[Federal Register Volume 63, Number 58 (Thursday, March 26, 1998)]
[Proposed Rules]
[Pages 14656-14658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7886]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-CE-110-AD]
RIN 2120-AA64


Airworthiness Directives; British Aerospace Model HP.137 
Jetstream Mk.1, Jetstream Model 3101, Jetstream Model 3201, and 
Jetstream 200 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes to adopt a new airworthiness directive 
(AD) that would apply to certain British Aerospace (BAe) Model HP.137 
Jetstream Mk.1, Jetstream Model 3101, Jetstream Model 3201, and 
Jetstream 200 series airplanes. The proposed AD would require replacing 
the windshield wiper arm attachment bolts and windshield wiper arm on 
all of the affected airplanes, and measuring the material thickness of 
the upper and lower toggle attachment brackets on the nose landing gear 
of the affected airplanes, and replacing the toggle attachment bracket 
lugs if necessary. The proposed AD is the result of mandatory 
continuing airworthiness information (MCAI) issued by the airworthiness 
authority for the United Kingdom. The actions specified by the proposed 
AD are intended to prevent the windshield wiper arm from corroding, 
detaching from the airplane during flight, and penetrating the 
fuselage, which, if not corrected, could result in possible injury to 
the pilot and passengers; and to prevent collapse of the nose landing 
gear caused by design deficiency, which, if not corrected, could result 
in loss of control of the airplane during landing operations.

DATES: Comments must be received on or before April 27, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 97-CE-110-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 British Aerospace Regional Aircraft., Prestwick International 
Airport, Ayrshire, KA9 2RW, Scotland; telephone: (01292) 479888; 
facsimile: (01292) 479703. This information also may be examined at the 
Rules Docket at the address above.

FOR FURTHER INFORMATION CONTACT: Mr. S. M. Nagarajan, Aerospace 
Engineer, Small Airplane Directorate, Aircraft 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

[[Page 14657]]

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. 97-CE-110-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, Central Region, Office of the Regional Counsel, Attention: 
Rules Docket No. 97-CE-110-AD, Room 1558, 601 E. 12th Street, Kansas 
City, Missouri 64106.

Discussion

    The Civil Airworthiness Authority (CAA), which is the airworthiness 
authority for the United Kingdom, notified the FAA that unsafe 
conditions may exist on certain BAe Model HP.137 Jetstream Mk.1, 
Jetstream Model 3101, Jetstream Model 3201, and Jetstream 200 series 
airplanes. The CAA reports the following:

--That a windshield wiper arm came loose from one of the above 
airplanes. Once the wiper arm detached from the airplane, it hit the 
propeller blade, and broke off the tip of the propeller blade. The 
wiper arm, wiper arm attachment bolt, and the propeller tip penetrated 
the fuselage. It was later determined by a CAA investigation that the 
wiper arm attachment bolt failed because of corrosion.
--That a nose landing gear (NLG) failure was attributed to fatigued NLG 
toggle bracket lugs and axle bracket lugs. Further investigation by the 
CAA and the manufacturer determined that external radii drawing 
tolerances have led to insufficient wall thicknesses, contributing to 
fatigue on the NLG axle brackets during landing.

    These conditions, if not corrected, could result in pilot and 
passenger injury and loss of control of the airplane during landing 
operations.

Relevant Service Information

    BAe has issued the following service information:
    Jetstream Series 3100/3200 Service Bulletin (SB) 30-JA 950641, 
Original Issue: August 23, 1996, Revision No. 2: March 18, 1997, which 
specifies following the procedures provided in Rosemont Aerospace Inc. 
Service Bulletin No. 2314M-30-16, dated December, 1996, for replacing 
the windshield wiper arm attachment bolts; and,
    Jetstream Series 3100/3200 Alert Service Bulletin No. 32-JA 960601, 
Original Issue: October 25, 1996, Revision No. 1: dated April 11, 1997, 
which specifies following the procedures provided in APPH Precision 
Hydraulics SB No. 32-66, Revision No. 2, Issued: March 1997, for 
measuring the outer wall thickness of the toggle bracket lugs and the 
axle bracket lugs on the nose landing gear, and replacing these parts 
if the measurement is not within certain measurements limits. This SB 
incorporates the following effective pages:

------------------------------------------------------------------------
              Pages                  Revision level           Date      
------------------------------------------------------------------------
2, 5, and 6......................  Revision 2........  March 1997.      
------------------------------------------------------------------------

    The CAA classified these service bulletins as mandatory and issued 
the following AD's in order to assure the continued airworthiness of 
these airplanes in the United Kingdom: British AD 006-08-96, not dated, 
for the windshield wipers condition; and British AD 002-10-96, not 
dated, for the nose landing gear condition.

The FAA's Determination

    These airplane models are manufactured in the United Kingdom and 
are 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, including the service information referenced 
above, and determined that AD action is necessary for products of this 
type design that are certificated for operation in the United States.

Explanation of the Provisions of the Proposed AD

    Since an unsafe condition has been identified that is likely to 
exist or develop in other BAe Model HP.137 Jetstream Mk.1, Jetstream 
Model 3101, Jetstream Model 3201, and Jetstream 200 series airplanes of 
the same type design registered in the United States, the FAA is 
proposing AD action. This proposed AD would require replacing the 
windshield arm and windshield arm attachment bolt; and, measuring the 
outer wall thickness of the NLG toggle bracket lugs and axle bracket 
lugs, and replacing any part that does not meet the required 
measurements. Accomplishment of these proposed actions would be in 
accordance with the previously referenced service information.

Cost Impact

    The FAA estimates that 314 airplanes in the U.S. registry would be 
affected by the windshield wiper portion of the proposed AD, that it 
would take approximately 2 workhours per airplane to accomplish the 
replacement of the proposed AD, and that the average labor rate is 
approximately $60 an hour. Parts will be provided at no cost. Based on 
these figures, the total cost impact for the windshield wiper portion 
of the proposed AD on U.S. operators is estimated to be $37,680, or 
$120 per airplane.
    The FAA estimates that 284 airplanes in the U.S. registry would be 
affected by the nose landing gear portion of the proposed AD, that it 
would take approximately 2 workhours per airplane to accomplish the 
measurement of the proposed AD, and that the average labor rate is 
approximately $60 an hour. No parts are required to accomplish this 
portion of the proposed AD. Based on these figures, the total cost 
impact of the nose landing gear portion of the proposed AD on U.S. 
operators is estimated to be $34,080, or $120 per airplane.

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 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

[[Page 14658]]

``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:

British Aerospace: Docket No. 97-CE-110-AD.

    Applicability: Model HP.137 Jetstream Mk.1, Jetstream Model 
3101, Jetstream Model 3201, and Jetstream 200 series airplanes (all 
serial numbers), 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 in the body of this AD, unless 
already accomplished.
    To prevent the windshield wiper arm from corroding, detaching 
from the airplane during flight, and penetrating the fuselage, 
which, if not corrected, could result in possible injury to pilot 
and passengers; and to prevent collapse of the nose landing gear 
caused by design deficiency, which, if not corrected, could result 
in loss of control of the airplane during landing operations, 
accomplish the following:
    (a) Within the next 90 days after the effective date of this AD, 
replace the windshield wiper arm and windshield wiper attachment 
bolt in accordance with the Accomplishment Instructions section in 
the Jetstream Series 3100/3200 Service Bulletin (SB) 30-JA 950641, 
Original Issue: August 23, 1996, Revision No. 2: March 18, 1997, and 
the Accomplishment Instructions section of the Rosemont Aerospace 
Inc. SB No. 2314M-30-16, dated December 1996.
    (b) Within the next 90 days after the effective date of this AD, 
measure the outer wall thickness of the nose landing gear (NLG) 
toggle bracket lugs and the axle bracket lugs in accordance with the 
Accomplishment Instructions in APPH Precision Hydraulics SB 32-66, 
Revision No. 2, Issued March 1997 which incorporates the following 
pages:

------------------------------------------------------------------------
              Pages                  Revision level           Date      
------------------------------------------------------------------------
2, 5, and 6.....................  Revision 2.........  March 1997.      
------------------------------------------------------------------------

    Note 2: The APPH SB is referenced in the Accomplishment 
Instructions in Jetstream Series 3100/3200 Alert Service Bulletin 
No. 32-JA 960601, Revision No. 1, April 11, 1997, Original Issue, 
October 25, 1996.

    (1) Prior to further flight, replace the NLG toggle bracket lugs 
and axle bracket lugs, if the measurements of the outer wall 
thickness do not meet the criteria set out in the Table contained in 
paragraph B. (5) of the Accomplishment Instructions section in APPH 
Precision Hydraulics SB 32-66, Revision 2, Issued March 1997.
    (2) If the measurements of the outer wall thickness are within 
the criteria set out in the Table contained in paragraph B. (5) of 
the Accomplishment Instructions section in APPH Precision Hydraulics 
SB 32-66, Revision 2, Issued March 1997, replace the NLG toggle 
bracket lugs and axle bracket lugs at the times specified in the 
Table referenced above, or within the next 50 landings after the 
measurement is taken, whichever occurs later.

    Note 3: The compliance time in this AD takes precedence over the 
compliance times published in the applicable service bulletins.

    (c) Special flight permits may be issued in accordance with 
Secs. 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 provides an equivalent level of safety may be 
approved by the Manager, Small Airplane Directorate, Aircraft 
Certification Service, 1201 Walnut, suite 900, Kansas City, Missouri 
64106. The request shall be forwarded through an appropriate FAA 
Maintenance Inspector, who may add comments and then send it to the 
Manager, Small Airplane Directorate.

    Note 4: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Small Airplane Directorate.

    (e) Questions or technical information related to the service 
information referenced in this AD should be directed to British 
Aerospace Regional Aircraft., Prestwick International Airport, 
Ayrshire, KA9 2RW, Scotland; telephone (01292) 479888; facsimile 
(01292) 479703. This service information may be examined at the FAA, 
Central Region, Office of the Regional Counsel, Room 1558, 601 E. 
12th Street, Kansas City, Missouri 64106.

    Note 5: The subject of this AD is addressed in British AD 002-
10-96, not dated, for the nose landing gear condition; and British 
AD 006-08-96, not dated, for the wind shield wiper condition.

    Issued in Kansas City, Missouri, on March 19, 1998.
Marvin R. Nuss,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-7886 Filed 3-25-98; 8:45 am]
BILLING CODE 4910-13-P