[Federal Register Volume 60, Number 181 (Tuesday, September 19, 1995)]
[Proposed Rules]
[Pages 48433-48435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23215]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 95-CE-35-AD]
Airworthiness Directives; The New Piper Aircraft, Inc. (Formerly
Piper Aircraft Corporation) Models PA23, PA23-150, PA23-160, PA23-235,
and PA23-250 Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes to supersede Airworthiness Directive
(AD) 92-13-04, which currently requires preflight draining procedures
on The New Piper Aircraft, Inc. (Piper) Models PA23-150 and PA23-160
airplanes. This proposed action would require installing external fuel
ramp assemblies on Piper Models PA23, PA23-150, PA23-160, PA23-235, and
PA23-250 airplanes, and incorporating pilots' operating handbook (POH)
revisions for Piper Models PA23, PA23-150, and PA23-160 airplanes.
Reports of water-in-the-fuel on the affected airplanes, regardless of
whether the airplane owners/operators have accomplished preflight
draining procedures, prompted the proposed action. The actions
specified by the proposed AD are intended to prevent rough engine
operation or complete loss of engine power caused by water-in-the-fuel.
DATES: Comments must be received on or before December 26, 1995.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Central Region, Office of the Assistant Chief
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.
This information also may be examined at the Rules Docket at the
address above.
FOR FURTHER INFORMATION CONTACT: Ms. Juanita Craft-Lloyd, Aerospace
Engineer, FAA, Atlanta Aircraft Certification Office, Campus Building,
1701 Columbia Avenue, suite 2-160, College Park, Georgia 30337-2748;
telephone (404) 305-7373; facsimile (404) 305-7348.
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 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 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 NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Central Region, Office of the Assistant Chief Counsel,
Attention: Rules Docket No. 95-CE-35-AD, Room 1558, 601 E. 12th Street,
Kansas City, Missouri 64106.
Discussion
Sixteen accidents since 1975 involving Piper PA23 series airplanes
where water-in-the-fuel was believed to cause engine stoppage prompted
the FAA to issue AD 90-23-18, Amendment 39-6782 (55 FR 46787; November
7, 1990), and AD 92-13-04, Amendment 39-8274 (57 FR 24938;
[[Page 48434]]
June 12, 1992). AD 92-13-04 superseded AD 90-23-18 and currently
requires preflight draining procedures on Piper Models PA23-150 and
PA23-160 airplanes, and was issued to prevent rough engine operation or
complete loss of engine power because of water contamination in the
fuel. AD 92-13-04 exempts from its requirements airplanes with a dual
fuel drain kit, part number (P/N) 765-363, installed in accordance with
Piper Service Bulletin (SB) 827A, dated November 4, 1988. AD 90-23-18
required the installation of dual fuel drain kits and the installation
of internal wedges in the fuel tanks before its effectiveness was
suspended and eventually superseded by AD 92-13-04.
Even with the issuance of, and the owners/operators' compliance
with, AD 92-13-04, the FAA continues to receive reports of fuel-related
problems where the cause is believed to be water-in-the-fuel. Some of
these reports specify incidents involving Piper Models PA23-235 and
PA23-250 airplanes. AD 92-13-04 did not apply to these airplane models
because the FAA believed that the baffled fuel tanks included with
these airplane models would channel the water towards the drain instead
of the low spot.
Floats and Fuel Cells (FFC) has issued Engineering Specification
2810-002, Revision A, dated March 21, 1995, which specifies procedures
for installing external fuel ramps on Piper PA23 series airplanes.
After examining all information related to the incidents and
service reports described above including the referenced service
information, the FAA has determined that:
The preflight draining procedures required by AD 92-13-04
are not adequate in eliminating water from the fuel on the applicable
Piper Models PA23-150 and PA23-160 airplanes, and external fuel ramps
should be installed on these airplanes;
External fuel ramps should be installed on certain Piper
Models PA23, PA23-235, and PA23-250 airplanes in order to eliminate
water in the fuel;
External fuel ramps should be installed on any affected
airplane with a dual fuel drain kit, part number (P/N) 765-363,
installed in accordance with Piper SB 827A, dated November 4, 1988;
Any affected airplane with Piper Fuel Tank Wedge Kit, part
number 599-367, incorporated in accordance with Piper SB 932A, dated
August 30, 1990, should not have external fuel ramps installed until
the fuel tank is replaced; and
AD action should be taken to require the installation of
these external fuel ramps in accordance with the instructions in FFC
Engineering Specification 2810-002, Revision A, dated March 21, 1995.
Since an unsafe condition has been identified that is likely to
exist or develop in other Piper Models PA23, PA23-150, PA23-160, PA23-
235, and PA23-250 airplanes of the same type design, the proposed AD
would 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 PA23, PA23-150, and PA23-160 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.
The FAA estimates that 6,973 airplanes in the U.S. registry would
be affected by the proposed installation, that it would take
approximately 6 workhours per airplane to accomplish the proposed
action, and that the average labor rate is approximately $60 an hour.
Parts cost approximately $280 per airplane ($140 per tank X 2 tanks per
airplane). Based on these figures, the total cost impact of the
proposed AD on U.S. operators is estimated to be $4,462,720. This
figure is based on the assumption that no affected airplane owner/
operator has installed external fuel ramps. No fuel ramps 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 43.11 of the Federal Aviation Regulations (14 CFR
43.7 and 43.11) can accomplish this proposed action, the only cost
impact upon the public is the time it takes to incorporate these POH
revisions.
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 USC 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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PA23, PA23-150, and PA23-160..... 23-1 through 23-2046.
PA23-235......................... 27-505 through 27-622.
PA23-250......................... 27-1 through 27-7405476 and 26-
7554001 through 27-8154030.
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[[Page 48435]]
Note 1: This AD applies to each airplane identified in the
preceding applicability revision, 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 (d) 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, unless
already accomplished.
To prevent 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,
install external fuel ramps in accordance with the ACCOMPLISHMENT
INSTRUCTIONS section of Floats and Fuel Cells (FFC) Engineering
Specification 2810-002, Revision A, dated March 21, 1995.
(b) For all of the affected Models PA23, PA23-150, and PA23-160
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) 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.
(d) 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. The request shall be forwarded through an
appropriate FAA Maintenance Inspector, who may add comments and then
send it to the Manager, Atlanta ACO.
Note 3: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Aircraft Certification Office.
(e) 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. Piper SB No. 827A, dated November 4,
1988, may be obtained upon request from the Piper Aircraft
Corporation, Customer Services, 2926 Piper Drive, Vero Beach,
Florida 32960. These documents may be examined at the FAA, Central
Region, Office of the Assistant Chief Counsel, Room 1558, 601 E.
12th Street, Kansas City, Missouri 64106.
(f) This amendment supersedes AD 92-13-04, Amendment 39-8274.
Issued in Kansas City, Missouri, on September 13, 1995.
Gerald W. Pierce,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 95-23215 Filed 9-18-95; 8:45 am]
BILLING CODE 4910-13-U
