[Federal Register Volume 60, Number 61 (Thursday, March 30, 1995)]
[Proposed Rules]
[Pages 16388-16390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7779]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 94-NM-177-AD]
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 reports
indicating that, during ground acceptance tests on Model 737 series
airplanes, the actuator clutch on the engine shutoff and
[[Page 16389]] crossfeed valves slipped at cold temperatures due to
improper functioning. This action revises the proposed rule by
expanding the applicability to include an additional actuator. 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 flight crew 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.
DATES: Comments must be received by May 1, 1995.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 94-NM-177-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 Boeing Commercial Airplane Group, P.O. Box 3707, Seattle,
Washington 98124-2207. 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-141S, FAA, Transport Airplane Directorate,
Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton,
Washington 98055-4056; telephone (206) 227-2681; 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 94-NM-177-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. 94-NM-177-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 Model 737 series airplanes, was published
as a notice of proposed rulemaking (NPRM) in the Federal Register on
December 15, 1994 (59 FR 64628). That NPRM would have required
replacement of the actuator of the engine fuel shutoff valve and the
fuel system crossfeed valve with a new actuator. That NPRM was prompted
by reports indicating that, during ground acceptance tests on Model 737
series airplanes, the actuator clutch on the engine shutoff and
crossfeed valves slipped at cold temperatures when the engine shutoff
valve was commanded to either the ``close'' or ``open'' position.
Improper functioning of these actuators, if not corrected, could result
in a fuel imbalance due to the inability of the flightcrew to crossfeed
fuel, or could prevent the pilot from shutting off the fuel to the
engine following an engine failure and/or fire.
Since the issuance of that NPRM, the FAA has received a report
indicating that additional fuel valve actuators (Model EM487-2, serial
numbers 0001 through 1443 inclusive) installed on certain Model 727 and
Model 737 series airplanes are also subject to the same failure. The
FAA has determined that these additional actuators are subject to the
addressed unsafe condition.
The FAA has reviewed and approved a later version of J. C. Carter
Company Service Bulletin 61163-28-08, dated December 2, 1994. J. C.
Carter Company Service Bulletin 61163-28-08, dated September 1, 1994,
was cited in the NPRM as the appropriate source of service information.
The replacement procedures described in the later version of the
service bulletin are identical to those described in the earlier
version of the service bulletin. However, the later version expands the
effectivity listing to include additional actuators. The applicability
and paragraph (e) of the supplemental NPRM have been revised to
reference the later version of the service bulletin.
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.
As a result of recent communications with the Air Transport
Association (ATA) of America, the FAA has learned that, in general,
some operators may misunderstand the legal effect of AD's on airplanes
that are identified in the applicability provision of the AD, but that
have been altered or repaired in the area addressed by the AD. The FAA
points out that all airplanes identified in the applicability provision
of an AD are legally subject to the AD. If an airplane has been altered
or repaired in the affected area in such a way as to affect compliance
with the AD, the owner or operator is required to obtain FAA approval
for an alternative method of compliance with the AD, in accordance with
the paragraph of each AD that provides for such approvals. A note has
been included in this notice to clarify this long standing requirement.
There are approximately 4,137 Model 727 and Model 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 the operators. Based on these figures, the
total cost impact of the proposed AD on U.S. operators is estimated to
be $394,200, or $180 per airplane.
The total cost impact figure discussed above is based on
assumptions that no operator has yet accomplished any of the proposed
requirements of this AD action, and that no operator would accomplish
those actions in the future if this AD were not adopted.
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
[[Page 16390]] 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. App. 1354(a), 1421 and 1423; 49 U.S.C.
106(g); and 14 CFR 11.89.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
Boeing: Docket 94-NM-177-AD.
Applicability: Model 727 and Model 737 series airplanes;
equipped with J.C. Carter Company fuel valve actuators, as listed in
J.C. Carter Company Service Bulletin 61163-28-08, dated December 2,
1994, certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
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 use the authority
provided in paragraph (b) to request approval from the FAA. This
approval may address either no action, if the current configuration
eliminates the unsafe condition; or different actions necessary to
address the unsafe condition described in this AD. Such a request
should include an assessment of the effect of the changed
configuration on the unsafe condition addressed by this AD. In no
case does the presence of any modification, alteration, or repair
remove any airplane from the applicability of this AD.
Compliance: Required as indicated, unless accomplished
previously.
To prevent improper functioning of certain actuators, 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 24 months after the effective date of this AD,
replace the actuator having part number (P/N) 40574-2 (Model EM487-
2, serial numbers 0001 through 1443 inclusive; and Model EM487-3,
serial numbers 0001 through 2711 inclusive), on the fuel system
crossfeed valve and the engine shutoff valves with a new actuator
having P/N 40574-4, in accordance with the Accomplishment
Instructions of J.C. Carter Company Service Bulletin 61163-28-08,
dated December 2, 1994.
(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 24, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 95-7779 Filed 3-29-95; 8:45 am]
BILLING CODE 4910-13-U
