are included in Piper SB No.
827A, dated November 4, 1988;
--require installing external fuel ramp assemblies on all the affected
airplanes in accordance with FFC Engineering Specification 2810-002,
Revision A, dated March 21, 1995; and
--delay the compliance time for airplanes with Piper Fuel Tank Wedge
Kit, part number 599-367, incorporated in accordance with Piper SB
932A, dated August 30, 1990, until a new fuel tank is installed.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
Comment No. 1: No Need for AD Action
Thirty seven commenters claim that no AD is required because, if
current procedures were followed, the potential for water in the fuel
tank would be reduced, if not eliminated. The commenters state that the
primary procedures are properly maintaining the fuel cap and seals,
accomplishing proper pre-flight inspections of the fuel, and filling
the fuel tanks after each flight.
The FAA does not concur. Although accomplishing the above-
referenced procedures will possibly reduce the risk of water entering
the fuel tank, the FAA does not believe that the design of the fuel
tank installation allows for the drainage of all the water in the tank.
This is caused by a low spot inboard of the aft corner of the tank when
the airplane is parked in the normal attitude, which is not accessible
with the current drainage systems. Therefore, the FAA has determined
that a design change is required to allow complete drainage of all
water in the fuel tanks. No changes to the NPRM have been made as a
result of these comments.
Comment Issue No. 2: Change the Airplane Attitude When Parked
Two commenters request that, instead of requiring the proposed
actions, the FAA require an operational procedure to change the
airplane attitude so that the airplane would be parked in a nose-down
position. This would force all the fluid in the fuel tank toward the
forward section of the tank, which could then be accessed with the
current drainage system.
The FAA concurs that this procedure would help the situation, but
it would not resolve the design deficiency. Therefore, this operational
procedure would only provide a similar benefit as the current
procedures for operation and maintenance. The FAA will add a note in
the proposed AD encouraging operators of the affected airplanes to
change the airplane attitude when the airplane is parked.
Comment Issue No. 3: Require AD Only When New Tanks Are Installed
Two commenters believe that the FAA should only require an AD when
new fuel tanks are installed. These commenters state that, since no
life limits are established for the fuel tanks, the tanks will not be
flexible enough to handle the moving around that will happen during the
installation of other equipment. Therefore, incorporating either design
change proposed in the NPRM without replacing the tanks could increase
the risk of fuel leaks from the tanks.
The FAA concurs. Each design change procedure requires inspecting
the tank to determine if the tank needs to be replaced or overhauled to
a serviceable condition. Although the NPRM did not discuss replacement
or overhaul of the fuel tanks, these requirements were incorporated
within the procedures of the design change. No changes to the NPRM have
been made as a result of these comments.
Comment Issue No. 4: Drain Valve Instead of External Fuel Ramp
Assemblies
Two commenters believe that utilizing a simple drain valve in the
low spot of the fuel tanks would solve the problem rather than
requiring the installation of external fuel ramp assemblies. The
commenters state that placing this drain valve in the low spot would
cause the least amount of stress on the fuel tank and eliminate any
future questions about additional wrinkles that occur through
installation of the external fuel ramp assemblies.
The FAA concurs. Installing a drain valve in the low spot of the
fuel tanks will be included as an option of compliance with the
proposed rule. This installation would be accomplished in accordance
with the instructions included with Transamerican Enterprises, Inc.
TAE102688 Piper PA 23 Fuel Cell Drain Installation, dated September 30,
1996.
[[Page 7087]]
Comment Issue No. 5: Cost Estimate Not Representative of Airplane Fleet
Fourteen commenters state that most of the affected airplanes have
configurations representative of a four fuel tank installation, and
most would need overhaul or replacement of the fuel tanks. These
commenters request that the FAA change the estimate of the cost impact
to the public to reflect a four-tank installation rather than a two-
tank installation, including overhaul costs.
The FAA concurs that the estimate of the cost impact on the public
should be written to reflect the airplane's tank configuration (two or
four tanks). The FAA will change the estimate of the cost impact to
reflect a per tank cost, with a total given for a two-tank
configuration and a total given for a four-tank configuration. The FAA
has no way of determining how many tanks will need to be overhauled or
replaced, and believes that many will not need to be overhauled or
replaced. Therefore, overhaul or replacement costs for the tanks are
not included in the estimate of the cost impact to the public.
Comment Issue No. 6: External Fuel Ramp Assembly Installation Could
Cause Wrinkles
Sixteen commenters question the effectiveness of the external fuel
ramp assembly installation from the standpoint that this modification
could cause wrinkles in the fuel tanks. Water could then become trapped
in the wrinkles that form.
The FAA concurs that water could become trapped in any wrinkles
that form in the fuel tanks. However, the FAA has determined that, if
fuel tank overhauls, replacements, and modifications are accomplished
in accordance with the required established procedures and standard
industry practice, then wrinkles in the fuel tanks should not form
after installing these external fuel ramp assemblies. As previously
noted, the FAA is including the placement of a drain valve in the fuel
tanks as an option over installing the external fuel ramp assemblies.
The Supplemental NPRM
Based upon the amount of time that has elapsed since issuance of
the NPRM, the FAA has determined that the changes discussed above
should be incorporated into the proposed rule and the comment period
for the NPRM should be reopened and the public should have additional
time to comment.
Cost Impact
The FAA estimates that 6,973 airplanes in the U.S. registry would
be affected by the proposed installation. The following gives cost
estimates for airplanes with a two-tank configuration and a four-tank
installation:
--Two-tank Configuration: It would take approximately 10 workhours per
airplane to accomplish the proposed installation at an average labor
rate of approximately $60 an hour. Parts cost approximately $400 per
airplane ($200 per tank x two tanks per airplane). Based on these
figures of all affected airplanes having two-tank configurations, the
total cost impact of the proposed installation on U.S. operators is
estimated to be $6,973,000, or $1,000 per airplane.
--Four-tank Configuration: It would take approximately 20 workhours per
airplane to accomplish the proposed installation at an average labor
rate of approximately $60 an hour. Parts cost approximately $800 per
airplane ($200 per tank x four tanks per airplane). Based on these
figures of all affected airplanes having four-tank configurations, the
total cost impact of the proposed installation on U.S. operators is
estimated to be $13,946,000, or $2,000 per airplane.
These figures are based on the presumption that no affected
airplane owner/operator has installed external fuel ramp assemblies. No
fuel ramp assemblies have been distributed to the owners/operators of
the affected airplanes.
In addition, incorporating the POH revisions as proposed would be
required for approximately 2,046 airplanes in the U.S. registry. Since
an owner/operator who holds a private pilot's certificate as authorized
by sections 43.7 and 43.9 of the Federal Aviation Regulations (14 CFR
43.7 and 43.9) can accomplish this proposed action, the only cost
impact upon the public is the time it takes to incorporate these POH
revisions.
Regulatory Impact
The regulations proposed herein would not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this
proposal would not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and (3) if promulgated,
will not have a significant economic impact, positive or negative, on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act. A copy of the draft regulatory evaluation
prepared for this action has been placed in the Rules Docket. A copy of
it may be obtained by contacting the Rules Docket at the location
provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend 14
CFR part 39 of the Federal Aviation Regulations as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40101, 40113, 44701.
Sec. 39.13 [AMENDED]
2. Section 39.13 is amended by removing Airworthiness Directive
(AD) 92-13-04, Amendment 39-8274 (57 FR 24938; June 12, 1992), and by
adding a new AD to read as follows:
The New Piper Aircraft, Inc.: Docket No. 95-CE-35-AD. Supersedes AD
92-13-04, Amendment 39-8274.
Applicability: The following model and serial number airplanes,
certificated in any category:
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Models Serial No.
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PA-23 (PA-23-150), and PA-23-160.. 23-1 through 23-2046.
PA-23-235......................... 27-505 through 27-622.
PA-23-250......................... 27-1 through 27-7405476 and 27-
7554001 through 27-8154030.
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[[Page 7088]]
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (e) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required with whichever of the following is
applicable:
For airplanes that do not have Piper Fuel Tank Wedge
Kit, part number 599-367, incorporated in accordance with Piper
Service Bulletin (SB) 932A, dated August 30, 1990: Within the next
100 hours time-in-service after the effective date of this AD,
unless already accomplished; or
For airplanes that do have Piper Fuel Tank Wedge Kit,
part number 599-367, incorporated in accordance with Piper SB 932A,
dated August 30, 1990: Upon installation of a new fuel tank.
To assist in eliminating water in the fuel tanks, which could
result in rough engine operation or complete loss of engine power,
accomplish the following:
(a) For all of the affected model and serial number airplanes,
accomplish one of the following:
(1) Install external fuel ramp assemblies in accordance with the
ACCOMPLISHMENT INSTRUCTIONS section of Floats and Fuel Cells (FFC)
Engineering Specification 2810-002, Revision A, dated March 21,
1995; or
(2) Install a fuel tank drain valve in accordance with the
instructions included with Transamerican Enterprises, Inc. TAE102688
Piper PA 23 Fuel Cell Drain Installation, dated September 30, 1996.
(b) For all of the affected Models PA-23 (PA-23-150), and PA-23-
160 airplanes that do not have a dual fuel drain kit, part number
(P/N) 765-363, installed in accordance with Piper SB 827A, dated
November 4, 1988, incorporate, into the Owners Handbook and Pilots'
Operating Handbook, paragraphs 1 through 5 of the Aircraft Systems
Operating Instructions that are contained in Part I of Piper SB
827A, unless already accomplished (compliance with superseded AD 92-
13-04).
Note 2: Paragraphs 6 and 7 of the Handling and Servicing
instructions that are contained in Part I of Piper SB No. 827A,
dated November 4, 1988, are covered by AD 88-21-07 R1.
(c) For all affected Models PA-23 (PA-23-150) and PA-23-160
airplanes equipped with non-baffled fuel cells, incorporating Piper
Fuel Tank Wedge Kit, P/N 599-367, in accordance with Piper SB 932A,
dated August 30, 1990, may be accomplished in place of either of the
actions required by paragraph (a) of this AD.
Note 3: Operators of the affected airplanes are encouraged to
change the airplane attitude so that the airplane is parked in a
nose-down position. This could aid in drainage and help assist in
eliminating water in the fuel.
(d) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
(e) An alternative method of compliance or adjustment of the
compliance time that provides an equivalent level of safety may be
approved by the Manager, Atlanta Aircraft Certification Office
(ACO), Campus Building, 1701 Columbia Avenue, suite 2-160, College
Park, Georgia 30337-2748.
(1) The request shall be forwarded through an appropriate FAA
Maintenance Inspector, who may add comments and then send it to the
Manager, Atlanta ACO.
(2) Alternative methods of compliance approved in accordance
with AD 92-13-04 (superseded by this action) are not considered
approved as alternative methods of compliance with this AD.
Note 4: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Atlanta ACO.
(f) All persons affected by this directive may obtain copies of
the Engineering Specification 2810-002, Revision A, dated March 21,
1995, upon request to Floats & Fuel Cells, 4010 Pilot Drive, suite
3, Memphis, Tennessee 38118. The instructions included with
Transamerican Enterprises, Inc. TAE102688 Piper PA 23 Fuel Cell
Drain Installation, dated September 30, 1996, may be obtained from
Transamerican Enterprises, Inc., 6778 Skyline Drive, Delray Beach,
Florida 33446. Piper SB No. 827A, dated November 4, 1988, may be
obtained upon request from The New Piper Aircraft, Inc., Customer
Services, 2926 Piper Drive, Vero Beach, Florida 32960. These
documents may be examined at the FAA, Central Region, Office of the
Regional Counsel, Room 1558, 601 E. 12th Street, Kansas City,
Missouri 64106.
(g) This amendment supersedes AD 92-13-04, Amendment 39-8274.
Issued in Kansas City, Missouri, on February 4, 1998.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-3517 Filed 2-11-98; 8:45 am]
BILLING CODE 4910-13-U
