[Federal Register Volume 59, Number 197 (Thursday, October 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25292]
[[Page Unknown]]
[Federal Register: October 13, 1994]
14 CFR Part 39
[Docket No. 94-CE-14-AD]
Airworthiness Directives; Jetstream Aircraft Limited (Formerly
British Aerospace, Regional Airlines Limited) HP137 Mk1 and Jetstream
Series 200 Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: This document proposes to supersede AD 81-09-03 R1, which
currently requires repetitively inspecting the rudder pedal adjusting
mounting bracket for cracks on Jetstream Aircraft Limited (JAL) HP137
Mk1 and Jetstream series 200 airplanes, and replacing any cracked
bracket. The Federal Aviation Administration's policy on aging
commuter-class aircraft is to eliminate, or in certain instances,
reduce the number of repetitions of certain short-interval inspections
when improved parts or modifications are available. The proposed action
would require replacing the mounting bracket with a new mounting
bracket of improved design as terminating action for the repetitive
inspections that are currently required by AD 81-09-03 R1. The actions
specified in the proposed AD are intended to prevent inadvertent rudder
movement caused by a cracked rudder pedal adjusting mounting bracket,
which could result in loss of rudder control.
DATES: Comments must be received on or before December 16, 1994.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Central Region, Office of the Assistant Chief
Counsel, Attention: Rules Docket No. 94-CE-14-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: Mr. Raymond A. Stoer, Program Officer,
Brussels Aircraft Certification Office, FAA, Europe, Africa, and Middle
East Office, c/o American Embassy, B-1000 Brussels, Belgium; telephone
(322) 513.3830; facsimile (322) 230.6899; or Mr. John P. Dow, Sr.,
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. 94-CE-14-AD.'' The postcard will be date stamped and
returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Central Region, Office of the Assistant Chief Counsel,
Attention: Rules Docket No. 94-CE-14-AD, Room 1558, 601 E. 12th Street,
Kansas City, Missouri 64106.
Discussion
The FAA has determined that reliance on critical repetitive
inspections on aging commuter-class airplanes carries an unnecessary
safety risk when a design change exists that could eliminate, or in
certain instances, reduce the number of repetitions of those critical
inspections. In determining what inspections are critical, the FAA
considers (1) the safety consequences of the airplane if the known
problem is not detected by the inspection; (2) the reliability of the
inspection such as the probability of not detecting the known problem;
(3) whether the inspection area is difficult to access; and (4) the
possibility of damage to an adjacent structure as a result of the
problem.
These factors have led the FAA to establish an aging commuter-class
aircraft policy that requires incorporating a known design change when
it could replace a critical repetitive inspection. With this policy in
mind, the FAA recently conducted a review of existing AD's that apply
to JAL HP137 Mk1 and Jetstream series 200 airplanes. Assisting the FAA
in this review were (1) the Civil Aviation Authority (CAA), which is
the airworthiness authority for the United Kingdom; (2) JAL; (3) the
Regional Airlines Association (RAA); and (4) several U.S. and foreign
operators of the affected airplanes.
From this review, the FAA has identified AD 81-09-03 R1, Amendment
39-4150, as one that should be superseded with a new AD that would
require a modification that could eliminate the need for short-interval
and critical repetitive inspections. AD 81-09-03 R1 currently requires
repetitively inspecting the rudder pedal adjusting mounting bracket for
cracks on Jetstream Aircraft Limited HP137 Mk1 and Jetstream series 200
airplanes, and replacing any cracked bracket.
JAL has developed Modification No. 5162, which introduces a new
rudder pedal adjusting mounting bracket with increased sectional
dimension, part number (P/N) 1379111E 1. Included with this
modification are Instructions to Modification No. 5162, Part 1 and Part
2, Issue 1, dated June 1981.
As a result of the previously discussed AD review, the CAA listed
the actions specified in the referenced service instructions as
mandatory with CAA AD 003-07-81 in order to assure the continued
airworthiness of these airplanes in the United Kingdom.
This airplane model is manufactured in the United Kingdom and is
type certificated for operation in the United States under the
provisions of section 21.29 of the Federal Aviation Regulations (14 CFR
21.29) and the applicable bilateral airworthiness agreement. Pursuant
to this bilateral airworthiness agreement, the CAA has kept the FAA
informed of the situation described above.
Based on its aging commuter-class aircraft policy and after
reviewing all available information including that received from the
CAA, the FAA has determined that AD action should be taken to (1)
eliminate the repetitive short-interval inspections required by AD 81-
09-03 R1, Amendment 39-4150; and (2) continue preventing inadvertent
rudder movement caused by a cracked rudder pedal adjusting mounting
bracket, which could result in loss of rudder control.
Since an unsafe condition has been identified that is likely to
exist or develop in other JAL HP137 Mk1 and Jetstream series 200
airplanes of the same type design, the proposed AD would supersede AD
81-09-03 R1 with a new AD that would (1) retain the inspections of the
rudder pedal adjusting mounting bracket for cracks and require
replacing any cracked part as required by the current AD; and (2)
require replacing this mounting bracket with an improved part of
increased sectional dimension, P/N 1379111E 1, as terminating action
for the repetitive inspections. The proposed inspection would be
accomplished in accordance with Jetstream Service Bulletin No. 9/10,
dated April 28, 1981. The proposed replacement would be accomplished in
accordance with the Instructions to Modification No. 5162, Part 1 and
Part 2, Issue 1, dated June 1981.
The FAA estimates that 11 airplanes in the U.S. registry would be
affected by the proposed AD, that it would take approximately 160
workhours per airplane to accomplish the proposed modification, and
that the average labor rate is approximately $55 an hour. Parts cost
approximately $1,800 per airplane. Based on these figures, the total
cost impact of the proposed AD on U.S. operators is estimated to be
$116,600.
All 11 of the affected airplanes are HP137 Mk1's; there are no
Jetstream series 200 airplanes registered in the United States, but
they are type certificated for operation in the United States.
According to FAA records, none of these HP137 Mk1 airplanes are in
operation or anywhere near operating condition. For this reason, JAL no
longer stocks Modification No. 5162, but can develop modification kits
within three months after order. Since there are no airplanes currently
in operation, the cost impact of the proposed AD would be narrowed to
only those owners/operators returning their airplane to operation.
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 U.S.C. App. 1354(a), 1421 and 1423; 49 U.S.C.
106(g); and 14 CFR 11.89.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by removing AD 81-09-03 R1, Amendment
39-4150, and by adding a new AD to read as follows:
Jetstream Aircraft Limited: Docket No. 94-CE-14-AD. Supersedes AD
81-09-03 R1, Amendment 39-4150.
Applicability: HP137 Mk1 and Jetstream Series 200 airplanes (all
serial numbers), certificated in any category.
Compliance: Required as indicated after the effective date of
this AD, unless already accomplished.
To prevent inadvertent rudder movement caused by a cracked
rudder pedal adjusting mounting bracket, which could result in loss
of rudder control, accomplish the following:
(a) Within the next 100 hours time-in-service, unless already
accomplished (compliance with AD 81-09-03 R1), inspect the rudder
pedal adjusting mounting bracket for cracks in accordance with
Jetstream Service Bulletin (SB) No. 9/10, dated April 28, 1981.
(1) If cracks are found, prior to further flight, replace the
mounting bracket with an improved part of increased sectional
dimension, part number (P/N) 1379111E 1, in accordance with the
Instructions to Modification No. 5162, Part 1 and Part 2, Issue 1,
dated June 1981.
This replacement is referenced as Modification No. 5162.
(2) If no cracks are found, reinspect at intervals not to exceed
100 hours TIS until Modification No. 5162 is incorporated.
(b) Upon the accumulation of 15,000 hours TIS or within the next
200 hours TIS, whichever occurs later, replace the rudder pedal
adjusting mounting bracket with an improved part of increased
sectional dimension, P/N 1379111E 1 (Modification No. 5162), in
accordance with the Instructions to Modification No. 5162, Part 1
and Part 2, Issue 1, dated June 1981.
(c) Incorporating Modification 5162 as specified in paragraph
(a)(1) or (b) of this AD eliminates the repetitive inspection
requirement of this AD.
(d) Special flight permits may be issued in accordance with
Secs. 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.
(e) An alternative method of compliance or adjustment of the
initial and repetitive compliance times that provides an equivalent
level of safety may be approved by the Manager, Brussels Aircraft
Certification Office, 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 Aircraft
Certification Office.
Note: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Brussels Aircraft Certification Office.
(f) All persons affected by this directive may obtain copies of
the documents referred to herein upon request to Jetstream Aircraft
Limited, Manager Product Support, Prestwick Airport, Ayrshire, KA9
2RW Scotland; telephone (44-292) 79888; 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 October 5, 1994.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 94-25292 Filed 10-12-94; 8:45 am]
BILLING CODE 4910-13-U
