Airworthiness Directives; Sierra Hotel Aero, Inc. Models Navion (L-17A), Navion A (L-17B), (L-17C), Navion B, Navion D, Navion E, Navion F, Navion G, and Navion H Airplanes, 13087-13093 [E8-4267]

Download as PDF 13087 Federal Register / Vol. 73, No. 49 / Wednesday, March 12, 2008 / Rules and Regulations (m) If any damage to the trunnion is found during any inspection required by paragraph (g) or (h) of this AD, before further flight, do the corrective actions specified in Airbus Service Bulletin A320–57–1133, Revision 03, dated July 3, 2007. Grace Period Assessment (n) Where Airbus Service Bulletin A320– 57–1133, Revision 03, dated July 3, 2007, specifies contacting the manufacturer for a grace period assessment after replacing the trunnion or flap, contact the Manager, International Branch, ANM–116; or the ´ ´ Direction Generale de l’Aviation Civile (or its delegated agent) for the grace period assessment. No Reporting Requirement (o) Although Airbus Service Bulletin A320–57–1133, Revision 03, dated July 3, 2007, specifies to submit certain information to the manufacturer, this AD does not include that requirement. Alternate Inspections (p) For Model A321–211 and –231 airplanes that have not been modified in accordance with Airbus Modification 26495, or on which the actions specified in Airbus Service Bulletin A320–27–1117, Revision 04, dated November 6, 2001, have not been done as of the effective date of this AD: Do the inspections specified in Airbus Service Bulletin A320–27–1108, Revision 04, dated November 22, 1999; at the applicable time specified in paragraph 1.E., ‘‘Compliance’’ of the service bulletin; except, where the service bulletin specifies a compliance time after the date of French airworthiness directive 96– 271–092(B), this AD requires compliance within the specified compliance time after the effective date of this AD. Do all applicable corrective actions before further flight. Do the actions in accordance with the Accomplishment Instructions of the service bulletin. Alternative Methods of Compliance (AMOCs) (q)(1) The Manager, International Branch, ANM–116, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19. (2) AMOCs approved previously in accordance with AD 2006–04–06, amendment 39–14487, are approved as AMOCs for the corresponding provisions of this AD. (3) To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. Related Information (r) French airworthiness directive F–2005– 139, dated August 3, 2005, also addresses the subject of this AD. Material Incorporated by Reference (s) You must use the service information contained in Table 1 of this AD to do the actions required by this AD, unless the AD specifies otherwise. TABLE 1.—ALL MATERIAL INCORPORATED BY REFERENCE Airbus Service Bulletin No. Revision Date A320–27–1117 .................................................................................................................................. A320–27–1117 .................................................................................................................................. A320–57–1133, excluding Appendix 01 ........................................................................................... A320–57–1133 .................................................................................................................................. A320–57–1133, excluding Appendix 01 ........................................................................................... 02 ................................. 04 ................................. Original ......................... 01 ................................. 03 ................................. January 18, 2000. November 6, 2001. July 28, 2005. August 7, 2006. July 3, 2007. (1) The Director of the Federal Register approved the incorporation by reference of the service information contained in Table 2 of this AD in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. TABLE 2.—NEW MATERIAL INCORPORATED BY REFERENCE Airbus Service Bulletin No. Revision jlentini on PROD1PC65 with RULES A320–27–1117 .................................................................................................................................................... A320–57–1133 .................................................................................................................................................... A320–57–1133, excluding Appendix 01 ............................................................................................................. (2) On March 24, 2006 (71 FR 8439, February 17, 2006), the Director of the Federal Register approved the incorporation by reference of Airbus Service Bulletin A320–57–1133, excluding Appendix 01, dated July 28, 2005. (3) On January 8, 2001 (65 FR 75603, December 4, 2000), the Director of the Federal Register approved the incorporation by reference of Airbus Service Bulletin A320–27–1117, Revision 02, dated January 18, 2000. (4) Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France, for a copy of this service information. You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, VerDate Aug<31>2005 17:40 Mar 11, 2008 Jkt 214001 04 01 03 Date November 6, 2001. August 7, 2006. July 3, 2007. or go to: https://www.archives.gov/federalregister/cfr/ibr-locations.html. DEPARTMENT OF TRANSPORTATION Issued in Renton, Washington, on February 25, 2008. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8–3989 Filed 3–11–08; 8:45 am] Federal Aviation Administration BILLING CODE 4910–13–P PO 00000 14 CFR Part 39 [Docket No. FAA–2007–27611; Directorate Identifier 2007–CE–024–AD; Amendment 39–15408; AD 2008–05–14] RIN 2120–AA64 Airworthiness Directives; Sierra Hotel Aero, Inc. Models Navion (L–17A), Navion A (L–17B), (L–17C), Navion B, Navion D, Navion E, Navion F, Navion G, and Navion H Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\12MRR1.SGM 12MRR1 13088 Federal Register / Vol. 73, No. 49 / Wednesday, March 12, 2008 / Rules and Regulations SUMMARY: The FAA adopts a new airworthiness directive (AD) for all Sierra Hotel Aero, Inc. (formerly Navion Aircraft LLC) Models Navion (L–17A), Navion A (L–17B), (L–17C), Navion B, Navion D, Navion E, Navion F, Navion G, and Navion H airplanes. This AD requires you to do a one-time inspection of the entire fuel system and repetitive functional tests of certain fuel selector valves. This AD results from reports of airplane accidents associated with leaking or improperly operating fuel selector valves. We are issuing this AD to detect and correct fuel system leaks or improperly operating fuel selector valves, which could result in the disruption of fuel flow to the engine. This failure could lead to engine power loss. DATES: This AD becomes effective on April 16, 2008. On April 16, 2008, the Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD. ADDRESSES: To get the service information identified in this AD, contact the following: —For Sierra Hotel Aero, Inc. service information contact: Sierra Hotel Aero, 1690 Aeronca Lane, South St. Paul, MN 55075; phone: (651) 306– 1456; fax: (612) 677–3171; Internet: https://www.navion.com/ servicebulletins.html; e-mail: servicebulletinsupport@navion.com. —For American Navion Society (ANS) service information contact: American Navion Society, Ltd., PMB 335, 16420 SE McGillivray #103, Vancouver, WA 98683–3461; telephone: (360) 833– 9921; fax: (360) 833–1074; e-mail: flynavion@yahoo.com. To view the AD docket, go to U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, or on the Internet at https:// www.regulations.gov. The docket number is FAA–2007–27611; Directorate Identifier 2007–CE–024–AD. FOR FURTHER INFORMATION CONTACT: Tim Smyth, Aerospace Engineer, Chicago Aircraft Certification Office (ACO), 2300 East Devon Avenue, Room 107, Des Plaines, Illinois 60018; telephone: (847) 294–7132; fax: (847) 294–7834. SUPPLEMENTARY INFORMATION: jlentini on PROD1PC65 with RULES Discussion On April 6, 2007, 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 all Sierra Hotel Aero, Inc. Models Navion VerDate Aug<31>2005 17:40 Mar 11, 2008 Jkt 214001 (L–17A), Navion A (L–17B), (L–17C), Navion B, Navion D, Navion E, Navion F, Navion G, and Navion H airplanes. This proposal was published in the Federal Register as a notice of proposed rulemaking (NPRM) on April 12, 2007 (72 FR 18413). The NPRM proposed to detect and correct fuel system leaks or improperly operating fuel selector valves, which could result in the disruption of fuel flow to the engine. Comments We provided the public the opportunity to participate in developing this AD. The FAA has reviewed 111 public comments submitted to the docket pertaining to the proposed rulemaking activity which would impose a mandatory airworthiness inspection on all Navion airplane fuel systems. This proposed action includes testing of the fuel system selector valve for proper operation and replacement with a serviceable unit if necessary. The public responded to this published notice with significant personal and technical information. The FAA appreciates the detailed technical information submitted for consideration in addressing this important airworthiness issue. Many commenters spent a considerable amount of time researching and organizing extensive data to support their positions and to help the FAA address this unsafe condition. In addition, several commenters provided their Navion airplane system knowledge and expertise by proposing alternative corrective actions that will benefit all Navion owners and operators. This is one of the benefits of the rulemaking process. It became clear that the majority of commenters were presenting similar points or positions. Because of this, we have grouped and categorized similar statements or positions. A total of 19 categories have been developed with a statement that summarizes the viewpoints, information, or position(s) submitted by the commenters. The FAA has addressed each summarized statement below. The following presents the comments received on the proposal and FAA’s response to each comment: Comment Issue No. 1: Data Does Not Support Issuance of an AD Richard W. Crapse and 38 other commenters believe the accident database information and other service difficulty reporting data does not support the issuance of an AD and requests the NPRM be withdrawn. The FAA does not agree. There have been a number of Navion accident PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 investigations where it has been determined that the fuel selector valve condition contributed to the cause of the accident. The overall number of accidents is small (nine accidents generally related to the fuel system with three of those reported accidents directly citing the fuel valve in the preliminary NTSB reports as a potential cause in the accidents). However, these reports have highlighted the fact that some selector valves may be reaching the limit of their serviceable life (many over 50 years old) and require additional inspections, checks, maintenance, or replacement to help address continued airworthiness. We are not changing the final rule AD action based on this comment. Comment Issue No. 2: The Corrective Action Could Create Safety Problems John B. Conklin and 18 other commenters state the proposed service information corrective action could create more safety problems than it would solve. We infer that they think the corrective actions should be modified to eliminate potential problems the current proposed corrective actions would cause. The FAA partially agrees. The FAA is always cognizant that inspections, checks, or modifications can potentially create maintenance induced errors that can affect continued airworthiness. However, the FAA believes the procedures in the service information minimize this potential concern. We believe this action addresses the unsafe condition for these airplanes while minimizing the risk of introducing new safety hazards. We are not changing the final rule AD action based on this comment. Comment Issue No. 3: There Are Other Fuel System Related Safety Issues Ripley Quinby and 12 other commenters cite that there are potentially more fuel system related safety issues than just the selector valve (e.g., engine primer system, gascolator, flexible fuel lines, etc.). We infer the commenters believe we should take additional AD action. Based on the submitted comments and data, it has been shown that a comprehensive fuel system inspection or check would enhance the continued airworthiness of the Navion airplane. The FAA appreciates the commenter’s input regarding other potential safety issues and will monitor the continued airworthiness of the Navion airplanes. The FAA may take additional rulemaking action on these airplanes. We are not changing the final rule AD action based on this comment. E:\FR\FM\12MRR1.SGM 12MRR1 Federal Register / Vol. 73, No. 49 / Wednesday, March 12, 2008 / Rules and Regulations Comment Issue No. 4: The Vacuum Test Is Too Severe William Wade and 17 other commenters state the proposed 24 inches of mercury vacuum test is too severe and will potentially fail good fuel selector valves. The type certificate (TC) holder’s published procedure does not have a calibration standard to ensure accurate testing results and at high altitude locations 24 inches of mercury vacuum may be impossible to obtain. The commenters request we decrease the mercury vacuum test to less than the 24 inches required in the TC holder’s service bulletin. The FAA partially agrees. The FAA accepted the TC holder’s 24 inches of mercury vacuum test as the proper value to ensure fuel selector integrity. Because of the rigorous standard cited by the TC holder, it is not necessary to have a calibration standard procedure to compare against. The published service bulletin procedure is conservative enough to account for some deviation in the testing procedure and still address the continued airworthiness of the fuel selector valve. In regards to high altitude vacuum testing, we have changed the AD to allow for a 1 inch of mercury reduction from the 24 inches of mercury standard for every 1,000 feet of pressure altitude over sea level testing conditions. We have also added the ANS Field Service Bulletin No. 1001, dated April 30, 2007, as an option to comply with this AD. The public stated and FAA recognizes that the Navion fuel system actually creates a fuel system vacuum of less than 10 inches of mercury. The FAA will consider an alternative method of compliance (AMOC) to this requirement. The public is encouraged to submit substantiating data to support an alternative approach. jlentini on PROD1PC65 with RULES Comment Issue No. 5: Add AMOCs Aircraft Owners and Pilots Association (AOPA) and ANS along with 49 other commenters request that the FAA consider AMOCs to the published service documentation cited in the NPRM. The FAA agrees. The FAA has reviewed the ANS Field Service Bulletin No. 1001, dated April 30, 2007, and has added this option to the AD. In addition, several commenters submitted documentation showing that certain manufactured fuel selector valves can be serviced in the field by airframe and powerplant (A&P) mechanics or other appropriately rated facilities. Finally, several commenters cite other airplane manufacturer (TC holder) service information that describes simplified VerDate Aug<31>2005 17:40 Mar 11, 2008 Jkt 214001 testing methods to ascertain the continued airworthiness of the entire fuel system. If the commenters formalize and tailor these methods for the Navion airplane, the FAA will review and consider all AMOC requests we receive provided they follow the procedures in 14 CFR 39.19 and this AD. We are changing the final rule AD action by adding ANS Field Service Bulletin No. 1001, dated April 30, 2007, as an option to comply with this AD. Comment Issue No. 6: The Replacement Fuel Selector Valve Orifice Is Undersized Richard E. Holmes and 11 other commenters question the replacement fuel selector valve orifice size to provide adequate fuel flow for larger engine installations. They question whether the required fuel selector outlet orifice size needs to be larger than what is currently specified in the TC holder’s service documentation. The FAA researched this issue and found that the replacement fuel selector valve that is specified in the AD provides adequate flow requirements for the larger engine installations and satisfies 14 CFR part 23 fuel flow compliance requirements. Several commenters also submitted extensive service experience showing acceptable fuel flow rates for the valves installed in Navion airplanes. We are not changing the final rule AD action based on this comment. Comment Issue No. 7: Delron Parts Richard B. Olwin and four other commenters question the TC holder’s position that Delron (‘‘Plastic’’) parts in certain fuel selector valve designs cause a safety issue. They request that the FAA allow the use of fuel selector valves that have plastic parts. The FAA agrees with this comment. We have looked into this issue and found that FAA-approved parts manufacturer approval (PMA) fuel selector valves with plastic parts in their design exist. No service difficulty reports directly related to this issue were found. We will continue to monitor these parts, but at this time we find no unsafe condition. The fuel selector valves required in the service information for this AD do not contain plastic parts. If someone wants to use a fuel selector valve with plastic parts, the FAA will review and consider all AMOC requests we receive provided they follow the procedures in 14 CFR 39.19 and this AD. We are not changing the final rule AD action based on this comment. PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 13089 Comment Issue No. 8: Navion Fuel System Is An Unsafe Condition Richard E. Holmes cites a Navion Fuel system accumulator tank issue, and he thinks we infer that this tank needs replacing. He requests that we clarify whether this issue is part of our AD actions. We agree that the accumulator tank is part of the fuel system, and we require a one-time inspection of the entire fuel system. However, this AD action is not focused on the accumulator tank but on the fuel selector valve. Although the fuel system accumulator tank is outside the scope of this rulemaking effort, we researched this issue and found no service difficulty data to show this to be an unsafe condition. We are not changing the final rule AD action based on this comment. Comment Issue No. 9: Reference Documents Richard E. Holmes requests we provide the referenced documentation cited in the NPRM. This information is available in the AD docket file and can be accessed by the public. The street address for the Docket Office (telephone (800) 647– 5527) is in the ADDRESSES section. In addition, the TC holder has this information available at their Web site https://www.sierrahotelaero.com. Comment Issue No. 10: Lack of Proper Maintenance Andrew B. Woodside and eight other commenters believe the fuel system problems can be traced back to lack of proper maintenance. They request the AD action be withdrawn. The FAA agrees that maintenance has contributed to the unsafe condition. If proper maintenance is being performed, the likelihood of having air introduced into the engine, which may cause loss of power, is minimized. In one instance, the owner had maintenance performed on his fuel selector valve to fix a leaking problem, but it appears this repair caused a power loss on takeoff. However, because of the actual reported accidents and their associated cause, the FAA has determined that the existing continued airworthiness instructions are inadequate and additional fuel system inspections and corrective actions are needed to help maintain the continued airworthiness of the Navion airplanes. We are not changing the final rule AD action based on this comment. Comment Issue No. 11: Unclear AD Matt Hunsaker and six other commenters state the AD is not well thought out. They request we withdraw the proposed AD action. E:\FR\FM\12MRR1.SGM 12MRR1 13090 Federal Register / Vol. 73, No. 49 / Wednesday, March 12, 2008 / Rules and Regulations The FAA disagrees. Service history and the NPRM published on April 12, 2007, substantiate why we should take corrective action to address this unsafe condition. The TC holder has developed and published what they believe is the proper corrective action to address the unsafe condition. We have changed the final rule AD action to include another compliance action as an option based on the response to the NPRM. Moreover, the public may always propose AMOCs to show compliance to the corrective action requirements cited in the AD. The FAA will review and consider all AMOC requests we receive provided they follow the procedures in 14 CFR 39.19 and this AD. Comment Issue No. 12: AD Will Make Money for TC Holder Leo Burke and 15 other commenters state the TC holder is using the AD process to make money for the TC holder. They request the AD be revised to allow other methods of compliance. The FAA disagrees that the AD process is being used for monetary gain. We issue ADs when an unsafe condition has been identified and the condition is likely to exist or develop in other products of the same type design (14 CFR 39.5). Service history and the NPRM published on April 12, 2007, substantiate why we should take corrective action to address this unsafe condition. Our regulatory responsibility does not address whether the TC holder’s service bulletins are profitable, only whether they fully address the identified unsafe condition. We have reviewed and added another option for addressing the unsafe condition in this final rule AD action. We will also review other AMOC requests we receive provided they follow the procedures in 14 CFR 39.19 and this AD. Comment Issue No. 13: Add Sierra Hotel Aero, Inc. Service Bulletin 101A Sierra Hotel Aero, Inc. and one other commenter suggest we add Sierra Hotel Aero, Inc. Navion Service Bulletin No. 106A, dated May 1, 2007, to the final rule AD. FAA agrees to add this service bulletin, which provides instructions to replace the fuel selector valve. jlentini on PROD1PC65 with RULES Comment Issue No. 14: Difference in Fuel Selector Valve Operation Ron Natalie and four other commenters cite that the replacement fuel selector valves may operate differently causing pilot confusion and fuel mismanagement accidents. They VerDate Aug<31>2005 17:40 Mar 11, 2008 Jkt 214001 request that the AD address potential changes in the fuel selector operation. The FAA agrees there are several valve options to replace a defective valve and not all these valve options operate exactly the same way. One valve design has a mechanical lockout stop that prevents the pilot from selecting the fuel shutoff position without a separate and distinct action. The valve placard labeling may be somewhat different. There can be 3-position or as many as a 5-position valve design installed. There may be more than one fuel selector in the fuel system. Because of field-approved and supplemental type certificate (STC) fuel system modifications, there are variations in the field. It is the responsibility of the pilot to understand the fuel system he or she is operating and be well versed in the fuel management procedures for that particular airplane. We are not changing the final rule AD action based on this comment. Comment Issue No. 15: Continued Airworthiness Information Andrew B. Woodside suggests that Navion owners have access to the continued airworthiness information, acquire it, and use it. The FAA agrees. We provide the contact information for obtaining additional information from both Sierra Hotel Aero (TC Holder) and the American Navion Society in paragraph (h)(2) of this final rule AD action. Comment Issue No. 16: Modified Fuel Systems Tony B. Russell and six other commenters state the NPRM does not address modified Navion fuel systems accomplished by field approval, STC, or other appropriate methods. The FAA partially agrees. The FAA recognizes that many Navion airplanes have modified fuel systems that can include auxiliary fuel and wing tip fuel tanks. However, we have no way of determining which airplanes have modified fuel systems that could include auxiliary fuel and wing tip fuel tanks, and therefore, we cannot exempt these airplanes from the AD. We are not changing the final rule AD action based on this comment. The FAA will consider AMOC requests to satisfy the AD compliance requirements. This can be accomplished on a case-by-case basis, or in the case of an STC holder they can submit an AMOC proposal for their STC design approval provided they follow the procedures in 14 CFR 39.19 and this AD. PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 Comment Issue No. 17: Different Testing Acceptance Criteria Maynard Keith Franklin and three other commenters cite that other Navion service documentation defines different (higher) leak rates for other fuel system components (e.g., gascolator) than what is defined in the fuel selector valve testing requirements. They request that we standardize the leakage rates for the fuel system inspection. The FAA partially agrees. The FAA determined that there are other acceptable leak rates that might be lower than the rate cited in the TC holder’s service bulletin. Those previous Navion maintenance publications for fuel system components include the fuel system gascolator. For this final rule action, we are using the TC holder’s requirements cited in the current service bulletin to address the test and acceptance criteria for the fuel selector. However, if someone submits substantiating data, the FAA will review and consider all AMOC requests we receive provided they follow the procedures in 14 CFR 39.19 and this AD to show compliance with the TC holder’s published service documentation. We are not changing the final rule AD action based on this comment. Comment Issue No. 18: Unsafe Installation of Replacement Fuel Selector Valve Ron Judy and six other commenters state that the proposed replacement valve may cause installation safety issues. They request that we or the TC holder provide instructions that address installation fit problems for all aircraft. The FAA disagrees. After discussing with the TC holder, we have confirmed the proposed replacement valve can be properly installed. We have also confirmed with a representative of ANS that a replacement valve can be properly installed. Any discrepancy that is found during installation must be handled on a case-by-case basis and documented using FAA Form 337. We are not changing the final rule AD action based on this comment. Comment Issue No. 19: Repair of Fuel Selector Valve Mike Pettaway and three other commenters state that an A&P mechanic can repair a fuel selector valve since that type of repair is cited in the (A&P) practical testing standards. The FAA partially agrees. It is true that an A&P mechanic is trained to disassemble, repair, and re-assemble various components and assemblies; however, even when this type of work E:\FR\FM\12MRR1.SGM 12MRR1 Federal Register / Vol. 73, No. 49 / Wednesday, March 12, 2008 / Rules and Regulations is performed in the field, the work must be accomplished with some form of FAA accepted or approved data (e.g. manufacturer service instruction(s), manufacturer’s service bulletins, maintenance manuals, etc.). The mechanic does not have the authority to perform repairs on the fuel selector valve itself without the manufacturer’s supporting continued airworthiness data or an FAA-approved or accepted procedure. We are not changing this final rule AD action based on this comment. Conclusion 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 previously discussed and minor editorial corrections. We have determined that these minor corrections: 13091 • 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. Costs of Compliance We estimate that this AD affects 1,500 airplanes in the U.S. registry. We estimate the following costs to do the inspection: Labor cost Parts cost Total cost per airplane Total cost on U.S. operators 7 work-hours × $80 per hour = $560 .......................................................................................... N/A $560 $840,000 We estimate the following costs to do any necessary replacements that would be required based on the results of the inspection. We have no way of determining the number of airplanes that may need this repair/replacement: Labor cost Parts cost Total cost per airplane 3 work-hours × $80 per hour = $240 ........................................................................................................................ $1,000 $1,240 Authority for This Rulemaking 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. jlentini on PROD1PC65 with RULES Regulatory Findings 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. For the reasons discussed above, I certify that this AD: VerDate Aug<31>2005 17:40 Mar 11, 2008 Jkt 214001 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–2007–27611; Directorate Identifier 2007–CE–024– 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 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: I PART 39—AIRWORTHINESS DIRECTIVES PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 § 39.13 [Amended] I 2. FAA amends § 39.13 by adding a new AD to read as follows: 2008–05–14 Sierra Hotel Aero, Inc.: Amendment 39–15408; Docket No. FAA–2007–27611; Directorate Identifier 2007–CE–024–AD. Effective Date (a) This AD becomes effective on April 16, 2008. Affected ADs (b) None. Applicability (c) This AD applies to Models Navion (L– 17A), Navion A (L–17B), (L–17C), Navion B, Navion D, Navion E, Navion F, Navion G, and Navion H airplanes, all serial numbers, that are certificated in any category. Unsafe Condition (d) This AD results from reported airplane accidents associated with leaking or improperly operating fuel system selector valves. We are issuing this AD to detect and correct fuel system leaks or improperly operating fuel selector valves, which could result in the disruption of fuel flow to the engine. This failure could lead to engine power loss. Compliance 1. The authority citation for part 39 continues to read as follows: I Authority: 49 U.S.C. 106(g), 40113, 44701. (e) To address this problem, you must do the following actions, unless already done: E:\FR\FM\12MRR1.SGM 12MRR1 13092 Federal Register / Vol. 73, No. 49 / Wednesday, March 12, 2008 / Rules and Regulations TABLE 1.—ACTIONS, COMPLIANCE, AND PROCEDURES Actions Compliance Procedures (1) Do a one-time inspection of the entire fuel system. Within the next 100 hours time-in-service (TIS) after April 16, 2008 (the effective date of this AD) or within the next 12 months after April 16, 2008 (the effective date of this AD), whichever occurs first. Initially within the next 100 hours time-in-service (TIS) after April 16, 2008 (the effective date of this AD) or within the next 12 months after April 16, 2008 (the effective date of this AD), whichever occurs first. Repetitively thereafter inspect and do functional tests of the fuel selector valve at intervals not to exceed 12 months until the replacement required by paragraph (e)(3) of this AD is done. Before further flight after any inspection required by this AD where corrective actions are necessary. You may at any time after April 16, 2008 (the effective date of this AD) replace the fuel selector valve with the applicable P/N as specified in the service information as terminating action for the repetitive inspections and functional tests required in paragraph (e)(2) of this AD. Follow Sierra Hotel Aero, Inc. Navion Service Bulletin No. 106A, dated May 1, 2007; or American Navion Society, Ltd. Field Service Bulletin No. 1001, dated April 30, 2007. to which the AMOC applies, notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. Internet: https://www.navion.com/ servicebulletins.html; e-mail: servicebulletinsupport@navion.com. (ii) For American Navion Society service information contact: American Navion Society, Ltd., PMB 335, 16420 SE McGillivray #103, Vancouver, WA 98683– 3461; telephone: (360) 833–9921; fax: (360) 833–1074; e-mail: flynavion@yahoo.com. (3) You may review copies at the FAA, Central Region, Office of the Regional Counsel, 901 Locust, Kansas City, Missouri 64106; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: https://www.archives.gov/federal_register/ code_of_federal_regulations/ ibr_locations.html. (2) Unless within the last 5 years you have replaced the fuel selector valve with one of the valves specified in paragraphs (e)(3)(i) or (e)(3)(ii) of this AD, do the functional tests of the fuel selector valves. If using Sierra Hotel Aero, Inc. service information, you may allow for a 1 inch of mercury reduction from the 24 inches of mercury standard for every 1000 feet of altitude over sea level testing conditions. (3) If during any of the inspections or tests required in paragraphs (e)(1) or (e)(2) of this AD you find any defects, perform any corrective actions required, including replacing the fuel selector valve with one of the part numbers (P/N) specified in paragraphs (e)(3)(i) or (e)(3)(ii) of this AD. (f) If within the last 5 years or at any time after April 16, 2008 (the effective date of this AD) you have replaced the fuel selector valve with any of the valves specified in paragraphs (e)(3)(i) and (e)(3)(ii) of this AD you may terminate the repetitive inspections and functional tests of the fuel selector valve required in paragraph (e)(2) of this AD. Alternative Methods of Compliance (AMOCs) (g) The Manager, Chicago Aircraft Certification Office, FAA, ATTN: Tim Smyth, Aerospace Engineer, 2300 East Devon Avenue, Room 107, Des Plaines, Illinois 60018; telephone: (847) 294–7132; fax: (847) 294–7834, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Before using any approved AMOC on any airplane Material Incorporated by Reference (h) You must use the service information specified in Table 2 of this AD to do the actions required by this AD, unless the AD specifies otherwise. (1) The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51. (2) For service information identified in this AD, contact the following: (i) For Sierra Hotel Aero, Inc. service information contact: Sierra Hotel Aero, 1690 Aeronca Lane, South St. Paul, MN 55075; phone: (651) 306–1456; fax: (612) 677–3171; Follow Sierra Hotel Aero, Inc. Navion Service Bulletin No. 106A, dated May 1, 2007; or American Navion Society, Ltd. Field Service Bulletin No. 1001, dated April 30, 2007. (i) For replacement with Navion P/Ns 147– 30013–201, 147–30013–202, or 147– 30013–203 use the following service information: (A) Sierra Hotel Aero, Inc. Navion Service Bulletin No. 106A, dated May 1, 2007. (B) Sierra Hotel Aero, Inc. Navion Service Bulletin No. 101A, dated August 23, 2005. (C) Navion Aircraft Corporation Navion Service letter #87, dated February 20, 1965. (ii) For replacement with Navion P/Ns 145– 48000–ANSI, 145–48000–ANS2, 145– 48000–ANS3, or Osborne Tank Co. P/N 4090, submit proposed installation procedures following the alternative method of compliance (AMOC) procedures specified in paragraph (g) of this AD. TABLE 2.—MATERIAL INCORPORATED BY REFERENCE Revision Date Sierra Hotel Aero, Inc., Navion Service Bulletin No. 106 A ............................................................................... Sierra Hotel Aero, Inc., Navion Service Bulletin No. 101A ................................................................................. Navion Aircraft Corporation Navion Service Letter No. 87 ................................................................................. American Navion Society, Ltd. Field Service Bulletin No. 1001 ......................................................................... jlentini on PROD1PC65 with RULES Service Bulletin No. 1 1 .................... .................... May 1, 2007. August 23, 2005. February 20, 1965. April 30, 2007. VerDate Aug<31>2005 17:40 Mar 11, 2008 Jkt 214001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\12MRR1.SGM 12MRR1 Federal Register / Vol. 73, No. 49 / Wednesday, March 12, 2008 / Rules and Regulations Issued in Kansas City, Missouri, on February 28, 2008. David R. Showers, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E8–4267 Filed 3–11–08; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2007–0229; Directorate Identifier 2007–NM–042–AD; Amendment 39–15417; AD 2008–06–05] RIN 2120–AA64 Airworthiness Directives; Airbus Model A330–200, A330–300, A340–200, and A340–300 Series Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: The FAA is superseding an existing airworthiness directive (AD), which applies to all Airbus Model A330–200, A330–300, A340–200, and A340–300 series airplanes. That AD currently requires a revision of the airplane flight manual to include procedures for a pre-flight elevator check before each flight, repetitive inspections for cracks of the attachment lugs of the mode selector valve position transducers on the elevator servo controls, and corrective actions if necessary. This new AD retains the existing requirements, reduces the applicability of the existing AD, and adds terminating actions. For certain airplanes, this AD requires upgrading the flight control primary computers. This AD results from a report of cracks of the transducer body at its attachment lugs. We are issuing this AD to ensure proper functioning of the elevator surfaces, and to prevent cracking of the attachment lugs, which could result in partial loss of elevator function and consequent reduced controllability of the airplane. DATES: This AD becomes effective April 16, 2008. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of April 16, 2008. ADDRESSES: For service information identified in this AD, contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France. jlentini on PROD1PC65 with RULES SUMMARY: VerDate Aug<31>2005 17:40 Mar 11, 2008 Jkt 214001 Examining the AD Docket You may examine the AD docket on the Internet at https:// www.regulations.gov; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (telephone 800–647–5527) is the Document Management Facility, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Tim Backman, Aerospace Engineer, International Branch, ANM–116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 227–2797; fax (425) 227–1149. SUPPLEMENTARY INFORMATION: Discussion The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that supersedes AD 2004–03–24, amendment 39–13468 (69 FR 6549, February 11, 2004). The existing AD applies to all Airbus Model A330–200, A330–300, A340–200, and A340–300 series airplanes. That NPRM was published in the Federal Register on November 26, 2007 (72 FR 65897). That NPRM proposed to retain the existing requirements, reduce the applicability of the existing AD, and add terminating actions. New Service Information Airbus has issued Revision 03 of Airbus Service Bulletins A330–27–3115 and A340–27–4119, both dated April 22, 2005. In the NPRM, we referred to Revision 02 dated December 30, 2003, of those service bulletins as the appropriate sources of service information for accomplishing certain required actions. Revision 03 of the service bulletins updates the operator and aircraft effectivity to show the latest information. No additional work is required by this revision of the service bulletins. We have changed paragraph (h) of this AD to refer to Airbus Service Bulletins A330–27–3115 and A340–27– 4119, both Revision 03, both dated April 22, 2005. We have also added paragraph (h)(3) to the AD to give credit to operators that have done the actions PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 13093 previously in accordance with Revision 02 of those service bulletins. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comment that has been received on the NPRM. Request To Extend Compliance Time for the Modification Air Transport Association (ATA) and one of its members, Northwest Airlines (NWA), state that the terminating action specified in the proposed AD should be mandated at a maximum of 24 months after the effective date for coordination with the aircraft C-check intervals. NWA adds that the repetitive tests of the elevator servo-loops will ensure continued safe operation until terminating action is accomplished. We do not agree with the request from ATA and NWA to extend the compliance time. In developing an appropriate compliance time for this action, we considered the urgency associated with the subject unsafe condition, the availability of required parts, and the practical aspect of accomplishing the required modification within a period of time that corresponds to the normal scheduled maintenance for most affected operators. In light of these items, we have determined that a 17month compliance time is appropriate. However, according to the provisions of paragraph (p) of the AD, we might approve requests to adjust the compliance time if the request includes data that justify that the new compliance time would provide an acceptable level of safety. Conclusion We have carefully reviewed the available data, including the comment that has been received, and determined that air safety and the public interest require adopting the AD with the changes described previously. We have determined that these changes will neither increase the economic burden on any operator nor increase the scope of the AD. Costs of Compliance The following table provides the estimated costs for U.S. operators of the affected Model A330–200 and A330– 300 series airplanes to comply with this AD. E:\FR\FM\12MRR1.SGM 12MRR1

Agencies

[Federal Register Volume 73, Number 49 (Wednesday, March 12, 2008)]
[Rules and Regulations]
[Pages 13087-13093]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4267]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27611; Directorate Identifier 2007-CE-024-AD;
Amendment 39-15408; AD 2008-05-14]
RIN 2120-AA64

Airworthiness Directives; Sierra Hotel Aero, Inc. Models Navion
(L-17A), Navion A (L-17B), (L-17C), Navion B, Navion D, Navion E,
Navion F, Navion G, and Navion H Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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[[Page 13088]]

SUMMARY: The FAA adopts a new airworthiness directive (AD) for all
Sierra Hotel Aero, Inc. (formerly Navion Aircraft LLC) Models Navion
(L-17A), Navion A (L-17B), (L-17C), Navion B, Navion D, Navion E,
Navion F, Navion G, and Navion H airplanes. This AD requires you to do
a one-time inspection of the entire fuel system and repetitive
functional tests of certain fuel selector valves. This AD results from
reports of airplane accidents associated with leaking or improperly
operating fuel selector valves. We are issuing this AD to detect and
correct fuel system leaks or improperly operating fuel selector valves,
which could result in the disruption of fuel flow to the engine. This
failure could lead to engine power loss.

DATES: This AD becomes effective on April 16, 2008.
On April 16, 2008, the Director of the Federal Register approved
the incorporation by reference of certain publications listed in this
AD.

ADDRESSES: To get the service information identified in this AD,
contact the following:

--For Sierra Hotel Aero, Inc. service information contact: Sierra Hotel
Aero, 1690 Aeronca Lane, South St. Paul, MN 55075; phone: (651) 306-
1456; fax: (612) 677-3171; Internet: https://www.navion.com/
servicebulletins.html; e-mail: servicebulletinsupport@navion.com.
--For American Navion Society (ANS) service information contact:
American Navion Society, Ltd., PMB 335, 16420 SE McGillivray
103, Vancouver, WA 98683-3461; telephone: (360) 833-9921; fax:
(360) 833-1074; e-mail: flynavion@yahoo.com.

To view the AD docket, go to U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue, SE., Washington, DC 20590, or on the Internet at
https://www.regulations.gov. The docket number is FAA-2007-27611;
Directorate Identifier 2007-CE-024-AD.

FOR FURTHER INFORMATION CONTACT: Tim Smyth, Aerospace Engineer, Chicago
Aircraft Certification Office (ACO), 2300 East Devon Avenue, Room 107,
Des Plaines, Illinois 60018; telephone: (847) 294-7132; fax: (847) 294-
7834.

SUPPLEMENTARY INFORMATION:

Discussion

On April 6, 2007, 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 all Sierra Hotel Aero, Inc. Models Navion (L-17A),
Navion A (L-17B), (L-17C), Navion B, Navion D, Navion E, Navion F,
Navion G, and Navion H airplanes. This proposal was published in the
Federal Register as a notice of proposed rulemaking (NPRM) on April 12,
2007 (72 FR 18413). The NPRM proposed to detect and correct fuel system
leaks or improperly operating fuel selector valves, which could result
in the disruption of fuel flow to the engine.

Comments

We provided the public the opportunity to participate in developing
this AD. The FAA has reviewed 111 public comments submitted to the
docket pertaining to the proposed rulemaking activity which would
impose a mandatory airworthiness inspection on all Navion airplane fuel
systems. This proposed action includes testing of the fuel system
selector valve for proper operation and replacement with a serviceable
unit if necessary. The public responded to this published notice with
significant personal and technical information. The FAA appreciates the
detailed technical information submitted for consideration in
addressing this important airworthiness issue. Many commenters spent a
considerable amount of time researching and organizing extensive data
to support their positions and to help the FAA address this unsafe
condition. In addition, several commenters provided their Navion
airplane system knowledge and expertise by proposing alternative
corrective actions that will benefit all Navion owners and operators.
This is one of the benefits of the rulemaking process.
It became clear that the majority of commenters were presenting
similar points or positions. Because of this, we have grouped and
categorized similar statements or positions. A total of 19 categories
have been developed with a statement that summarizes the viewpoints,
information, or position(s) submitted by the commenters. The FAA has
addressed each summarized statement below.
The following presents the comments received on the proposal and
FAA's response to each comment:

Comment Issue No. 1: Data Does Not Support Issuance of an AD

Richard W. Crapse and 38 other commenters believe the accident
database information and other service difficulty reporting data does
not support the issuance of an AD and requests the NPRM be withdrawn.
The FAA does not agree. There have been a number of Navion accident
investigations where it has been determined that the fuel selector
valve condition contributed to the cause of the accident. The overall
number of accidents is small (nine accidents generally related to the
fuel system with three of those reported accidents directly citing the
fuel valve in the preliminary NTSB reports as a potential cause in the
accidents). However, these reports have highlighted the fact that some
selector valves may be reaching the limit of their serviceable life
(many over 50 years old) and require additional inspections, checks,
maintenance, or replacement to help address continued airworthiness.
We are not changing the final rule AD action based on this comment.

Comment Issue No. 2: The Corrective Action Could Create Safety Problems

John B. Conklin and 18 other commenters state the proposed service
information corrective action could create more safety problems than it
would solve. We infer that they think the corrective actions should be
modified to eliminate potential problems the current proposed
corrective actions would cause.
The FAA partially agrees. The FAA is always cognizant that
inspections, checks, or modifications can potentially create
maintenance induced errors that can affect continued airworthiness.
However, the FAA believes the procedures in the service information
minimize this potential concern. We believe this action addresses the
unsafe condition for these airplanes while minimizing the risk of
introducing new safety hazards.
We are not changing the final rule AD action based on this comment.

Comment Issue No. 3: There Are Other Fuel System Related Safety Issues

Ripley Quinby and 12 other commenters cite that there are
potentially more fuel system related safety issues than just the
selector valve (e.g., engine primer system, gascolator, flexible fuel
lines, etc.). We infer the commenters believe we should take additional
AD action.
Based on the submitted comments and data, it has been shown that a
comprehensive fuel system inspection or check would enhance the
continued airworthiness of the Navion airplane. The FAA appreciates the
commenter's input regarding other potential safety issues and will
monitor the continued airworthiness of the Navion airplanes. The FAA
may take additional rulemaking action on these airplanes.
We are not changing the final rule AD action based on this comment.

[[Page 13089]]

Comment Issue No. 4: The Vacuum Test Is Too Severe

William Wade and 17 other commenters state the proposed 24 inches
of mercury vacuum test is too severe and will potentially fail good
fuel selector valves. The type certificate (TC) holder's published
procedure does not have a calibration standard to ensure accurate
testing results and at high altitude locations 24 inches of mercury
vacuum may be impossible to obtain. The commenters request we decrease
the mercury vacuum test to less than the 24 inches required in the TC
holder's service bulletin.
The FAA partially agrees. The FAA accepted the TC holder's 24
inches of mercury vacuum test as the proper value to ensure fuel
selector integrity. Because of the rigorous standard cited by the TC
holder, it is not necessary to have a calibration standard procedure to
compare against. The published service bulletin procedure is
conservative enough to account for some deviation in the testing
procedure and still address the continued airworthiness of the fuel
selector valve.
In regards to high altitude vacuum testing, we have changed the AD
to allow for a 1 inch of mercury reduction from the 24 inches of
mercury standard for every 1,000 feet of pressure altitude over sea
level testing conditions. We have also added the ANS Field Service
Bulletin No. 1001, dated April 30, 2007, as an option to comply with
this AD. The public stated and FAA recognizes that the Navion fuel
system actually creates a fuel system vacuum of less than 10 inches of
mercury. The FAA will consider an alternative method of compliance
(AMOC) to this requirement. The public is encouraged to submit
substantiating data to support an alternative approach.

Comment Issue No. 5: Add AMOCs

Aircraft Owners and Pilots Association (AOPA) and ANS along with 49
other commenters request that the FAA consider AMOCs to the published
service documentation cited in the NPRM.
The FAA agrees. The FAA has reviewed the ANS Field Service Bulletin
No. 1001, dated April 30, 2007, and has added this option to the AD. In
addition, several commenters submitted documentation showing that
certain manufactured fuel selector valves can be serviced in the field
by airframe and powerplant (A&P) mechanics or other appropriately rated
facilities. Finally, several commenters cite other airplane
manufacturer (TC holder) service information that describes simplified
testing methods to ascertain the continued airworthiness of the entire
fuel system. If the commenters formalize and tailor these methods for
the Navion airplane, the FAA will review and consider all AMOC requests
we receive provided they follow the procedures in 14 CFR 39.19 and this
AD.
We are changing the final rule AD action by adding ANS Field
Service Bulletin No. 1001, dated April 30, 2007, as an option to comply
with this AD.

Comment Issue No. 6: The Replacement Fuel Selector Valve Orifice Is
Undersized

Richard E. Holmes and 11 other commenters question the replacement
fuel selector valve orifice size to provide adequate fuel flow for
larger engine installations. They question whether the required fuel
selector outlet orifice size needs to be larger than what is currently
specified in the TC holder's service documentation.
The FAA researched this issue and found that the replacement fuel
selector valve that is specified in the AD provides adequate flow
requirements for the larger engine installations and satisfies 14 CFR
part 23 fuel flow compliance requirements. Several commenters also
submitted extensive service experience showing acceptable fuel flow
rates for the valves installed in Navion airplanes.
We are not changing the final rule AD action based on this comment.

Comment Issue No. 7: Delron Parts

Richard B. Olwin and four other commenters question the TC holder's
position that Delron (``Plastic'') parts in certain fuel selector valve
designs cause a safety issue. They request that the FAA allow the use
of fuel selector valves that have plastic parts.
The FAA agrees with this comment. We have looked into this issue
and found that FAA-approved parts manufacturer approval (PMA) fuel
selector valves with plastic parts in their design exist. No service
difficulty reports directly related to this issue were found. We will
continue to monitor these parts, but at this time we find no unsafe
condition.
The fuel selector valves required in the service information for
this AD do not contain plastic parts. If someone wants to use a fuel
selector valve with plastic parts, the FAA will review and consider all
AMOC requests we receive provided they follow the procedures in 14 CFR
39.19 and this AD.
We are not changing the final rule AD action based on this comment.

Comment Issue No. 8: Navion Fuel System Is An Unsafe Condition

Richard E. Holmes cites a Navion Fuel system accumulator tank
issue, and he thinks we infer that this tank needs replacing. He
requests that we clarify whether this issue is part of our AD actions.
We agree that the accumulator tank is part of the fuel system, and
we require a one-time inspection of the entire fuel system. However,
this AD action is not focused on the accumulator tank but on the fuel
selector valve. Although the fuel system accumulator tank is outside
the scope of this rulemaking effort, we researched this issue and found
no service difficulty data to show this to be an unsafe condition.
We are not changing the final rule AD action based on this comment.

Comment Issue No. 9: Reference Documents

Richard E. Holmes requests we provide the referenced documentation
cited in the NPRM.
This information is available in the AD docket file and can be
accessed by the public. The street address for the Docket Office
(telephone (800) 647-5527) is in the ADDRESSES section. In addition,
the TC holder has this information available at their Web site https://
www.sierrahotelaero.com.

Comment Issue No. 10: Lack of Proper Maintenance

Andrew B. Woodside and eight other commenters believe the fuel
system problems can be traced back to lack of proper maintenance. They
request the AD action be withdrawn.
The FAA agrees that maintenance has contributed to the unsafe
condition. If proper maintenance is being performed, the likelihood of
having air introduced into the engine, which may cause loss of power,
is minimized. In one instance, the owner had maintenance performed on
his fuel selector valve to fix a leaking problem, but it appears this
repair caused a power loss on takeoff. However, because of the actual
reported accidents and their associated cause, the FAA has determined
that the existing continued airworthiness instructions are inadequate
and additional fuel system inspections and corrective actions are
needed to help maintain the continued airworthiness of the Navion
airplanes.
We are not changing the final rule AD action based on this comment.

Comment Issue No. 11: Unclear AD

Matt Hunsaker and six other commenters state the AD is not well
thought out. They request we withdraw the proposed AD action.

[[Page 13090]]

The FAA disagrees. Service history and the NPRM published on April
12, 2007, substantiate why we should take corrective action to address
this unsafe condition. The TC holder has developed and published what
they believe is the proper corrective action to address the unsafe
condition.
We have changed the final rule AD action to include another
compliance action as an option based on the response to the NPRM.
Moreover, the public may always propose AMOCs to show compliance to the
corrective action requirements cited in the AD. The FAA will review and
consider all AMOC requests we receive provided they follow the
procedures in 14 CFR 39.19 and this AD.

Comment Issue No. 12: AD Will Make Money for TC Holder

Leo Burke and 15 other commenters state the TC holder is using the
AD process to make money for the TC holder. They request the AD be
revised to allow other methods of compliance.
The FAA disagrees that the AD process is being used for monetary
gain. We issue ADs when an unsafe condition has been identified and the
condition is likely to exist or develop in other products of the same
type design (14 CFR 39.5). Service history and the NPRM published on
April 12, 2007, substantiate why we should take corrective action to
address this unsafe condition. Our regulatory responsibility does not
address whether the TC holder's service bulletins are profitable, only
whether they fully address the identified unsafe condition.
We have reviewed and added another option for addressing the unsafe
condition in this final rule AD action. We will also review other AMOC
requests we receive provided they follow the procedures in 14 CFR 39.19
and this AD.

Comment Issue No. 13: Add Sierra Hotel Aero, Inc. Service Bulletin 101A

Sierra Hotel Aero, Inc. and one other commenter suggest we add
Sierra Hotel Aero, Inc. Navion Service Bulletin No. 106A, dated May 1,
2007, to the final rule AD.
FAA agrees to add this service bulletin, which provides
instructions to replace the fuel selector valve.

Comment Issue No. 14: Difference in Fuel Selector Valve Operation

Ron Natalie and four other commenters cite that the replacement
fuel selector valves may operate differently causing pilot confusion
and fuel mismanagement accidents. They request that the AD address
potential changes in the fuel selector operation.
The FAA agrees there are several valve options to replace a
defective valve and not all these valve options operate exactly the
same way. One valve design has a mechanical lockout stop that prevents
the pilot from selecting the fuel shutoff position without a separate
and distinct action. The valve placard labeling may be somewhat
different. There can be 3-position or as many as a 5-position valve
design installed. There may be more than one fuel selector in the fuel
system. Because of field-approved and supplemental type certificate
(STC) fuel system modifications, there are variations in the field. It
is the responsibility of the pilot to understand the fuel system he or
she is operating and be well versed in the fuel management procedures
for that particular airplane.
We are not changing the final rule AD action based on this comment.

Comment Issue No. 15: Continued Airworthiness Information

Andrew B. Woodside suggests that Navion owners have access to the
continued airworthiness information, acquire it, and use it.
The FAA agrees. We provide the contact information for obtaining
additional information from both Sierra Hotel Aero (TC Holder) and the
American Navion Society in paragraph (h)(2) of this final rule AD
action.

Comment Issue No. 16: Modified Fuel Systems

Tony B. Russell and six other commenters state the NPRM does not
address modified Navion fuel systems accomplished by field approval,
STC, or other appropriate methods.
The FAA partially agrees. The FAA recognizes that many Navion
airplanes have modified fuel systems that can include auxiliary fuel
and wing tip fuel tanks. However, we have no way of determining which
airplanes have modified fuel systems that could include auxiliary fuel
and wing tip fuel tanks, and therefore, we cannot exempt these
airplanes from the AD.
We are not changing the final rule AD action based on this comment.
The FAA will consider AMOC requests to satisfy the AD compliance
requirements. This can be accomplished on a case-by-case basis, or in
the case of an STC holder they can submit an AMOC proposal for their
STC design approval provided they follow the procedures in 14 CFR 39.19
and this AD.

Comment Issue No. 17: Different Testing Acceptance Criteria

Maynard Keith Franklin and three other commenters cite that other
Navion service documentation defines different (higher) leak rates for
other fuel system components (e.g., gascolator) than what is defined in
the fuel selector valve testing requirements. They request that we
standardize the leakage rates for the fuel system inspection.
The FAA partially agrees. The FAA determined that there are other
acceptable leak rates that might be lower than the rate cited in the TC
holder's service bulletin. Those previous Navion maintenance
publications for fuel system components include the fuel system
gascolator. For this final rule action, we are using the TC holder's
requirements cited in the current service bulletin to address the test
and acceptance criteria for the fuel selector. However, if someone
submits substantiating data, the FAA will review and consider all AMOC
requests we receive provided they follow the procedures in 14 CFR 39.19
and this AD to show compliance with the TC holder's published service
documentation.
We are not changing the final rule AD action based on this comment.

Comment Issue No. 18: Unsafe Installation of Replacement Fuel Selector
Valve

Ron Judy and six other commenters state that the proposed
replacement valve may cause installation safety issues. They request
that we or the TC holder provide instructions that address installation
fit problems for all aircraft.
The FAA disagrees. After discussing with the TC holder, we have
confirmed the proposed replacement valve can be properly installed. We
have also confirmed with a representative of ANS that a replacement
valve can be properly installed. Any discrepancy that is found during
installation must be handled on a case-by-case basis and documented
using FAA Form 337.
We are not changing the final rule AD action based on this comment.

Comment Issue No. 19: Repair of Fuel Selector Valve

Mike Pettaway and three other commenters state that an A&P mechanic
can repair a fuel selector valve since that type of repair is cited in
the (A&P) practical testing standards.
The FAA partially agrees. It is true that an A&P mechanic is
trained to disassemble, repair, and re-assemble various components and
assemblies; however, even when this type of work

[[Page 13091]]

is performed in the field, the work must be accomplished with some form
of FAA accepted or approved data (e.g. manufacturer service
instruction(s), manufacturer's service bulletins, maintenance manuals,
etc.). The mechanic does not have the authority to perform repairs on
the fuel selector valve itself without the manufacturer's supporting
continued airworthiness data or an FAA-approved or accepted procedure.
We are not changing this final rule AD action based on this
comment.

Conclusion

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 previously discussed and minor editorial
corrections. We have determined that these 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.

Costs of Compliance

We estimate that this AD affects 1,500 airplanes in the U.S.
registry.
We estimate the following costs to do the inspection:

----------------------------------------------------------------------------------------------------------------
Total cost per Total cost on
Labor cost Parts cost airplane U.S. operators
----------------------------------------------------------------------------------------------------------------
7 work-hours x $80 per hour = $560........................... N/A $560 $840,000
----------------------------------------------------------------------------------------------------------------

We estimate the following costs to do any necessary replacements
that would be required based on the results of the inspection. We have
no way of determining the number of airplanes that may need this
repair/replacement:

------------------------------------------------------------------------
Total cost
Labor cost Parts cost per airplane
------------------------------------------------------------------------
3 work-hours x $80 per hour = $240...... $1,000 $1,240
------------------------------------------------------------------------

Authority for This Rulemaking

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

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.
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-2007-27611; Directorate Identifier 2007-CE-024-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. FAA amends Sec. 39.13 by adding a new AD to read as follows:

2008-05-14 Sierra Hotel Aero, Inc.: Amendment 39-15408; Docket No.
FAA-2007-27611; Directorate Identifier 2007-CE-024-AD.

Effective Date

(a) This AD becomes effective on April 16, 2008.

Affected ADs

(b) None.

Applicability

(c) This AD applies to Models Navion (L-17A), Navion A (L-17B),
(L-17C), Navion B, Navion D, Navion E, Navion F, Navion G, and
Navion H airplanes, all serial numbers, that are certificated in any
category.

Unsafe Condition

(d) This AD results from reported airplane accidents associated
with leaking or improperly operating fuel system selector valves. We
are issuing this AD to detect and correct fuel system leaks or
improperly operating fuel selector valves, which could result in the
disruption of fuel flow to the engine. This failure could lead to
engine power loss.

Compliance

(e) To address this problem, you must do the following actions,
unless already done:

[[Page 13092]]

TABLE 1.--Actions, Compliance, and Procedures
------------------------------------------------------------------------
Actions Compliance Procedures
------------------------------------------------------------------------
(1) Do a one-time inspection of Within the next Follow Sierra
the entire fuel system. 100 hours time-in- Hotel Aero, Inc.
service (TIS) Navion Service
after April 16, Bulletin No.
2008 (the 106A, dated May
effective date of 1, 2007; or
this AD) or American Navion
within the next Society, Ltd.
12 months after Field Service
April 16, 2008 Bulletin No.
(the effective 1001, dated April
date of this AD), 30, 2007.
whichever occurs
first.
(2) Unless within the last 5 Initially within Follow Sierra
years you have replaced the the next 100 Hotel Aero, Inc.
fuel selector valve with one of hours time-in- Navion Service
the valves specified in service (TIS) Bulletin No.
paragraphs (e)(3)(i) or after April 16, 106A, dated May
(e)(3)(ii) of this AD, do the 2008 (the 1, 2007; or
functional tests of the fuel effective date of American Navion
selector valves. If using this AD) or Society, Ltd.
Sierra Hotel Aero, Inc. service within the next Field Service
information, you may allow for 12 months after Bulletin No.
a 1 inch of mercury reduction April 16, 2008 1001, dated April
from the 24 inches of mercury (the effective 30, 2007.
standard for every 1000 feet of date of this AD),
altitude over sea level testing whichever occurs
conditions. first.
Repetitively
thereafter
inspect and do
functional tests
of the fuel
selector valve at
intervals not to
exceed 12 months
until the
replacement
required by
paragraph (e)(3)
of this AD is
done.
(3) If during any of the Before further (i) For
inspections or tests required flight after any replacement with
in paragraphs (e)(1) or (e)(2) inspection Navion P/Ns 147-
of this AD you find any required by this 30013-201, 147-
defects, perform any corrective AD where 30013-202, or 147-
actions required, including corrective 30013-203 use the
replacing the fuel selector actions are following service
valve with one of the part necessary. You information:
numbers (P/N) specified in may at any time (A) Sierra Hotel
paragraphs (e)(3)(i) or after April 16, Aero, Inc. Navion
(e)(3)(ii) of this AD. 2008 (the Service Bulletin
effective date of No. 106A, dated
this AD) replace May 1, 2007.
the fuel selector (B) Sierra Hotel
valve with the Aero, Inc. Navion
applicable P/N as Service Bulletin
specified in the No. 101A, dated
service August 23, 2005.
information as (C) Navion
terminating Aircraft
action for the Corporation
repetitive Navion Service
inspections and letter 87, dated
required in February 20,
paragraph (e)(2) 1965.
of this AD. (ii) For
replacement with
Navion P/Ns 145-
48000-ANSI, 145-
48000-ANS2, 145-
48000-ANS3, or
Osborne Tank Co.
P/N 4090, submit
proposed
installation
procedures
following the
alternative
method of
compliance (AMOC)
procedures
specified in
paragraph (g) of
this AD.
------------------------------------------------------------------------

(f) If within the last 5 years or at any time after April 16,
2008 (the effective date of this AD) you have replaced the fuel
selector valve with any of the valves specified in paragraphs
(e)(3)(i) and (e)(3)(ii) of this AD you may terminate the repetitive
inspections and functional tests of the fuel selector valve required
in paragraph (e)(2) of this AD.

Alternative Methods of Compliance (AMOCs)

(g) The Manager, Chicago Aircraft Certification Office, FAA,
ATTN: Tim Smyth, Aerospace Engineer, 2300 East Devon Avenue, Room
107, Des Plaines, Illinois 60018; telephone: (847) 294-7132; fax:
(847) 294-7834, has the authority to approve AMOCs for this AD, if
requested using the procedures found in 14 CFR 39.19. Before using
any approved AMOC on any airplane to which the AMOC applies, notify
your appropriate principal inspector (PI) in the FAA Flight
Standards District Office (FSDO), or lacking a PI, your local FSDO.

Material Incorporated by Reference

(h) You must use the service information specified in Table 2 of
this AD to do the actions required by this AD, unless the AD
specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact the
following:
(i) For Sierra Hotel Aero, Inc. service information contact:
Sierra Hotel Aero, 1690 Aeronca Lane, South St. Paul, MN 55075;
phone: (651) 306-1456; fax: (612) 677-3171; Internet: https://
www.navion.com/servicebulletins.html; e-mail:
servicebulletinsupport@navion.com.
(ii) For American Navion Society service information contact:
American Navion Society, Ltd., PMB 335, 16420 SE McGillivray
103, Vancouver, WA 98683-3461; telephone: (360) 833-9921;
fax: (360) 833-1074; e-mail: flynavion@yahoo.com.
(3) You may review copies at the FAA, Central Region, Office of
the Regional Counsel, 901 Locust, Kansas City, Missouri 64106; or at
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-
741-6030, or go to: https://www.archives.gov/federal_register/code_
of_federal_regulations/ibr_locations.html.

Table 2.--Material Incorporated by Reference
------------------------------------------------------------------------
Service Bulletin No. Revision Date
------------------------------------------------------------------------
Sierra Hotel Aero, Inc., Navion 1 May 1, 2007.
Service Bulletin No. 106 A.
Sierra Hotel Aero, Inc., Navion 1 August 23, 2005.
Service Bulletin No. 101A.
Navion Aircraft Corporation ........... February 20, 1965.
Navion Service Letter No. 87.
American Navion Society, Ltd. ........... April 30, 2007.
Field Service Bulletin No.
1001.
------------------------------------------------------------------------

[[Page 13093]]

Issued in Kansas City, Missouri, on February 28, 2008.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-4267 Filed 3-11-08; 8:45 am]
BILLING CODE 4910-13-P

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