[Federal Register Volume 61, Number 58 (Monday, March 25, 1996)]
[Proposed Rules]
[Pages 12051-12053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7150]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 95-CE-44-AD]


Airworthiness Directives; Jetstream Aircraft Limited HP137 Mk1, 
Jetstream Series 200, and 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 revise an earlier proposed 
airworthiness directive (AD) that would have required the following on 
Jetstream Aircraft Limited (JAL) HP137 Mk1, Jetstream series 200, and 
Jetstream Models 3101 and 3201 airplanes: repetitively inspecting the 
main landing gear (MLG) pintle to cylinder interface for cracks, and 
replacing any MLG cylinder that has a crack exceeding certain limits. 
Reports of MLG cracks in the area of the pintle to cylinder interface 
on three of the affected airplanes prompted the proposal. Since 
publication of that proposal, the Federal Aviation Administration (FAA) 
has determined that the proposed action is still a valid safety issue, 
but that the MLG cylinder should be replaced if any cracks are found 
regardless of the length. This proposed action revises the previous 
proposal by incorporating this change. The actions specified by the 
proposed AD are intended to prevent failure of the MLG caused by cracks 
in the pintle to cylinder interface area, which, if not detected and 
corrected, could result in loss of control of the airplane during 
landing operations. Since the comment period for the original proposal 
has closed and the change described above 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 May 24, 1996.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Assistant Chief 
Counsel, Attention: Rules Docket No. 95-CE-44-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, Prestwick International 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, D.C. 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 Manager, 
Brussels Aircraft Certification Office, FAA, Europe, Africa, and Middle 
East Office, c/o American Embassy, B-1000 Brussels, Belgium; telephone 
(32 2) 508.2715; facsimile (32 2) 230.6899; or Mr. Jeffrey Morfitt, 
Project Officer, Small Airplane Directorate, Aircraft Certification 
Service, FAA, 1201 Walnut, suite 900, Kansas City, Missouri 64105; 
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

[[Page 12052]]
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 supplemental 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 supplemental notice must submit a self-
addressed, stamped postcard on which the following statement is made: 
``Comments to Docket No. 95-CE-44-AD.'' The postcard will be date 
stamped and returned to the commenter.

Availability of Supplemental NPRM's

    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. 95-CE-44-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 HP137 
Mk1, Jetstream series 200, and Jetstream Models 3101 and 3201 airplanes 
was published in the Federal Register on September 19, 1995 (60 FR 
48429). The action proposed to require repetitively inspecting (using 
non-destructive testing eddy current methods) the MLG pintle to 
cylinder interface for cracks, and replacing any MLG cylinder that has 
a crack exceeding certain limits. Accomplishment of the proposed 
inspections would be in accordance with Jetstream Alert Service 
Bulletin 32-A-JA 941245, Revision 2, dated March 28, 1995, and AP 
Precision Hydraulics Ltd. Service Bulletin 32-56, Revision 3, dated 
February 1995.
    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 regarding the FAA's 
determination of the cost to the public.
    Since publication of the proposal, the FAA has re-examined all 
information related to this subject and determined that the MLG 
cylinder should be replaced if any cracks are found, and not merely if 
cracks are found that exceed certain limits. The FAA has determined 
that no airplane should be allowed to operate with cracks in a single-
load path primary structure element (the MLG is considered a single-
load path primary structure element), and should be repaired or 
replaced immediately.
    Since the comment period for the original proposal has closed and 
revision of the NPRM to require immediate MLG cylinder replacement if 
any crack is found in the MLG pintle to cylinder interface for the JAL 
HP137 Mk1, Jetstream series 200, and Jetstream Models 3101 and 3201 
airplanes proposes actions that go beyond the scope of what was already 
proposed, the FAA is allowing additional time for the public to 
comment.
    The FAA estimates that 250 airplanes in the U.S. registry would be 
affected by the proposed AD, that it would take approximately 6 
workhours per airplane to accomplish the proposed action, and that the 
average labor rate is approximately $60 an hour. Based on these 
figures, the total cost impact of the proposed inspection on U.S. 
operators is estimated to be $90,000. This figure does not take into 
account the cost of repetitive inspections or the cost of replacement 
MLG cylinders if cracks are found that exceed certain limits. The FAA 
has no way of determining the number of repetitive inspections each 
owner/operator would incur over the life of the airplane or the number 
of MLG cylinders that may be found cracked during the inspections 
proposed by this action.
    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. 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. 95-CE-44-AD.

    Applicability: HP 137 Mk1, Jetstream series 200, and Jetstream 
Models 3101 and 3201 airplanes (all serial numbers), certificated in 
any category, that are equipped with one of the following main 
landing gear (MLG) part numbers: 1863, 1863/4A, 1863/4B, 1863/4C, 
1864, 1864/4A, 1864/4B, 1864/4C, BOOA702850A, BOOA702851A, 
BOOA702925A, BO1A702925A, BOOA703065A, BO1A703065A, BOOA703030A, 
BOOA702926A, BO1A702926A, BOOA703066A, BO1A703066A, BOOA703031A.

    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 initially upon the accumulation of 8,500 
landings on an affected MLG or within the next 100 landings after 
the effective date of this AD, whichever occurs later, unless 
already accomplished, and thereafter at intervals not to exceed 
4,000 landings accumulated on an affected MLG.


[[Page 12053]]

    Note 2: If the number of landings is unknown, hours time-in-
service (TIS) may be used by multiplying the number of hours TIS by 
0.75. If hours TIS are utilized to calculate the number of landings, 
this would make the AD effective ``initially upon the accumulation 
of 11,333 hours TIS on an affected MLG or within the next 133 hours 
TIS after the effective date of this AD, whichever occurs later, and 
thereafter at intervals not to exceed to 5,333 hours TIS accumulated 
on an affected MLG.''

    To prevent failure of the MLG caused by cracks in the pintle to 
cylinder interface area, which, if not detected and corrected, could 
result in loss of control of the airplane during landing operations, 
accomplish the following:
    (a) Using non-destructive testing (NDT) eddy current methods, 
inspect the MLG pintle to cylinder interface for cracks in 
accordance with the following:
    (1) Jetstream Alert Service Bulletin 32-A-JA 941245, Revision 2, 
dated March 28, 1995; and
    (2) AP Precision Hydraulics Ltd. Service Bulletin 32-56, 
Revision 3, dated February 1995.
    (b) If any crack is found during any inspection required by this 
AD, prior to further flight, replace the MLG cylinder with a new 
part. Replacing the MLG cylinder does not eliminate the repetitive 
inspection requirement of this AD.

    Note 3: The ``prior to further flight'' compliance time required 
by this AD if a MLG cylinder is cracked is different from the 
compliance time referenced in Jetstream Alert Service Bulletin 32-A-
JA 941245, Revision 2, dated March 28, 1995; and AP Precision 
Hydraulics Ltd. Service Bulletin 32-56, Revision 3, dated February 
1995. This AD takes precedence over the service information.

    (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 
initial and repetitive compliance times that 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, 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 4: 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; 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 March 19, 1996.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-7150 Filed 3-22-96; 8:45 am]
BILLING CODE 4910-13-U