[Federal Register Volume 60, Number 196 (Wednesday, October 11, 1995)]
[Proposed Rules]
[Pages 52870-52872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25159]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95-NM-71-AD]


Airworthiness Directives; Jetstream Model 4101 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes to revise an existing airworthiness 
directive (AD), applicable to certain Jetstream Model 4101 airplanes, 
that currently requires repetitive inspections to detect damage to the 
overwing fairings, and replacement or repair of structurally damaged 
fairings. That AD was prompted by a report indicating that an overwing 
fairing detached from an airplane. The actions specified by that AD are 
intended to prevent reduced controllability of the airplane due to loss 
of an overwing fairing. This action would add an optional terminating 
action for the currently required inspections, and would limit the 
applicability of the rule.

DATES: Comments must be received by November 20, 1995.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 95-NM-71-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: 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:

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 postcard on which the following statement is made: ``Comments 
to Docket Number 95-NM-71-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. 95-NM-71-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On November 22, 1994, the FAA issued AD 94-24-09, amendment 39-9082 
(59 FR 60891, November 29, 1994), applicable to certain Jetstream Model 
4101 airplanes, to require repetitive inspections to detect damage to 
the overwing fairings, and replacement or repair of structurally 
damaged fairings. That AD was prompted by a report that an overwing 
fairing detached from an airplane. The actions specified by that AD are 
intended to prevent reduced controllability of the airplane due to loss 
of an overwing fairing.
    Since the issuance of that AD, the manufacturer has developed a 
modification which, if installed on the airplane, will eliminate the 
need for the repetitive inspections of the overwing fairings. This 
modification (Modification No. JM41392) is described in Jetstream Alert 
Service Bulletin J41-53-031, dated November 22, 1994. It entails the 
installation of a new fairing that has stronger stiffeners and has one 
additional stiffener and an access panel. The Civil Aviation Authority 
(CAA), which is the airworthiness authority for the United Kingdom, 
classified this service bulletin as optional.
    Additionally, Jetstream has issued Alert Service Bulletin J41-53-
028, Revision 2, dated January 17, 1995, which describes procedures for 
conducting 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. Revision 1 of this 
service bulletin was cited in AD 94-24-09 as the appropriate source of 
service information for performing these inspections and repairs. 
Information contained in Revision 2 of this service bulletin is 
essentially the same as that contained in Revision 1; however, the 
effectivity listing has been revised to indicate that the inspections 
are applicable only to airplanes on which Modification JM41392 has not 
been installed in production or in accordance with Jetstream Service 
Bulletin J41-53-031. The CAA classified this service bulletin as 
mandatory.
    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 

[[Page 52871]]
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 revise AD 94-24-09 to 
continue to require repetitive inspections to detect damage to the 
overwing fairings, and replacement or repair of structurally damaged 
fairings. The proposed AD would reference Revision 2 of Jetstream Alert 
Service Bulletin J41-53-028 as an additional source of service 
information for performing these required actions.
    This proposed AD would provide for an optional terminating action 
for the repetitive inspections, consisting of the installation of 
Modification JM41392 (improved wing-to-fuselage fairings). If this 
optional modification is installed, it would be required to be 
accomplished in accordance with Jetstream Service Bulletin J41-53-031, 
described previously. The FAA is not proposing to mandate the 
installation of this modification for several reasons:
    1. The repair of cracked original fairings in accordance with the 
procedures specified in Service Bulletin J41-53-028 and the existing AD 
greatly reduces the probability of additional cracking. Further, 
subsequent to such repair, inspections of the area would continue to be 
required.
    2. Accessing the wing-to-fuselage fairing area for inspection is 
easily accomplished.
    3. The subject damage is easily detectable by means of a visual 
inspection.
    4. The failure of a fairing may adversely affect the 
controllability of the airplane temporarily; however, it likely will 
not result in catastrophic loss of the airplane.
    The applicability of the proposed AD has been revised to include 
only those airplanes on which Modification JM41392 has not been 
installed (either in production or in accordance with Jetstream Service 
Bulletin J41-53-031).
    The FAA estimates that 14 airplanes of U.S. registry would be 
affected by this proposed AD.
    The inspections currently required by AD 94-24-09 take 
approximately 0.25 work hour per airplane to accomplish, at an average 
labor rate of $60 per work hour. Based on these figures, the total cost 
impact of the current inspection requirements of this AD on U.S. 
operators is estimated to be $210, or $15 per airplane, per inspection.
    Should an operator elect to install the optional terminating 
modification, it would take approximately 20 work hours to accomplish, 
at an average labor rate of $60 per work hour. Required parts would 
cost approximately $7,300 per airplane. Based on these figures, the 
total cost impact of this proposed optional terminating modification on 
U.S. operators is estimated to be $8,500 per airplane.
    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.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by removing amendment 39-9082 (59 FR 
60891, November 29, 1994), and by adding a new airworthiness directive 
(AD), to read as follows:

Jetstream Aircraft Limited: Docket 95-NM-71-AD. Revises AD 94-24-09, 
amendment 39-9082.

    Applicability: Model 4102 airplanes; constructor's number 41004 
and subsequent; on which Modification JM41392 has not been installed 
(either during production or in accordance with Jetstream Service 
Bulletin J41-53-031); certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise 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 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 December 14, 1994 (the effective date of 
AD 94-24-09, amendment 39-9082), 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; or Revision 2, dated January17, 
1995.
    (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: Jetstream Alert Service Bulletin J41-53-028 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) Installation of Modification No. JM41392, Parts 1 and 2, in 
accordance with Jetstream Service Bulletin J41-53-031, dated 
November 22, 1994, constitutes terminating action for the 
inspections required by paragraph (a) of this AD.
    (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 

[[Page 52872]]
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.
    Note 4: Alternative methods of compliance previously granted for 
amendment AD 94-24-09, amendment 39-9082, continue to be considered 
as acceptable alternative methods of compliance with this amendment.

    (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 October 4, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 95-25159 Filed 10-10-95; 8:45 am]
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