[Federal Register Volume 62, Number 136 (Wednesday, July 16, 1997)]
[Rules and Regulations]
[Pages 38015-38016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-18503]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 Prices of new books are listed in the first FEDERAL REGISTER issue of each 
 week.
 
 ========================================================================
 

  Federal Register / Vol. 62, No. 136 / Wednesday, July 16, 1997 / 
Rules and Regulations  

[[Page 38015]]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-NM-131-AD; Amendment 39-10078; AD 97-15-05]
RIN 2120-AA64


Airworthiness Directives; British Aerospace (Jetstream) Model 
4101 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to certain British Aerospace (Jetstream) Model 4101 
airplanes. This action requires an inspection to determine the data on 
the label of certain hose assemblies, and replacement of all hose 
assemblies from any discrepant batch with certain new hose assemblies. 
This amendment is prompted by a report of failure of a hose assembly in 
the fire extinguisher system of the engine nacelle due to cracks, 
caused during manfacture of the hose assemblies, in the swaged ferrule 
that attaches the hose to the end fitting. The actions specified in 
this AD are intended to ensure that such discrepant hose assemblies are 
replaced. Discrepant hose assemblies could fail and consequently 
prevent the proper distribution of fire extinguishing agent within the 
engine nacelle in the event of a fire.

DATES: Effective July 31, 1997.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of July 31, 1997.
    Comments for inclusion in the Rules Docket must be received on or 
before September 15, 1997.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 97-NM-131-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056.
    The service information referenced in this AD may be obtained from 
AI(R) American Support, Inc., 13850 Mclearen Road, Herndon, Virginia 
20171. This information may be examined at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the 
Office of the Federal Register, 800 North Capitol Street, NW., suite 
700, Washington, DC.

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 (425) 
227-2148; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: 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 British Aerospace 
(Jetstream) Model 4101 airplanes. The CAA advises that it has received 
a report of failure of a hose assembly in the fire extinguisher system 
of the engine nacelle on an in-service airplane. Investigation revealed 
that the cause of such a failure was attributed to cracks in the swaged 
ferrule that attaches the hose to the end fitting. These cracks were 
caused apparently during manufacture of two batches of hose assemblies. 
Defective hose assemblies, if not corrected, could result in failure of 
the hose assemblies and consequently prevent the proper distribution of 
fire extinguishing agent within the engine nacelle in the event of a 
fire.

Explanation of Relevant Service Information

    The manufacturer has issued Jetstream Alert Service Bulletin J41-
A26-007, dated December 13, 1996, which describes procedures for 
performing a one-time detailed visual inspection to determine the data 
on the label of the two suspect hose assemblies having part number 
14191001-56. The service bulletin also describes procedures for 
replacement of all hose assemblies from any discrepant batch with 
certain new hose assemblies (i.e., from a non-discrepant batch) that 
has different data on the identification label. The CAA classified this 
alert service bulletin as mandatory and issued British airworthiness 
directive 001-12-96 in order to assure the continued airworthiness of 
these airplanes in the United Kingdom.

FAA's Conclusions

    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.

Explanation of Requirements of Rule

    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, this AD is being issued to ensure all hose 
assemblies from the two discrepant batches are replaced; discrepant 
assemblies could fail and consequently prevent the proper distribution 
of the fire extinguishing agent within the engine nacelle in the event 
of a fire. This AD requires a one-time detailed visual inspection to 
determine the data on the label of certain hose assemblies, and 
replacement of all hose assemblies from any discrepant batch with 
certain new hose assemblies. The actions are required to be 
accomplished in accordance with the alert service bulletin described 
previously.

Determination of Rule's Effective Date

    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements

[[Page 38016]]

affecting flight safety and, thus, was not preceded by notice and an 
opportunity for public comment, comments are invited on this rule. 
Interested persons are invited to comment on this 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 under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether additional rulemaking action would be 
needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the 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 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 97-NM-131-AD.'' The postcard will be date stamped and 
returned to the commenter.

Regulatory Impact

    The regulations adopted herein will 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 final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket. 
A copy of it, if filed, may be obtained from the Rules Docket at the 
location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends 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 the following new 
airworthiness directive:

97-15-05  British Aerospace Regional Aircraft [Formerly: Jetstream 
Aircraft Limited, British Aerospace (Commercial Aircraft) Limited], 
Amendment 39-10078. Docket 97-NM-131-AD.

    Applicability: Jetstream Model 4101 airplanes, constructors 
numbers 41004 through 41096 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 otherwise 
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 (b) 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, unless accomplished 
previously.
    To prevent failure of the hose assemblies, which could prevent 
the proper distribution of the fire extinguishing agent within the 
engine nacelle in the event of a fire, accomplish the following:
    (a) Within 30 days after the effective date of this AD, perform 
a one-time detailed visual inspection to determine the data on the 
label of the two hose assemblies having part number 14191001-56, in 
accordance with Jetstream Alert Service Bulletin J41-A26-007, dated 
December 13, 1996.
    (1) If the data on any hose assembly are not identical to the 
data shown on either Label 1 or Label 2 of Figure 2 of the 
Accomplishment Instructions of the alert service bulletin, no 
further action is required by this AD.
    (2) If the data on any hose assembly are identical to the data 
shown in either Label 1 or Label 2 in Figure 2 of the Accomplishment 
Instructions of the alert service bulletin, prior to the 
accumulation of 60 flight hours following accomplishment of the 
inspection required by paragraph (a) of this AD, replace the hose 
assembly with a new hose assembly that has different data on the 
identification label, in accordance with the alert service bulletin.
    (b) 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.

    (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) The inspection and replacement shall be done in accordance 
with Jetstream Alert Service Bulletin J41-A26-007, dated December 
13, 1996. This incorporation by reference was approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) 
and 1 CFR part 51. Copies may be obtained from AI(R) American 
Support, Inc., 13850 Mclearen Road, Herndon, Virginia 20171. Copies 
may be inspected at the FAA, Transport Airplane Directorate, 1601 
Lind Avenue, SW., Renton, Washington; or at the Office of the 
Federal Register, 800 North Capitol Street, NW., suite 700, 
Washington, DC.
    (e) This amendment becomes effective on July 31, 1997.

    Issued in Renton, Washington, on July 9, 1997.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 97-18503 Filed 7-15-97; 8:45 am]
BILLING CODE 4910-13-U