[Federal Register Volume 70, Number 45 (Wednesday, March 9, 2005)]
[Proposed Rules]
[Pages 11588-11591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4556]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19693; Directorate Identifier 2004-CE-40-AD]
RIN 2120-AA64


Airworthiness Directives; Kelly Aerospace Power Systems Part 
Number (P/N) 14D11, A14D11, B14D11, C14D11, 23D04, A23D04, B23D04, 
C23D04, or P23D04 Fuel Regulator Shutoff Valves (formerly owned by 
ElectroSystems, JanAero Devices, Janitrol, C&D Airmotive Products, FL 
Aerospace, and Midland-Ross Corporation)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to revise Airworthiness Directive (AD) 2004-
25-16, which applies to aircraft equipped with a fuel regulator shutoff 
valve part number (P/N) 14D11, A14D11, B14D11, C14D11, 23D04, A23D04, 
B23D04, C23D04, or P23D04 used with B1500,

[[Page 11589]]

B2030, B2500, B3040, B3500, B4050, or B4500 B-Series combustion 
heaters. AD 2004-25-16 currently requires you to repetitively inspect 
the fuel regulator shut shutoff valve (visually or by pressure test) 
for fuel leakage and replace the fuel regulator shutoff valve with an 
improved design replacement part with a manufacturer's date code of 02/
02 or later if fuel leakage is found. AD 2004-25-16 also allows you to 
disable the heater as an alternative method of compliance. Since we 
issued AD 2004-25-16, we received several comments requesting a 
revision to paragraph (e)(2). Consequently, this proposed AD retains 
the actions required in AD 2004-25-16 and revises the requirements in 
paragraph (e)(2) to remove a required action. We are issuing this 
proposed AD to prevent failure of the fuel regulator shutoff valve, 
which could result in fuel leakage in aircraft with these combustion 
heaters. This failure could result in an aircraft fire.

DATES: We must receive any comments on this proposed AD by April 7, 
2005.

ADDRESSES: Use one of the following to submit comments on this proposed 
AD:
     DOT Docket web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, S.W., Nassif Building, Room PL-401, 
Washington, DC 20590-001.
     Fax: 1-202-493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    To get the service information identified in this proposed AD, 
contact Kelly Aerospace Power Systems, P.O. Box 273, Fort Deposit, 
Alabama 36032; telephone: (334) 227-8306; facsimile: (334) 227-8596; 
Internet: http://www.kellyaerospace.com.
    To view the comments to this proposed AD, go to http://dms.dot.gov. 
The docket number is FAA-2004-19693; Directorate Identifier 2004-CE-40-
AD.

FOR FURTHER INFORMATION CONTACT: Kevin L. Brane, Aerospace Engineer, 
Atlanta Aircraft Certification Office, FAA, One Crown Center, 1985 
Phoenix Boulevard, Suite 450, Atlanta, GA 30349; telephone: (770) 703-
6063; facsimile: (770) 703-6097.

SUPPLEMENTARY INFORMATION:

Comments Invited

    How do I comment on this proposed AD? We invite you to submit any 
written relevant data, views, or arguments regarding this proposal. 
Send your comments to an address listed under ADDRESSES. Include the 
docket number, ``FAA-2004-19693; Directorate Identifier 2004-CE-40-AD'' 
at the beginning of your comments. We will post all comments we 
receive, without change, to http://dms.dot.gov, including any personal 
information you provide. We will also post a report summarizing each 
substantive verbal contact with FAA personnel concerning this proposed 
rulemaking. Using the search function of our docket Web site, anyone 
can find and read the comments received into any of our dockets, 
including the name of the individual who sent the comment (or signed 
the comment on behalf of an association, business, labor union, etc.). 
This is docket number FAA-2004-19693. You may review the DOT's complete 
Privacy Act Statement in the Federal Register published on April 11, 
2000 (65 FR 19477-78) or you may visit http://dms.dot.gov.
    Are there any specific portions of this proposed AD I should pay 
attention to? We specifically invite comments on the overall 
regulatory, economic, environmental, and energy aspects of this 
proposed AD. If you contact us through a nonwritten communication and 
that contact relates to a substantive part of this proposed AD, we will 
summarize the contact and place the summary in the docket. We will 
consider all comments received by the closing date and may amend this 
proposed AD in light of those comments and contacts.

Docket Information

    Where can I go to view the docket information? You may view the AD 
docket that contains the proposal, any comments received, and any final 
disposition in person at the DMS Docket Offices between 9 a.m. and 5 
p.m. (eastern standard time), Monday through Friday, except Federal 
holidays. The Docket Office (telephone 1-800-647-5227) is located on 
the plaza level of the Department of Transportation NASSIF Building at 
the street address stated in ADDRESSES. You may also view the AD docket 
on the Internet at http://dms.dot.gov. The comments will be available 
in the AD docket shortly after the DMS receives them.

Discussion

    Has FAA taken any action to this point? Reports of certain 
regulator shutoff valves leaking caused FAA to issue AD 2001-08-01, 
Amendment 39-12178 (66 FR 19718, April 17, 2001). AD 2001-08-1 required 
you to visually inspect and pressure test the fuel regulator shutoff 
valves for leaks and replace the fuel regulator shutoff valve if leaks 
were found.
    The affected fuel regulator shutoff valves are part of the B1500, 
B2030, B2500, B3040, B3500, B4050, or B4500 combustion heater 
configuration.
    Operators of aircraft with the affected fuel regulator shutoff 
valves installed and mechanics who did the actions of AD 2001-08-01 
provided suggestions for improvement to the AD. Based on that feedback, 
FAA superseded AD 2001-08-01 with AD 2001-17-13, Amendment 39-12404 (66 
FR 44027, August 22, 2001).
    AD 2001-17-13 retained the actions of AD 2001-08-01, except it 
requires only the visual inspection or the pressure test of the fuel 
regulator shutoff valves (not both) and lists the affected fuel 
regulator shutoff valves by part number instead of series. AD 2001-17-
13 also included a provision for disabling the heater as an alternative 
method of compliance.
    The FAA continued to receive reports of problems with these fuel 
regulator shutoff valves. This service history reflects that the 
inspections should be repetitive instead of one-time. Based on this 
information, FAA superseded AD 2001-17-13 with AD 2004-25-16, Amendment 
39-13904 (69 FR 75228, December 16, 2004).
    AD 2004-25-16 retains the actions required in AD 2001-17-13, makes 
the inspection repetitive, and requires installing improved design 
replacement parts.
    What has happened since AD 2004-25-16 to initiate this proposed AD 
action? We inadvertently retained an action from AD 2001-17-13 and made 
it repetitive. After each inspection of the fuel regulator shutoff 
valve for signs of fuel leaks and no leaks are found, AD 2004-25-16 
requires the valve cover to be marked with the date of inspection.
    Since AD 2004-25-16 made that inspection repetitive, it is not 
feasible to mark the valve cover with the date of each inspection. 
Therefore, we are proposing to revise AD 2004-25-16 to remove this 
action.
    What is the potential impact if FAA took no action? 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.

[[Page 11590]]

FAA's Determination and Requirements of This Proposed AD

    What has FAA decided? We have evaluated all pertinent information 
and identified an unsafe condition that is likely to exist or develop 
on other products of this same type design. For this reason, we are 
proposing AD action.
    What would this proposed AD require? This proposed AD would revise 
AD 2004-25-16 with a new AD that would retain the actions required in 
AD 2004-25-16 and removes the requirement to mark the valve cover with 
the date of inspection as specified in paragraph (e)(2) of the AD.
    How does the revision to 14 CFR part 39 affect this proposed AD? On 
July 10, 2002, we published a new version of 14 CFR part 39 (67 FR 
47997, July 22, 2002), which governs FAA's AD system. This regulation 
now includes material that relates to altered products, special flight 
permits, and alternative methods of compliance. This material 
previously was included in each individual AD. Since this material is 
included in 14 CFR part 39, we will not include it in future AD 
actions.

Costs of Compliance

    What is the cost impact of this proposed revision? Since we are 
proposing to revise AD 2004-25-16 to remove a required action from the 
previous AD, there is no cost impact for this proposed revision.

Authority for This Rulemaking

    What authority does FAA have for issuing this rulemaking action? 
Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106 describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this AD.

Regulatory Findings

    Would this proposed AD impact various entities? We have determined 
that this proposed AD would not have federalism implications under 
Executive Order 13132. This proposed AD would 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.
    Would this proposed AD involve a significant rule or regulatory 
action? For the reasons discussed above, I certify that this proposed 
AD:
    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. 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.
    We prepared a summary of the costs to comply with this proposed AD 
and placed it in the AD Docket. You may get a copy of this summary by 
sending a request to us at the address listed under ADDRESSES. Include 
``AD Docket FAA-2004-19693; Directorate Identifier 2004-CE-40-AD'' in 
your request.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 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. The FAA amends Sec.  39.13 by removing Airworthiness Directive 
(AD) 2004-25-16, Amendment 39-13904 (69 FR 75228), and by adding a new 
AD to read as follows:

Kelly Aerospace Power Systems (formerly owned by ElectroSystems, 
JanAero Devices, Janitrol, C&D Airmotive Products, FL Aerospace, and 
Midland-Ross Corporation): Docket No. FAA-2004-19693; Directorate 
Identifier 2004-CE-40-AD; Revises AD 2004-25-16; Amendment 39-13904.

When Is the Last Date I Can Submit Comments on This Proposed AD?

    (a) We must receive comments on this proposed airworthiness 
directive (AD) by April 7, 2005.

What Other ADs Are Affected by This Action?

    (b) This AD revises AD 2004-25-16, Amendment 39-13904.

What Airplanes Are Affected by This AD?

    (c) This AD applies to aircraft equipped with a fuel regulator 
shutoff valve part number (P/N) 14D11, A14D11, B14D11, C14D11, 
23D04, A23D04, B23D04, C23D04, or P23D04 used with 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/series
------------------------------------------------------------------------
(1) Bombardier Inc.....................  CL-215, CL-215T, and CLT-415.
(2) Cessna Aircraft Company............  208, T303, 310F, 310G, 310H,
                                          310I, 310J, 310K, 310L, 310N,
                                          310P, 310Q, 320C, 320D, 320E,
                                          320F, 337 Series, 340, 340A,
                                          414, 414A, 421, 421A, 421B,
                                          and 421C.
(3) The New Piper Aircraft, Inc........  PA-23 Series, PA-30, PA-31
                                          Series, PA-34 Series, PA-39,
                                          and PA-44 Series.
(4) Raytheon Aircraft Corporation......  95-B55 Series, 58, 58TC, 58P,
                                          60, A60, and 76.
------------------------------------------------------------------------


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

What Is the Unsafe Condition Presented in This AD?

    (d) This AD is the result of numerous reports of fuel regulator 
shutoff valves

[[Page 11591]]

leaking fuel. We are issuing this AD to prevent failure of the fuel 
regulator shutoff valve, which could result in fuel leakage in 
aircraft with these combustion heaters. This failure could result in 
an aircraft fire.

What Must I Do To Address This Problem?

    (e) To address this problem, you must do the following:

------------------------------------------------------------------------
             Actions                  Compliance          Procedures
------------------------------------------------------------------------
(1) Visually inspect or pressure  Within the next 25  Locate the
 test the fuel regulator shutoff   hours aircraft      pressure
 valve for any signs of fuel       time-in-service     regulator shutoff
 leaks.                            (TIS) after         value in the
                                   January 5, 2005     installation
                                   (the effective      using the
                                   date of AD 2004-    applicable
                                   25-16), unless      maintenance
                                   already done        manual for valve
                                   within the last     location,
                                   75 hours aircraft   removal, and
                                   TIS (e.g.,          installation
                                   compliance with     instructions.
                                   AD 2001-08-01 or    Follow the
                                   2001-17-13).        procedures in
                                   Repetitively        Kelly Aerospace
                                   inspect             Power Systems
                                   thereafter at       Service Bulletin
                                   intervals not to    No. A-107A, Issue
                                   exceed 100 hours    Date: September
                                   aircraft TIS or     6, 2002, for the
                                   12 months,          visual inspection
                                   whichever occurs    or the pressure
                                   first. This is      test.
                                   established to
                                   coincide with 100-
                                   hour and annual
                                   inspections.
(2) If no fuel leaks or no signs  Prior to further    Follow the
 of fuel stains are found during   flight after each   procedures in
 each inspection required by       inspection          Kelly Aerospace
 paragraph (e)(1) of this AD,      required in         Power Systems
 make a log book entry with the    paragraph (e)(1)    Service Bulletin
 date of inspection (month/year).  of this AD.         No. A-107A, Issue
                                                       Date: September
                                                       6, 2002.
(3) If any signs of fuel leaks    Before further      Follow Kelly
 or any signs of fuel stains are   flight after the    Aerospace Power
 found during any inspection       inspection where    Systems Service
 required in paragraph (e)(1) of   any fuel leak was   Bulletin No. A-
 this AD, replace the valve with   found.              107A, Issue Date:
 a new valve of appropriate part                       September 6,
 number (P/N) that has a                               2002; Piper
 manufacturer's date code of 02/                       Vendor Service
 02 or later. For Piper PA-31-                         Publication VSP-
 350 model aircraft, replace P/N                       150, dated
 A23D04-7.5 valve with P/N                             January 31, 2003;
 P23D04-7.5 Ensure there are no                        and the
 fuel leaks in the replacement                         applicable
 valve by following the                                maintenance
 inspection and documentation                          manual.
 requirements in paragraphs
 (e)(1) and (e)(2) of this AD.
(4) As an alternative method of   If you choose this  Not Applicable.
 compliance to this AD, you may    option, you must
 disable the heater provided you   do it before the
 immediately comply with the       next required
 inspection, identification, and   inspection
 replacement requirements of       specified in
 this AD when you bring the        paragraph (e)(1)
 heater back into service. Do      of this AD. To
 the following actions when        bring the heater
 disabling:                        back into
(i) Cap the fuel supply line       service, you must
 upstream of the fuel regulator    do the actions of
 and shutoff valve;.               paragraphs
(ii) Disconnect the electrical     (e)(1), (e)(2),
 power and ensure that the         and (e)(3) of
 connections are properly          this AD
 secured to reduce the             (inspection,
 possibility of electrical spark   identification,
 or structural damage;.            and replacement,
(iii) Inspect and test to ensure   as necessary).
 that the cabin heater system is
 disabled;.
(iv) Ensure that no other
 aircraft system is affected by
 this action;.
(v) Ensure there are no fuel
 leaks; and.
(vi) Fabricate a placard with
 the words: ``System
 Inoperative''. Install this
 placard at the heater control
 valve within the pilot's clear
 view..
(5) Only install a fuel           As of January 5,    Not Applicable.
 regulator shutoff valve with a    2005 (the
 manufacture date code of 02/02    effective date of
 or later.                         AD 2004-25-16).
------------------------------------------------------------------------

May I Request an Alternative Method of Compliance?

    (f) You may request a different method of compliance or a 
different compliance time for this AD by following the procedures in 
14 CFR 39.19.
    (1) Unless FAA authorizes otherwise, send your request to your 
principal inspector. The principal inspector may add comments and 
will send your request to the Manager, Manager, Atlanta ACO, FAA. 
For information on any already approved alternative methods of 
compliance, contact Kevin L. Brane, Aerospace Engineer, Atlanta 
Aircraft Certification Office, FAA, One Crown Center, 1985 Phoenix 
Boulevard, Suite 450, Atlanta, GA 30349; telephone: (770) 703-6063; 
facsimile: (770) 703-6097.
    (2) Alternative methods of compliance approved for AD 2004-25-
16, which is revised by this AD, are approved as alternative methods 
of compliance with this AD.

May I Get Copies of the Documents Referenced in This AD?

    (g) To get copies of the documents referenced in this AD, 
contact Kelly Aerospace Power Systems, P.O. Box 273, Fort Deposit, 
Alabama 36032; telephone: (334) 227-8306; facsimile: (334) 227-8596; 
Internet: http://www.kellyaerospace.com. To view the AD docket, go 
to the Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-
401, Washington, DC, or on the Internet at http://dms.dot.gov. The 
docket number is FAA-2004-19693; Directorate ID 2004-CE-40-AD.

    Issued in Kansas City, Missouri, on March 2, 2005.
Nancy C. Lane,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-4556 Filed 3-8-05; 8:45 am]
BILLING CODE 4910-13-P