[Federal Register Volume 63, Number 49 (Friday, March 13, 1998)]
[Rules and Regulations]
[Pages 12405-12407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6331]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-NM-223-AD; Amendment 39-10386; AD 98-06-09]
RIN 2120-AA64


Airworthiness Directives; British Aerospace Model HS 748 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to all British Aerospace Model HS 748 series airplanes. This 
action requires a visual inspection to detect fatigue cracking or loose 
fitting stress pads of the aileron operating arm brackets; and follow-
on corrective actions, if necessary. This amendment is prompted by 
issuance of mandatory continuing airworthiness information by a foreign 
civil airworthiness authority. The actions specified in this AD are 
intended to detect and correct fatigue cracking in the flanges of the 
aileron operating arm brackets, which could result in failure of the 
aileron operating arm brackets, failure of the aileron control system, 
and consequent reduced controllability of the airplane.

DATES: Effective March 30, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of March 30, 1998.
    Comments for inclusion in the Rules Docket must be received on or 
before April 13, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 97-NM-223-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: Norman B. Martenson, Manager, 
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: The Civil Aviation Authority (CAA), which is 
the airworthiness authority for the United Kingdom, notified the FAA 
that an unsafe condition may exist on all British Aerospace Model HS 
748 series airplanes. The CAA advises that fatigue cracks have been 
found in the forward flanges of the aileron operating arm bracket. Such 
fatigue cracking, if not detected and corrected in a timely manner, 
could result in failure of the aileron operating arm bracket, failure 
of the aileron control system, and consequent reduced controllability 
of the airplane.

Explanation of Relevant Service Information

    The manufacturer has issued Jetstream Service Bulletin HS748-27-
124, dated November 17, 1995, which describes procedures for a visual 
inspection to detect fatigue cracking of the aileron operating arm 
brackets, and to detect loose or poorly positioned stress pads; and 
follow-on corrective actions, if necessary. For airplanes on which the 
stress pads are loose or poorly positioned, the service bulletin 
describes procedures for repetitive visual inspections, and eventual 
replacement of the aileron operating arm bracket and stress pads with 
new or serviceable parts. For airplanes on which any cracking is found, 
the service bulletin describes procedures for temporary repair and/or 
eventual replacement of the aileron operating arm bracket and stress 
pads with new or serviceable parts. The CAA classified this service 
bulletin as mandatory and issued British airworthiness directive 007-
11-95 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 
21.19) 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 the 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 detect and correct 
fatigue cracking in the flanges of the aileron operating arm bracket, 
which could result in failure of the aileron operating arm bracket, 
failure of the aileron control system, and consequent reduced 
controllability of the airplane. This AD requires accomplishment of the 
actions specified in the service bulletin described previously, except 
as discussed below.

Differences Between This AD and Service Bulletin

    Operators should note that, unlike the procedures described in 
Table 1 of the Jetstream service bulletin, this AD does not permit 
further flight if any crack is detected in the forward flanges of the 
aileron operating arm bracket. The FAA has determined that, because of 
the safety implications and consequences associated with such cracking, 
any forward flanges of the aileron operating arm bracket that are found 
to be cracked must be repaired or the bracket must be replaced prior to 
further flight.

Cost Impact

    None of the airplanes affected by this action are on the U.S. 
Register. All airplanes included in the applicability of this rule 
currently are operated by non-U.S. operators under foreign registry; 
therefore, they are not directly affected by this AD action. However, 
the FAA considers that this rule is necessary to ensure that the unsafe 
condition is addressed in the event that any of these subject airplanes 
are imported and placed on the U.S. Register in the future.
    Should an affected airplane be imported and placed on the U.S. 
Register in the future, it would require approximately 1 work hour to 
perform the required inspection, at an average labor rate of $60 per 
work hour. Based on these figures, the cost impact of this AD would be 
$60 per airplane.

[[Page 12406]]

Determination of Rule's Effective Date

    Since this AD action does not affect any airplane that is currently 
on the U.S. register, it has no adverse economic impact and imposes no 
additional burden on any person. Therefore, prior notice and public 
procedures hereon are unnecessary and the amendment may be made 
effective in less than 30 days after publication in the Federal 
Register.

Comments Invited

    Although this action is in the form of a final rule and was not 
preceded by notice and 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-223-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.
    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) 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 final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it 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:

98-06-09  British Aerospace Regional Aircraft (Formerly British 
Aerospace, Aircraft Group): Amendment 39-10386. Docket 97-NM-223-AD.

    Applicability: All Model HS 748 series airplanes, 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 detect and correct fatigue cracking in the flanges of the 
aileron operating arm bracket, which could result in failure of the 
aileron operating arm bracket, failure of the aileron control 
system, and consequent reduced controllability of the airplane, 
accomplish the following:
    (a) Within 1,000 hours time-in-service or 6 months after the 
effective date of this AD, whichever occurs first, perform a visual 
inspection for fatigue cracking and for loose or poorly fitting 
stress pads on each aileron operating arm bracket, in accordance 
with Jetstream Service Bulletin HS748-27-124, dated November 17, 
1995.
    (1) If no crack is detected during the inspection required by 
paragraph (a) of this AD, and the stress pads are positioned to 
ensure a snug fit into the heel of the attach flange, no further 
action is required by this AD.
    (2) If no crack is detected during the inspection required by 
paragraph (a) of this AD, but any stress pad is either loose or 
poorly positioned, repeat the visual inspection thereafter at 
intervals not to exceed 1,000 hours time-in-service or 6 months, 
whichever occurs first, up to a maximum of 4,000 hours time-in-
service or 24 months, whichever occurs first, at which time the 
aileron operating arm bracket and stress pads must be replaced with 
new or serviceable parts in accordance with the service bulletin.
    (3) If any crack is detected during the inspection required by 
paragraph (a) of this AD, prior to further flight, accomplish the 
action specified in either paragraph (a)(3)(i) or (a)(3)(ii) of this 
AD, in accordance with the service bulletin.
    (i) Replace the aileron operating arm bracket and stress pads 
with new or serviceable parts. No further action is required by this 
AD.
    (ii) Temporarily repair the aileron operating arm bracket. 
Within 1,000 hours time-in-service after accomplishment of this 
repair, replace the aileron operating arm bracket and stress pads 
with new or serviceable parts. No further action is required by this 
AD.
    (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.
    (d) The actions shall be done in accordance with Jetstream 
Service Bulletin HS748-27-124, dated November 17, 1995. 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)

[[Page 12407]]

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.

    Note 3: The subject of this AD is addressed in the British 
airworthiness directive 007-11-95.

    (e) This amendment becomes effective on March 30, 1998.

    Issued in Renton, Washington, on March 5, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-6331 Filed 3-12-98; 8:45 am]
BILLING CODE 4910-13-P