[Federal Register Volume 62, Number 247 (Wednesday, December 24, 1997)]
[Proposed Rules]
[Pages 67303-67304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33510]



[[Page 67303]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-NM-143-AD]
RIN 2120-AA64


Airworthiness Directives; British Aerospace Model 4100 Series 
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 British Aerospace Model 
4100 series airplanes. This proposal would require replacement of the 
stringer joint pieces at the left side of the fuselage with new, 
improved parts. This proposal is prompted by issuance of mandatory 
continuing airworthiness information by a foreign civil airworthiness 
authority. The actions specified by the proposed AD are intended to 
prevent the fuselage structure at the stringer joint at station 130 on 
the left side of the airplane from cracking, which could result in 
rapid decompression of the airplane at the forward fuselage area.

DATES: Comments must be received by January 23, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 97-NM-143-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 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.

FOR FURTHER INFORMATION CONTACT:
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056, telephone (425) 
227-2110; fax (425) 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 postcard on which the following statement is made: ``Comments 
to Docket Number 97-NM-143-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. 97-NM-143-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056

Discussion

    The Civil Aviation Authority (CAA), which is the airworthiness 
authority for the United Kingdom, notified the FAA that an unsafe 
condition may exist on certain British Aerospace Model 4100 series 
airplanes. The CAA advises that a batch of fuselage stringer joint 
pieces were incorrectly formed during manufacturing. This condition, if 
not corrected, could cause reduced fatigue strength properties of the 
joint piece, cracking, and failure of the fuselage structure on the 
stringer joint at four positions at station 130 on the left side of the 
airplane, which could result in rapid decompression of the aircraft at 
the forward fuselage area.

Explanation of Relevant Service Information

    Jetstream has issued Service Bulletin J41-53-039, dated August 22, 
1996, which describes procedures for replacement of certain stringer 
joint pieces with new, improved parts. Accomplishment of the actions 
specified in the service bulletin is intended to adequately address the 
identified unsafe condition. The CAA classified this service bulletin 
as mandatory and issued British airworthiness directive 005-08-96 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 Proposed 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, the proposed AD would require accomplishment of 
the actions specified in the service bulletin described previously.

Cost Impact

    The FAA estimates that 10 Model 4100 series airplanes of U.S. 
registry would be affected by this proposed AD, that it would take 
approximately 70 work hours per airplane to accomplish the proposed 
actions, and that the average labor rate is $60 per work hour. Required 
parts would be provided by the manufacturer at no cost to operators. 
Based on these figures, the cost impact of the proposed AD on U.S. 
operators is estimated to be $42,000, or $4,200 per airplane.
    The 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.

Regulatory Impact

    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

[[Page 67304]]

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 U.S.C. 106(g), 40113, 44701.


Sec. 39.13  [Amended]

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

British Aerospace Regional Aircraft [Formerly Jetstream Aircraft 
Limited; British Aerospace (Commercial Aircraft) Limited]: Docket 
97-NM-143-AD.

    Applicability: Model 4100 series airplanes, constructors numbers 
41081 through 41091 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 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 the fuselage structure at the stringer joint at 
station 130 on the left side of the airplane from cracking, which 
could result in rapid decompression of the airplane at the forward 
fuselage area, accomplish the following:
    (a) Within 6,000 flight hours after the effective date of this 
AD, replace the stringer joint pieces at four positions at station 
130 on the left side of the airplane with new, improved parts in 
accordance with the Accomplishment Instructions of Jetstream Service 
Bulletin J41-53-039, dated August 22, 1996.
    (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, International Branch, ANM-116, 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, International 
Branch, ANM-116.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

    (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.

    Note 3: The subject of this AD is addressed in the British 
airworthiness directive 005-08-96.

    Issued in Renton, Washington, on December 16, 1997.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 97-33510 Filed 12-23-97; 8:45 am]
BILLING CODE 4910-13-M