[Federal Register Volume 79, Number 124 (Friday, June 27, 2014)]
[Proposed Rules]
[Pages 36442-36443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-15139]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0742; Directorate Identifier 2013-CE-012-AD]
RIN 2120-AA64


Airworthiness Directives; Piper Aircraft, Inc.

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Proposed rule; withdrawal.

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SUMMARY: This document withdraws a notice of proposed rulemaking (NPRM) 
that would have applied to certain Piper Aircraft, Inc. Models PA-28-
140, PA-28-150, PA-28-160, PA-28-180, PA-28R-180, and PA-28R-200 
airplanes. The proposed airworthiness directive (AD) would have 
superseded AD 71-21-08, Amendment 39-1312, which currently requires 
replacement of the fuel selector valve cover. This proposed AD would 
have added additional airplanes to the AD's applicability section and 
changed the compliance time of the required actions. Since issuance of 
the NPRM, the FAA has re-evaluated this airworthiness concern and 
determined that an unsafe condition does not exist that would warrant 
AD action. This withdrawal does not prevent the FAA from initiating 
future rulemaking on this subject.

DATES: As of June 27, 2014, the proposed rule published August 20, 2013 
(78 FR 51121), is withdrawn.

FOR FURTHER INFORMATION CONTACT: Gary Wechsler, Aerospace Engineer, 
Atlanta Aircraft Certification Office, FAA, 1701 Columbia Avenue, 
College Park, Georgia 30337; telephone: (404) 474-5575; fax: (404) 474-
5606; email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to Piper Aircraft, Inc. 
Models PA-28-140, PA-28-150, PA-28-160, PA-28-180, PA-28R-180, and PA-
28R-200 airplanes. That NPRM published in the Federal Register on 
August 20, 2013 (78 FR 51121). That NPRM proposed to supersede AD 71-
21-08, Amendment 39-1312 (36 FR 19572, October 8, 1971), by adding 
airplanes to and changing the compliance time of AD 71-21-08 fuel 
selector valve cover replacement requirements.
    Because of the comments received on the NPRM (78 FR 51121, August 
20, 2013), the FAA re-evaluated the data collected on the safety 
concern and concluded that:
     There was evidence of pilot inexperience and an absence of 
fuel selector valve maintenance (in accordance with Piper Service 
Bulletin 355, dated June 5, 1972) in the Piper PA-28-180 crash of 
December 28, 2011; and
     The low frequency of PA-28 series safety events due to the 
inadvertent selection of the ``OFF'' position of fuel selector valves, 
since AD 71-21-08 was published on October 13, 1971, does not warrant 
AD action.
    To mitigate the safety concern from recurring, the FAA may take 
other airworthiness action such as a special airworthiness information 
bulletin (SAIB) to recommend the actions contained in the proposed rule 
and capture the concerns identified by the public during the NPRM (78 
FR 51121, August 20, 2013) comment period.
    Withdrawal of this NPRM (78 FR 51121, August 20, 2013) constitutes 
only such action and does not preclude the agency from issuing future 
rulemaking on this issue, nor does it commit the agency to any course 
of action in the future.

Regulatory Findings

    Since this action only withdraws an NPRM, it is neither a proposed 
nor a final rule and therefore, is not covered under Executive Order 
12866, the Regulatory Flexibility Act, or DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979).

[[Page 36443]]

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Withdrawal

    Accordingly, the notice of proposed rulemaking (NPRM), FAA-2013-
0742, published in the Federal Register on August 20, 2013 (78 FR 
51121), is withdrawn.

    Issued in Kansas City, Missouri, on June 19, 2014.
Timothy Smyth,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-15139 Filed 6-26-14; 8:45 am]
BILLING CODE 4910-13-P