[Federal Register Volume 63, Number 49 (Friday, March 13, 1998)]
[Rules and Regulations]
[Pages 12405-12407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6331]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 97-NM-223-AD; Amendment 39-10386; AD 98-06-09]
RIN 2120-AA64
Airworthiness Directives; British Aerospace Model HS 748 Series
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
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SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to all British Aerospace Model HS 748 series airplanes. This
action requires a visual inspection to detect fatigue cracking or loose
fitting stress pads of the aileron operating arm brackets; and follow-
on corrective actions, if necessary. This amendment is prompted by
issuance of mandatory continuing airworthiness information by a foreign
civil airworthiness authority. The actions specified in this AD are
intended to detect and correct fatigue cracking in the flanges of the
aileron operating arm brackets, which could result in failure of the
aileron operating arm brackets, failure of the aileron control system,
and consequent reduced controllability of the airplane.
DATES: Effective March 30, 1998.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of March 30, 1998.
Comments for inclusion in the Rules Docket must be received on or
before April 13, 1998.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 97-NM-223-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056.
The service information referenced in this AD may be obtained from
AI(R) American Support, Inc., 13850 Mclearen Road, Herndon, Virginia
20171. This information may be examined at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the
Office of the Federal Register, 800 North Capitol Street, NW., suite
700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Norman B. Martenson, Manager,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-2110; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION: The Civil Aviation Authority (CAA), which is
the airworthiness authority for the United Kingdom, notified the FAA
that an unsafe condition may exist on all British Aerospace Model HS
748 series airplanes. The CAA advises that fatigue cracks have been
found in the forward flanges of the aileron operating arm bracket. Such
fatigue cracking, if not detected and corrected in a timely manner,
could result in failure of the aileron operating arm bracket, failure
of the aileron control system, and consequent reduced controllability
of the airplane.
Explanation of Relevant Service Information
The manufacturer has issued Jetstream Service Bulletin HS748-27-
124, dated November 17, 1995, which describes procedures for a visual
inspection to detect fatigue cracking of the aileron operating arm
brackets, and to detect loose or poorly positioned stress pads; and
follow-on corrective actions, if necessary. For airplanes on which the
stress pads are loose or poorly positioned, the service bulletin
describes procedures for repetitive visual inspections, and eventual
replacement of the aileron operating arm bracket and stress pads with
new or serviceable parts. For airplanes on which any cracking is found,
the service bulletin describes procedures for temporary repair and/or
eventual replacement of the aileron operating arm bracket and stress
pads with new or serviceable parts. The CAA classified this service
bulletin as mandatory and issued British airworthiness directive 007-
11-95 in order to assure the continued airworthiness of these airplanes
in the United Kingdom.
FAA's Conclusions
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
21.19) 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.
Explanation of Requirements of the Rule
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, this AD is being issued to detect and correct
fatigue cracking in the flanges of the aileron operating arm bracket,
which could result in failure of the aileron operating arm bracket,
failure of the aileron control system, and consequent reduced
controllability of the airplane. This AD requires accomplishment of the
actions specified in the service bulletin described previously, except
as discussed below.
Differences Between This AD and Service Bulletin
Operators should note that, unlike the procedures described in
Table 1 of the Jetstream service bulletin, this AD does not permit
further flight if any crack is detected in the forward flanges of the
aileron operating arm bracket. The FAA has determined that, because of
the safety implications and consequences associated with such cracking,
any forward flanges of the aileron operating arm bracket that are found
to be cracked must be repaired or the bracket must be replaced prior to
further flight.
Cost Impact
None of the airplanes affected by this action are on the U.S.
Register. All airplanes included in the applicability of this rule
currently are operated by non-U.S. operators under foreign registry;
therefore, they are not directly affected by this AD action. However,
the FAA considers that this rule is necessary to ensure that the unsafe
condition is addressed in the event that any of these subject airplanes
are imported and placed on the U.S. Register in the future.
Should an affected airplane be imported and placed on the U.S.
Register in the future, it would require approximately 1 work hour to
perform the required inspection, at an average labor rate of $60 per
work hour. Based on these figures, the cost impact of this AD would be
$60 per airplane.
[[Page 12406]]
Determination of Rule's Effective Date
Since this AD action does not affect any airplane that is currently
on the U.S. register, it has no adverse economic impact and imposes no
additional burden on any person. Therefore, prior notice and public
procedures hereon are unnecessary and the amendment may be made
effective in less than 30 days after publication in the Federal
Register.
Comments Invited
Although this action is in the form of a final rule and was not
preceded by notice and 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 Number 97-NM-223-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.
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) 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 it 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 the following new
airworthiness directive:
98-06-09 British Aerospace Regional Aircraft (Formerly British
Aerospace, Aircraft Group): Amendment 39-10386. Docket 97-NM-223-AD.
Applicability: All Model HS 748 series airplanes, 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 (b) 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, unless accomplished
previously.
To detect and correct fatigue cracking in the flanges of the
aileron operating arm bracket, which could result in failure of the
aileron operating arm bracket, failure of the aileron control
system, and consequent reduced controllability of the airplane,
accomplish the following:
(a) Within 1,000 hours time-in-service or 6 months after the
effective date of this AD, whichever occurs first, perform a visual
inspection for fatigue cracking and for loose or poorly fitting
stress pads on each aileron operating arm bracket, in accordance
with Jetstream Service Bulletin HS748-27-124, dated November 17,
1995.
(1) If no crack is detected during the inspection required by
paragraph (a) of this AD, and the stress pads are positioned to
ensure a snug fit into the heel of the attach flange, no further
action is required by this AD.
(2) If no crack is detected during the inspection required by
paragraph (a) of this AD, but any stress pad is either loose or
poorly positioned, repeat the visual inspection thereafter at
intervals not to exceed 1,000 hours time-in-service or 6 months,
whichever occurs first, up to a maximum of 4,000 hours time-in-
service or 24 months, whichever occurs first, at which time the
aileron operating arm bracket and stress pads must be replaced with
new or serviceable parts in accordance with the service bulletin.
(3) If any crack is detected during the inspection required by
paragraph (a) of this AD, prior to further flight, accomplish the
action specified in either paragraph (a)(3)(i) or (a)(3)(ii) of this
AD, in accordance with the service bulletin.
(i) Replace the aileron operating arm bracket and stress pads
with new or serviceable parts. No further action is required by this
AD.
(ii) Temporarily repair the aileron operating arm bracket.
Within 1,000 hours time-in-service after accomplishment of this
repair, replace the aileron operating arm bracket and stress pads
with new or serviceable parts. No further action is required by this
AD.
(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, International Branch, ANM-116, 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, International
Branch, ANM-116.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the International Branch, ANM-116.
(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) The actions shall be done in accordance with Jetstream
Service Bulletin HS748-27-124, dated November 17, 1995. 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 AI(R)
[[Page 12407]]
American Support, Inc., 13850 Mclearen Road, Herndon, Virginia
20171. Copies may be inspected at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; 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 the British
airworthiness directive 007-11-95.
(e) This amendment becomes effective on March 30, 1998.
Issued in Renton, Washington, on March 5, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-6331 Filed 3-12-98; 8:45 am]
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