[Federal Register Volume 61, Number 243 (Tuesday, December 17, 1996)]
[Proposed Rules]
[Pages 66238-66240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31950]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 95-CE-44-AD]
RIN 2120-AA64
Airworthiness Directives; Jetstream Aircraft Limited HP137 Mk1,
Jetstream Series 200, and Jetstream Models 3101 and 3201 Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Supplemental notice of proposed rulemaking (NPRM); Reopening of
the comment period.
-----------------------------------------------------------------------
SUMMARY: This document proposes to revise an earlier proposed
airworthiness directive (AD) that would have required the following on
Jetstream Aircraft Limited (JAL) HP137 Mk1, Jetstream series 200, and
Jetstream Models 3101 and 3201 airplanes: repetitively inspecting the
main landing gear (MLG) pintle to cylinder interface for cracks, and
replacing any MLG cylinder that has a crack of any length. The proposed
AD results from reports of MLG cracks in the area of the pintle to
cylinder interface on three of the affected airplanes. Since
publication of that proposal, the Federal Aviation Administration (FAA)
has determined
[[Page 66239]]
that the proposed action is still a valid safety issue, but that more
stringent repetitive inspection intervals should be established than
what was earlier proposed. This proposed AD revises the previous
proposal by incorporating this change. The actions specified by the
proposed AD are intended to prevent failure of the MLG caused by cracks
in the pintle to cylinder interface area, which could result in loss of
control of the airplane during landing operations. Since the comment
period for the previous proposal has closed and the change described
above goes beyond the scope of what was previously proposed, the FAA is
allowing additional time for the public to comment.
DATES: Comments must be received on or before February 28, 1997.
ADDRESSES: Submit comments in triplicate to the FAA, Central Region,
Office of the Assistant Chief Counsel, Attention: Rules Docket No. 95-
CE-44-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, Prestwick International 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, D.C. 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. Tom Rodriguez, Program Manager,
Brussels Aircraft Certification Division, FAA, Europe, Africa, and
Middle East Office, c/o American Embassy, B-1000 Brussels, Belgium;
telephone (32 2) 508.2715; facsimile (32 2) 230.6899; or Mr. S.M.
Nagarajan, Project Officer, Small Airplane Directorate, Aircraft
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 supplemental 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 supplemental notice must submit a self-
addressed, stamped postcard on which the following statement is made:
``Comments to Docket No. 95-CE-44-AD.'' The postcard will be date
stamped and returned to the commenter.
Availability of Supplemental NPRM
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. 95-CE-44-AD, Room
1558, 601 E. 12th Street, Kansas City, Missouri 64106.
Events Leading to This Action
A proposal to amend part 39 of the Federal Aviation Regulations (14
CFR part 39) to include an AD that would apply to certain JAL HP137
Mk1, Jetstream series 200, and Jetstream Models 3101 and 3201 airplanes
was published in the Federal Register on September 19, 1995 (60 FR
48429). The notice of proposed rulemaking (NPRM) proposed to require
repetitively inspecting (using non-destructive testing eddy current
methods) the MLG pintle to cylinder interface for cracks, and replacing
any MLG cylinder that has a crack exceeding certain limits.
Accomplishment of the proposed inspections as specified in the NPRM
would be in accordance with Jetstream Alert Service Bulletin 32-A-JA
941245, Revision 2, dated March 28, 1995, and AP Precision Hydraulics
Ltd. Service Bulletin 32-56, Revision 3, dated February 1995.
Interested persons were 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 regarding the FAA's
determination of the cost to the public.
The original NPRM, if followed with a final rule, would have
allowed continued flight if cracks were found in the MLG pintle to
cylinder interface when the cracks did not exceed certain limits. The
FAA has recently established a policy to disallow airplane operation
when known cracks exist in primary structure (the MLG pintle to
cylinder interface is considered primary structure). For this reason,
the FAA issued a supplemental NPRM on March 19, 1996 (61 FR 12051,
March 25, 1996) that proposed the same actions as the original
proposal, but proposed to require the MLG cylinder to be replaced if
any cracks are found, not just if cracks are found that exceed certain
limits.
Since publication of the previous supplemental NPRM, the FAA has
re-examined all information related to this subject and determined that
the actions proposed in the proposal are a valid safety issue, but that
more stringent repetitive inspection intervals should be established.
Specifically, the MLG pintle to cylinder interface would be inspected
initially ``upon accumulating 8,000 landings on an affected MLG * * *''
(instead of 8,500 landings), ``* * * and, thereafter at intervals not
to exceed 1,200 landings * * *'' (instead of 4,000 landings). The more
stringent inspection intervals were based on an analysis done by JAL
and subsequently evaluated and approved by the FAA.
Applicable Service Information
JAL has issued Jetstream Service Bulletin 32-JA 960142, dated March
15, 1996. This service bulletin specifies procedures for accomplishing
the proposed inspections using fluorescent penetrant methods. The FAA
has included this inspection method as an alternative to the non-
destructive testing eddy current inspection.
The FAA's Determination
The revision of the previous supplemental NPRM would require more
stringent repetitive inspection intervals of the MLG pintle to cylinder
interface for JAL HP137 Mk1, Jetstream series 200, and Jetstream Models
3101 and 3201 airplanes. Since these actions go beyond the scope of
what was already proposed and the comment period for the previous
supplemental NPRM has closed, the FAA has determined that the public
should have the opportunity to comment on the proposal as amended.
Therefore, the FAA is issuing this supplemental NPRM to allow all
interested persons a further opportunity to participate in the making
of this amendment.
[[Page 66240]]
Cost Impact
The FAA estimates that 250 airplanes in the U.S. registry would be
affected by the proposed AD, that it would take approximately 6
workhours per airplane to accomplish the proposed action, and that the
average labor rate is approximately $60 an hour. Based on these
figures, the total cost impact of the proposed inspection on U.S.
operators is estimated to be $90,000. This figure does not take into
account the cost of repetitive inspections or the cost of replacement
MLG cylinders if cracks are found. The FAA has no way of determining
the number of repetitive inspections each owner/operator would incur
over the life of the airplane or the number of MLG cylinders that may
be found cracked during the inspections proposed by this action.
Regulatory Impact
The regulations proposed herein would not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this
proposal would not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this 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. 95-CE-44-AD.
Applicability: HP 137 Mk1, Jetstream series 200, and Jetstream
Models 3101 and 3201 airplanes (all serial numbers), certificated in
any category, that are equipped with one of the following main
landing gear (MLG) part numbers:
1863
1863/4C
1864/4B
BOOA702851A
BOOA703065A
BOOA702926A
BO1A703066A
1863/4A,
1864
1864/4C
BOOA702925A
BO1A703065A
BO1A702926A
BOOA703031A
1863/4B
1864/4A
BOOA702850A
B01A702925A
BOOA703030A
BOOA703066A
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 initially upon accumulating 8,000
landings on an affected MLG or within the next 100 landings after
the effective date of this AD, whichever occurs later, unless
already accomplished, and thereafter at intervals not to exceed
1,200 landings accumulated on an affected MLG.
Note 2: If the number of landings is unknown, hours time-in-
service (TIS) may be used by multiplying the number of hours TIS by
0.75. If hours TIS are utilized to calculate the number of landings,
this would make the AD effective ``initially upon accumulating
10,667 hours TIS on an affected MLG or within the next 133 hours TIS
after the effective date of this AD, whichever occurs later, and
thereafter at intervals not to exceed to 1,600 hours TIS accumulated
on an affected MLG.''
To prevent failure of the MLG caused by cracks in the pintle to
cylinder interface area, which could result in loss of control of
the airplane during landing operations, accomplish the following:
(a) Inspect the MLG pintle to cylinder interface for cracks in
accordance with one of the following:
(1) Using non-destructive testing (NDT) eddy current methods, in
accordance with AP Precision Hydraulics Ltd. Service Bulletin 32-56,
Revision 3, dated February 1995; or
(2) Using fluorescent penetrant methods, in accordance with
APPENDIX 1 in Jetstream Service Bulletin 32-JA 960142, dated March
15, 1996.
(b) If any crack is found during any inspection required by this
AD, prior to further flight, replace the MLG cylinder with a new
part. Replacing the MLG cylinder does not eliminate the repetitive
inspection requirement of this AD.
Note 3: The ``prior to further flight'' replacement compliance
time required by this AD if a MLG cylinder is cracked is different
from the compliance time referenced in Jetstream Alert Service
Bulletin 32-A-JA 941245; and AP Precision Hydraulics Ltd. Service
Bulletin 32-56, Revision 3, dated February 1995. This AD takes
precedence over any service information.
(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
initial and repetitive compliance times that provides an equivalent
level of safety may be approved by the Manager, Brussels Aircraft
Certification Division, Europe, Africa, Middle East office, FAA, c/o
American Embassy, B-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 Division.
Note 4: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Brussels Aircraft Certification Division.
(e) 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; 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 December 9, 1996.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 96-31950 Filed 12-16-96; 8:45 am]
BILLING CODE 4910-13-U
