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Excerpt taken from pages18788 and 18789 of the Federal Register / Vol. 56, No. 79 / Wednesday, April 24, 1991 / Proposed Rules.

18788 Federal Register / Vol. 56, No. 79 / Wednesday, April 24, 1991 / Proposed Rules

14 CFR Part 39

(Docket No. 90-CE-19-AD)

Airworthiness Directives; Piper Models PA23, PA23-150, PA23-160, PA23-235, PA23-250, and PA23-250(6) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Advance notice of propose rulemaking (ANPRM).

________________________________________________________________________

SUMMARY: Numerous comments received from owners of Piper PA23 series airplanes prompted the FAA to suspend the effectiveness of Airworthiness Directive (AD) 90-23-18 on December 13, 1990. The purpose of this advance notice of proposed rulemaking is to seek comments from interested persons regarding the best action (if any) to be taken in order to correct the potential water-in-the-fuel problem. All comments and recommendations, including those that have been received to date, will be evaluated by the FAA to determine if further rulemaking (if any) will be required.

DATES: Comments must be received on or before July 1, 1991.

ADDRESSES: Send comments on the proposal in triplicate to the FAA, Central Region, Office of the Assistant Chief Counsel, Attention: Rules Docket No. 90-CE-19-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. Information related to this notice can be examined at the address above.

FOR FURTHER INFORMATION CONTACT: W.H. Trammell, Aerospace Engineer, Propulsion Branch, Atlanta Aircraft Certification Office, 1669 Phoenix Parkway, Suite 210C, Atlanta, Georgia 30349; Telephone (404) 991-3810.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to participated in the making of the proposed rule by submitting such

18789 Federal Register / Vol. 56, No. 79 / Wednesday, April 24, 1991 / Proposed Rules

written dates, views, or arguments as they may desire. Communications should identify the regulatory 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 any other action is taken. 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. After consideration of the available data and comments, further rulemaking action will be taken if it is determined that it is in the public interest to proceed with regulatory action.

Availability of ANPRMs

Any person may obtain a copy of this ANPRM by submitting a request to the FAA, Central Region, Office of the Assistant Chief Counsel, Attention: Rules Docket No. 90-CE-19-AD, room 1558, 601 E. 12th Street, Kansas City, Missouri 64106

Discussion

There have been 14 accidents since 1975 involving Piper PA23 series airplanes were water in the fuel caused engine stoppage on the affected airplanes. The FAA determined that it is possible to trap fluid, specifically water, in excess of the capacity of the fuel strainer because of a low spot in the aft inboard corner of the main fuel tanks. A National Transportation Safety Board (NTSB) safety recommendation pertaining to the water-in-the-fuel problem on Piper PA23 series airplanes prompted the FAA to more fully evaluate this condition and take rulemaking action. A notice of proposed rulemaking (NPRM) was published in the Federal Register on June 4, 1990 (55 FR 22802). The proposed AD would have provided new preflight fuel system drainage procedures and required fuel system modifications on Piper PA23 series airplanes in accordance with Piper Service Bulletin (SB) No. 827A dated November 4, 1988, and Piper SB No. 932, dated January 12, 1990.

Interested persons were afforded an opportunity to participate in the making of the amendment. Four comments were received on the proposed AD. The FAA evaluated each of the comments and determined that final AD action should be taken. Airworthiness Directive (AD) 90-23-18, Amendment 39-6782, was published in the Federal Register on November 7, 1990 (55 FR 46787) with an effective date of December 10, 1990. Since issuing AD 90-23-18, the FAA discovered that there was an error in the AD in that it required both the installation and the dual fuel drain kits and a revised fuel system draining procedure in accordance with Piper SB No. 827A. The AD should only have required one of these two alternative actions. In addition, the Aircraft Owners and Pilots Association (AOPA) petitioned the FAA to withdraw this AD because, in its judgement (and that of many of the airplane owners), the water-in-the-fuel problem was caused by poor maintenance rather than an inadequate design. From the evidence presented by the owners and the AOPA, the probable cause of large quantities of water entering the fuel cells is because of poorly maintained fuel filler caps and doors. The FAA has previously addressed this problem through AD 88-21-07.

The FAA re-examined its position on this AD and suspended the effectiveness of AD 90-23-18 on December 13, 1990 (55 FR 51276). Since this suspension over 50 comments from the owners of Piper PA23 series airplanes have been received. Several of these commenters stated that it is not possible to glue the wedge kits in the fuel tanks in accordance with the procedures contained in Piper SB No. 932A, dated August 30, 1990, without removing the fuel tanks from the airplane. The FAA reviewed this procedure with the Piper Aircraft Corporation. The Airplane manufacturer confirmed that the procedures contained in Piper SB 932A could be accomplished.

The FAA is issuing this advance notice of proposed rulemaking (ANPRM) to provide an opportunity for the general public to participate in the decision whether to initiate further rulemaking. Interested persons are encouraged to provide information that describes what they consider the best action (if any) to be taken to correct this problem. In this regard, the FAA is especially interested in comments and viewpoints on the following:

1. If you have experienced water in the fuel, was a determination made as to where the water came from, e.g., bad fuel, bad fuel filler cap, etc.? If so, please explain.

2. If you installed the wedge kits in accordance with Piper SB No. 932A, were you able to install the wedges without removing the fuel bladders from the airplane? Did you experience any other problems when installing the wedge kits?

3. When complying with AD86-21-07, at what intervals has it been necessary to replace the fuel filler caps and door seals.

4. Do you find that complying with AD 86-21-07 is effective in keeping the water out of the fuel?

5. Did you comply with Piper Service Bulletin No. 340 when it was first issued in 1971?

6. Please provide any other comments to your ideas or opinions on possible rulemaking in this area.

Issued in Kansas City, Missouri, on April 8, 1991.

J. Robert Ball, Acting Manager, Small Airplanes Directorate, Aircraft Certification Service.

[FR Doc. 91-9589 Filed 4-23-91; 8:45 am]

Billing Code: 4910-13-M

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