[Federal Register Volume 63, Number 154 (Tuesday, August 11, 1998)]
[Proposed Rules]
[Pages 42770-42772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21494]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-CE-28-AD]
RIN 2120-AA64


Airworthiness Directives; British Aerospace Jetstream Models 3101 
and 3201 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); Reopening of 
the comment period.

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

SUMMARY: This document proposes to revise an earlier proposed 
airworthiness directive (AD) that would have required removing the 
ground inhibit time delay and the ground test relay from the stall 
warning and protection system on certain British Aerospace Jetstream 
Models 3101 and 3201 airplanes that are equipped with the ground 
inhibit function (Modification JM7813A (SB 27-JM7813A) or JM7813B). 
This proposed AD would have also required rewiring part of the stall 
warning and protection system to assure that system reliance is 
maintained after relay removal. The proposed AD was the result of 
mandatory continuing airworthiness information (MCAI) issued by the 
airworthiness authority for the United Kingdom. Since issuing the NPRM, 
British Aerospace has revised the service information referenced in the 
previous proposal to correct a certain portion of the procedures. The 
Federal Aviation Administration (FAA) has determined that these 
corrected procedures in the revised service information should be 
incorporated into the NPRM, and that the comment period for the 
proposal should be reopened and the public should have additional time 
to comment. The actions specified by the proposed AD are intended to 
prevent failure of the ground inhibit relay while it is in the 
energized position caused by the current design, which could result in 
failure of the stall warning system and possible loss of control of the 
airplane in certain situations if the crew was not aware that the 
system had failed.

DATES: Comments must be received on or before September 9, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 98-CE-28-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, FAA, Small Airplane Directorate, Aircraft Certification 
Service, 1201 Walnut, suite 900, Kansas City, Missouri 64106; 
telephone: (816) 426-6932; facsimile: (816) 426-2169.

SUPPLEMENTARY INFORMATION:

[[Page 42771]]

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 
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. 98-CE-28-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. 98-CE-28-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 British 
Aerospace Jetstream Models 3101 and 3201 airplanes that are equipped 
with the ground inhibit function (Modification JM7813A (SB 27-JM7813A) 
or JM7813B) was published in the Federal Register as a notice of 
proposed rulemaking (NPRM) on April 30, 1998 (63 FR 23686). The NPRM 
proposed to require removing the ground inhibit time delay and the 
ground test relay from the stall warning and protection system. This 
proposed AD also requires rewiring part of the stall warning and 
protection system to assure that system reliance is maintained after 
relay removal. Accomplishment of the proposed action as specified in 
the NPRM would be in accordance with British Aerospace Jetstream Alert 
Service Bulletin 27-A-JM7847, dated December 24, 1997.
    The NPRM was the result of mandatory continuing airworthiness 
information (MCAI) issued by the airworthiness authority for the United 
Kingdom.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were received on the 
proposed rule or the FAA's determination of the cost to the public.

Events Since Issuance of the NPRM

    Since issuance of the NPRM, British Aerospace has revised Jetstream 
Alert Service Bulletin 27-A-JM7847, dated December 24, 1997, to the 
Revision 1 level, dated April 27, 1998. This revision corrects the 
functional test procedures of the original service bulletin.

The FAA's Determination

    After examining all information related to the subject described in 
this document, the FAA has determined that:

--the revised service bulletin should be incorporated into the proposed 
AD; and
--AD action should be taken to incorporate this change to prevent 
failure of the ground inhibit relay while it is in the energized 
position caused by the current design, which could result in failure of 
the stall warning system and possible loss of control of the airplane 
in certain situations if the crew was not aware that the system had 
failed.

The Supplemental NPRM

    Since the service bulletin revision includes procedures that go 
beyond the scope of what was already proposed, the FAA is reopening the 
comment period to allow the public additional time to comment on this 
proposed action.

Cost Impact

    The FAA estimates that 301 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 AD on U.S. operators is 
estimated to be $108,360, or $360 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 ``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. 98-CE-28-AD.

    Applicability: Jetstream Models 3101 and 3201 airplanes, all 
serial numbers, certificated in any category, that are equipped with 
the ground inhibit function (Modification JM7813A (SB 27-JM7813A) or 
JM7813B).

    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

[[Page 42772]]

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 within the next 100 hours time-in-service 
(TIS) after the effective date of this AD, unless already 
accomplished.
    To prevent failure of the ground inhibit relay while it is in 
the energized position caused by the current design, which could 
result in failure of the stall warning system and possible loss of 
control of the airplane in certain situations if the crew was not 
aware that the system had failed, accomplish the following:
    (a) Remove the ground inhibit time delay and the ground test 
relay from the stall warning and protection system, and rewire part 
of the stall warning and protection system to assure that system 
reliance is maintained after relay removal. Accomplish these actions 
in accordance with the ACCOMPLISHMENT INSTRUCTIONS section of 
British Aerospace Jetstream Alert Service Bulletin 27-A-JM7847, 
Revision 1, dated April 27, 1998.
    (b) If the actions of this AD were accomplished in accordance 
with British Aerospace Jetstream Alert Service Bulletin 27-A-JM7847, 
dated December 24, 1997, the affected airplane still needs to be re-
tested in accordance with British Aerospace Jetstream Alert Service 
Bulletin 27-A-JM7847, Revision 1, dated April 27, 1998.
    (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 
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 2: 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 British 
Aerospace Jetstream Alert Service Bulletin 27-A-JM7847, Revision 1, 
dated April 27, 1998, 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 3: The subject of this AD is addressed in British Aerospace 
Jetstream Alert Service Bulletin 27-A-JM7847, dated December 24, 
1997. This service bulletin is classified as mandatory by the United 
Kingdom Civil Aviation Authority (CAA).

    Issued in Kansas City, Missouri, on August 4, 1998.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 98-21494 Filed 8-10-98; 8:45 am]
BILLING CODE 4910-13-P