[Federal Register Volume 59, Number 228 (Tuesday, November 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29317]


[[Page Unknown]]

[Federal Register: November 29, 1994]


-----------------------------------------------------------------------


DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 94-NM-201-AD; Amendment 39-9082; AD 94-24-09]

 

 Airworthiness Directives; Jetstream Model 4101 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to certain Jetstream Model 4101 airplanes. This action 
requires inspection to detect damage to the overwing fairings, and 
replacement or repair of structurally damaged fairings. This amendment 
is prompted by a report that an overwing fairing detached from an 
airplane. The actions specified in this AD are intended to prevent 
reduced controllability of the airplane due to loss of an overwing 
fairing.

DATES: Effective December 14, 1994.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of December 14, 1994.
    Comments for inclusion in the Rules Docket must be received on or 
before January 30, 1995.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 94-NM-201-AD, 1601 Lind Avenue SW., Renton, 
Washington 98055-4056.
    The service information referenced in this AD may be obtained from 
Jetstream Aircraft, Inc., P.O. Box 16029, Dulles International Airport, 
Washington, DC 20041-6029. 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: William Schroeder, Aerospace Engineer, 
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate, 
1601 Lind Avenue SW., Renton, Washington 98055-4056; telephone (206) 
227-2148; fax (206) 227-1320.

SUPPLEMENTARY INFORMATION: The Civil Aviation Authority (CAA), which is 
the airworthiness authority for the United Kingdom, recently notified 
the FAA that an unsafe condition may exist on certain Jetstream Model 
4101 airplanes. The CAA advises that it has received a report 
indicating that part of an overwing fairing detached from a Model 4101 
airplane while the airplane was in flight. Investigation of the other 
airplanes in the fleet revealed structural damage to the overwing 
fairings. The cause of such damage has been attributed to structural 
failure due to airload deflections. This condition, if not corrected, 
could result in reduced controllability of the airplane.
    Jetstream has issued Alert Service Bulletin J41-53-028, Revision 1, 
dated October 12, 1994, which describes procedures for detailed visual 
inspections to detect structural damage (such as creasing, cracking, or 
holes) in the left (Part 1) and right (Part 2) overwing fairings, and 
repair or replacement of creased or cracked fairings with new or 
serviceable fairings. (Holes are to be repaired in accordance with the 
Jetstream Series 4100 Structural Repair Manual.) This alert service 
bulletin references British Aerospace Public Limited Company Drawings 
141R0700, Issue 3, dated September 14, 1994; and 141R0705, Issue 2, 
dated September 22, 1994, for additional repair and inspection 
procedures. The CAA classified this service bulletin as mandatory in 
order to assure the continued airworthiness of these airplanes in the 
United Kingdom.
    This airplane model is manufactured in the United Kingdom and is 
type certificated for operation in the United States under the 
provisions of Sec. 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, and determined 
that AD action is necessary for products of this type design that are 
certificated for operation in the United States.
    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 prevent reduced 
controllability of the airplane. This AD requires detailed visual 
inspections to detect structural damage to the left and right overwing 
fairings, and repair or replacement of any creased or cracked fairings 
with new or serviceable fairings. The actions are required to be 
accomplished in accordance with the alert service bulletin described 
previously. (Holes are to be repaired in accordance with the Jetstream 
Series 4100 Structural Repair Manual.)

    [Note: As a result of recent communications with the Air 
Transport Association (ATA) of America, the FAA has learned that, in 
general, some operators may misunderstand the legal effect of AD's 
on airplanes that are identified in the applicability provision of 
the AD, but that have been altered or repaired in the area addressed 
by the AD. Under these circumstances, at least one operator appears 
to have incorrectly assumed that its airplane was not subject to an 
AD. On the contrary, all airplanes identified in the applicability 
provision of an AD are legally subject to the AD. If an airplane has 
been altered or repaired in the affected area in such a way as to 
affect compliance with the AD, the owner or operator is required to 
obtain FAA approval for an alternative method of compliance with the 
AD, in accordance with the paragraph of each AD that provides for 
such approvals. A note has been added to this final rule to clarify 
this requirement.]

    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, 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 submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 94-NM-201-AD.'' The postcard will be date stamped and 
returned to the commenter.
    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 an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket. 
A copy of it, if filed, 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. 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 adding the following new 
airworthiness directive:

94-24-09 Jetstream Aircraft Limited: Amendment 39-9082. Docket 94-
NM-201-AD.


    Applicability: Model 4101 airplanes, constructors numbers 41004 
and subsequent, 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 (b) 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 airplane from the applicability of this AD.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent reduced controllability of the airplane, accomplish 
the following:
    (a) Within 7 days after the effective date of this AD, perform a 
detailed visual inspection to detect structural damage (such as 
creasing, cracking, or holes) to the left (Part 1) and right (Part 
2) overwing fairings, in accordance with Jetstream Alert Service 
Bulletin J41-53-028, Revision 1, dated October 12, 1994.
    (1) If no structural damage is detected, repeat the inspection 
thereafter at intervals not to exceed 7 days.
    (2) If creasing or cracking is detected, prior to further 
flight, inspect and repair it, in accordance with the alert service 
bulletin. Repeat the inspection thereafter at intervals not to 
exceed 300 hours time-in-service.

    Note 2: The Jetstream Alert Service Bulletin references British 
Aerospace Public Limited Company Drawing 141R0700, Issue 3, dated 
September 14, 1994, and British Aerospace Public Limited Company 
Drawing 141R0705, Issue 2, dated September 22, 1994, for repair and 
inspection procedures.
    (3) If holes are detected, prior to further flight, repair in 
accordance with the Jetstream Series 4100 Structural Repair Manual. 
Repeat the inspection thereafter at intervals not to exceed 300 
hours time-in-service.
    (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, Standardization Branch, ANM-113, 
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, 
Standardization Branch, ANM-113.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Standardization Branch, ANM-113.
    (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 inspection shall be done in accordance with Jetstream 
Alert Service Bulletin J41-53-028, Revision 1, dated October 12, 
1994. 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 Jetstream Aircraft, Inc., P.O. 
Box 16029, Dulles International Airport, Washington, DC 20041-6029. 
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.
    (e) This amendment becomes effective on December 14, 1994.

    Issued in Renton, Washington, on November 22, 1994.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 94-29317 Filed 11-28-94; 8:45 am]
BILLING CODE 4910-13-U