AD Amdt-39-14076

[Federal Register Volume 70, Number 87 (Friday, May 6, 2005)]
[Rules and Regulations]
[Pages 23930-23934]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 05-8884]


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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; 
Amendment 39-14076; AD 2004-25-16 R1]
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: Final rule.

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SUMMARY: The FAA is revising 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, B2030, B2500, B3040, B3500, B4050, 
or B4500 B-Series combustion heaters. AD 2004-25-16 currently requires 
you to repetitively inspect the fuel regulator 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 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 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: This AD becomes effective on June 20, 2005.
    On January 5, 2005 (69 FR 75228, December 16, 2004), the Director 
of the Federal Register approved the incorporation by reference of 
Kelly Aerospace Power Systems Service Bulletin No. A-107A, Issue Date: 
September 6, 2002; and Piper Vendor Service Publication VSP-150, dated 
January 31, 2003.

ADDRESSES: To get the service information identified 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: <a href="http://www.kellyaerospace.com">http://www.kellyaerospace.com</a>.
    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 20590-001 or on the Internet at <a href="http://dms.dot.gov">http://dms.dot.gov</a>. 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:

Discussion

    What events have caused this AD? 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 2001-08-01 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, and 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 
required only the visual inspection or the pressure test of the fuel 
regulator shutoff valves (not both) and listed 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).

[[Page 23931]]

    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 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 revising 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.
    Has FAA taken any action to this point? We issued a proposal to 
amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to 
include an AD that would apply 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. This proposal was published in the Federal Register as a 
notice of proposed rulemaking (NPRM) on March 9, 2005 (70 FR 11588). 
The NPRM proposed to 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.

Comments

    Was the public invited to comment? We provided the public the 
opportunity to participate in developing this AD. The following 
presents the comments received on the proposal and FAA's response to 
each comment:

Comment Issue No. 1: Remove the Piper Models PA-30 and PA-39 Airplanes 
From the Applicability

    What is the commenter's concern? Three commenters state that an 
incident involving a Piper Model PA-31 airplane prompted the AD. The 
PA-31 airplane has a different fuel regulator shutoff valve 
configuration and a larger heater than Models PA-30 and PA-39 
airplanes.
    Model PA-31 airplanes run 35 pounds per square inch (PSI) fuel 
pressure at all times the engines are operating to the pressure 
regulator shutoff valve. The fuel line on Model PA-31 airplanes is also 
larger than the fuel line on Models PA-30 and PA-39 airplanes.
    Model PA-30 airplanes run 7.5 PSI fuel pressure and the fuel line 
is \1/16\ inch with an internal orifice of \1/32\ inch. Therefore, the 
Model PA-30 airplane has one-fifth the pressure going to the regulator 
shutoff valve. Models PA-30 and PA-39 airplanes also have a fuel 
shutoff valve approximately 12 inches up-line from the pressure 
regulator shutoff valve.
    According to the Aircraft Flight Manual, this valve should be 
closed except when the heater is in operation. When the manual fuel 
valve is closed, there is no pressure on the regulator resulting in 
little to no chance of fuel leakage.
    The commenters request Models PA-30 and PA-39 airplanes be removed 
from the applicability of the AD.
    What is FAA's response to the concern? The description of fuel 
system line sizes and volumes described by the commenters does not 
match those shown in the type design of the Models PA-30 and PA-39 
airplanes.
    The fuel pressure values stated by the commenters are below those 
seen in the supply line to Model PA-30 airplanes. Although the fuel 
regulator and shutoff valve supply pressures in Models PA-30 and PA-39 
airplanes are below that of PA-31 series airplanes (as indicated by the 
commenters), the pressures are similar to that of other aircraft models 
for which leakage has been documented through the submittal of service 
difficulty reports.
    The evaluation of leaking fuel regulator and shutoff valves has 
revealed a loss of clamping of the diaphragm by the assembly fasteners. 
This may be attributed to distortion of the diaphragm resulting in 
displacement or local thinning, local distortion of the housings either 
at or between the fastener locations or a loss of fastener preload.
    We are not changing the final rule AD action based on this comment. 
If an individual operator has an airplane configuration that is 
different than that specified in the type design, he/she may request an 
alternative method of compliance (AMOC) following the procedures in the 
AD and 14 CFR part 39.

Comment Issue No. 2: Change the Compliance Time From 100 Hours Time-in-
Service (TIS) Aircraft Operating Service to 100 Hours TIS Heater 
Operating Service or at the Annual Inspection

    What is the commenter's concern? The commenter states that most 
Model PA-30 airplanes are based in warm climates where the heater is 
used for only a few hours a year. According to the Aircraft Flight 
Manual, this valve should be closed except when the heater is in 
operation. When the manual fuel valve is closed, there is no pressure 
on the regulator resulting in little to no chance of fuel leakage.
    The commenter states the requirement to inspect every 100 hours TIS 
on the airplane imposes an unnecessary burden.
    The commenter requests the inspection time change to 100 hours of 
heater operation or at the next annual inspection.
    What is FAA's response to the concern? The evaluation of leaking 
fuel regulator and shutoff valves may be attributed to the 
deterioration of the diaphragm material itself. As with any other 
rubberized material, this results from environmental exposure over a 
period of time. As the described mechanisms do not directly relate to 
heater operation, the inspection interval was selected as aircraft TIS 
and not heater TIS. Although the use of a manual fuel shutoff valve may 
reduce the likelihood of fuel leakage when the heater is not operating, 
it does not reduce the effects of TIS on the condition of the fuel 
regulator and shutoff valve.
    The owner/operator may request an extension or different compliance 
time through an AMOC by following the procedures in the AD and 14 CFR 
part 39.
    We are not changing the final rule AD action based on this comment.

Conclusion

    What is FAA's final determination on this issue? We have carefully 
reviewed the available data and determined that air safety and the 
public interest require adopting the AD as proposed except for the 
changes discussed above and minor editorial corrections. We have 
determined that these changes and minor corrections:

--Are consistent with the intent that was proposed in the NPRM for 
correcting the unsafe condition; and
--Do not add any additional burden upon the public than was already 
proposed in the NPRM.

[[Page 23932]]

Changes to 14 CFR Part 39--Effect on the AD

    How does the revision to 14 CFR part 39 affect this AD? On July 10, 
2002, the FAA published a new version of 14 CFR part 39 (67 FR 47997, 
July 22, 2002), which governs the 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 revision? Since we are revising AD 
2004-25-16 to remove a required action from the previous AD, there is 
no cost impact for this 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

    Will this AD impact various entities? We have determined that this 
AD will not have federalism implications under Executive Order 13132. 
This AD 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.
    Will this AD involve a significant rule or regulatory action? For 
the reasons discussed above, I certify that this 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 AD (and 
other information as included in the Regulatory Evaluation) 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 ``Docket 
No. 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.

Adoption of the Amendment

0
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

0
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]

0
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:

2004-25-16 R1 Kelly Aerospace Power Systems (formerly owned by 
ElectroSystems, JanAero Devices, Janitrol, C&D Airmotive Products, 
FL Aerospace, and Midland-Ross Corporation): Amendment 39-14076; 
Docket No. FAA-2004-19693; Directorate Identifier 2004-CE-40-AD; 
revises AD 2004-25-16, Amendment 39-13904.

When Does This AD Become Effective?

    (a) This AD becomes effective on June 20, 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     PA-23 Series, PA-30, PA-31 Series, PA-34
 Inc.                           Series, PA-39, and PA-44 Series.
(4) Raytheon Aircraft          95-B55 Series, 58, 58TC, 58P, 60, A60,
 Corporation.                   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 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:

[[Page 23933]]



------------------------------------------------------------------------
             Actions                  Compliance          Procedures
------------------------------------------------------------------------
(1) Visually inspect or pressure  Within the next 25  Locate the
 test the fuel regulator shutoff   hours aircraft      pressure shutoff
 valve for any signs of fuel       time-in-service     valve in the
 leaks.                            (TIS) after         installation
                                   January 5, 2005,    using the
                                   (the effective      applicable
                                   date of AD 2004-    maintenance
                                   25-16), unless      manual for valve
                                   already done        location,
                                   within the last     removal, and
                                   75 hours aircraft   installation
                                   TIS (e.g.,          instructions.
                                   compliance with     Follow the
                                   AD 2001-08-01 or    procedures in
                                   2001-17-13).        Kelly Aerospace
                                   Repetitively        Power Systems
                                   inspect             Service Bulletin
                                   thereafter at       No. A-107A, Issue
                                   intervals not to    Date: September
                                   exceed 100 hours    6, 2002, for the
                                   aircraft TIS or     visual inspection
                                   12 months,          or the pressure
                                   whichever occurs    test.
                                   first. This is
                                   established to
                                   coincide with 100-
                                   hour and annual
                                   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           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
                                   (e)(1), (e)(2),
                                   and (e)(3) of
                                   this AD
                                   (inspection,
                                   identification,
                                   and replacement,
                                   as necessary).
(ii) Disconnect the electrical
 power and ensure that the
 connections are properly
 secured to reduce the
 possibility of electrical spark
 or structural damage;
(iii) Inspect and test to ensure
 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.

Does This AD Incorporate Any Material By Reference?

    (g) You must do the actions required by this AD following the 
instructions in Kelly Aerospace Power Systems Service Bulletin No. 
A-107A, Issue Date: September 6, 2002; and Piper Vendor Service 
Publication VSP-150, dated January 31, 2003.
    (1) On January 5, 2005 (69 FR 75228, December 16, 2004), and in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51, the Director of 
the Federal Register previously approved the incorporation by 
reference.
    (2) To get a copy of the service information, contact Kelly 
Aerospace Power Systems, P.O. Box 273, Fort Deposit, Alabama 36032; 
telephone: (334) 227-8306; facsimile: (334) 227-8596; Internet: 
<a href="http://www.kellyaerospace.com">http://www.kellyaerospace.com</a>. To review copies of the service 
information, go to the National Archives and Records Administration

[[Page 23934]]

(NARA). For information on the availability of this material at 
NARA, go to: <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a> or call (202) 741-6030. 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 20590-001 or on the Internet 
at <a href="http://dms.dot.gov">http://dms.dot.gov</a>. The docket number is FAA-2004-19693; 
Directorate Identifier 2004-CE-40-AD.

    Issued in Kansas City, Missouri, on April 28, 2005.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-8884 Filed 5-5-05; 8:45 am]
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