[Federal Register Volume 63, Number 113 (Friday, June 12, 1998)]
[Rules and Regulations]
[Pages 32121-32123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15499]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 98-CE-54-AD; Amendment 39-10584; AD 98-12-31]
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 repositioning the fuel cross feed pipes in the lower
center fuselage to give an overall clearance of 2 inches when measuring
from the bottom of Frame Station 223. 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 prevent the fuel pipe from fracturing during
a wheels up landing because of the positioning of the fuel cross feed
pipes, which could result in an airplane fire.
[[Page 32122]]
DATES: Effective September 10, 1998.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of September 10, 1998.
Comments for inclusion in the Rules Docket must be received on or
before July 17, 1998.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Central Region, Office of the Regional Counsel,
Attention: Rules Docket No. 98-CE-54-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-54-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, Aircraft Certification
Service, 1201 Walnut, suite 900, Kansas City, Missouri 64106;
telephone: (816) 426-6934; facsimile: (816) 426-2169.
SUPPLEMENTARY INFORMATION:
Events Leading to the Issuance of This AD
The Civil Aviation 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 current positioning of the fuel cross
feed pipes in the lower center fuselage could present a problem in the
event of a wheels-up landing. A clearance of 2 inches measured from the
bottom of Frame Station 223 is necessary to assure adequate
crashworthiness of the airplane. Under the current configuration, this
clearance is not present.
This condition, if not corrected, could result in the fuel pipe
fracturing during a wheels up landing and could lead to an airplane
fire.
Relevant Service Information
British Aerospace has issued Jetstream Service Bulletin 28-JM 7161,
dated December 19, 1983, which specifies procedures for repositioning
the fuel cross feed pipes in the lower center fuselage to give an
overall clearance of 2 inches when measured from the bottom of Frame
Station 223.
The Civil Aviation Authority (CAA), which is the airworthiness
authority for the United Kingdom, 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 in the United Kingdom is the same 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 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 repositioning the fuel cross
feed pipes in the lower center fuselage to give an overall clearance of
2 inches when measured from the bottom of Frame Station 223.
Accomplishment of the actions of this AD would be required in
accordance with the previously referenced service bulletin.
Cost Impact
The FAA estimates that 2 airplanes in the U.S. registry will be
affected by this AD, that it will take approximately 20 workhours per
airplane to accomplish the required action, and that the average labor
rate is approximately $60 per work hour. Based on these figures, the
total cost impact of this AD on U.S. operators is estimated to be
$2,400, or $1,200 per airplane.
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
[[Page 32123]]
submit a self-addressed, stamped postcard on which the following
statement is made: ``Comments to Docket No. 98-CE-54-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:
98-12-31 British Aerospace: Amendment 39-10584; Docket No. 98-CE-
54-AD.
Applicability: Jetstream Model 3101 airplanes, serial numbers
602 through 605, 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 100 hours time-in-service
(TIS) after the effective date of this AD, unless already
accomplished.
To prevent the fuel pipe from fracturing during a wheels up
landing because of the positioning of the fuel cross feed pipes,
which could result in an airplane fire, accomplish the following:
(a) Reposition the fuel cross feed pipes in the lower center
fuselage to give an overall clearance of 2 inches when measured from
the bottom of Frame Station 223. Accomplish this action in
accordance with British Aerospace Jetstream Service Bulletin 28-JM
7161, dated December 19, 1983.
(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 repositioning required by this AD shall be done in
accordance with British Aerospace Jetstream Service Bulletin 28-JM
7161, dated December 19, 1983. 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 28-JM 7161, dated December 19, 1983. The
airworthiness authority for the United Kingdom classified this
service bulletin as mandatory.
(e) This amendment becomes effective on September 10, 1998.
Issued in Kansas City, Missouri, on June 3, 1998.
Ronald K. Rathgeber,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-15499 Filed 6-11-98; 8:45 am]
BILLING CODE 4910-13-U
