[Federal Register Volume 69, Number 196 (Tuesday, October 12, 2004)]
[Proposed Rules]
[Page 60568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22813]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 90-CE-55-AD]
RIN 2120-AA64


Airworthiness Directives; The New Piper Aircraft, Inc. (formerly 
the Piper Aircraft Corporation) Models PA-12, PA-12S, and PA-14 
Airplanes

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 The New Piper Aircraft, Inc. (Piper) 
Models PA-12, PA-12S, and PA-14 airplanes that are equipped with F. 
Atlee Dodge Aircraft Services, Inc., Model 3140 long-range fuel tanks. 
The proposed action would have required removing all Model 3140 fuel 
tanks and restoring the wing panel assemblies to an approved type 
design configuration. Since issuance of the NPRM and after further 
review of all available information, including the comments received on 
the NPRM, the Federal Aviation Administration (FAA) has determined that 
the proposed rule as written should be withdrawn. This withdrawal does 
not prevent the FAA from initiating future rulemaking on this subject.

ADDRESSES: You may look at information related to this action at FAA, 
Central Region, Office of Regional Counsel, Attention: Rules Docket No. 
90-CE-55-AD, 901 Locust, Room 506, Kansas City, Missouri 64106, between 
8 a.m. and 4 p.m., Monday through Friday, except holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Barry Ballenger, Aerospace 
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas 
City, Missouri 64106; telephone: (816) 329-4152; facsimile: (816) 329-
4090; e-mail: <a href="/cdn-cgi/l/email-protection#e7858695959ec985868b8b8289808295a7818686c9808891"><span class="__cf_email__" data-cfemail="1e7c7f6c6c67307c7f72727b70797b6c5e787f7f30797168">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Discussion

    What action has FAA taken to date? We issued a proposal to amend 
part 39 of the Federal Aviation Regulations (14 CFR part 39) to include 
an AD that would apply to certain Piper Models PA-12, PA-12S, and PA-14 
airplanes that are equipped with F. Atlee Dodge Services, Inc. Model 
3140 fuel tanks. This proposal was published in the Federal Register as 
a notice of proposed rulemaking (NPRM) on January 8, 1991 (56 FR 561). 
The action proposed to require removing all F. Atlee Dodge Service, 
Inc. Model 3140 fuel tanks and restoring the wing panel assemblies to 
the configuration defined by the original type design or approved under 
an applicable Supplemental Type Certificate.
    Was the public invited to comment? The FAA invited interested 
persons to participate in the making of this amendment. The numerous 
comments we received fell in the following areas:

--Problems with F. Atlee Dodge Model 3140 fuel tanks.
--The adequacy of the installation procedures and instructions for the 
F. Atlee Dodge Model 3140 fuel tanks.
--The condition of the original tanks.
--The relationship between the Model 3140 fuel tank manufacturer and 
the FAA.
--The cost of the proposed action.
--The contents of the Malfunction and Defect report referenced in the 
NPRM.
--The strength and structural differences between the F. Atlee Dodge 
Model 3140 tanks and the original fuel tanks.
    What is the FAA's final determination on this issue? The FAA 
evaluated all of these comments and all information related to this 
issue and determined that:
    (1) An unsafe condition as defined in part 39 of the Federal 
Aviation Regulations (14 CFR part 39) does not exist on FAA-approved 
field installations of the F. Atlee Dodge Services, Inc. Model 3140 
fuel tanks on Piper Models PA-12, PA-12S, and PA-14 airplanes; and
    (2) The NPRM as currently written should be withdrawn.
    Withdrawal of this NPRM 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 Impact

    Does this AD involve a significant rule or regulatory action? 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).

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation Safety, Safety.

The Withdrawal

    Accordingly, the notice of proposed rulemaking, Docket No. 90-CE-
55-AD, published in the Federal Register on January 8, 1991 (56 FR 
561), is withdrawn.

    Issued in Kansas City, Missouri, on October 4, 2004.
Dorenda D. Baker,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 04-22813 Filed 10-8-04; 8:45 am]
BILLING CODE 4910-13-U


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