[Federal Register Volume 60, Number 41 (Thursday, March 2, 1995)]
[Proposed Rules]
[Pages 11636-11639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5122]
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[[Page 11637]]
DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 95-CE-09-AD]
Airworthiness Directives; Jetstream Aircraft Limited HP137 Mk1
and Jetstream Series 200 Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes to supersede Airworthiness Directive
(AD) 83-05-01, which currently requires the following on Jetstream
Aircraft Limited (JAL) HP137 Mk1 and Jetstream series 200 airplanes:
Repetitively inspecting the wing lower skin panels at the main gear bay
cutout for loose or damaged rivets and cracks, replacing loose or
damaged rivets, and repairing any cracked wing lower skin panel. The
Federal Aviation Administration's policy on aging commuter-class
aircraft is to eliminate or, in certain instances, reduce the number of
repetitive short- interval inspections when improved parts or
modifications are available. The proposed action would require
reinforcing the wing lower skin at both the landing gear cutout at Wing
Station (WS) 115 and the undercarriage bay cutout at WS 60 and WS 90,
as terminating action for the repetitive inspections that are currently
required by AD 83-05-01. The actions specified in the proposed AD are
intended to prevent wing damage caused by cracks or loose or damaged
rivets in the wing lower skin panels, which, if not detected and
corrected, could result in damage to the point of structural failure.
DATES: Comments must be received on or before May 15, 1995.
ADDRESSES: Submit comments on the proposal in triplicate to the Federal
Aviation Administration (FAA), Central Region, Office of the Assistant
Chief Counsel, Attention: Rules Docket No. 95-CE-09-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. 95-CE-09-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. 95-CE-09-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 those critical inspections. In
determining what inspections are critical, the FAA considers (1) The
safety consequences if the known problem is not detected during the
inspection; (2) the probability of the problem not being detected
during the inspection; (3) whether the inspection area is difficult to
access; and (4) the possibility of damage occurring 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 eliminate, or, in certain instances, reduce the number of
critical repetitive inspections.
From this review, the FAA has identified AD 83-05-01, Amendment 39-
4573, as one that should be superseded with a new AD that would require
a modification that, when incorporated, would eliminate the need for
short-interval and critical repetitive inspections. AD 83-05-01
currently requires repetitively inspecting the wing lower skin panels
at the main gear bay cutout for loose or damaged rivets and cracks,
replacing loose or damaged rivets, and repairing any cracked wing lower
skin panel. The inspections are accomplished in accordance with
Jetstream Service Bulletin (SB) No. 7/3, dated October 1980.
JAL has introduced two wing lower skin reinforcements that, when
incorporated, (1) Reinforce the wing lower skin at the landing gear bay
cutout at WS 115 (Modification No. 5122), and (2) reinforce the wing
lower skin at undercarriage bay cutout between WS 60 and WS 90
(Modification No. 5146). Jetstream SB 57-JM5221 specifies procedures
for incorporating Modification 5221, and Modification No. 5146 Part 2
(Ref 7/5146), specifies procedures for incorporating Modification 5146.
Based on its aging commuter-class aircraft policy and after
reviewing all available information, the FAA has determined that AD
action should be taken to eliminate the repetitive short-interval
inspections required by AD 83-05-01, Amendment 39-4573, and to prevent
wing damage caused by cracks or loose or damaged rivets in the wing
lower skin panels, which, if not detected and corrected, could result
in damage to the point of structural failure.
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 [[Page 11638]] applicable bilateral airworthiness
agreement.
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
83-05-01 with a new AD that would (1) retain the requirements of
repetitively inspecting the wing lower skin panels at the main gear bay
cutout for loose or damaged rivets and cracks, replacing loose or
damaged rivets, and repairing any cracked wing lower skin panel; and
(2) require incorporating Modification Nos. 5122 and 5146 as
terminating action for the repetitive inspections. The proposed
inspection would be accomplished in accordance with Jetstream SB No. 7/
3, dated October 1980. Modification 5122 would be accomplished in
accordance with Jetstream SB 57-JM5221, dated September 28, 1984, and
Jetstream Modification 5146 would be accomplished in accordance with
Modification No. 5146 Part 2 (Ref 7/5146), which incorporates the
following pages:
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Issue
Pages level Date
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1, 2, 4, 7, and 8............. 1 March 1981.
3, 5, and 6................... 2 August 1982.
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The FAA estimates that 10 airplanes in the U.S. registry would be
affected by the proposed AD, that it would take approximately 332
workhours per airplane to accomplish the proposed modifications (172
workhours for Modification 5221 and 160 workhours for Modification
5146), and that the average labor rate is approximately $60 an hour.
Parts cost approximately $12,000 per airplane ($2,400 for Modification
5221 and $9,600 for Modification 5146). Based on these figures, the
total cost impact of the proposed AD on U.S. operators is estimated to
be $319,200 ($31,920 per airplane).
All 10 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. JAL no longer stocks Modification No. 5122, 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 83-05-01, Amendment 39-
4573, and adding a new AD to read as follows:
Jetstream Aircraft Limited: Docket No. 95-CE-09-AD. Supersedes AD
83-05-01, Amendment 39-4573.
Applicability: HP137 Mk1 and Jetstream Series 200 airplanes (all
serial numbers), 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 (d) of this AD to request approval from the
FAA. This approval may address either no action, if the current
configuration 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 aircraft from the applicability of this AD.
Compliance: Required as indicated after the effective date of
this AD, unless already accomplished.
To prevent wing damage caused by cracks or loose or damaged
rivets in the wing lower skin panels, which, if not detected and
corrected, could result in damage to the point of structural
failure, accomplish the following:
(a) Upon the accumulation of 6,500 hours time-in-service (TIS)
or within the next 100 hours time-in-service after the effective
date of this AD, whichever occurs later, unless already accomplished
(see NOTE 1), and thereafter at intervals not to exceed 100 hours
TIS until the modifications required by paragraphs (b)(1) and (b)(2)
of this AD are incorporated, accomplish the following:
(1) Inspect the wing lower skin between Wing Station (WS) 60 and
WS 115 for loose or damaged rivets or cracks in accordance with
section 3. ACTION, paragraphs (a) through (e), of Jetstream Service
Bulletin (SB) No. 7/3, dated October 1980.
(2) Replace any loose or damaged rivets and repair any cracked
wing lower skin panel in accordance with section 3. ACTION,
paragraphs (f) through (k), of Jetstream SB No. 7/3, dated October
1980.
Note 2: The repetitive inspections required by paragraph (a) of
this AD are the same as required by superseded AD 83-05-01. The
intent of this AD is to maintain this repetitive inspection program
for the affected airplane operators until the requirements of
paragraph (b) of this AD are accomplished.
(b) Upon the accumulation of 10,000 hours TIS or within the next
100 hours TIS after the effective date of this AD, whichever occurs
later, accomplish the following:
(1) Reinforce the wing lower skin at the landing gear bay cutout
at WS 115 in accordance with Jetstream SB 57-JM5221, dated September
18, 1984. This is referred to as Modification 5221.
(2) Reinforce the wing lower skin at undercarriage bay cutout
between WS 60 and WS 90 in accordance with Modification No. 5146
Part 2 (Ref 7/5146), which incorporates the following pages:
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Issue
Pages level Date
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1, 2, 4, 7, and 8............. 1 March 1981.
3, 5, and 6................... 2 August 1982.
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(c) The reinforcements required by paragraphs (b)(1) and (b)(2)
of this AD may be accomplished prior to 10,000 hours TIS as
[[Page 11639]] terminating action for the repetitive inspection
requirement of this AD.
(d) 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.
(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 (ACO), 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 ACO.
Note 3: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Brussels ACO.
(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; 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.
(g) This amendment supersedes AD 83-05-01, Amendment 39-4573.
Issued in Kansas City, Missouri, on February 24, 1995.
Barry D. Clements,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 95-5122 Filed 3-1-95; 8:45 am]
BILLING CODE 4910-13-U
