[Federal Register Volume 61, Number 13 (Friday, January 19, 1996)]
[Proposed Rules]
[Pages 1298-1300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-489]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 93-CE-34-AD]
Airworthiness Directives; Jetstream Aircraft Limited (Formerly
British Aerospace, Regional Airlines Limited) Jetstream Model 3201
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Supplemental notice of proposed rulemaking (NPRM); Reopening of
the comment period.
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SUMMARY: This document proposes to revise an earlier proposed
airworthiness directive (AD) that would have required inspecting the
spigot housing plate at the wing/fuselage forward attachment sliding
joint on certain Jetstream Aircraft Limited (JAL) Model 3201 airplanes,
replacing any cracked or corroded part, and eventually replacing the
spigots and spigot housing plate with new parts of improved design. A
crack in the spigot housing plate assembly found during fatigue testing
of the affected airplanes prompted the proposed action. Since
publication of that proposal, the Federal Aviation Administration (FAA)
has determined that the proposed action is still a valid safety issue,
but should be accomplished in accordance with updated service
information. The proposed action revises the previous proposal by
referencing an updated service bulletin. The actions specified by the
proposed AD are intended to prevent structural failure of the wing/
fuselage area caused by a cracked spigot housing assembly. Since the
comment period for the original proposal has closed and the proposed
action goes beyond the scope of what was originally proposed, the FAA
is allowing additional time for the public to comment.
DATES: Comments must be received on or before March 22, 1996.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Central Region, Office of the Assistant Chief
Counsel, Attention: Rules Docket No. 93-CE-34-AD, Room 1558, 601 E.
12th Street, Kansas City, Missouri 64106. Comments may be inspected at
this location between 8 a.m. and 4 p.m., Monday through Friday,
holidays excepted.
Service information that applies to the proposed AD may be obtained
from Jetstream Aircraft Limited, Manager Product Support, Prestwick
Airport, Ayrshire, KA9 2RW Scotland; telephone (44-292) 79888;
facsimile (44-292) 79703; or Jetstream Aircraft Inc., Librarian, P.O.
Box 16029, Dulles International Airport, Washington, DC, 20041-6029;
telephone (703) 406-1161; facsimile (703) 406-1469. This information
also may be examined at the Rules Docket at the address above.
FOR FURTHER INFORMATION CONTACT: Ms. Dorenda Baker, Program Officer,
Brussels Aircraft Certification Office, FAA, Europe, Africa, and Middle
East Office, c/o American Embassy, B-1000 Brussels, Belgium; telephone
(322) 508-2715; facsimile (322) 230-6899; or Mr. Jeffrey Morfitt,
Project Officer, Small Airplane Directorate, Airplane Certification
Service, FAA, 1201 Walnut, suite 900, Kansas City, Missouri 64106;
telephone (816) 426-6932; facsimile (816) 426-2169.
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 should 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 that summarizes 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 No. 93-CE-34-AD.'' The postcard will be date stamped and
returned to the commenter.
Availability of Supplemental NPRMs
Any person may obtain a copy of this supplemental NPRM by
submitting a request to the FAA, Central Region, Office of the
Assistant Chief Counsel, Attention: Rules Docket No. 93-CE-34-AD, Room
1558, 601 E. 12th Street, Kansas City, Missouri 64106.
[[Page 1299]]
Discussion
A proposal to amend part 39 of the Federal Aviation Regulations (14
CFR part 39) to include an AD that would apply to certain Jetstream
Aircraft Limited (JAL) Jetstream Model 3201 airplanes was published in
the Federal Register on July 20, 1993 (58 FR 38732). The action
proposed to require inspecting the spigot housing plate at the wing/
fuselage forward attachment sliding joint, replacing any cracked or
corroded part, and eventually replacing the spigots and spigot housing
plate with new parts of improved design. The proposal would have been
accomplished in accordance with Jetstream Service Bulletin (SB) 57-JA
921144, dated March 4, 1993.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. One comment was received in favor of
the proposed rule and no comments were received concerning the FAA's
determination of the cost to the public.
JAL has revised SB No. 57-JA 921144 to the Revision 1 level (dated
April 19, 1994). This revision amends the installation instructions for
the new spigot housing plates to account for possible misalignment of
attachment holes, which could lead to elongation.
Since publication of the proposal, the FAA has re- examined various
service difficulty reports on the affected airplanes, determined that
the proposed modification is still a valid safety issue (but not
considered an urgent safety of flight issue), and determined that the
proposed action should be accomplished in accordance with the above-
referenced revised service bulletin. Since the comment period for the
original proposal has closed and the installation instructions in the
service bulletin have been amended, the FAA is reopening the comment
period to provide additional time for public comment.
The alternative to incorporating a new modified spigot and spigot
housing plate would be to require repetitive inspections. FAA aging
commuter-class aircraft policy states that reliance on critical
repetitive inspections carries an unnecessary safety risk when a design
change exists that could eliminate or, in certain instances, reduce the
number of those critical inspections. Therefore, the proposed action,
if incorporated as a final rule, would be consistent with the FAA's
aging commuter-class aircraft policy.
The FAA estimates that 120 airplanes in the U.S. registry would be
affected by the proposed AD, that it would take approximately 23
workhours per airplane to accomplish the proposed action, and that the
average labor rate is approximately $60 an hour. Parts will be provided
by the manufacturer at no cost to the owner/operator. Based on these
figures, the total cost impact of the proposed AD on U.S. operators is
estimated to be $165,600. These figures take into account that none of
the affected airplanes have the proposed modification incorporated.
Jetstream Aircraft Limited has informed the FAA that parts have
been distributed to equip approximately 30 airplanes (approximately 25
percent of the fleet in the U.S. registry). Assuming that each set of
parts is installed on an affected Jetstream Model 3201 airplane, the
proposed cost impact upon U.S. operators would be further reduced
$41,400 from $165,600 to $124,200.
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 action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under 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 has been placed 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 USC 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding a new airworthiness directive
(AD) to read as follows:
Jetstream Aircraft Limited: Docket No. 93-CE-34-AD.
Applicability: Jetstream Model 3201 airplanes (serial numbers
790 through 960), certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
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 (d) 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 after the effective date of
this AD, unless already accomplished.
To prevent structural failure of the wing/fuselage area caused
by a cracked spigot housing assembly, accomplish the following:
(a) Upon the accumulation of 7,200 hours time-in-service (TIS)
or within the next 500 hours TIS after the effective date of this
AD, whichever occurs later, inspect the spigot housing plate at the
wing/fuselage forward attachment sliding joint for corrosion or
cracks. Accomplish this inspection in accordance with Part 1 of the
ACCOMPLISHMENT INSTRUCTIONS section of Jetstream Service Bulletin
(SB) 57-JA 921144, Revision 1, dated April 19, 1994.
(1) If any corrosion or cracks are found, prior to further
flight, modify the spigot and spigot housing plate in accordance
with either Part 2 or Part 3, as applicable, of the ACCOMPLISHMENT
INSTRUCTIONS section of Jetstream SB 57-JA 921144, Revision 1, dated
April 19, 1994.
(2) If no corrosion or cracks are found, within the next 3,000
hours TIS after the inspection required by paragraph (a) of this AD,
modify the spigot and spigot housing plate in accordance with either
Part 2 or Part 3, as applicable, of the ACCOMPLISHMENT INSTRUCTIONS
section of Jetstream SB 57-JA 921144, Revision 1, dated April 19,
1994.
(b) Accomplishing the inspection required by this AD in
accordance with the original issue of Jetstream SB 57-JA 921144,
dated March 4, 1993, is considered already accomplished for that
particular portion of this AD.
(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.
(d) An alternative method of compliance or adjustment of the
compliance time that
[[Page 1300]]
provides an equivalent level of safety may be approved by the
Manager, Brussels Aircraft Certification Office (ACO), Europe,
Africa, Middle East office, FAA, c/o American Embassy, 1000
Brussels, Belgium. The request should be forwarded through an
appropriate FAA Maintenance Inspector, who may add comments and then
send it to the Manager, Brussels ACO.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Brussels ACO.
(e) All persons affected by this action may obtain copies of the
documents referred to herein upon request to Jetstream Aircraft
Limited, Manager Product Support, Prestwick Airport, Ayrshire, KA9
2RW Scotland; or Jetstream Aircraft Inc., Librarian, P.O. Box 16029,
Dulles International Airport, Washington, DC, 20041-6029; or may
examine these documents at the FAA, Central Region, Office of the
Assistant Chief Counsel, Room 1558, 601 E. 12th Street, Kansas City,
Missouri 64106.
Issued in Kansas City, Missouri, on January 4, 1996.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 96-489 Filed 1-18-96; 8:45 am]
BILLING CODE 4910-13-U
