[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