[Federal Register Volume 63, Number 251 (Thursday, December 31, 1998)]
[Rules and Regulations]
[Pages 72141-72143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34381]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 98-CE-99-AD; Amendment 39-10973; AD 99-01-06]
RIN 2120-AA64
Airworthiness Directives; British Aerospace Jetstream Model 3101
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Direct final rule; request for comments.
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SUMMARY: This amendment adopts a new airworthiness directive (AD) that
applies to certain British Aerospace Jetstream Model 3101 airplanes.
This AD requires installing a standard bonding socket that is fitted
flush with the upper surface of each wing at the fueling points
(Station 297). This AD is the result of mandatory continuing
airworthiness information (MCAI) issued by the airworthiness authority
for the United Kingdom. The actions specified in this AD are intended
to correct a potentially insufficient ground contact between the
refueler hose nozzle and the aircraft, which, if not corrected before
the fuel cap is removed, could result in sparks with a consequent fire
and/or explosion in the fuel tank.
DATES: Effective March 19, 1999.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of March 19, 1999.
Comments for inclusion in the Rules Docket must be received on or
before February 12, 1999.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Central Region, Office of the Regional Counsel,
Attention: Rules Docket No. 98-CE-99-AD, Room 1558, 601 E. 12th Street,
Kansas City, Missouri 64106.
Service information that applies to this AD may be obtained from
British Aerospace Regional Aircraft, Prestwick International Airport,
Ayrshire, KA9 2RW, Scotland; telephone: (01292) 479888; facsimile:
(01292) 479703. This information may also be examined at the Federal
Aviation Administration (FAA), Central Region, Office of the Regional
Counsel, Attention: Rules Docket No. 98-CE-99-AD, Room 1558, 601 E.
12th Street, Kansas City, Missouri 64106; or at the Office of the
Federal Register, 800 North Capitol Street, NW, suite 700, Washington,
DC.
FOR FURTHER INFORMATION CONTACT: Mr. S.M. Nagarajan, Aerospace
Engineer, FAA, Small Airplane Directorate, 1201 Walnut, suite 900,
Kansas City, Missouri 64106; telephone: (816) 426-6932; facsimile:
(816) 426-2169.
SUPPLEMENTARY INFORMATION:
Events Leading to the Issuance of This AD
The Civil Airworthiness Authority (CAA), which is the airworthiness
authority for the United Kingdom, notified the FAA that an unsafe
condition may exist on certain British Aerospace Jetstream Model 3101
airplanes. The CAA reports that an insufficient ground contact between
the refueler hose nozzle and the aircraft could exist.
This condition, if not corrected before the fuel cap is removed,
could result in sparks with a consequent fire and/or explosion in the
fuel tank.
Relevant Service Information
British Aerospace has issued Jetstream Service Bulletin 57-JM7298,
Original Issue: May 16, 1984, which specifies procedures for installing
a standard bonding socket that is fitted flush with the upper surface
of each wing at the fueling points (Station 297). This is referred to
as Jetstream Modification JM 7298 Part A.
The CAA classified this service bulletin as mandatory in order to
assure the continued airworthiness of these airplanes in the United
Kingdom. The CAA classifying a service bulletin as mandatory is the
same in the United Kingdom as the FAA issuing an AD in the United
States.
The FAA's Determination
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
[[Page 72142]]
kept the FAA informed of the situation described above.
The FAA has examined the findings of the CAA; reviewed all
available information, including the service information referenced
above; and determined that AD action is necessary for products of this
type design that are certificated for operation in the United States.
Explanation of the Provisions of This AD
Since an unsafe condition has been identified that is likely to
exist or develop in other British Aerospace Jetstream Model 3101
airplanes of the same type design registered in the United States, the
FAA is issuing an AD. This AD requires incorporating Jetstream
Modification JM 7298 Part A by installing a standard bonding socket
that is fitted flush with the upper surface of each wing at the fueling
points (Station 297). Accomplishment of the actions of this AD would be
required in accordance with British Aerospace Jetstream Service
Bulletin 57-JM7298, Original Issue: May 16, 1984.
Cost Impact
The FAA estimates that 2 airplanes in the U.S. registry will be
affected by this AD, that it will take approximately 22 workhours per
airplane to accomplish the required action, and that the average labor
rate is approximately $60 per work hour. British Aerospace will provide
modification kits at no cost to the owner/operator of the affected
airplanes. Based on these figures, the cost impact of this AD on U.S.
operators is estimated to be $2,640, or $1,320 per airplane.
Both of the affected Jetstream Model 3101 airplanes are already in
compliance with the actions specified in this AD and British Aerospace
Jetstream Service Bulletin 57-JM7298, Original Issue: May 16, 1984.
Based on this information, this AD imposes no cost impact upon the
owners/operators of the affected airplanes on the U.S. Register.
Compliance Time of This AD
This unsafe condition is not a result of the number of times the
airplane is operated. The chance of this situation occurring is the
same for an airplane with 10 hours time-in-service (TIS) as it would be
for an airplane with 500 hours TIS. For this reason, the FAA has
determined that a compliance based on calendar time should be utilized
in this AD.
The Direct Final Rule Procedure
The FAA anticipates that this regulation will not result in adverse
or negative comment and therefore is issuing it as a direct final rule.
The requirements of this direct final rule address an unsafe condition
identified by a foreign civil airworthiness authority and do not impose
a significant burden on affected operators. In accordance with Section
11.17 of the Federal Aviation Regulations (14 CFR 11.17) unless a
written adverse or negative comment, or a written notice of intent to
submit an adverse or negative comment, is received within the comment
period, the regulation will become effective on the date specified
above. After the close of the comment period, the FAA will publish a
document in the Federal Register indicating that no adverse or negative
comments were received and confirming the date on which the final rule
will become effective. If the FAA does receive, within the comment
period, a written adverse or negative comment, or written notice of
intent to submit such a comment, a document withdrawing the direct
final rule will be published in the Federal Register, and a notice of
proposed rulemaking may be published with a new comment period.
Comments Invited
Although this action is in the form of a final rule and was not
preceded by notice and an opportunity for public comment, comments are
invited on this rule. Interested persons are invited to comment on this
rule by submitting such written data, views, or arguments as they may
desire. Communications shall identify the Rules Docket number and be
submitted in triplicate to the address specified under the caption
ADDRESSES. All communications received on or before the closing date
for comments will be considered, and this rule may be amended in light
of the comments received. Factual information that supports the
commenter's ideas and suggestions is extremely helpful in evaluating
the effectiveness of the AD action and determining whether additional
rulemaking action would be needed.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the 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
AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this rule must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket No. 98-CE-99-AD.'' The postcard will be date stamped and
returned to the commenter.
Regulatory Impact
The regulations adopted herein will 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 final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
The FAA has determined that this regulation is noncontroversial and
unlikely to result in adverse or negative comments. For reasons
discussed in the preamble, I certify that this regulation (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) 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 final
evaluation has been prepared for this action and is contained in the
Rules Docket. A copy of it may be obtained from the Rules Docket at the
location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding a new airworthiness directive
(AD) to read as follows:
99-01-06 British Aerospace: Amendment 39-10973; Docket No. 98-CE-
99-AD.
Applicability: Jetstream Model 3101 airplanes, constructors
numbers 602, 604
[[Page 72143]]
through 607, 609 through 614, and 616; 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 (c) 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 within the next 4 calendar months after the
effective date of this AD, unless already accomplished.
To correct a potentially insufficient ground contact between the
refueler hose nozzle and the aircraft, which, if not corrected
before the fuel cap is removed, could result in sparks with a
consequent fire and/or explosion in the fuel tank, accomplish the
following:
(a) Incorporate Jetstream Modification JM 7298 Part A on each
wing by installing a standard bonding socket that is fitted flush
with the upper surface of each wing at the fueling points (Station
297). Accomplish these actions in accordance with the Accomplishment
Instructions section of British Aerospace Jetstream Service Bulletin
57-JM7298, Original Issue: May 16, 1984.
(b) 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.
(c) An alternative method of compliance or adjustment of the
compliance time that provides an equivalent level of safety may be
used if approved by the Manager, Small Airplane Directorate,
Aircraft Certification Service, 1201 Walnut, suite 900, Kansas City,
Missouri 64106. The request shall be forwarded through an
appropriate FAA Maintenance Inspector, who may add comments and then
send it to the Manager, Small Airplane Directorate.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Small Airplane Directorate.
(d) The modifications required by this AD shall be done in
accordance with British Aerospace Jetstream Service Bulletin 57-
JM7298, Original Issue: May 16, 1984. This incorporation by
reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be
obtained from British Aerospace Regional Aircraft, Prestwick
International Airport, Ayrshire, KA9 2RW, Scotland. Copies may be
inspected at the FAA, Central Region, Office of the Regional
Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri, or at
the Office of the Federal Register, 800 North Capitol Street, NW,
suite 700, Washington, DC.
Note 3: The subject of this AD is addressed in British Aerospace
Jetstream Service Bulletin 57-JM7298, Original Issue: May 16, 1984.
This service bulletin is classified as mandatory by the United
Kingdom Civil Aviation Authority (CAA).
(e) This amendment becomes effective on March 19, 1999.
Issued in Kansas City, Missouri, on December 21, 1998.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 98-34381 Filed 12-30-98; 8:45 am]
BILLING CODE 4910-13-P
