[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