[Federal Register Volume 60, Number 141 (Monday, July 24, 1995)]
[Rules and Regulations]
[Pages 37811-37813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17159]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 94-NM-177-AD; Amendment 39-9309; AD 95-15-06]
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: Final rule.
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SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain Boeing Model 727 and Model 737 series airplanes,
that requires replacement of the actuator of the engine fuel shutoff
valve and the fuel system crossfeed valve with an improved actuator.
This amendment is prompted by reports indicating that, during
laboratory tests on Model 737 series airplanes, the actuator clutch on
the engine shutoff and crossfeed valves slipped at cold temperatures
due to improper functioning. The actions specified by this 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: Effective August 23, 1995. The incorporation by reference of
certain publications listed in the regulations is approved by the
Director of the Federal Register as of August 23, 1995.
[[Page 37812]]
ADDRESSES: The service information referenced in this AD may be
obtained from Boeing Commercial Airplane Group, P.O. Box 3707, Seattle,
Washington 98124-2207. This information may be examined at the Federal
Aviation Administration (FAA), Transport Airplane Directorate, Rules
Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of
the Federal Register, 800 North Capitol Street NW., suite 700,
Washington, DC.
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) 227-2681; fax (206) 227-1181.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to certain Boeing Model 727 and Model
737 series airplanes was published as a supplemental notice of proposed
rulemaking (NPRM) in the Federal Register on March 30, 1995 (60 FR
16388). That action proposed to require replacement of the actuator of
the engine fuel shutoff valve and the fuel system crossfeed valve with
an improved actuator.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
One commenter supports the proposed rule.
One commenter notes that the description of what prompted the
proposal that appeared in the Summary and Discussion sections of the
preamble to the notice refers to ``during ground acceptance tests.''
This commenter states that the problem has only been seen ``during
laboratory tests;'' therefore, this commenter suggests that the
proposal be revised accordingly. The FAA acknowledges that the
commenter's wording is more accurate. The pertinent wording in the
preamble to the final rule has been revised to reflect this change.
This same commenter requests that the FAA revise paragraph (a) of
the proposed rule to reference part number 3715-7 by General Design in
addition to P/N 40574-4 as an alternative method of compliance. The FAA
does not concur, since the commenter provided no design or service
history data for this particular actuator. However, paragraph (b) of
this AD allows an operator to elect to provide such data in a request
for an alternative method of compliance with the rule.
Furthermore, this same commenter requests that the applicability of
the proposal be revised to only reflect the vendor of the parts, J.C.
Carter, instead of Boeing. This commenter contends that the primary
responsibility for tracking AD incorporation should be with the vendor,
since airplane effectivity is not identified in either the NPRM or in
J.C. Carter Service Bulletin 61163-28-08, dated December 2, 1994. The
FAA does not concur. The FAA's general policy is that, when an unsafe
condition results from the installation of an appliance or other item
that is installed in only certain makes and models of aircraft, the AD
is issued so that it is applicable to the aircraft, rather than the
item. The FAA finds that making the AD applicable to the airplane model
on which the item is installed ensures that operators of those
airplanes will be notified directly of the unsafe condition and the
action required to correct it. While it is assumed that an operator
will know the models of airplanes that it operates, there is a
potential that the operator will not know or be aware of specific items
that are installed on its airplanes. Therefore, calling out the
airplane model as the subject of the AD prevents ``unknowing non-
compliance'' on the part of the operator. The FAA recognizes that there
are situations when an unsafe condition exists in an item that is
installed in many aircraft; in fact, many times, the exact models and
numbers of aircraft on which the item is installed may not be known.
Therefore, in those situations, the AD is issued so that it is
applicable to the item; furthermore, those AD's usually indicate that
the item is known to be installed on, but not limited to, various
aircraft models.
Several commenters request that the compliance time for
accomplishment of the replacement be extended from the proposed 24
months to 36 months. These commenters state that such an extension will
allow operators to accomplish the replacement during a regularly
scheduled heavy maintenance visit. One of these commenters states that
it would have to procure additional parts, and would need to special
schedule its fleet of airplanes to accomplish this replacement within
the proposed compliance time. This would entail considerable expense
over what was estimated in the FAA's cost impact analysis. This
commenter indicates that a compliance time of 36 months would allow the
replacement to be accomplished during regularly scheduled maintenance,
thereby eliminating any additional expenses. The FAA concurs. The FAA
finds that extending the compliance time to 36 months will not
adversely affect safety, and will allow the replacement to be performed
using modified parts rather than newly purchased parts. Paragraph (a)
of the final rule has been revised to specify a compliance time of 36
months.
After careful review of the available data, including the comments
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule with the changes previously
described. The FAA has determined that these changes will neither
increase the economic burden on any operator nor increase the scope of
the AD.
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 will be affected by
this AD, that it will take approximately 3 work hours per airplane to
accomplish the required actions, and that the average labor rate is $60
per work hour. Required parts will be supplied by J.C. Carter Company
at no cost to the operators. Based on these figures, the total cost
impact of the 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
requirements of this AD action, and that no operator would accomplish
those actions in the future if this AD were not adopted.
The regulations adopted herein will 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 final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and (3) 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 final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules
[[Page 37813]]
Docket at the location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends 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:
95-15-06 Boeing: Amendment 39-9309. 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) of this AD 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 36 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.
(d) The replacement shall be done in accordance with J.C. Carter
Company Service Bulletin 61163-28-08, dated December 2, 1994. This
incorporation by reference was approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Copies may be obtained from Boeing Commercial Airplane Group,
P.O. Box 3707, Seattle, Washington 98124-2207. Copies may be
inspected at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington; or at the Office of the Federal
Register, 800 North Capitol Street NW., suite 700, Washington, DC.
(e) This amendment becomes effective on August 23, 1995.
Issued in Renton, Washington, on July 7, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 95-17159 Filed 7-21-95; 8:45 am]
BILLING CODE 4910-13-U
