[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

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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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