[Federal Register Volume 59, Number 132 (Tuesday, July 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16814]
[[Page Unknown]]
[Federal Register: July 12, 1994]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 94-CE-02-AD]
Airworthiness Directives: British Aerospace, Regional Aircraft
Limited, HP 137 Mk1, Jetstream Models 200, 3101, and 3201 Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes to supersede two existing AD's that
require repetitively inspecting the universal joints and universal
rivets on British Aerospace (BAe), Regional Aircraft Limited, HP 137
Mk1, Jetstream Models 200, 3101, and 3201 airplanes, and replacing any
damaged part, and limiting the in-service life of the torque tube shaft
assembly. Jetstream Aircraft Limited has introduced an improved flap
torque shaft assembly that includes universal joints that are not life
limited. The Federal Aviation Administration's policy on aging
commuter-class aircraft is to eliminate or, in certain instances,
reduce the number of certain repetitive short-interval inspections when
improved parts or modifications are available. The proposed action
would require installing this improved flap torque shaft assembly in
place of the repetitive inspection and life limit requirements of the
two existing AD's. The actions specified by the proposed AD are
intended to prevent failure of the flap torque shaft assembly, which
could result in asymmetric flap deployment and loss of control of the
airplane.
DATES: Comments must be received on or before September 26, 1994.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Central Region, Office of the Assistant Chief
Counsel, Attention: Rules Docket No. 94-CE-02-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. 94-CE-02-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. 94-CE-02-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 of the airplane if the known problem is not
detected by the inspection; (2) the reliability of the inspection such
as the probability of not detecting the known problem; (3) whether the
inspection area is difficult to access; and (4) the possibility of
damage 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.
In 1991, the FAA issued a notice of proposed rulemaking (NPRM) to
amend part 39 of the Federal Aviation Regulations (14 CFR part 39) with
an airworthiness directive (AD) that would apply to BAe, Regional
Aircraft Limited, HP 137 Mk1, Jetstream Models 200, 3101, and 3201
airplanes. This NPRM (56 FR 11976, March 21, 1991) proposed inspecting
the flap torque shaft to identify all Type ``F'' universal joints, and
replacing these universal joints with Type ``M'' or part number A16123
universal joints.
Since issuance of the notice of proposed rulemaking (NPRM),
Jetstream Aircraft Limited has introduced an improved flap torque shaft
assembly that includes universal joints that are not life limited, and
that incorporates the actions proposed in the referenced NPRM and
required by the following AD's:
AD 87-04-04, Amendment 39-5529, which requires limiting
the in-service life of the torque tube shaft assembly on BAe HP 137
Mk1, Jetstream Models 200, 3101, and 3201 airplanes; and
AD 89-16-02, Amendment 39-6273, which requires
repetitively inspecting the universal joints and universal joint rivets
on BAe HP 137 Mk1, Jetstream Models 200, 3101, and 3201 airplanes, and
replacing any damaged part.
Jetstream Aircraft Limited has issued Service Bulletin (SB) No. 27-
JA 920340, which incorporates the following pages:
------------------------------------------------------------------------
Revision
Pages level Date
------------------------------------------------------------------------
1 through 6 and 9 through 16........ 2........... Dec. 21, 1993.
7, 8, and 17 through 28............. Original Sept. 2, 1992.
issue.
------------------------------------------------------------------------
This service information specifies procedures for installing the
improved flap torque shaft assembly.
Based on its aging commuter-class aircraft policy and after
reviewing all available information, the FAA has determined that (1)
installing the new improved flap torque shaft assemblies incorporates
the actions proposed in the previously referenced NPRM and AD 87-04-04
and AD 89-16-02, and replaces critical repetitive inspections with a
design modification; and (2) AD action should be taken to prevent
failure of the flap torque shaft assembly, which could result in
asymmetric flap deployment and loss of control of the airplane. With
this in mind, the FAA issued a document, withdrawing the previously
referenced NPRM, on February 14, 1994 (59 FR 8878, February 24, 1994).
Since an unsafe condition has been identified that is likely to
exist or develop in other BAe, Regional Aircraft Limited, HP 137 Mk1,
Jetstream Models 200, 3101, and 3201 airplanes of the same type design,
the proposed AD would supersede both AD 87-04-04 and AD 89-16-02 with a
new AD that would require installing this improved flap torque shaft
assembly in place of the repetitive inspection and life limit
requirements of the two existing AD's. The proposed actions would be
accomplished in accordance with Jetstream Aircraft Limited SB No. 27-JA
920340.
The subsequent final rule action (if promulgated) would have an
effective date of 12 months after publication in the Federal Register
and a compliance time of 50 hours time-in-service after the effective
date. This would allow operators time to schedule the flap torque shaft
assembly replacement. The requirements of AD 87-04-04 and AD 89-16-02
would remain in effect until this date.
The FAA estimates that 245 airplanes in the U.S. registry would be
affected by the proposed AD, that it would take approximately 31
workhours per airplane to accomplish the proposed action, and that the
average labor rate is approximately $55 an hour. Parts cost
approximately $1010 per airplane. Based on these figures, the total
cost impact of the proposed AD on U.S. operators is estimated to be
$665,175. This figure is based on the assumption that none of the
affected airplane operators have accomplished the proposed actions. In
addition, this action would eliminate the repetitive inspections
required by AD 87-04-04 and AD 89-16-02. The FAA has no way of
determining the operation levels of each individual operator of the
affected airplanes, and subsequently cannot determine the repetitive
inspections costs that would be eliminated by the proposed action. The
FAA estimates these costs to be substantial over the long-term.
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 both AD 87-04-04, Amendment
39-5529, and AD 89-16-02, Amendment 39-6273, and by adding a new
airworthiness directive to read as follows:
British Aerospace, Regional Aircraft Limited: Docket No. 94-CE-02-
AD; Supersedes AD 87-04-04, Amendment 39-5529, and AD 89-16-02,
Amendment 39-6273.
Applicability: HP 137 Mk1, Jetstream Models 200, 3101, and 3201
airplanes (all serial numbers), certificated in any category.
Compliance: Required within the next 50 hours time-in-service
(TIS) after the effective date of this AD, unless already
accomplished.
To prevent failure of the flap torque shaft assembly, which
could result in asymmetric flap deployment and loss of control of
the airplane, accomplish the following:
(a) Install an improved torque shaft assembly in accordance with
Part 1 of the ACCOMPLISHMENT INSTRUCTIONS section of Jetstream
Aircraft Limited Service Bulletin (SB) No. 27-JA 920340; or modify
the existing torque shaft assembly in accordance with Part 2 of the
ACCOMPLISHMENT INSTRUCTIONS section of Jetstream Aircraft Limited SB
No. 27-JA 920340, which incorporates the following pages:
------------------------------------------------------------------------
Revision
Pages level Date
------------------------------------------------------------------------
1 through 6 and 9 through 16........ 2........... Dec. 21, 1993.
7, 8, and 17 through 28............. Original Sept. 2, 1992.
issue.
------------------------------------------------------------------------
(b) The life limit requirements of the torque tube shaft
assembly required by AD 87-04-04, and the repetitive inspections of
the universal joints and universal joint rivets required by AD 89-
16-02 remain mandatory until the effective date of this AD or upon
accomplishing the installation or modification referenced by
paragraph (a) of this AD, whichever occurs first.
(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) An alternative method of compliance or adjustment of the
compliance time that provides an equivalent level of safety may be
approved by the Manager, Brussels Aircraft Certification Office,
Europe, Africa, Middle East office, FAA, c/o American Embassy, 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 Aircraft Certification Office.
Note: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Brussels Aircraft Certification Office.
(e) All persons affected by this directive may obtain copies of
the document 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; or may examine this
document at the FAA, Central Region, Office of the Assistant Chief
Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106.
(f) This amendment supersedes both AD 87-04-04, Amendment 39-
5529, and AD 89-16-02, Amendment 39-6273.
Issued in Kansas City, Missouri, on July 6, 1994.
Henry A. Armstrong,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 94-16814 Filed 7-11-94; 8:45 am]
BILLING CODE 4910-13-U
