Federal Register / Vol. 62, No. 58 / Wednesday, March 26, 1997 / Proposed Rules 14373

(i) If any chafing is found, prior to further

flight, replace the chafed cable with a

serviceable cable.

(ii) If any incorrect installation is found,

prior to further flight, readjust the

installation.

(3) Perform an inspection for chafing of the

engine control cables and fairleads in the

area of the fuselage conduit seal housing and

the wing/nacelle fairleads. If any chafing is

found, prior to further flight, replace the

chafed cable with a serviceable cable.

(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,

Standardization Branch, ANM–113, 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, Standardization

Branch, ANM–113.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Standardization Branch,

ANM–113.

(c) Special flight permits may be issued in

accordance with sections 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.

Issued in Renton, Washington, on March

20, 1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–7686 Filed 3–25–97; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 96–NM–31–AD]

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: Supplemental notice of

proposed rulemaking; reopening of

comment period.

SUMMARY: This document revises an

earlier proposed airworthiness directive

(AD), applicable to certain Boeing

Model 727 and Model 737 series

airplanes, that would have required

replacement of the actuator of the

engine fuel shutoff valve and the fuel

system crossfeed valve with an

improved actuator. That proposal was

prompted by a report indicating that,

during laboratory tests, the actuator

clutch on the engine fuel shutoff and

crossfeed valves failed to function

properly. This action expands the

applicability of the proposed rule by

including an additional Kearfott

actuator that is subject to the addressed

unsafe condition. The actions specified

by this proposed 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: Comments must be received by

April 14, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 96–NM–

31–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Comments may be inspected at this

location between 9:00 a.m. and 3:00

p.m., Monday through Friday, except

Federal holidays.

The service information referenced in

the proposed rule 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 FAA, Transport

Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT:

Stephen S. Bray, Aerospace Engineer,

Propulsion Branch, ANM–140S, FAA,

Transport Airplane Directorate, Seattle

Aircraft Certification Office, 1601 Lind

Avenue, SW., Renton, Washington

98055–4056; telephone (206) 227–2175;

fax (206) 227–1181.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed rule by submitting such

written data, views, or arguments as

they may desire. Communications shall

identify the Rules Docket number and

be submitted in triplicate to the address

specified above. All communications

received on or before the closing date

for comments, specified above, will be

considered before taking action on the

proposed rule. The proposals contained

in this notice may be changed in light

of the comments received.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the proposed rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report

summarizing each FAA-public contact

concerned with the substance of this

proposal will be filed in the Rules

Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this notice

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 96–NM–31–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Availability of NPRMs

Any person may obtain a copy of this

NPRM by submitting a request to the

FAA, Transport Airplane Directorate,

ANM–103, Attention: Rules Docket No.

96–NM–31–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

A proposal to amend part 39 of the

Federal Aviation Regulations (14 CFR

part 39) to add an airworthiness

directive (AD), applicable to certain

Boeing Model 727 and 737 series

airplanes, was published as a notice of

proposed rulemaking (NPRM) in the

Federal Register on March 29, 1996 (61

FR 14034). That NPRM would have

required replacement of the actuator

having P/N 40574–5 (Kearfott Model

3715–9) on the fuel system crossfeed

valve and the engine shutoff valves

either with a new actuator having P/N

40574–4, or with an actuator having P/

N 40574–2 and a nameplate. That

NPRM was prompted by a report

indicating that, during laboratory tests,

the actuator clutch on the engine shutoff

and crossfeed valves failed to function

properly. That condition, if not

corrected, could result in 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 could also prevent the pilot

from shutting off the fuel to the engine

following an engine failure and/or fire.

Actions Since Issuance of Previous

Proposal

Due consideration has been given to

the comments received in response to

the NPRM:

Request for Clarification of What

Prompted the NPRM

One commenter points out that the

description of what prompted the

NPRM that appeared in the Summary

section of the preamble to the notice

states that ‘‘during laboratory tests, the

actuator clutch on the engine shutoff

valves slipped at cold temperatures due
14374 Federal Register / Vol. 62, No. 58 / Wednesday, March 26, 1997 / Proposed Rules

to improper functioning.’’ The

commenter states that, during the

laboratory tests, some of the Kearfott

Model 3715–7 actuators exhibited

operational problems (i.e., brush

binding) at cold temperatures, but the

Kearfott Models 3715–8 and –9 did not.

The commenter also states that, during

these tests, clutch binding occurred on

all three of these Kearfott models; this

situation could result in the actuator

failing before its normal life-limit.

The FAA finds that clarification of

this point is necessary. The commenter

is correct in pointing out that, during

the subject laboratory tests, brush

binding occurred only on the Kearfott

Model 3715–7 actuator. However, the

FAA finds that the clutch binding

occurred only on the Kearfott Models

3715–8 and –9 actuators during these

tests, and that the design of the Kearfott

Model 3715–7 actuator is subject to

clutch binding events like the Kearfott

Models 3715–8 and –9 actuators. In

order to generalize these points, the

FAA has revised the Summary and

Discussion sections in the preamble to

the Supplemental NPRM to indicate that

‘‘the engine shutoff and crossfeed valves

failed to function properly.’’

Request to Revise Discussion Section of

the Preamble

The same commenter notes that the

Discussion section of the preamble to

the NPRM states that, ‘‘an additional

fuel valve actuator having part number

(P/N) 40574–5 (Kearfott Model 3715–9)

installed on certain Model 727 and 737

series airplanes is also subject to the

same failure * * * addressed in AD 95–

15–06.’’ The commenter states that this

statement is incorrect. However, the

commenter makes no specific request

with regard to changing the proposed

AD.

The commenter points out that the

Kearfott Model 3715–9 actuator has a

clutch binding condition, whereas the

J.C. Carter P/N 40574–2 actuator

(Electromech Model EM 487–2 and –3),

addressed by AD 95–15–06, amendment

39–9309 (60 FR 37811, July 24, 1995),

has a clutch slippage condition. The

commenter also points out that the

Electromech Model EM–487–3 actuator

has a condition only apparent during

cold temperature operation, which

returns to normal at warmer

temperatures. In addition, the

commenter states that the Kearfott

Model 3715–9 actuator can result in a

hard failure, not a latent failure like the

Electromech Model EM 487–2 and –3

actuator.

The FAA acknowledges that the

statement quoted by the commenter

could be misleading. The FAA is aware

that the two failures associated with the

clutch on the Kearfott and Electromech

actuators are different in nature;

however, both of these failures result in

the same unsafe condition (i.e.,

improperly functioning actuators could

result in 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).

However, since the Discussion section

of the preamble to the originally

proposed NPRM is not restated in this

supplemental NPRM, no change to the

supplemental NPRM is necessary.

Request to Revise Descriptive Language

of the Referenced Service Bulletin

The same commenter also notes that

the description of the replacement

requirements that appeared in the

Discussion section of the preamble to

the NPRM refers to ‘‘actuators having P/

N 40574–2 (Kearfott Model 3715–7)

with nameplates * * *.’’ The

commenter states that this statement is

inaccurate since it implies that only

actuators manufactured by Kearfott are

acceptable for the subject replacement.

The commenter suggests that actuators

made by Kearfott are not acceptable

replacements, and suggests that a more

accurate description would be

‘‘actuators having P/N 40574–2 with

nameplates * * *.’’ The FAA

acknowledges that the commenter’s

wording is more accurate. However,

since this portion of the Discussion

section of the preamble to the originally

proposed NPRM is not restated in this

supplemental NPRM, no change to the

supplemental NPRM is necessary.

Clarification Concerning Acceptable

Replacement Actuators

Paragraph (a) of the original NPRM

indicates that ‘‘an actuator having P/N

40574–2 with a nameplate identified in

paragraph III, Material, of J.C. Carter

Company Service Bulletin 61163–28–

09, dated September 28, 1995,’’ is

considered to be an acceptable

replacement part. The FAA points out

that paragraph III of the service bulletin

includes a statement indicating that

only those actuators with nameplates

reflecting that they were made by

certain manufacturers (and identified as

Model 3715–7) are acceptable, except as

identified in Figure 1.0 of the service

bulletin. That figure specifies that only

certain actuators that have not been

affected by a manufacturer’s recall are

considered to be acceptable

replacements. The FAA has revised

paragraph (a) of the final rule to clarify

this information.

Request to Revise the Replacement

Requirements of the Proposed Rule

In addition, the same commenter

notes that, in the fifth paragraph of the

Discussion section of the preamble to

the NPRM, the FAA concluded that

actuators having P/N 40574–2 (Kearfott

Models 3715–7 and –8) currently are

required to be replaced in accordance

with AD 95–15–06; therefore, the

proposed AD would require

replacement only of actuators having P/

N 40574–5. The commenter points out

that Kearfott Models 3715–7 and –8

actuators are not covered under AD 95–

15–06. The commenter also points out

that these Kearfott actuators have the

potential to exhibit the same clutch

binding condition as actuators having P/

N 40564–5. Therefore, the commenter

requests that Kearfott Models 3715–7

and –8 actuators be made subject to the

requirements of the proposed rule.

The FAA concurs with the

commenter’s request. The FAA has

reviewed the applicability of AD 95–15–

06 and has determined that only

actuators having P/N 40574–2

(Electromech Model EM–487–3) are

subject to the requirements of that AD.

The FAA agrees that actuators having P/

N 40574–2 (Kearfott Models 3715–7 and

–8) are subject to the requirements of

this proposal. In light of this, the FAA

has revised the applicability and the

replacement requirement specified in

paragraph (a) of this supplemental

NPRM.

Conclusion

Since this change expands the scope

of the originally proposed rule, the FAA

has determined that it is necessary to

reopen the comment period to provide

additional opportunity for public

comment.

Cost Impact

There are approximately 4,137 Boeing

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 would be

affected by this proposed AD, that it

would take approximately 3 work hours

per airplane to accomplish the proposed

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

proposed 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 proposed requirements of this AD
Federal Register / Vol. 62, No. 58 / Wednesday, March 26, 1997 / Proposed Rules 14375

action, and that no operator would

accomplish those actions in the future if

this AD were not adopted.

Regulatory Impact

The regulations proposed herein

would 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

proposal would not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

For the reasons discussed above, I

certify that this proposed regulation (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) if

promulgated, 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 copy of the draft

regulatory evaluation prepared for this

action is contained in the Rules Docket.

A copy of it may be obtained by

contacting the Rules Docket at the

location provided under the caption

ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Safety.

The Proposed Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration proposes to amend part

39 of the 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.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

Boeing: 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

otherwise 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 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 40574–4, or an actuator

having P/N 40574–2 with a nameplate

identified in paragraph III, Material, of J.C.

Carter Company Service Bulletin 61163–28–

09, dated September 28, 1995, 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 J.C. Carter Company Service Bulletin

61163–28–09, dated September 28, 1995.

(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 sections 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.

Issued in Renton, Washington, on March

20, 1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–7687 Filed 3–25–97; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 71

[Airspace Docket No. 96–ASW–28]

Proposed Establishment of Class E

Airspace; New Mexico, NM

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: This notice proposes to

establish Class E airspace extending

upward from 1,200 feet above ground

level (AGL) within Restricted Area R–

5107B, and the portion of Restricted

Area R–5107A north of latitude

32°18′00′′N, located in south/central

New Mexico. These White Sands

Missile Range restricted areas are

currently excluded from Class E

airspace extending upward from 1,200

feet AGL within the boundary of the

state of New Mexico. The intended

effect of this proposal is to provide

controlled airspace for aircraft operating

within confines of Restricted Area R–

5107B and that portion of Restricted

Area R–5107A north of latitude

32°18′00′′N., White Sands Missile

Range, New Mexico, NM.

DATES: Comments must be received on

or before May 27, 1997.

ADDRESSES: Send comments on the

proposal in triplicate to Manager,

Airspace Branch, Air Traffic Division,

Federal Aviation Administration,

Southwest Region, Docket No. 96–

ASW–28, Fort Worth, TX 76193–0530.

The official docket may be examined in

the Office of the Assistant Chief

Counsel, Federal Aviation

Administration, Southwest Region, 2601

Meacham Boulevard, Forth Worth, TX,

between 9:00 a.m. and 3:00 p.m.,

Monday through Friday, except Federal

holidays. An informal docket may also

be examined during normal business

hours at the Airspace Branch, Air

Traffic Division, Federal Aviation

Administration, Southwest Region, 2601

Meacham Boulevard, Fort Worth, TX.

FOR FURTHER INFORMATION CONTACT:

Donald J. Day, Airspace Branch, Air

Traffic Division, Federal Aviation

Administration, Southwest Region, Fort

Worth, TX 76193–0530; telephone: (817)

222–5593.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested parties are invited to

participate in this proposed rulemaking

by submitting such written data, views,

or arguments as they may desire.

Comments that provide the factual basis

supporting the views and suggestions

presented are particularly helpful in

developing reasoned regulatory