[Federal Register Volume 60, Number 31 (Wednesday, February 15, 1995)]
[Proposed Rules]
[Pages 8593-8595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3753]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 94-NM-218-AD]
Airworthiness Directives; Jetstream Aircraft Limited Model 4101
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes to revise an existing airworthiness
directive (AD), applicable to all Jetstream Model 4101 airplanes, that
currently requires modification of the mounting structure of the
elevator controls on the rear pressure bulkhead. That proposal was
prompted by results of a structural analysis which indicate that
certain structure in the elevator control system may be subject to
deformation when maximum load is exerted by the pilot(s) in the event
of a jam in the elevator control cables. This action would limit the
applicability of the rule. The actions specified by the proposed AD are
intended to prevent reduced controllability of the airplane due to
structural deformation in the elevator control system.
DATES: Comments must be received by March 27, 1995.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 94-NM-218-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except
Federal holidays.
The service information referenced in the proposed rule may be
obtained from Jetstream Aircraft, Inc., P.O. Box 16029, Dulles
International Airport, Washington, DC 20041-6029. This information may
be examined at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington.
FOR FURTHER INFORMATION CONTACT: William Schroeder, Aerospace Engineer,
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206)
227-2148; fax (206) 227-1320.
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 shall 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 summarizing 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 Number 94-NM-218-AD.'' The postcard will be date stamped and
returned to the commenter. [[Page 8594]]
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Transport Airplane Directorate, ANM-103, Attention: Rules
Docket No. 94-NM-218-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
On June 23, 1994, the FAA issued AD 94-14-07, amendment 39-8959 (59
FR 35247, July 11, 1994), applicable to all Jetstream Model 4101
airplanes, to require modification of the mounting structure of the
elevator controls on the rear pressure bulkhead. That action was
prompted by the results of a structural analysis which indicate that
certain structure in the elevator control system may be subject to
deformation when maximum load is exerted by the pilot(s) in the event
of a jam in the elevator control cables. The requirements of that AD
are intended to prevent reduced controllability of the airplane due to
structural deformation in the elevator control system.
Since the issuance of that AD, Jetstream has issued Revision 1
(dated October 3, 1994) to Service Bulletin J41-53-012-41262A, which
was referenced in AD 94-17-04 as the appropriate source of service
information. This revision of the service bulletin is essentially the
same as the originally issued version, insofar as the modification
procedures described. However, Revision 1 has been revised to specify
that, if previously installed, a certain modification does not need to
be reinstalled. Additionally, the effectivity listing in Revision 1 has
been limited to specify only those Model 4101 airplanes on which the
modification has not been accomplished. The Civil Aviation Authority
(CAA), which is the airworthiness authority for the United Kingdom,
classified Revision 1 as mandatory.
Since AD 94-14-07 currently is applicable to ``all'' Jetstream
Model 4101 airplanes, the FAA finds that the applicability of that AD
must be revised to limit it to only airplanes on which the subject
modification has not been accomplished. Airplanes that have been
modified previously are considered to be in compliance with the
existing AD, and are not subject to the unsafe condition addressed by
it. In accordance with part 39 of the Federal Aviation Regulations (14
CFR part 39) and Executive Order 12866, the purpose of AD's is to
mandate actions to correct unsafe conditions while imposing the least
necessary burden on the public. The unsafe condition addressed by this
AD action has been found not to exist with regard to airplanes
previously modified; therefore, to make the AD applicable to airplanes
on which it has been determined that the unsafe condition does not
exist would be contrary to this purpose.
Additionally, the FAA considers that revising the applicability of
the existing AD is necessary in order to eliminate any ambiguity
regarding whether or not airplanes previously modified would be
required to be modified again. -
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. The FAA has examined the
findings of the CAA, reviewed all available information, and determined
that AD action is necessary for products of this type design that are
certificated for operation in the United States.
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design registered
in the United States, the proposed AD would revise AD 94-14-07 to limit
the applicability to airplanes that have not been previously modified
in accordance with the requirements of the AD. This proposed revision
would continue to require modification of the mounting structure of the
elevator controls on the rear pressure bulkhead on airplanes not
previously modified.
The FAA estimates that 8 airplanes of U.S. registry would be
affected by this proposed AD, that it would take approximately 17 work
hours per airplane to accomplish the proposed actions, and that the
average labor rate is $60 per work hour. Required parts would be
supplied by the manufacturer at no cost to the operators. Based on
these figures, the total cost impact of the proposed AD on U.S.
operators is estimated to be $8,160, or $1,020 per airplane.
The total cost impact figure discussed above is based on
assumptions that no operator has yet accomplished any of the proposed
requirements of this AD action, and that no operator would accomplish
those actions in the future if this AD were not adopted.
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 proposed
regulation (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) 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 is contained 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 amendment 39-8959 (59 FR
35247, July 11, 1994), and by adding a new airworthiness directive
(AD), to read as follows:
Jetstream Aircraft Limited: Docket 94-NM-218-AD. Revises AD 94-14-
07, Amendment 39-8959.
Applicability: Model 4101 airplanes, as listed in Jetstream
Service Bulletin J41-53-012-41262A, Revision 1, dated October 3,
1994, 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 use the authority
provided in paragraph (b) to request approval from the FAA. This
approval may address either no action, if the current configuration
[[Page 8595]] eliminates the unsafe condition; or different actions
necessary to address the unsafe condition described in this AD. Such
a request should include an assessment of the effect of the changed
configuration on the unsafe condition addressed by this AD. In no
case does the presence of any modification, alteration, or repair
remove any airplane from the applicability of this AD.
Compliance: Required as indicated, unless accomplished
previously.
To prevent reduced controllability of the airplane due to
structural deformation in the elevator control system, accomplish
the following:
(a) Within 6 months after August 10, 1994 (the effective date of
AD 94-14-07, amendment 39-8959), modify the mounting structure of
the elevator controls on the rear pressure bulkhead, in accordance
with Jetstream Service Bulletin J41-53-012, dated November 30, 1993,
or Revision 1, dated October 3, 1994.
(b) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Standardization Branch, ANM-113,
FAA, Transport Airplane Directorate. Operators shall submit their
requests through an appropriate FAA Principal Maintenance Inspector,
who may add comments and then send it to the Manager,
Standardization Branch, ANM-113.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Standardization Branch, ANM-113.
(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. Issued in Renton,
Washington, on February 9, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 95-3753 Filed 2-14-95; 8:45 am]
BILLING CODE 4910-13-U
