[Federal Register Volume 62, Number 58 (Wednesday, March 26, 1997)]
[Proposed Rules]
[Pages 14373-14375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7687]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 96-NM-31-AD]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 727 and Model 737 Series
Airplanes Equipped With J.C. Carter Company Fuel Valve Actuators
AGENCY: Federal Aviation Administration, DOT.
ACTION: Supplemental notice of proposed rulemaking; reopening of
comment period.
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SUMMARY: This document revises an earlier proposed airworthiness
directive (AD), applicable to certain Boeing Model 727 and Model 737
series airplanes, that would have required replacement of the actuator
of the engine fuel shutoff valve and the fuel system crossfeed valve
with an improved actuator. That proposal was prompted by a report
indicating that, during laboratory tests, the actuator clutch on the
engine fuel shutoff and crossfeed valves failed to function properly.
This action expands the applicability of the proposed rule by including
an additional Kearfott actuator that is subject to the addressed unsafe
condition. The actions specified by this proposed AD are intended to
prevent improper functioning of these actuators, which could result in
a fuel imbalance due to the inability of the flightcrew to crossfeed
fuel; improperly functioning actuators also could prevent the pilot
from shutting off the fuel to the engine following an engine failure
and/or fire.
DATES: Comments must be received by April 14, 1997.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 96-NM-31-AD, 1601 Lind Avenue, SW., Renton,
Washington 98055-4056. Comments may be inspected at this location
between 9:00 a.m. and 3:00 p.m., Monday through Friday, except Federal
holidays.
The service information referenced in the proposed rule may be
obtained from J.C. Carter Company Inc., Aerospace Components and Repair
Service, 673 W. 17th Street, Costa Mesa, California 92627-3605. This
information may be examined at the FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington.
FOR FURTHER INFORMATION CONTACT: Stephen S. Bray, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Transport Airplane Directorate,
Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton,
Washington 98055-4056; telephone (206) 227-2175; fax (206) 227-1181.
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 shall identify the Rules 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 taking action on the
proposed rule. The proposals contained in this notice may be changed in
light of the 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.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this notice must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 96-NM-31-AD.'' The postcard will be date stamped and
returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Transport Airplane Directorate, ANM-103, Attention: Rules
Docket No. 96-NM-31-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
A proposal to amend part 39 of the Federal Aviation Regulations (14
CFR part 39) to add an airworthiness directive (AD), applicable to
certain Boeing Model 727 and 737 series airplanes, was published as a
notice of proposed rulemaking (NPRM) in the Federal Register on March
29, 1996 (61 FR 14034). That NPRM would have required replacement of
the actuator having P/N 40574-5 (Kearfott Model 3715-9) on the fuel
system crossfeed valve and the engine shutoff valves either with a new
actuator having P/N 40574-4, or with an actuator having P/N 40574-2 and
a nameplate. That NPRM was prompted by a report indicating that, during
laboratory tests, the actuator clutch on the engine shutoff and
crossfeed valves failed to function properly. That condition, if not
corrected, could result in improper functioning of these actuators,
which could result in a fuel imbalance due to the inability of the
flightcrew to crossfeed fuel; improperly functioning actuators could
also prevent the pilot from shutting off the fuel to the engine
following an engine failure and/or fire.
Actions Since Issuance of Previous Proposal
Due consideration has been given to the comments received in
response to the NPRM:
Request for Clarification of What Prompted the NPRM
One commenter points out that the description of what prompted the
NPRM that appeared in the Summary section of the preamble to the notice
states that ``during laboratory tests, the actuator clutch on the
engine shutoff valves slipped at cold temperatures due
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to improper functioning.'' The commenter states that, during the
laboratory tests, some of the Kearfott Model 3715-7 actuators exhibited
operational problems (i.e., brush binding) at cold temperatures, but
the Kearfott Models 3715-8 and -9 did not. The commenter also states
that, during these tests, clutch binding occurred on all three of these
Kearfott models; this situation could result in the actuator failing
before its normal life-limit.
The FAA finds that clarification of this point is necessary. The
commenter is correct in pointing out that, during the subject
laboratory tests, brush binding occurred only on the Kearfott Model
3715-7 actuator. However, the FAA finds that the clutch binding
occurred only on the Kearfott Models 3715-8 and -9 actuators during
these tests, and that the design of the Kearfott Model 3715-7 actuator
is subject to clutch binding events like the Kearfott Models 3715-8 and
-9 actuators. In order to generalize these points, the FAA has revised
the Summary and Discussion sections in the preamble to the Supplemental
NPRM to indicate that ``the engine shutoff and crossfeed valves failed
to function properly.''
Request to Revise Discussion Section of the Preamble
The same commenter notes that the Discussion section of the
preamble to the NPRM states that, ``an additional fuel valve actuator
having part number (P/N) 40574-5 (Kearfott Model 3715-9) installed on
certain Model 727 and 737 series airplanes is also subject to the same
failure * * * addressed in AD 95-15-06.'' The commenter states that
this statement is incorrect. However, the commenter makes no specific
request with regard to changing the proposed AD.
The commenter points out that the Kearfott Model 3715-9 actuator
has a clutch binding condition, whereas the J.C. Carter P/N 40574-2
actuator (Electromech Model EM 487-2 and -3), addressed by AD 95-15-06,
amendment 39-9309 (60 FR 37811, July 24, 1995), has a clutch slippage
condition. The commenter also points out that the Electromech Model EM-
487-3 actuator has a condition only apparent during cold temperature
operation, which returns to normal at warmer temperatures. In addition,
the commenter states that the Kearfott Model 3715-9 actuator can result
in a hard failure, not a latent failure like the Electromech Model EM
487-2 and -3 actuator.
The FAA acknowledges that the statement quoted by the commenter
could be misleading. The FAA is aware that the two failures associated
with the clutch on the Kearfott and Electromech actuators are different
in nature; however, both of these failures result in the same unsafe
condition (i.e., improperly functioning actuators could result in fuel
imbalance due to the inability of the flightcrew to crossfeed fuel;
improperly functioning actuators also could prevent the pilot from
shutting off the fuel to the engine following an engine failure and/or
fire). However, since the Discussion section of the preamble to the
originally proposed NPRM is not restated in this supplemental NPRM, no
change to the supplemental NPRM is necessary.
Request to Revise Descriptive Language of the Referenced Service
Bulletin
The same commenter also notes that the description of the
replacement requirements that appeared in the Discussion section of the
preamble to the NPRM refers to ``actuators having P/N 40574-2 (Kearfott
Model 3715-7) with nameplates * * *.'' The commenter states that this
statement is inaccurate since it implies that only actuators
manufactured by Kearfott are acceptable for the subject replacement.
The commenter suggests that actuators made by Kearfott are not
acceptable replacements, and suggests that a more accurate description
would be ``actuators having P/N 40574-2 with nameplates * * *.'' The
FAA acknowledges that the commenter's wording is more accurate.
However, since this portion of the Discussion section of the preamble
to the originally proposed NPRM is not restated in this supplemental
NPRM, no change to the supplemental NPRM is necessary.
Clarification Concerning Acceptable Replacement Actuators
Paragraph (a) of the original NPRM indicates that ``an actuator
having P/N 40574-2 with a nameplate identified in paragraph III,
Material, of J.C. Carter Company Service Bulletin 61163-28-09, dated
September 28, 1995,'' is considered to be an acceptable replacement
part. The FAA points out that paragraph III of the service bulletin
includes a statement indicating that only those actuators with
nameplates reflecting that they were made by certain manufacturers (and
identified as Model 3715-7) are acceptable, except as identified in
Figure 1.0 of the service bulletin. That figure specifies that only
certain actuators that have not been affected by a manufacturer's
recall are considered to be acceptable replacements. The FAA has
revised paragraph (a) of the final rule to clarify this information.
Request to Revise the Replacement Requirements of the Proposed Rule
In addition, the same commenter notes that, in the fifth paragraph
of the Discussion section of the preamble to the NPRM, the FAA
concluded that actuators having P/N 40574-2 (Kearfott Models 3715-7 and
-8) currently are required to be replaced in accordance with AD 95-15-
06; therefore, the proposed AD would require replacement only of
actuators having P/N 40574-5. The commenter points out that Kearfott
Models 3715-7 and -8 actuators are not covered under AD 95-15-06. The
commenter also points out that these Kearfott actuators have the
potential to exhibit the same clutch binding condition as actuators
having P/N 40564-5. Therefore, the commenter requests that Kearfott
Models 3715-7 and -8 actuators be made subject to the requirements of
the proposed rule.
The FAA concurs with the commenter's request. The FAA has reviewed
the applicability of AD 95-15-06 and has determined that only actuators
having P/N 40574-2 (Electromech Model EM-487-3) are subject to the
requirements of that AD. The FAA agrees that actuators having P/N
40574-2 (Kearfott Models 3715-7 and -8) are subject to the requirements
of this proposal. In light of this, the FAA has revised the
applicability and the replacement requirement specified in paragraph
(a) of this supplemental NPRM.
Conclusion
Since this change expands the scope of the originally proposed
rule, the FAA has determined that it is necessary to reopen the comment
period to provide additional opportunity for public comment.
Cost Impact
There are approximately 4,137 Boeing Model 727 and 737 series
airplanes of the affected design in the worldwide fleet. The FAA
estimates that 2,190 airplanes of U.S. registry would be affected by
this proposed AD, that it would take approximately 3 work hours per
airplane to accomplish the proposed actions, and that the average labor
rate is $60 per work hour. Required parts would be supplied by J.C.
Carter Company at no cost to operators. Based on these figures, the
cost impact of the proposed AD on U.S. operators is estimated to be
$394,200, or $180 per airplane.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the proposed requirements of
this AD
[[Page 14375]]
action, and that no operator would accomplish those actions in the
future if this AD were not adopted.
Regulatory Impact
The regulations proposed herein would not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this
proposal would not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this proposed
regulation (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under the 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 is contained in the
Rules 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
part 39 of the Federal Aviation Regulations (14 CFR part 39) as
follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
Boeing: Docket 96-NM-31-AD.
Applicability: Model 727 and Model 737 series airplanes,
equipped with J.C. Carter Company fuel valve actuators having part
number (P/N) 40574-2 (Kearfott Models 3715-7 and -8) or 40574-5
(Kearfott Model 3715-9), certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
otherwise modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (b) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously.
To prevent improper functioning of a certain actuator, which
could result in a fuel imbalance due to the inability of the
flightcrew to crossfeed fuel, or which could prevent the pilot from
shutting off the fuel to the engine following an engine failure and/
or fire, accomplish the following:
(a) Within 36 months after the effective date of this AD,
replace any actuator having P/N 40574-2 (Kearfott Models 3715-7 and
-8) or 40574-5 (Kearfott Model 3715-9) on the fuel system crossfeed
valve and the engine shutoff valves with either a new actuator
having P/N 40574-4, or an actuator having P/N 40574-2 with a
nameplate identified in paragraph III, Material, of J.C. Carter
Company Service Bulletin 61163-28-09, dated September 28, 1995, that
is not affected by a manufacturer's recall (reference Figure 1.0 of
the service bulletin). The replacement shall be done in accordance
with J.C. Carter Company Service Bulletin 61163-28-09, dated
September 28, 1995.
(b) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Seattle Aircraft Certification
Office (ACO), FAA, Transport Airplane Directorate. Operators shall
submit their requests through an appropriate FAA Principal
Maintenance Inspector, who may add comments and then send it to the
Manager, Seattle ACO.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Seattle ACO.
(c) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
Issued in Renton, Washington, on March 20, 1997.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 97-7687 Filed 3-25-97; 8:45 am]
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