SumpThis: Fuel Contamination in General Aviation Aircraft

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5 March 1993

Mr. James Bamford
ABC News
1717 DeSales Street, N.W.
Washington, D. C. 20036

Dear Mr. Bamford:

Thanks for your interesting and informative conversation on the flight from Denver to San Francisco on Saturday 27 February 1993. It is rare that one meets really interesting people with interesting professions on airplanes. You are a refreshing change.

Your request for more information on my problem with the FAA is enclosed. However, rather than send you a bundle of paper that takes time to peruse, I am sending a calender of events, with some editorial comments, that outlines the situation.

The calender ends with a 2 April 1991 entry. There was one more letter to the FAA dated 11 March 1992 which I am including in its entirety.

If you are interested in continuing with this project, I will gladly send the entire file with copies of our video tapes. I just don't want to take too much of your time at this preliminary stage.

Thank you for your interest. Perhaps you could add the weight of public opinion to this problem and get some action out of the FAA.

Sincerely,

Norman L. Horton

PA-23 Water Retention Calendar with FAA

26 April 1985

First water retention test in San Diego.

May 1985

Malfunction & Defect Report submitted to the FAA in San Diego on above problem. The FAA took no corrective action.

20 June 1985

Letter to the FAA and NTSB about water retention in a number of aircraft that we have tested. those aircraft are:

Cessna 177
Cessna 206
Cessna U206
Cessna T207

Cessna 182
PA-24-250
PA-23-150

No action taken by the FAA....The NTSB responds with a sympathetic letter.

June 11, 1987

Letter to the FAA and NTSB citing internal documents saying the PA-23 complies with the regulations......and a video of our tests showing that it did not comply.

13 July 1987
Letter from FAA to Horton & Wells saying Small Airplane Certification Directorate would reply to our 11 June letter.

3 August 1987 Response to our 11 June letter from NTSB sympathizing....signed by Jim Burnett.

23 Sept. 1987
Letter from the FAA....denies our contention and says that the PA-23 is not dangerous.

16 Oct. 1987

Our letter to FAA, Mr. Bohr, taking the FAA to task because they did not examine an aircraft, but instead they asked Piper if the airplane met certification requirements.

2 Nov. 1987

Letter from the FAA saying our letter was "offensive and inflammatory"...never-the-less, they will continue the investigation. Finally, they will look at an aircraft. They also inserted the word "not" in their previous letter.

14 Dec. 1987

Our response to the FAA....either fix the aircraft so that they comply with the regulations OR change the regulations.

15 Dec. 1987

Letter to Piper with other leters enclosed. NO RESPONSE FROM PIPER.

28 Dec. 1987

Letter from FAA....they are still working on the problem...(2 3/4 years later)

30 Dec. 1987

Letter from NTSB to FAA...Horton & Wells could be correct. Recommended that the FAA conduct a test on a real aircraft....and if necessary, issue an AD.

20 Jan. 1988

Open letter to FAA on who pays to bring aircraft up to certificaion standards if the manufacturer fails to build it that way.

18 Feb. 1988

FAA admits that we are correct...now signed by Barry Clements, Manager of the Aircraft Certificatin Division. Now it is almost 3 years into this problem....and we finally got their attention.

2 March 1988

Our letter to Barry Clements...thanks for agreement.

17 Feb. 1988

Letter from PA-23 owner to the Aviation Consumer which says that the trapped water in each tank is 3½ times the gascolator capacity. (Gascolator holds 3.3 ozs.....i.e. in excess of 11.5 ozs....close to our estimates.)

8 Sept. 1988

Letter from FAA....NPRM published.

6 Nov. 1988

AD 88-21-07 published...keep seals tight, keep filler compartment drain open, inspect fuel filler access cover..... This does not even approach the problem of water in the tank which cannot be discoverd nor eliminated before flight.

21 Dec. 1989

Letter to FAA....historical review of the problem and asking what the FAA proposes to do about it.

24 Jan. 1990

Letter from the FAA....they say that they are interested in the problem and that they have done something about it.

15 Nov. 1989
Another PA-23 water crash at Pembroke, Fla..

10 Dec. 1990

AD 90-23-18 becomes effective. Dual fuel drain kits, SB 827A 4 Nov.88 Wedges under tanks, SB 932A 30 Aug 90 Enlarged filter bowls, SB 932A 30 Aug 90

19 Dec. 1990

AOPA forces FAA to hold AD 90-23-18 in abeyance....eventually cancel it.

24 Jan. 1991

Another PA-23 crash immediately after T.O.

April 2, 1991

Called H. Trammell in the Atlanta FAA office, (404) 991-3810 on the status of the AD to correct this problem. He says that the FAA is going to issue an NPRM asking the owners of PA-23s what to do. Comments due by 1 July 1991.

It is now 6 years into this problem....i.e. 6 years since the FAA has been made aware of the problem and nothing constructive has been done to correct it. The aircraft still does not meet the regulations under which it was certified and the FAA is literally closing their collective eyes about it. The owners who have crashed and are dead cannot make comments about the problem. Owners who are still alive do not want to spend their own money to correct the problem....hence, nothing has been done.

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	PA-23 Water Retention Calendar with FAA

26 April 1985	First water retention test in San Diego.

May 1985	Malfunction & Defect Report submitted to the FAA in San Diego on above problem. The FAA took no corrective action.

20 June 1985	Letter to the FAA and NTSB about water retention in a number of aircraft that we have tested. those aircraft are:
	Cessna 177 Cessna 206 Cessna U206 Cessna T207	Cessna 182 PA-24-250 PA-23-150
	No action taken by the FAA....The NTSB responds with a sympathetic letter.

June 11, 1987	Letter to the FAA and NTSB citing internal documents saying the PA-23 complies with the regulations......and a video of our tests showing that it did not comply.

13 July 1987	Letter from FAA to Horton & Wells saying Small Airplane Certification Directorate would reply to our 11 June letter.

3 August 1987	Response to our 11 June letter from NTSB sympathizing....signed by Jim Burnett.

23 Sept. 1987	Letter from the FAA....denies our contention and says that the PA-23 is not dangerous.

16 Oct. 1987	Our letter to FAA, Mr. Bohr, taking the FAA to task because they did not examine an aircraft, but instead they asked Piper if the airplane met certification requirements.

2 Nov. 1987	Letter from the FAA saying our letter was "offensive and inflammatory"...never-the-less, they will continue the investigation. Finally, they will look at an aircraft. They also inserted the word "not" in their previous letter.

14 Dec. 1987	Our response to the FAA....either fix the aircraft so that they comply with the regulations OR change the regulations.

15 Dec. 1987	Letter to Piper with other leters enclosed. NO RESPONSE FROM PIPER.

28 Dec. 1987	Letter from FAA....they are still working on the problem...(2 3/4 years later)

30 Dec. 1987	Letter from NTSB to FAA...Horton & Wells could be correct. Recommended that the FAA conduct a test on a real aircraft....and if necessary, issue an AD.

20 Jan. 1988	Open letter to FAA on who pays to bring aircraft up to certificaion standards if the manufacturer fails to build it that way.

18 Feb. 1988	FAA admits that we are correct...now signed by Barry Clements, Manager of the Aircraft Certificatin Division. Now it is almost 3 years into this problem....and we finally got their attention.

2 March 1988	Our letter to Barry Clements...thanks for agreement.

17 Feb. 1988	Letter from PA-23 owner to the Aviation Consumer which says that the trapped water in each tank is 3½ times the gascolator capacity. (Gascolator holds 3.3 ozs.....i.e. in excess of 11.5 ozs....close to our estimates.)

8 Sept. 1988	Letter from FAA....NPRM published.

6 Nov. 1988	AD 88-21-07 published...keep seals tight, keep filler compartment drain open, inspect fuel filler access cover..... This does not even approach the problem of water in the tank which cannot be discoverd nor eliminated before flight.

21 Dec. 1989	Letter to FAA....historical review of the problem and asking what the FAA proposes to do about it.

24 Jan. 1990	Letter from the FAA....they say that they are interested in the problem and that they have done something about it.

15 Nov. 1989	Another PA-23 water crash at Pembroke, Fla..

10 Dec. 1990	AD 90-23-18 becomes effective. Dual fuel drain kits, SB 827A 4 Nov.88 Wedges under tanks, SB 932A 30 Aug 90 Enlarged filter bowls, SB 932A 30 Aug 90

19 Dec. 1990	AOPA forces FAA to hold AD 90-23-18 in abeyance....eventually cancel it.

24 Jan. 1991	Another PA-23 crash immediately after T.O.

April 2, 1991	Called H. Trammell in the Atlanta FAA office, (404) 991-3810 on the status of the AD to correct this problem. He says that the FAA is going to issue an NPRM asking the owners of PA-23s what to do. Comments due by 1 July 1991.
	It is now 6 years into this problem....i.e. 6 years since the FAA has been made aware of the problem and nothing constructive has been done to correct it. The aircraft still does not meet the regulations under which it was certified and the FAA is literally closing their collective eyes about it. The owners who have crashed and are dead cannot make comments about the problem. Owners who are still alive do not want to spend their own money to correct the problem....hence, nothing has been done.