[Federal Register Volume 60, Number 177 (Wednesday, September 13, 1995)]
[Proposed Rules]
[Pages 47501-47503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22717]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 94-NM-212-AD]


Airworthiness Directives; Jetstream Model ATP Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain Jetstream Model ATP 
airplanes. This proposal would require inspections and tests for damage 
of the engine power cables, and replacement of any damaged cable with a 
new cable. This proposal is prompted by a report of failure of an 
engine power cable, which could cause loss of function of the power 
control levers on the console. The actions specified by the proposed AD 
are intended to prevent loss of function of the levers on the console 
and subsequent loss of normal control of engine power.

DATES: Comments must be received by October 23, 1995.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 94-NM-212-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except 
Federal holidays.
    The service information referenced in the proposed rule 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.

FOR FURTHER INFORMATION CONTACT: Tim Backman, Aerospace Engineer, 
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206) 
227-2797; fax (206) 227-1149.

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 shall 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 summarizing 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 

[[Page 47502]]
postcard on which the following statement is made: ``Comments to Docket 
Number 94-NM-212-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, Transport Airplane Directorate, ANM-103, Attention: Rules 
Docket No. 94-NM-212-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.
Discussion

    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 ATP airplanes. 
The CAA advises that it received a report indicating that an engine 
power cable failed while the airplane was on the ground. Investigation 
revealed that the engine power cable failure was caused by fatigue 
damage at the point where the cables pass around a small diameter 
pulley. Failure of the engine power cables could result in loss of 
function of the power control levers on the console. This condition, if 
not corrected, could result in loss of normal control of engine power.
    Jetstream has issued Service Bulletin ATP-76-16, dated October 14, 
1994, which describes procedures for repetitive detailed visual 
inspections and tests for damage of the engine power cables, and 
replacement of any damaged cable with a new cable. If one broken wire 
in any strand of an engine power cable is found, the service bulletin 
permits 60 further landings before replacement of the damaged cable. 
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 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, 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, the proposed AD would require repetitive detailed 
visual inspections and tests for damage of the engine power cables, and 
replacement of any damaged cable with a new cable. The actions would be 
required to be accomplished in accordance with the service bulletin 
described previously.
    Operators should note that, unlike the procedures recommended in 
the referenced Jetstream service bulletin, this proposed rule would not 
permit further flight after detection of any cable that is found with 
one wire broken in any strand. Instead, this proposed rule would 
require, prior to further flight, repair of the cable in accordance 
with the service bulletin. The FAA finds that an adequate level of 
safety for the affected fleet requires that damaged cables must be 
replaced prior to further flight. The FAA has determined that, in cases 
where certain known unsafe conditions exist, and where actions to 
detect and correct that unsafe condition can be readily accomplished, 
those actions must be required.
    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. The FAA 
points out that 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 included in this notice to clarify this long-standing requirement.
    The FAA estimates that 10 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 2 work 
hours per airplane to accomplish the proposed actions, and that the 
average labor rate is $60 per work hour. Based on these figures, the 
total cost impact of the proposed AD on U.S. operators is estimated to 
be $1,200, or $120 per airplane.
    The total cost impact figure discussed above is based on 
assumptions that no operator has yet accomplished any of the proposed 
requirements of this AD action, and that no operator would accomplish 
those actions in the future if this AD were not adopted.
    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 proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the 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 is contained 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 USC 106(g), 40101, 40113, 44701.

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

Jetstream Aircraft Limited (Formerly British Aerospace Commercial 
Aircraft Limited): Docket 94-NM-212-AD.

    Applicability: Model ATP airplanes, constructor's numbers 2002 
through 2063 inclusive; 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 (c) of this AD to request approval from the 
FAA. This 

[[Page 47503]]
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 loss of function of the power control levers on the 
console and subsequent loss of normal control of engine power due to 
failure of the engine power cables, accomplish the following:
    (a) Perform a detailed visual inspection and tests for damage of 
the engine power cables, in accordance with Jetstream Service 
Bulletin ATP-76-16, dated October 14, 1994, at the earlier of the 
times specified in paragraphs (a)(1) and (a)(2) of this AD. 
Thereafter repeat this inspection and tests at intervals not to 
exceed 1,000 landings.
    (1) Prior to the accumulation of 1,000 total landings on the 
engine power cable, or within 200 landings after the effective date 
of this AD, whichever occurs later.
    (2) Within 75 days after the effective date of this AD.
    (b) If any damaged engine power cable is found, prior to further 
flight, replace the damaged engine power cable with a new cable in 
accordance with the Jetstream Service Bulletin ATP-76-16, dated 
October 14, 1994. Thereafter, repeat the inspection and tests 
required by paragraph (a) of this AD at intervals not to exceed 
1,000 landings.
    (c) 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 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Standardization Branch, ANM-113.

    (d) 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.

    Issued in Renton, Washington, on September 7, 1995.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 95-22717 Filed 9-12-95; 8:45 am]
BILLING CODE 4910-13-U