[Federal Register Volume 87, Number 209 (Monday, October 31, 2022)]
[Proposed Rules]
[Pages 65534-65535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23170]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[FAA Rules Docket No. 95-CE-35-AD]
RIN 2120-AA64


Airworthiness Directives; Piper Aircraft, Inc. (Type Certificate 
Previously Held by The New Piper Aircraft Inc. and Piper Aircraft 
Corporation) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Proposed rule; withdrawal.

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SUMMARY: The FAA is withdrawing a notice of proposed rulemaking (NPRM) 
and supplemental notice of proposed rulemaking (SNPRM) that proposed to 
supersede Airworthiness Directive (AD) 92-13-04 for certain Piper 
Aircraft Corporation (now Piper Aircraft, Inc.) (Piper) Model PA-23-150 
(type certificated as PA-23) and PA-23-160 airplanes. AD 92-13-04 
requires preflight water draining procedures for the fuel tanks on the 
affected airplanes. In June 2022, the FAA calculated the quantitative 
risk using current methods, which were not available at the time the 
NPRM and SNPRM were issued. The short- and long-term risk assessment 
calculations establish that an AD for the additional actions and the 
additional airplane models that were proposed to be added in the NPRM 
and SNPRM is not warranted. Accordingly, the NPRM and SNPRM are 
withdrawn.

DATES: As of October 31, 2022, the proposed rules, which published in 
the Federal Register on September 19, 1995 (60 FR 48433), and February 
12, 1998 (63 FR 7085), are withdrawn.

FOR FURTHER INFORMATION CONTACT: Ron Segall, Aviation Safety Engineer, 
Atlanta ACO Branch, FAA, 1701 Columbia Avenue, College Park, GA 30337; 
phone: (404) 474-5541; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued an NPRM that proposed to amend part 39 of the 
Federal Aviation Regulations (14 CFR part 39) to supersede AD 92-13-04, 
Amendment 39-8274 (57 FR 24938; June 12, 1992) (AD 92-13-04), which 
applies to certain serial-numbered Piper Model PA-23-150 (type 
certificated as PA-23) and PA-23-160 airplanes. The NPRM published in 
the Federal Register on September 19, 1995 (60 FR 48433). The FAA 
subsequently issued an SNPRM, which published in the Federal Register 
on February 12, 1998 (63 FR 7085).
    The NPRM proposed to:
     Add certain Model PA-23, PA-23-235, and PA-23-250 
airplanes to the applicability;
     Retain the preflight draining procedures required by AD 
92-13-04 to require incorporating pilots' operating handbook (POH) 
revisions for Piper Model 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 
Service Bulletin (SB) No. 827A, dated November 4, 1988 (Piper SB No. 
827A);
     Require installation of external fuel ramp assemblies on 
all the affected airplanes in accordance with Floats and Fuel Cells 
Engineering Specification 2810-002, Revision A, dated March 21, 1995; 
and
     Delay the compliance for airplanes with Piper Fuel Tank 
Wedge Kit, P/N 599-367, incorporated in accordance with Piper SB 932A, 
dated August 30, 1990, until a new fuel tank is installed.
    The SNPRM proposed minor changes to the NPRM and was issued as an 
SNPRM based on the amount of time between the NPRM and the SNPRM.

Actions Since the SNPRM Was Issued

    In June 2022, the FAA calculated the quantitative risk of a failure 
using the current method of assessing risk. This method used, along 
with the breadth of data that the FAA current has, was not available in 
1995/1998 and is the quantitative standard the FAA's continued 
operational safety community uses to currently assess risk. The FAA 
risk assessment estimated the future risk of water-in-the-fuel within a 
one-year period (short-term) and over the next 20 years (long-term) for 
all Piper PA-23 airplanes, from the first year of operation (1955) to 
present day (2022). All probable or contributable reported

[[Page 65535]]

incidents attributed to water-in-the-fuel that were reported were 
considered. The short- and long-term risk assessment calculations 
establish that an AD for the additional actions and the additional 
airplane models that were proposed to be added in the NPRM and SNPRM is 
not warranted. Accordingly, the NPRM and SNPRM are to be withdrawn.
    The FAA will continue to monitor this situation and take 
appropriate action as required.
    Withdrawal of the NPRM and SNPRM 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 and SNPRM, it is neither a 
proposed AD nor a final rule and therefore, not covered under Executive 
Order 12866 or the Regulatory Flexibility Act.

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, which published in 
the Federal Register on September 19, 1995 (60 FR 48433), and the 
supplemental notice of proposed rulemaking, which published in the 
Federal Register on February 12, 1998 (63 FR 7085), are withdrawn.

    Issued on October 20, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-23170 Filed 10-28-22; 8:45 am]
BILLING CODE 4910-13-P


