AD Amdt-39-10736

[Federal Register Volume 63, Number 179 (Wednesday, September 16, 1998)]
[Rules and Regulations]
[Pages 49414-49416]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 98-24245]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96-NM-31-AD; Amendment 39-10736; AD 98-18-20]
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: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Boeing Model 727 and Model 737 series airplanes, 
that requires replacement of the actuator of the engine fuel shutoff 
valve and the fuel system crossfeed valve with an improved actuator. 
This amendment is prompted by a report indicating that, during 
laboratory tests, the actuator clutch on the engine fuel shutoff and 
crossfeed valves failed to function properly. The actions specified by 
this 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: Effective October 21, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of October 21, 1998.

ADDRESSES: The service information referenced in this AD 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 Federal Aviation Administration 
(FAA), Transport Airplane Directorate, Rules Docket, 1601 Lind Avenue, 
SW., Renton, Washington; or at the Office of the Federal Register, 800 
North Capitol Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Sulmo Mariano, Aerospace Engineer; 
Propulsion Branch, ANM-140S, FAA, Transport Airplane Directorate, 
Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056; telephone (425) 227-2175; fax (425) 227-1181.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain Boeing Model 727 and 737 
series airplanes was published as a supplemental notice of proposed 
rulemaking (NPRM) in the Federal Register on March 26, 1997 (62 FR 
14373). That action proposed to require replacement of the actuator of 
the engine fuel shutoff valve and the fuel system crossfeed valve with 
an improved actuator. That action also proposed to expand the 
applicability of the proposed rule by including an additional Kearfott 
actuator that is subject to the addressed unsafe condition.

Explanation of New Service Information

    The FAA has reviewed and approved J.C. Carter Company Service 
Bulletin 61163-28-09, dated May 1, 1996. Although no service bulletin 
revision level was designated, this new service bulletin was issued as 
an updated revision of the original version, dated September 28, 1995, 
which was referenced in the supplemental NPRM as the appropriate source 
of service information for accomplishment of the proposed replacement. 
The procedures described in these two service bulletins are essentially 
the same. However, the new revision includes the following additional 
clarifying information:
    1. In Section II, Accomplishment Instructions, an additional 
reference to 737 Maintenance Manual (MM) 28-22-11/400 was added to the 
first paragraph.
    2. In Section III, Materials, only two relevant changes were made. 
First, a new optional actuator part number, 40574-1, was added to the 
itemized list of part numbers. Second, information regarding the model 
number and nameplate of the new actuator was added to the second Note 
following the list of part numbers. In addition, information regarding 
the nameplates for Kearfott actuator models 3715-7 and 3715-8 was added 
to the first two headings following the Note paragraphs.

[[Page 49415]]

Comments Received

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.
    Several commenters support the proposed rule. However, two other 
commenters suggest certain changes to the supplemental NPRM, which are 
discussed in the following paragraphs.

Request to Stop Issuance

    One commenter suggests that issuance of a new AD is unnecessary for 
two reasons:
    1. The commenter states that, ``based upon the number of parts not 
returned to J.C. Carter to date, it appears that these parts are 
meeting their life requirement of 10,000 cycles.'' The commenter also 
states that, ``since the clutch binding problem results in a hard 
failure with indication, we believe that the potential clutch binding 
is not a safety issue and thus, an AD is not necessary for part numbers 
3715-8 and 3715-9.''
    The FAA does not concur with the commenter's statements. The FAA 
has determined that the fundamental issue is the improper functioning 
of certain actuators due to clutch binding, which could result in a 
fuel imbalance due to the inability of the flightcrew to crossfeed fuel 
or prevent the pilot from shutting off the fuel to the engine following 
an engine failure or fire. The FAA has determined that clutch binding 
is an identified safety issue, that an airworthiness directive is the 
appropriate vehicle for mandating such action to correct the unsafe 
condition, and that issuance of the final rule to identify such part 
numbers is appropriate and necessary to ensure the continued safety of 
the fleet.
    2. This same commenter advises that part number (P/N) 3715-7 
actuators had a brush-sticking problem at cold temperatures and that 
this problem is latent. The commenter also advises that all but 16 of 
such actuators have been removed from service and returned to J.C. 
Carter, the discrepant parts are being tracked, the locations of 14 of 
the 16 discrepant parts are known, and the locations of the remaining 
discrepant parts are being pursued for their removal from service. The 
commenter states that it will continue to pursue removal of P/N 3715-7 
actuators from service regardless of whether an airworthiness directive 
is issued.
    The FAA acknowledges that the manufacturer is continuing its 
efforts to remove all of the discrepant P/N 3715-7 actuators from 
service. However, in accordance with various bilateral airworthiness 
agreements with countries around the world, the FAA is obligated to 
advise foreign airworthiness authorities of unsafe conditions 
identified in products manufactured in the United States; the issuance 
of AD's is the means by which the FAA satisfies this obligation. 
Therefore, the issuance of this AD is both warranted and necessary.

Request to Reduce Number of Affected Airplanes

    The airplane manufacturer states that J.C. Carter estimates there 
are only 200 Kearfott actuators that may be in service. The commenter 
adds that, therefore, the number of airplanes that will require 
accomplishment of the AD is much lower than the 2,190 airplanes 
estimated in the supplemental NPRM. The FAA acknowledges that 200 
actuators may be in service. However, because these actuators could be 
installed on any airplane in the fleet of 2,190 U.S.-registered 
airplanes, the FAA finds it appropriate to reflect that number in the 
cost impact information, below. No change to the final rule is 
necessary in this regard.

Request to Cite Latest Service Bulletin Revision

    One commenter states that the updated revision of J.C. Carter 
Service Bulletin 61163-28-09, dated May 1, 1996, is approved by the FAA 
and has been released to all operators. Because this service bulletin 
includes the new optional actuator part number and some additional 
information, the commenter requests that the action required by the 
supplemental NPRM be accomplished in accordance with the latest service 
bulletin. Another commenter states that, ``The release date of J.C. 
Carter Service Bulletin 61163-28-09 is May 1, 1996, not September 28, 
1995.''
    The FAA concurs with the requests to cite the latest release of 
this service bulletin (described previously). The FAA has determined 
that the new optional actuator part does not impose any additional 
burden or cost on the operator. Paragraph (a) of the final rule has 
been changed to cite both versions of the service bulletin as 
appropriate sources of service information for accomplishment of the 
replacement.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the change previously 
described. The FAA has determined that this change will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    There are approximately 4,137 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 will be affected by this AD, that it 
will take approximately 3 work hours per airplane to accomplish the 
required 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 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 requirements of this AD 
action, and that no operator would accomplish those actions in the 
future if this AD were not adopted.

Regulatory Impact

    The regulations adopted herein will 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 final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under 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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the

[[Page 49416]]

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:
98-18-20  Boeing: Amendment 39-10736. 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 
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 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 40574-1 (General Design Model 3715-6) or P/N 
40574-4, or an actuator having P/N 40574-2 with a nameplate 
identified in paragraph III, Material, of either J.C. Carter Company 
Service Bulletin 61163-28-09, dated September 28, 1995, or J.C. 
Carter Company Service Bulletin, 61163-28-09, dated May 1, 1996, 
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 either J.C. Carter Company Service Bulletin 61163-
28-09, dated September 28, 1995, or J.C. Carter Company Service 
Bulletin 61163-28-09, dated May 1, 1996.
    (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 
Secs. 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.
    (d) The replacement shall be done in accordance with either J.C. 
Carter Company Service Bulletin 61163-28-09, dated September 28, 
1995, or J.C. Carter Company Service Bulletin 61163-28-09, dated May 
1, 1996. This incorporation by reference was approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) 
and 1 CFR part 51. Copies may be obtained from J.C. Carter Company 
Inc., Aerospace Components and Repair Service, 673 W. 17th Street, 
Costa Mesa, California 92627-3605. Copies may be inspected at the 
FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington; or at the Office of the Federal Register, 800 North 
Capitol Street, NW., suite 700, Washington, DC.
    (e) This amendment becomes effective on October 21, 1998.

    Issued in Renton, Washington, on August 28, 1998.
Vi L. Lipski,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-24245 Filed 9-15-98; 8:45 am]
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