Discussion
Has FAA Taken Any Action to This Point?
Reports of leaking JanAero fuel regulator shutoff valves found during routine aircraft inspections caused FAA to issue AD 2001-08-01, Amendment 39-12178 (66 FR 19718, April 17, 2001). This AD requires that you accomplish 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.
Accomplishment of these actions is required in accordance with JanAero Service Bulletin No. A-107, dated January 8, 2001.
The affected fuel regulator shutoff valves are part of the JanAero B1500, B2030, B2500, B3040, B3500, B4050, or B4500 combustion heater configuration.
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.
What Has Happened Since AD 2001-08-01 To Initiate This action?
Operators of aircraft with the affected fuel regulatory shutoff valves installed and mechanics who accomplished the actions of the AD provided suggestions for improvement to AD 2001-08-01. Based on this feedback, FAA is superseding AD 2001-08-01. Specifically, this feedback is as follows:
--FAA should only require the visual inspection or the pressure test, but not both;
--FAA should call out the specific fuel regulator shutoff valves by part number instead of series. A series designation allows the aircraft owner/operator to interpret the AD applicability instead of relying on a clear definitive applicability;
--FAA should allow disabling the heater as an alternative method of compliance to the actions of the AD; and
--FAA should include other minor clarifying revisions oradditions in the AD, such as including former names of JanAero Devices, Inc., adding the website of the manufacturer, and minor editorial corrections.
The FAA's Determination and an Explanation of the Provisions of This AD
What Has FAA Decided?
After examining the circumstances and reviewing all available information related to the subject above, we have determined that:
--The unsafe condition referenced in this document still exists or could develop on type design aircraft equipped with either a JanAero B1500, B2030, B2500, B3040, B3500, B4050, or B4500 combustion heater;
--The previously-referenced issues specified in the feedback presented to FAA from the public should be incorporated into AD 2001-08-01; and -AD action should be taken in order to correct this unsafe condition.
What Would This AD Require?
This AD supersedes AD 2001-08-01 with a new AD that retains the actions of AD 2001-08-01, except only the visual inspection or the pressure test isrequired instead of both. This AD also specifically calls out the specific fuel regulator shutoff valves by part number instead of series, includes provisions for disabling the heater as an alternative method of compliance, and makes other minor clarifying revisions or additions to the AD.
Accomplishment of this AD is still required in accordance with JanAero Service Bulletin No. A-107, dated January 8, 2001.
Will I Have the Opportunity To Comment Prior to the Issuance of the Rule?
Because the unsafe condition described in this document could result in an aircraft fire with consequent damage or destruction, FAA finds that notice and opportunity for public prior comment are impracticable. Therefore, good cause exists for making this amendment effective in less than 30 days.
Comments Invited
How Do I Comment on This AD?
Although this action is in the form of a final rule and was not preceded by notice and opportunity for public comment, we invite your commentson the rule. You may submit whatever written data, views, or arguments you choose. You need to include the rule's docket number and submit your comments in triplicate to the address specified under the caption ADDRESSES. We will consider all comments received on or before the closing date specified above. We may amend this rule in light of comments received. Factual information that supports your ideas and suggestions is extremely helpful in evaluating the effectiveness of the AD action and determining whether we need to take additional rulemaking action.
Are There Any Specific Portions of the AD I Should Pay Attention to?
The FAA specifically invites comments on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify the rule. You may examine all comments we receive before and after the closing date of the rule in the Rules Docket. We will file a report in the Rules Docket that summarizes each FAA contact with the public that concerns the substantive parts of this AD.
We are reviewing the writing style we currently use in regulatory documents, in response to the Presidential memorandum of June 1, 1998. That memorandum requires federal agencies to communicate more clearly with the public. We are interested in your comments on whether the style of this document is clear, and any other suggestions you might have to improve the clarity of FAA communications that affect you. You can get more information about the Presidential memorandum and the plain language initiative at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from
=leavingFR.html&log=linklog&to=http://www.plainlanguage.go v.
How Can I Be Sure FAA Receives My Comment?
If you want us to acknowledge the receipt of your comments, you must include a self-addressed, stamped postcard. On the postcard, write "Comments to Docket No. 2001-CE-26-AD." We will date stamp and mail the postcard back to you.
Regulatory Impact
Does This AD Impact Various Entities?
These regulations 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. Therefore, FAA has determined that this final rule does not have federalism implications under Executive Order 13132.
Does This AD Involve a Significant Rule or Regulatory Action?
The FAA has determined that this regulation is an emergency regulation that must be issued immediately to correct an unsafe condition in aircraft, and is not a significant regulatory action under Executive Order 12866. It has been determined further that this action involves an emergency regulation under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979). If it is determined that this emergency regulation otherwise would be significant under DOT Regulatory Policies and Procedures, a final regulatory evaluation will be prepared and placed in the Rules Docket (otherwise, an evaluation is not required). A copy of it, if filed, may be obtained from the Rules Docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by Reference, Safety.
Adoption of the Amendment
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
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. FAA amends Sec. 39.13 by removing Airworthiness Directive (AD) 2001-08-01, Amendment 39-12178 (66 FR 19718, April 17, 2001), and by adding a new AD to read as follows: