[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