[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 [www.gpo.gov]
[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: 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 20590-001 or on the Internet at 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:
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
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(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.
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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]]
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Actions Compliance Procedures
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(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).
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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:
http://www.kellyaerospace.com. 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: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html 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 http://dms.dot.gov. 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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