[Federal Register Volume 66, Number 163 (Wednesday, August 22, 2001)]
[Rules and Regulations]
[Pages 44027-44030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21010]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-CE-26-AD; Amendment 39-12404; AD 2001-17-13]
RIN 2120-AA64


Airworthiness Directives; JanAero Devices Part Number (P/N) 
14D11, A14D11, B14D11, C14D11, 23D04, A23D04, B23D04, and C23D04 Fuel 
Regulator Shutoff Valves

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment supersedes Airworthiness Directive (AD) 2001-
08-01, which applies to certain JanAero Devices (JanAero) 14D11 and 
23D04 series fuel regulator shutoff valves used with certain JanAero 
combustion

[[Page 44028]]

heaters that are installed on aircraft. AD 2001-08-01 currently 
requires you to visually inspect and pressure test these fuel regulator 
shutoff valves for leaks, and, if leaks are found, replace the fuel 
regulator shutoff valve. Numerous reports of fuel regulator shutoff 
valves leaking fuel caused the Federal Aviation Administration (FAA) to 
issue AD 2001-08-01. This amendment retains the actions of AD 2001-08-
01, except only the visual inspection or the pressure test will be 
required instead of both. This amendment also specifically calls out 
the fuel regulator shutoff valves by part number instead of series, 
includes provisions for disabling the heater as an alternative method 
of compliance, and makes other minor clarifying revisions and additions 
to the AD. The actions specified by this AD are intended to eliminate 
or severely reduce the potential for fuel leakage in aircraft with 
these combustion heaters, which could result in an aircraft fire with 
consequent damage or destruction.

DATES: This AD becomes effective on September 11, 2001.
    The Director of the Federal Register previously approved the 
incorporation by reference of JanAero Devices Service Bulletin No. A-
107, dated January 8, 2001, as of May 10, 2001 (66 FR 19720, April 17, 
2001).
    The FAA must receive any comments on this rule on or before October 
5, 2001.

ADDRESSES: Submit comments in triplicate to FAA, Central Region, Office 
of the Regional Counsel, Attention: Rules Docket No. 2001-CE-26-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106.
    You may get the service information referenced in this AD from 
JanAero Devices, Electrosystems-JanAero Devices, P.O. Box 273, Fort 
Deposit, Alabama 36032; telephone: (334) 227-8306; facsimile: (334) 
227-8596; Internet: http://www.kellyaerospace.com. You may examine this 
information at FAA, Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 2001-CE-26-AD, 901 Locust, Room 506, Kansas 
City, Missouri 64106; or at the Office of the Federal Register, 800 
North Capitol Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Linda M. Haynes, Aerospace Engineer, 
FAA, Atlanta Aircraft Certification Office, One Crown Center, 1895 
Phoenix Boulevard, suite 450, Atlanta, Georgia 30349; telephone: (770) 
703-6091; facsimile: (770) 703-6097.

SUPPLEMENTARY INFORMATION:

Discussion

Has FAA Taken Any Action to This Point?

    Reports of leaking JanAero fuel regulator shutoff valves found 
during routine aircraft inspections caused FAA to issue AD 2001-08-01, 
Amendment 39-12178 (66 FR 19718, April 17, 2001). This AD requires that 
you accomplish the following on certain JanAero Devices (JanAero) 14D11 
and 23D04 series fuel regulator shutoff valves used with certain 
JanAero combustion heaters that are installed on aircraft:

--Visually inspect and pressure test the fuel regulator shutoff valves 
for leaks; and
--If leaks are found, replace the fuel regulator shutoff valve.

    Accomplishment of these actions is required in accordance with 
JanAero Service Bulletin No. A-107, dated January 8, 2001.
    The affected fuel regulator shutoff valves are part of the JanAero 
B1500, B2030, B2500, B3040, B3500, B4050, or B4500 combustion heater 
configuration.
    This condition, if not corrected, could result in fuel leakage in 
aircraft with these combustion heaters, which could result in an 
aircraft fire with consequent damage or destruction.

What Has Happened Since AD 2001-08-01 To Initiate This action?

    Operators of aircraft with the affected fuel regulatory shutoff 
valves installed and mechanics who accomplished the actions of the AD 
provided suggestions for improvement to AD 2001-08-01. Based on this 
feedback, FAA is superseding AD 2001-08-01. Specifically, this feedback 
is as follows:

--FAA should only require the visual inspection or the pressure test, 
but not both;
--FAA should call out the specific fuel regulator shutoff valves by 
part number instead of series. A series designation allows the aircraft 
owner/operator to interpret the AD applicability instead of relying on 
a clear definitive applicability;
--FAA should allow disabling the heater as an alternative method of 
compliance to the actions of the AD; and
--FAA should include other minor clarifying revisions or additions in 
the AD, such as including former names of JanAero Devices, Inc., adding 
the website of the manufacturer, and minor editorial corrections.

The FAA's Determination and an Explanation of the Provisions of 
This AD

What Has FAA Decided?

    After examining the circumstances and reviewing all available 
information related to the subject above, we have determined that:

--The unsafe condition referenced in this document still exists or 
could develop on type design aircraft equipped with either a JanAero 
B1500, B2030, B2500, B3040, B3500, B4050, or B4500 combustion heater;
--The previously-referenced issues specified in the feedback presented 
to FAA from the public should be incorporated into AD 2001-08-01; and -
AD action should be taken in order to correct this unsafe condition.

What Would This AD Require?

    This AD supersedes AD 2001-08-01 with a new AD that retains the 
actions of AD 2001-08-01, except only the visual inspection or the 
pressure test is required instead of both. This AD also specifically 
calls out the specific fuel regulator shutoff valves by part number 
instead of series, includes provisions for disabling the heater as an 
alternative method of compliance, and makes other minor clarifying 
revisions or additions to the AD.
    Accomplishment of this AD is still required in accordance with 
JanAero Service Bulletin No. A-107, dated January 8, 2001.

Will I Have the Opportunity To Comment Prior to the Issuance of the 
Rule?

    Because the unsafe condition described in this document could 
result in an aircraft fire with consequent damage or destruction, FAA 
finds that notice and opportunity for public prior comment are 
impracticable. Therefore, good cause exists for making this amendment 
effective in less than 30 days.

Comments Invited

How Do I Comment on This AD?

    Although this action is in the form of a final rule and was not 
preceded by notice and opportunity for public comment, we invite your 
comments on the rule. You may submit whatever written data, views, or 
arguments you choose. You need to include the rule's docket number and 
submit your comments in triplicate to the address specified under the 
caption ADDRESSES. We will consider all comments received on or before 
the closing date specified above. We may amend this rule in light

[[Page 44029]]

of comments received. Factual information that supports your ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether we need to take additional rulemaking 
action.

Are There Any Specific Portions of the AD I Should Pay Attention to?

    The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. You may examine all comments we 
receive before and after the closing date of the rule in the Rules 
Docket. We will file a report in the Rules Docket that summarizes each 
FAA contact with the public that concerns the substantive parts of this 
AD.
    We are reviewing the writing style we currently use in regulatory 
documents, in response to the Presidential memorandum of June 1, 1998. 
That memorandum requires federal agencies to communicate more clearly 
with the public. We are interested in your comments on whether the 
style of this document is clear, and any other suggestions you might 
have to improve the clarity of FAA communications that affect you. You 
can get more information about the Presidential memorandum and the 
plain language initiative at http://www.plainlanguage.gov.

How Can I Be Sure FAA Receives My Comment?

    If you want us to acknowledge the receipt of your comments, you 
must include a self-addressed, stamped postcard. On the postcard, write 
``Comments to Docket No. 2001-CE-26-AD.'' We will date stamp and mail 
the postcard back to you.

Regulatory Impact

Does This AD Impact Various Entities?

    These regulations will not have a substantial direct effect 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, FAA has determined that this 
final rule does not have federalism implications under Executive Order 
13132.

Does This AD Involve a Significant Rule or Regulatory Action?

    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and is not a significant regulatory action under 
Executive Order 12866. It has been determined further that this action 
involves an emergency regulation under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979). If it is determined that 
this emergency regulation otherwise would be significant under DOT 
Regulatory Policies and Procedures, a final regulatory evaluation will 
be prepared and placed in the Rules Docket (otherwise, an evaluation is 
not required). A copy of it, if filed, may be obtained from the Rules 
Docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
Reference, Safety.

Adoption of the Amendment

    Accordingly, under 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. 106(g), 40113, 44701.


Sec. 39.13  [Amended]

    2. FAA amends Sec. 39.13 by removing Airworthiness Directive (AD) 
2001-08-01, Amendment 39-12178 (66 FR 19718, April 17, 2001), and by 
adding a new AD to read as follows:

2001-17-13  Janaero Devices: Amendment 39-12404; Docket No. 2001-CE-
26-AD. Supersedes AD 2001-08-01, Amendment 39-12178.

    (a) What aircraft are affected by this AD? This AD applies to 
aircraft equipped with a JanAero Devices part number 14D11, A14D11, 
B14D11, C14D11, 23D04, A23D04, B23D04, or C23D04 fuel regulator 
shutoff valve used with JanAero Devices B1500, B2030, B2500, B3040, 
B3500, B4050, or B4500 B-Series combustion heaters. The following is 
a list of aircraft where the B-Series combustion heater could be 
installed. This is not a comprehensive list and aircraft not on this 
list that have the heater installed through field approval or other 
methods are still affected by this AD:

------------------------------------------------------------------------
         Manufacturer                       Aircraft models
------------------------------------------------------------------------
Raytheon Aircraft Corporation  Beech 95-B55 Series, 58, 58TC, 58P, 60,
 (Beech).                       A60, and 76.
Canadair.....................  CL-215, CL-215T, and CLT-415.
Cessna Aircraft Company        208, 303, 310F, 310G, 310H, 310I, 310J,
 (Cessna).                      310K, 310L, 310M, 310N, 310P, 310Q,
                                320C, 320D, 320E, 320F, 337 Series, 340,
                                340A, 414, 414A, 421, 421A, 421B, and
                                421C.
The New Piper Aircraft, Inc.   PA-23 Series, PA-30, PA-31 Series, PA-34
 (Piper).                       Series, PA-39, and PA-44.
------------------------------------------------------------------------


    Note 1: The B1500, B2030, B2500, B3040, B3500, B4050, or B4500 
B-Series combustion heaters were previously manufactured by 
Janitrol, C&D, FL Aerospace, and Midland-Ross Corporation.

    (b) Who must comply with this AD? Anyone who wishes to operate 
any aircraft that is equipped with one of the above-referenced 
JanAero combustion heaters must comply with this AD.
    (c) What problem does this AD address? The actions specified by 
this AD are intended to eliminate or severely reduce the potential 
for fuel leakage in aircraft with these combustion heaters, which 
could result in an aircraft fire with consequent damage or 
destruction.
    (d) What must I do to address this problem? To address this 
problem, you must accomplish the following actions:

------------------------------------------------------------------------
           Action                Compliance time         Procedures
------------------------------------------------------------------------
(1) Inspect the fuel          Within the next 25    Locate the pressure
 regulator shutoff valve for   hours aircraft time-  regulatory shutoff
 fuel leaks. Use the           in-service (TIS)      valve in the
 pressure test procedures or   after September 11,   installation using
 visual procedures included    2001 (the effective   the applicable
 in the service information.   date of this AD),     maintenance
                               unless already        manual's regulator
                               accomplished (e.g.,   shutoff valve
                               compliance with AD    location, removal,
                               2001-08-01), and      and installation
                               thereafter prior to   instructions. For
                               installing any fuel   the pressure test
                               regulator shutoff     or visual
                               valve on an           inspection, use the
                               aircraft.             procedures in
                                                     JanAero Devices
                                                     Service Bulletin
                                                     No. A-107, dated
                                                     January 8, 2001.

[[Page 44030]]

 
(2) If no fuel leaks or no    Prior to further      Use permanent ink
 signs of fuel stains are      flight after any      and letters of at
 found during each             inspection required   least \1/10\-inch,
 inspection required by        by paragraph (d)(1)   but no larger than
 paragraph (d)(1) of this      of this AD.           \1/4\-inch, in
 AD, mark the valve cover                            height and make
 with the date of inspection                         this mark below the
 (month/year).                                       date of
                                                     manufacturer as
                                                     specified in
                                                     JanAero Devices
                                                     Service Bulletin
                                                     No. A-107, dated
                                                     January 8, 2001.
(3) If any fuel leak(s) is/   Before further        In accordance with
 are found during any          flight after the      the applicable
 inspection required by        inspection where      maintenance manual.
 paragraph (d)(1) of this      any fuel leak was
 AD, replace the valve.        found.
 Ensure there are no fuel
 leaks in the replacement
 valve by following the
 inspection and
 identification requirements
 of paragraphs (d)(1) and
 (d)(2) of this AD,
 respectively.
(4) As an alternative method  If you choose this    Not Applicable.
 of compliance to this AD,     option, you must
 you may disable the heater    accomplish it
 provided you immediately      before the required
 comply with the inspection,   inspection times
 identification, and           (within the next 25
 replacement requirements of   hours TIS after
 this AD when you bring the    September 11, 2001,
 heater back into service.     and thereafter
 Accomplish the following      prior to further
 actions when disabling: (i)   flight after
 Cap the fuel supply line;     installing any fuel
 (ii) Disconnect the           regulator shutoff
 electrical power and ensure   valve on an
 that the connections are      aircraft). To bring
 properly secured to reduce    the heater back
 the possibility of            into service, you
 electrical spark or           must accomplish the
 structural damage; (iii)      actions of
 Inspect and test to ensure    paragraphs (d)(1),
 that the cabin heater         (d)(2), and (d)(3)
 system is disabled; (iv)      of this AD
 Ensure that no other          (inspection,
 aircraft system is affected   identification, and
 by this action; (v) Ensure    replacement, as
 there are no fuel leaks;      necessary).
 and (vi) Fabricate a
 placard with the words:
 ``System Inoperative''.
 Install this placard at the
 heater control valve within
 the pilot's clear view.
------------------------------------------------------------------------

    (e) Can I comply with this AD in any other way? You may use an 
alternative method of compliance or adjust the compliance time if:
    (1) Your alternative method of compliance provides an equivalent 
level of safety; and
    (2) The Manager, Atlanta Aircraft Certification Office approves 
your alternative. Send your request through an FAA Principal 
Maintenance Inspector, who may add comments and then send it to the 
Manager, Atlanta Aircraft Certification Office.

    Note 2: This AD applies to any aircraft with the equipment 
installed as identified in paragraph (a) of this AD, regardless of 
whether the aircraft has been modified, altered, or repaired in the 
area subject to the requirements of this AD. For aircraft 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 (e) 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 you have not 
eliminated the unsafe condition, specific actions you propose to 
address it.

    (f) Where can I get information about any already-approved 
alternative methods of compliance? Contact Linda M. Haynes, 
Aerospace Engineer, FAA, Atlanta Aircraft Certification Office, One 
Crown Center, 1895 Phoenix Boulevard, suite 450, Atlanta, Georgia 
30349; telephone: (770) 703-6091; facsimile: (770) 703-6097.
    (g) Are any service bulletins incorporated into this AD by 
reference? You must accomplish the actions required by this AD in 
accordance with JanAero Devices Service Bulletin No. A-107, dated 
January 8, 2001. The Director of the Federal Register previously 
approved this incorporation by reference under 5 U.S.C. 552(a) and 1 
CFR part 51 as of May 10, 2001 (66 FR 19720, April 17, 2001).
    (1) You can get copies from JanAero Devices, Electrosystems-
JanAero Devices, P.O. Box 273, Fort Deposit, Alabama 36032; 
telephone: (334) 227-8306; facsimile: (334) 227-8596; Internet: 
http://www.kellyaerospace.com.
    (2) You can look at copies at FAA, Central Region, Office of the 
Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri, or at 
the Office of the Federal Register, 800 North Capitol Street, NW., 
suite 700, Washington, DC.
    (h) Does this amendment affect any other regulation? This 
amendment supersedes AD 2001-08-01, Amendment 39-12178.
    (i) When does this amendment become effective? This amendment 
becomes effective on September 11, 2001.

    Issued in Kansas City, Missouri, on August 15, 2001.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 01-21010 Filed 8-20-01; 8:45 am]
BILLING CODE 4910-13-P