[Federal Register Volume 61, Number 13 (Friday, January 19, 1996)]
[Proposed Rules]
[Pages 1298-1300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-489]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 93-CE-34-AD]


Airworthiness Directives; Jetstream Aircraft Limited (Formerly 
British Aerospace, Regional Airlines Limited) Jetstream Model 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 revise an earlier proposed 
airworthiness directive (AD) that would have required inspecting the 
spigot housing plate at the wing/fuselage forward attachment sliding 
joint on certain Jetstream Aircraft Limited (JAL) Model 3201 airplanes, 
replacing any cracked or corroded part, and eventually replacing the 
spigots and spigot housing plate with new parts of improved design. A 
crack in the spigot housing plate assembly found during fatigue testing 
of the affected airplanes prompted the proposed action. Since 
publication of that proposal, the Federal Aviation Administration (FAA) 
has determined that the proposed action is still a valid safety issue, 
but should be accomplished in accordance with updated service 
information. The proposed action revises the previous proposal by 
referencing an updated service bulletin. The actions specified by the 
proposed AD are intended to prevent structural failure of the wing/
fuselage area caused by a cracked spigot housing assembly. Since the 
comment period for the original proposal has closed and the proposed 
action goes beyond the scope of what was originally proposed, the FAA 
is allowing additional time for the public to comment.

DATES: Comments must be received on or before March 22, 1996.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Assistant Chief 
Counsel, Attention: Rules Docket No. 93-CE-34-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: Ms. Dorenda Baker, Program Officer, 
Brussels Aircraft Certification Office, FAA, Europe, Africa, and Middle 
East Office, c/o American Embassy, B-1000 Brussels, Belgium; telephone 
(322) 508-2715; facsimile (322) 230-6899; or Mr. Jeffrey Morfitt, 
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. 93-CE-34-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of Supplemental NPRMs

    Any person may obtain a copy of this supplemental NPRM by 
submitting a request to the FAA, Central Region, Office of the 
Assistant Chief Counsel, Attention: Rules Docket No. 93-CE-34-AD, Room 
1558, 601 E. 12th Street, Kansas City, Missouri 64106. 

[[Page 1299]]


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 Jetstream 
Aircraft Limited (JAL) Jetstream Model 3201 airplanes was published in 
the Federal Register on July 20, 1993 (58 FR 38732). The action 
proposed to require inspecting the spigot housing plate at the wing/
fuselage forward attachment sliding joint, replacing any cracked or 
corroded part, and eventually replacing the spigots and spigot housing 
plate with new parts of improved design. The proposal would have been 
accomplished in accordance with Jetstream Service Bulletin (SB) 57-JA 
921144, dated March 4, 1993.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. One comment was received in favor of 
the proposed rule and no comments were received concerning the FAA's 
determination of the cost to the public.
    JAL has revised SB No. 57-JA 921144 to the Revision 1 level (dated 
April 19, 1994). This revision amends the installation instructions for 
the new spigot housing plates to account for possible misalignment of 
attachment holes, which could lead to elongation.
    Since publication of the proposal, the FAA has re- examined various 
service difficulty reports on the affected airplanes, determined that 
the proposed modification is still a valid safety issue (but not 
considered an urgent safety of flight issue), and determined that the 
proposed action should be accomplished in accordance with the above-
referenced revised service bulletin. Since the comment period for the 
original proposal has closed and the installation instructions in the 
service bulletin have been amended, the FAA is reopening the comment 
period to provide additional time for public comment.
    The alternative to incorporating a new modified spigot and spigot 
housing plate would be to require repetitive inspections. FAA aging 
commuter-class aircraft policy states that reliance on critical 
repetitive inspections carries an unnecessary safety risk when a design 
change exists that could eliminate or, in certain instances, reduce the 
number of those critical inspections. Therefore, the proposed action, 
if incorporated as a final rule, would be consistent with the FAA's 
aging commuter-class aircraft policy.
    The FAA estimates that 120 airplanes in the U.S. registry would be 
affected by the proposed AD, that it would take approximately 23 
workhours per airplane to accomplish the proposed action, and that the 
average labor rate is approximately $60 an hour. Parts will be provided 
by the manufacturer at no cost to the owner/operator. Based on these 
figures, the total cost impact of the proposed AD on U.S. operators is 
estimated to be $165,600. These figures take into account that none of 
the affected airplanes have the proposed modification incorporated.
    Jetstream Aircraft Limited has informed the FAA that parts have 
been distributed to equip approximately 30 airplanes (approximately 25 
percent of the fleet in the U.S. registry). Assuming that each set of 
parts is installed on an affected Jetstream Model 3201 airplane, the 
proposed cost impact upon U.S. operators would be further reduced 
$41,400 from $165,600 to $124,200.
    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 USC 106(g), 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding a new airworthiness directive 
(AD) to read as follows:

Jetstream Aircraft Limited: Docket No. 93-CE-34-AD.

    Applicability: Jetstream Model 3201 airplanes (serial numbers 
790 through 960), 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 request approval for an 
alternative method of compliance in accordance with paragraph (d) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated after the effective date of 
this AD, unless already accomplished.
    To prevent structural failure of the wing/fuselage area caused 
by a cracked spigot housing assembly, accomplish the following:
    (a) Upon the accumulation of 7,200 hours time-in-service (TIS) 
or within the next 500 hours TIS after the effective date of this 
AD, whichever occurs later, inspect the spigot housing plate at the 
wing/fuselage forward attachment sliding joint for corrosion or 
cracks. Accomplish this inspection in accordance with Part 1 of the 
ACCOMPLISHMENT INSTRUCTIONS section of Jetstream Service Bulletin 
(SB) 57-JA 921144, Revision 1, dated April 19, 1994.
    (1) If any corrosion or cracks are found, prior to further 
flight, modify the spigot and spigot housing plate in accordance 
with either Part 2 or Part 3, as applicable, of the ACCOMPLISHMENT 
INSTRUCTIONS section of Jetstream SB 57-JA 921144, Revision 1, dated 
April 19, 1994.
    (2) If no corrosion or cracks are found, within the next 3,000 
hours TIS after the inspection required by paragraph (a) of this AD, 
modify the spigot and spigot housing plate in accordance with either 
Part 2 or Part 3, as applicable, of the ACCOMPLISHMENT INSTRUCTIONS 
section of Jetstream SB 57-JA 921144, Revision 1, dated April 19, 
1994.
    (b) Accomplishing the inspection required by this AD in 
accordance with the original issue of Jetstream SB 57-JA 921144, 
dated March 4, 1993, is considered already accomplished for that 
particular portion of this AD.
    (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

[[Page 1300]]

provides an equivalent level of safety may be approved by the 
Manager, Brussels Aircraft Certification Office (ACO), 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 ACO.

    Note 2: 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 action may obtain copies of the 
documents 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, 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 January 4, 1996.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 96-489 Filed 1-18-96; 8:45 am]
BILLING CODE 4910-13-U