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Excerpt taken from pages19804 and 19805 of the Federal Register / Vol. 53, No. 104 / Tuesday, May 31, 1988 / Proposed Rules.

19804 Federal Register / Vol. 53, No. 104 / Tuesday, May 31, 1988 / Proposed Rules

14 CFR Part 39

[Docket No. 88-CE-13-AD]

Airworthiness Directives; Piper Models PA-23, PA23-160, PA-23-250, PA-23-235, PA-E23-250 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of Proposed Rulemaking (NPRM).

________________________________________________________________________

SUMMARY: This Notice proposes to adopt a new Airworthiness Directive (AD), applicable to all Piper PA-23 Series airplanes, which would require periodic inspection and repair, as required, of the fuel vent/drain lines, the thermos type fuel cell caps, and the fuel filler compartment covers. Incidents of engine power loss and accidents due to water contamination of the fuel system caused by defective fuel filler caps and blocked fuel cell vent/drain lines, have occurred on these airplanes. The prescribed action would reduce the possibility of water contamination in the fuel system and resultant engine stoppage due to these conditions.

DATE: Comments must be received on or before August 1, 1988.

ADDRESSES: Piper Aircraft Corporation Service Bulletin No. 340, dated May 24, 1971, applicable to this AD may be obtained from Piper Aircraft Corporation, 2926 Piper Drive, Vero Beach, Florida 32960; Telephone (305) 567-4366. This information also may be examined at the Rules Docket at the address below. Send comments on the proposal in triplicate to Federal Aviation Administration, Central Region, Office of the Regional Counsel, Attention: Rules Docket No. 88-CE-13-AD, Room 1558, 601 East 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.

FOR FURTHER INFORMATION CONTACT: Mr. Robert R. Goodall, Aerospace Engineer, Propulsion Branch, ACE-140A, Atlanta Aircraft Certification Office, FAA, 1669 Phoenix Parkway, Suite 210C, Atlanta, Georgia 30349; Telephone (404) 991-3810.

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 regulatory docket or notice 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 by the Director before taking action on the proposed rule. The proposals contained in this notice may be changed in the light of 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 summarizing each FAA public contact concerned with the substance of this proposal will be filed in the Rules Docket.

Availability of NPRMs

Any person may obtain a copy of this Notice of Proposed Rulemaking (NPRM) by submitting a request to the Federal Aviation Administration, Central Region, Office of the Regional Counsel, Attention: Rules Docket No. 88-CE-13-AD, Room 1558, 601 East 12th Street, Kansas City, Missouri 64106.

Discussion

The National Transportation Safety Board (NTSB) has reported that since 1975, Piper Model PA-23 Apache airplanes have been involved in fourteen accidents and a Piper Model PA-23 Aztex airplane has been involved in one accident, all of which occurred after water in the fuel system led to engine stoppage. Apache airplanes have been in twenty-three other accidents and Aztec airplanes in seventeen other accidents all involving engine stoppage wherein the reason for engine stoppage was not determined but may have been caused by water in the fuel. At least twenty-two fatalities and four serious injuries resulted from these accidents. Investigation has revealed that due to the recessed design of the fuel filler compartments, blocked fuel cell vent/drain lines will allow water to collect in the fuel filler compartment and that defective fuel cap seals will allow water

19805 Federal Register / Vol. 53, No. 104 / Tuesday, May 31, 1988 / Proposed Rules

to enter the fuel cell. Once water gets into the fuel cell, it is very difficult to remove it on the ground. On May 24, 1971, Piper Aircraft Corporation released Service Bulletin No. 340 entitled "Fuel Cell Vent/Drain Lines Inspection" which recommended periodic inspection procedures for the fuel cell caps and fuel filler compartment access covers. These periodic inspections were intended to reduce the possibility of precipitation and/or wash water from entering the fuel filler compartment and leaking into the fuel cell. However, in light of the number of accidents involving water in the fuel system, the FAA has determined that in many instances these inspections are not being performed and consequently, should be made mandatory. Accordingly, an AD is being proposed, applicable to all Piper PA-23 series airplanes, which would require compliance with the periodic inspections specified in Piper Service Bulletin No. 340 regardless of whether or not they have anti-icing fuel cell vents installed. Due to the nature of the problem, the FAA has determined that this inspection should be based on calendar time instead of operating hours as described in Piper Service Bulletin No. 340.

Since the condition described is likely to exist or develop in other Piper Model PA-23 airplanes of the same design, the proposed AD would required inspection of the fuel vent/drain lines to ensure they are not obstructed or deteriorated, and inspection of the thermos type fuel cell caps and fuel filler compartment access covers for sealing integrity.

The FAA has determined there are approximately 7,000 airplanes affected by the proposed AD. The cost of implementing the proposed AD is estimated to be $50 per airplane per inspection. The total cost is estimated to be $3,150,000 to the private sector over the anticipated life of the airplane fleet. The cost of complying with the proposal would not have a significant financial impact on any small entities owning affected airplanes.

The regulations set forth in this notice would be promulgated pursuant to authority in the Federal Aviation Act of 1958, as amended (49 U.S.C. 1301, et seq.), which statute is construed to preempt State law regulating the same subject. Thus, in accordance with Executive Order 12612, it is determined that such regulation does not have federalism implications warranting the preparation of a Federalism Assessment.

Therefore, I certify that this action (1) is not a "major rule" under the provisions of Executive Order 12291; (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 public 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 § 39.13 of Part 39 of the FAR as follows:

PART 39-(AMENDED)

1. The authority citation for Part 39 continues to read as follows:

Authority: 49 U.S.C. 1354(a), 1421 and 1423; 49 U.S.C. 106(g) (Revised, Pub. L. 97-449, January 12, 1983; and 14 CFR 11.89.

§ 39.13 [Amended]

2. By adding the following new AD:

Piper: Applies to all Model PA-23, PA-23-160, PA-23-250, PA-E23-250 and PA-23-235 (all serial numbers) airplanes certificated in any category.

Compliance: Required within the next 60 days after the effective date of this AD and at intervals not to exceed 12 calendar months thereafter unless already accomplished.

To reduce the possibility of precipitation and/or wash water from entering the fuel filler compartment and leaking into the fuel cell resulting in engine failure, accomplish the following:

(a) Inspect the fuel vent/drain lines, the thermos type fuel cell caps, and the fuel filler compartment covers on both main fuel cell systems and, if installed, both auxiliary fuel cell systems in accordance with the instruction in Piper Service Bulletin No. 340, dated May 24,1971.

(b) If any defects are found, correct them before further flight.

(c) Airplanes may be flown in accordance with FAR 21.197 to a location where this AD may be accomplished.

(d) An equivalent means of compliance with this AD may be used if approved by the Manager, Atlanta Aircraft Certification Office, ACE-115A, Federal Aviation Administration, 1669 Phoenix Parkway, Suite 210C, Atlanta, Georgia 30349.

All persons affected by this directive may obtain copies of the document(s) referred to herein upon request to Piper Aircraft Corporation, 2926 Piper Drive, Vero Beach, Florida 32960; or may examine these documents at the FAA, Office of the Regional Counsel, Room 1558, 601 East 12th Street, Kansas City, Missouri 64106.

Issued in Kansas City, Missouri, on May 17, 1988.

Paul K. Bohr, Director, Central Region. [FR Doc. 88-12069 Filed 5-27-88; 8:45 am] BILLING CODE 4910-13-M

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