[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proposed AD would have superseded AD 92-13-04, which currently requires 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