[Federal Register Volume 69, Number 241 (Thursday, December 16, 2004)]
[Rules and Regulations]
[Pages 75228-75231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27283]


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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 39-13904; AD 2004-25-16]
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, FL Aerospace, and 
Midland-Ross Corporation)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) to 
supersede AD 2001-17-13, which applies to aircraft equipped with a 
Kelly Aerospace Power Systems (Kelly Aerospace) part number (P/N) 
14D11, A14D11, B14D11, C14D11, 23D04, A23D04, B23D04, C23D04, or P23D04 
fuel regulator shutoff valve used with Kelly Aerospace B1500, B2030, 
B2500, B3040, B3500, B4050, or B4500 B-Series combustion heaters. AD 
2001-17-13 requires you to visually inspect or pressure test the fuel 
regulator shutoff valves for leaks and replace the fuel regulator 
shutoff valve if leaks are found. This AD is the result of continued 
reports of fuel regulator shutoff valve problems and the manufacturer 
revising the service information to modify the pressure test procedures 
and to specify installing improved design replacement parts. This AD 
retains the actions required in AD 2001-17-13, makes the inspection 
repetitive, and requires installing improved design replacement parts. 
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 January 5, 2005.
    As of January 5, 2005, the Director of the Federal Register 
approved the incorporation by reference of certain publications listed 
in the regulation.
    We must receive any comments on this AD by February 11, 2005.

ADDRESSES: Use one of the following to submit comments on this AD:
    <bullet> DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
    <bullet> Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
    <bullet> Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-001.
    <bullet> Fax: 1-202-493-2251.
    <bullet> 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 AD, go to http://dms.dot.gov. The 
docket number is FAA-2004-19618.

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: Has FAA taken any action to this point? 
Reports of JanAero fuel 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 do 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.

    The affected fuel regulator shutoff valves are part of the JanAero 
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 includes a provision for disabling the heater as an alternative 
method of compliance.
    Accomplishment of AD 2001-17-13 is required following JanAero 
Service Bulletin No. A-107, dated January 8, 2001.
    What has happened since AD 2001-17-13 to initiate this AD action? 
The FAA continues 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.
    Kelly Aerospace has revised the service information to modify the 
pressure test procedures, to specify installing improved design 
replacement parts with a manufacture date code of 02/02 or later, and 
to make the inspection repetitive.
    The New Piper Aircraft, Inc. has also issued new service 
information that specifies replacing part number (P/N) A23D04-7.5 with 
an improved design replacement part P/N P23D04-7.5.
    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.

FAA's Determination and Requirements of the 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.
    Since the unsafe condition described previously is likely to exist 
or develop on type design aircraft equipped with a Kelly Aerospace 
B1500, B2030, B2500, B3040, B3500, B4050, or B4500 combustion heater, 
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 does this AD require? This AD supersedes AD 2001-17-13 with a 
new AD that requires you to:


[[Page 75229]]


--Repetitively inspect the fuel regulator shutoff valve (visually or by 
pressure test) for fuel leakage;
--If fuel leakage is found, replace the fuel regulator shutoff valve 
with an improved design replacement part with a manufacture date code 
of 02/02 or later.

    This AD also allows you to disable the heater as an alternative 
method of compliance.
    In preparing this rule, we contacted type clubs and aircraft 
operators to get technical information and information on operational 
and economic impacts. We have included a discussion of information that 
may have influenced this action in the rulemaking docket.
    How does the revision to 14 CFR part 39 affect this 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.

Comments Invited

    Will I have the opportunity to comment before you issue the rule? 
This AD is a final rule that involves requirements affecting flight 
safety and was not preceded by notice and an opportunity for public 
comment; however, we invite you to submit any written relevant data, 
views, or arguments regarding this AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2004-19693; 
Directorate Identifier 2004-CE-40-AD'' in the subject line of your 
comments. If you want us to acknowledge receipt of your mailed 
comments, send us a self-addressed, stamped postcard with the docket 
number written on it; we will date-stamp your postcard and mail it back 
to you. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify it. If a person contacts us through a 
nonwritten communication, and that contact relates to a substantive 
part of this 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 the AD in light of those comments.

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 
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, Incorporation by 
reference, 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) 
2001-17-13, Amendment 39-12404 (66 FR 44027, August 22, 2001), and by 
adding a new AD to read as follows:

2004-25-16 Kelly Aerospace Power Systems (formerly owned by 
ElectroSystems, JanAero Devices, Janitrol, C&D, FL Aerospace, and 
Midland-Ross Corporation): Amendment 39-13904; Docket No. FAA-2004-
19693; Directorate Identifier 2004-CE-40-AD; Supersedes AD 2001-17-
13; Amendment 39-12404.

When Does This AD Become Effective?

    (a) This AD becomes effective on January 5, 2005.

Are Any Other ADs Affected by This Action?

    (b) Yes. This AD supersedes AD 2001-17-13, Amendment 39-12404.

What Airplanes Are Affected by This AD?

    (c) What aircraft are affected by this AD? This AD applies to 
aircraft equipped with a Kelly Aerospace part number (P/N) 14D11, 
A14D11, B14D11, C14D11, 23D04, A23D04, B23D04, C23D04 or P23D04 fuel 
regulator shutoff valve used with Kelly Aerospace 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.
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[[Page 75230]]

    Note 1: The B1500, B2030, B2500, B3040, B3500, B4050, or B4500 
B-Series combustion heaters were previously manufactured by 
Janitrol, C&D Airmotive, 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:

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

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. 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, 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.

[[Page 75231]]

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. The Director of the 
Federal Register approved the incorporation by reference of this 
service bulletin in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. To get a copy of this 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 this service 
information, go to the National Archives and Records Administration 
(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.

    Issued in Kansas City, Missouri, on December 6, 2004.
William J. Timberlake,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-27283 Filed 12-15-04; 8:45 am]
BILLING CODE 4910-13-P