[Federal Register Volume 60, Number 28 (Friday, February 10, 1995)]
[Proposed Rules]
[Pages 7920-7922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3360]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 92-CE-13-AD]
Airworthiness Directives; Jetstream Aircraft Limited (Formerly
British Aerospace, Regional Aircraft Limited) Jetstream Models 3101 and
3201 Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
the comment period.
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SUMMARY: This document proposes to reopen the comment period of an
earlier proposed airworthiness directive (AD), which would have
proposed to require modifying the shear fitting at the top of each
escape hatch on certain Jetstream Aircraft Limited (JAL) Jetstream
Models 3101 and 3201 airplanes. A report of interference between the
shear fitting on an escape hatch and a ceiling panel found while
removing the escape hatch on one of the affected airplanes prompted the
earlier proposal. Since publication of that proposal, the Federal
Aviation Administration (FAA) has re-examined various service
difficulty reports on the affected airplanes, and
[[Page 7921]] determined that the proposed modification is still a
valid safety issue (but not an urgent safety of flight issue). Since
sufficient time has passed (more than 12 months) since the issuance of
the original proposal, the FAA is allowing additional time for the
public to comment on this action. The proposed actions are intended to
prevent the inability to utilize an escape hatch during an emergency
situation because of interference.
DATES: Comments must be received on or before April 14, 1995.
ADDRESSES: Submit comments in triplicate to the FAA, Central Region,
Office of the Assistant Chief Counsel, Attention: Rules Docket No. 92-
CE-13-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. 92-CE-13-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. 92-CE-13-AD, Room 1558, 601 E. 12th Street,
Kansas City, Missouri 64106.
Discussion
A proposal to amend part 39 of the Federal Aviation Regulations (14
CFR part 39) to include an AD that would apply to certain JAL Jetstream
Models 3101 and 3201 airplanes was published in the Federal Register on
March 30, 1992 (57 FR 10743). The action proposed to require modifying
the shear fitting at the top of each escape hatch in accordance with
the ACCOMPLISHMENT INSTRUCTIONS section of Jetstream Service Bulletin
52-JM 7752, dated December 17, 1991.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. No comments were received on the
proposed rule or the FAA's determination of the cost to the public.
Since publication of the proposal, the FAA has re-examined various
service difficulty reports on the affected airplanes, and determined
that the proposed modification is still a valid safety issue, but is
not considered an urgent safety of flight issue. Since sufficient time
has passed (more than 12 months) since the issuance of the original
proposal, the FAA is reopening the comment period to provide additional
time for public comment.
The FAA estimates that 120 airplanes in the U.S. registry would be
affected by the proposed AD, that it would take approximately 3
workhours per airplane to accomplish the proposed action, and that the
average labor rate is approximately $60 an hour. Rework of existing
parts would cost approximately $165 per airplane. Based on these
figures, the total cost impact of the proposed AD on U.S. operators is
estimated to be $41,400. This figure is based on the assumption that no
affected owner/operator has accomplished the proposed modification. The
FAA has no way of determining how many airplanes have incorporated this
modification (reworked the existing parts), but anticipates that
numerous operators have already reworked the existing parts. This would
reduce the cost impact of the proposed AD on U.S. operators.
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. [[Page 7922]]
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding a new AD to read as follows:
Jetstream Aircraft Limited: Docket No. 92-CE-13-AD.
Applicability: Jetstream Models 3101 and 3201 airplanes (serial
numbers 757 through 912), certificated in any category.
Compliance: Required within the next 50 hours time-in-service
after the effective date of this AD, unless already accomplished.
To prevent occupant injury during an emergency situation because
of the inability to remove an escape hatch, accomplish the
following:
(a) For both Models 3101 and 3201 airplanes, modify the shear
fitting at the top of the right-hand escape hatch in accordance with
PART A of the ACCOMPLISHMENT INSTRUCTIONS section of Jetstream
Service Bulletin (SB) 52-JM 7752, dated December 17, 1991.
(b) For Model 3201 airplanes, modify the shear fitting at the
top of the left-hand escape hatch in accordance with PART B of the
ACCOMPLISHMENT INSTRUCTIONS section of Jetstream SB 52-JM 7752,
dated December 17, 1991.
(c) Special flight permits may be issued in accordance with
Secs. 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 times that provides an equivalent level of safety may be
approved by the Manager, Brussels Aircraft Certification Office
(ACO), FAA, Europe, Africa, and Middle East Office, 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: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Brussels ACO.
(e) 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; telephone (44-292) 79888; 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.
Issued in Kansas City, Missouri, on February 6, 1995.
Michael K. Dahl,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 95-3360 Filed 2-9-95; 8:45 am]
BILLING CODE 4910-13-U