[Federal Register Volume 61, Number 62 (Friday, March 29, 1996)]
[Proposed Rules]
[Pages 14034-14035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7663]



 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 61, No. 62 / Friday, March 29, 1996 / 
Proposed Rules  

[[Page 14034]]


DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96-NM-31-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: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain Boeing Model 727 and Model 
737 series airplanes. This proposal would require replacement of the 
actuator of the engine fuel shutoff valve and the fuel system crossfeed 
valve with an improved actuator. This proposal is prompted by a report 
indicating that, during laboratory tests, the actuator clutch on the 
engine shutoff and crossfeed valves slipped at cold temperatures due to 
improper functioning. The actions specified by the 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 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 6, 1996.

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) 227-2681; 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 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

    On July 7, 1995, the FAA issued AD 95-15-06, amendment 39-9309 (60 
FR 37811, July 24, 1995), applicable to certain Boeing Model 727 and 
Model 737 series airplanes, to require replacement of the actuator of 
the engine fuel shutoff valve and the fuel system crossfeed valve with 
an improved actuator. That action was 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 requirements of that 
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 could 
also prevent the pilot from shutting off the fuel to the engine 
following an engine failure and/or fire.
    Since issuance of that AD, the FAA has received a report indicating 
that an additional fuel valve actuator having part number (P/N) 40574-5 
(Kearfott Model 3715-9) installed on certain Model 727 and Model 737 
series airplanes is also subject to the same failure. Therefore, the 
FAA has determined that this additional actuator is subject to the same 
unsafe condition addressed in AD 95-15-06.
    The FAA has reviewed and approved J.C. Carter Company Service 
Bulletin 61163-28-09, dated September 28, 1995. The service bulletin 
describes procedures for replacement of actuators having P/N 40574-5 
(Kearfott Model 3715-9) and P/N 40574-2 (Kearfott Model 3715-7 and 
3715-8) on the fuel system crossfeed valve and the engine shutoff 
valves. These actuators are replaced with new actuators having P/N 
40574-4; or with actuators having P/N 40574-2 (Kearfott Model 3715-7) 
with nameplates indicating that they were manufactured by General 
Design, Midland Ross, Janitrol Aero Division, or FL Aerospace/General 
Design (except FL Aerospace/General Design serial numbers 0001 through 
0200, inclusive).
    Since an unsafe condition has been identified that is likely to 
exist or develop on other products of this same type design, the 
proposed AD would require replacement of the actuator having P/N 40574-
5 (Kearfott Model 3715-9) on the fuel system crossfeed valve and the 
engine shutoff valves

[[Page 14035]]
either with a new actuator having P/N 40574-4, or with an actuator 
having P/N 40574-2 and an appropriate nameplate. The actions would be 
required to be accomplished in accordance with the service bulletin 
described previously.
    Operators should note that, although the service bulletin specifies 
replacement of actuators having P/N 40574-5 (Kearfott Model 3715-9) and 
P/N 40574-2 (Kearfott Model 3715-7 and 3715-8), this proposed AD would 
require replacement of only P/N 40574-5. Actuators having P/N 40574-2 
currently are required to be replaced in accordance with AD 95-15-06.

    [Note: The FAA's normal policy is that when an AD requires a 
substantive change, such as a change (expansion) in its 
applicability, the ``old'' AD is superseded by removing it from the 
system and a new AD is added. In the case of this AD action, the FAA 
normally would have proposed superseding AD 95-15-06 to expand its 
applicability to include the J.C. Carter Company fuel valve actuator 
having P/N 40574-5 as an additional affected actuator. However, in 
reconsideration of the entire fleet size that would be affected by a 
supersedure action, and the consequent workload associated with 
revising maintenance record entries, the FAA has determined that a 
less burdensome approach is to issue a separate AD applicable only 
to the additional actuator. This AD does not supersede AD 95-15-06; 
airplanes listed in the applicability of AD 95-15-06 are required to 
continue to comply with the requirements of that AD. This proposed 
AD is a separate AD action, and is applicable only to airplanes 
equipped with J.C. Carter Company fuel valve actuator having P/N 
40574-5.]

    There are approximately 4,137 Boeing 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 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 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 
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: All Model 727 and Model 737 series airplanes; 
equipped with J.C. Carter Company fuel valve actuator having part 
number (P/N) 40574-5; 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 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 the actuator having P/N 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. 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 25, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-7663 Filed 3-28-96; 8:45 am]
BILLING CODE 4910-13-P