[Federal Register Volume 63, Number 195 (Thursday, October 8, 1998)]
[Rules and Regulations]
[Pages 54039-54042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26971]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-CE-70-AD; Amendment 39-10825; AD 98-21-16]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This amendment supersedes Airworthiness Directive (AD) 98-12-
23, which currently requires replacing the windshield wiper arm 
attachment bolts and windshield wiper arm on all British Aerospace 
(BAe) Model H.P. 137 Jetstream Mk. 1, Jetstream Series 200, and 
Jetstream Models 3101 and 3201 airplanes. AD 98-12-13 also requires 
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. This AD is the result 
of additional mandatory continuing airworthiness information (MCAI) 
pertaining to this subject received from the airworthiness authority 
for the United Kingdom. This AD would retain the actions of AD 98-12-
23; would make certain actions repetitive; and would change the 
reference to certain service information currently utilized. The 
actions specified in this AD are intended to prevent the windshield 
wiper arm from corroding, detaching from the airplane during flight, 
and penetrating the fuselage, which could result in possible injury to 
the pilot and passengers; and to prevent collapse of the nose landing 
gear caused by the current design, which could result in loss of 
control of the airplane during landing operations.

DATES: Effective January 6, 1999.
    The incorporation by reference of the following service information 
was previously approved by the Director of the Federal Register as of 
July 28, 1998 (63 FR 32119, June 12, 1998):
--Jetstream Series 3100/3200 Service Bulletin 30-JA 950641, which 
incorporates the following pages:

------------------------------------------------------------------------
              Pages                 Revision level           Date
------------------------------------------------------------------------
1...............................  Revision 1........  March 18, 1997.
2 through 8.....................  Revision 2........  March 18, 1997.
------------------------------------------------------------------------

--Jetstream Series 3100/3200 Alert Service Bulletin No. 32-JA 960601, 
Original Issue: October 25, 1996, Revision No. 1: dated April 11, 1997; 
and
--APPH Precision Hydraulics Service Bulletin No. 32-66, which 
incorporates the following pages:

------------------------------------------------------------------------
              Pages                 Revision level           Date
------------------------------------------------------------------------
1,3,4, and 5....................  Revision 1........  October 1996.
2 and 6.........................  Revision 2........  March 1997.
------------------------------------------------------------------------

    Comments for inclusion in the Rules Docket must be received on or 
before November 10, 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-70-AD, Room 1558, 601 E. 12th Street, 
Kansas City, Missouri 64106.
    Service information that applies to this AD may be obtained from 
British Aerospace Regional Aircraft, Prestwick International Airport, 
Ayrshire, KA9 2RW, Scotland; telephone: (01292) 479888; facsimile: 
(01292) 479703. This information may also be examined at the Federal 
Aviation Administration (FAA), Central Region, Office of the Regional 
Counsel, Attention: Rules Docket No. 98-CE-70-AD, Room 1558, 601 E. 
12th Street, Kansas City, Missouri 64106; or at the Office of the 
Federal Register, 800 North Capitol Street, NW, suite 700, Washington, 
DC.

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) 426-6934; facsimile: (816) 426-2169.

SUPPLEMENTARY INFORMATION:

Discussion

    On June 3, 1998, the FAA issued AD 98-12-23, Amendment 39-10577 (63 
FR 32119, June 12, 1998), which currently requires the following on BAe 
Model H.P. 137 Jetstream Mk. 1, Jetstream Series 200, and Jetstream 
Models 3101 and 3201 airplanes:

--Replacing the windshield wiper arm and windshield wiper arm 
attachment bolt;
--Measuring the outer wall thickness of the nose landing gear (NLG) 
toggle bracket lugs and axle bracket lugs; and
--Replacing the toggle bracket lugs and axle bracket lugs immediately 
and/or at the end of their fatigue life limit, depending on the 
condition of the parts.

    Accomplishment of the actions specified in AD 98-12-23 is required 
in accordance with the following:


[[Page 54040]]


--Jetstream Series 3100/3200 Service Bulletin (SB) 30-JA 950641, which 
incorporates the following pages:

------------------------------------------------------------------------
              Pages                 Revision level           Date
------------------------------------------------------------------------
1...............................  Revision 1........  March 18, 1997.
2 through 8.....................  Revision 2........  March 18, 1997.
------------------------------------------------------------------------

This service bulletin specifies following the procedures provided in 
Rosemont Aerospace Inc. Service Bulletin No. 2314M-30-16, dated 
December, 1996;

--APPH Precision Hydraulics SB No. 32-66, which incorporates the 
following pages:

------------------------------------------------------------------------
              Pages                 Revision level           Date
------------------------------------------------------------------------
1,3,4, and 5....................  Revision 1........  October 1996.
2 and 6.........................  Revision 2........  March 1997.
------------------------------------------------------------------------

This service bulletin is referenced in the Accomplishment Instructions 
section of Jetstream Series 3100/3200 Alert Service Bulletin No. 32-JA 
960601, Original Issue: October 25, 1996, Revision No. 1: dated April 
11, 1997.
    AD 98-12-23 was the result of mandatory continuing airworthiness 
information (MCAI) issued by the Civil Airworthiness Authority (CAA), 
which is the airworthiness authority for the United Kingdom.

Events Leading to the Issuance of This AD

    The CAA recently notified the FAA that part of the information it 
shared with the FAA is incorrect, and consequently there are mistakes 
in AD 98-12-23. These mistakes are:

--The procedures included in Rosemont Aerospace Inc. Service Bulletin 
No. 2314M-30-16, dated December 1996, are incorrect, and should not be 
used to accomplish the windshield wiper arm assembly and wiper arm 
attachment bolt replacements; and
--The requirement of replacing the windshield wiper arm, attachment 
bolt, and assembly should be repetitive instead of a one-time action.

The FAA's Determination

    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 information received from 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.

Explanation of the Provisions of This 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 
Series 200, and Jetstream Models 3101 and 3201 airplanes of the same 
type design registered in the United States, the FAA is issuing an AD 
to supersede AD 98-12-23. This AD would retain the actions of AD 98-12-
23; would make certain actions repetitive; and would change the 
reference to certain service information currently utilized in AD 98-
12-23. Accomplishment of the actions of this AD would be required in 
accordance with the previously referenced service bulletins, except for 
Rosemont Aerospace Inc. Service Bulletin No. 2314M-30-16, dated 
December 1996.

Cost Impact

    The FAA estimates that 314 airplanes in the U.S. registry will be 
affected by the windshield wiper portion of this AD, that it will take 
approximately 2 workhours per airplane to accomplish the replacement 
required by this AD, and that the average labor rate is approximately 
$60 an hour. Parts will be provided at by the manufacturer at no cost 
to the owners/operators of the affected airplanes. Based on these 
figures, the total cost impact for the windshield wiper portion of this 
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 will be 
affected by the nose landing gear portion of this AD, that it will take 
approximately 2 workhours per airplane to accomplish the measurement 
required by this AD, and that the average labor rate is approximately 
$60 an hour. The cost impact only takes into account the cost of the 
initial inspection. The FAA has no way of determining the number of 
parts that may be found damaged or in need of replacement during the 
initial inspection. Therefore, the FAA is not estimating the cost of 
parts or the workhours to accomplish a part replacement for this AD. 
Based on these figures, the total cost impact for the inspection of the 
nose landing gear portion of this AD on U.S. operators is estimated to 
be $34,080, or $120 per airplane.
    The only difference between the cost impact of AD 98-12-23 and this 
AD is the difference between the expense of a one-time replacement of 
the windshield wiper arm attachment bolt and assembly and the expense 
of repetitive replacements, respectively. The FAA has no way of 
determining how many replacements each owner/operator of the affected 
airplanes would incur over the life of the airplane. Therefore, the 
cost impact upon the public is the same as was presented in AD 98-12-
23.

The Direct Final Rule Procedure

    The FAA anticipates that this regulation will not result in adverse 
or negative comment and therefore is issuing it as a direct final rule. 
The requirements of this direct final rule address an unsafe condition 
identified by a foreign civil airworthiness authority and do not impose 
a significant burden on affected operators. In accordance with Section 
11.17 of the Federal Aviation Regulations (14 CFR 11.17) unless a 
written adverse or negative comment, or a written notice of intent to 
submit an adverse or negative comment, is received within the comment 
period, the regulation will become effective on the date specified 
above. After the close of the comment period, the FAA will publish a 
document in the Federal Register indicating that no adverse or negative 
comments were received and confirming the date on which the final rule 
will become effective. If the FAA

[[Page 54041]]

does receive, within the comment period, a written adverse or negative 
comment, or written notice of intent to submit such a comment, a 
document withdrawing the direct final rule will be published in the 
Federal Register, and a notice of proposed rulemaking may be published 
with a new comment period.

Comments Invited

    Although this action is in the form of a final rule and 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 No. 98-CE-70-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 noncontroversial and 
unlikely to result in adverse or negative comments. For reasons 
discussed in the preamble, I certify that this regulation (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 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, 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 removing airworthiness directive 
(AD) 98-12-23, Amendment 39-10577 (63 FR 32119, June 12, 1998), and by 
adding a new AD to read as follows:

98-21-16  British Aerospace: Amendment 39-10825; Docket No. 98-CE-
70-AD; Supersedes AD 98-12-23, Amendment 39-10577.
    Applicability: Model H.P. 137 Jetstream Mk. 1, Jetstream Series 
200, and Jetstream Models 3101 and 3201 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 (e) 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 
could result in possible injury to pilot and passengers; and to 
prevent collapse of the nose landing gear caused by design 
deficiency, which 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, 
unless already accomplished, and thereafter at intervals not to 
exceed 90 days, replace the windshield wiper arm attachment bolt and 
windshield wiper arm assembly.
    (1) Accomplish these actions in accordance with the appropriate 
aircraft maintenance manual (AMM) 30-42-02, as specified in the 
Accomplishment Instructions section of Jetstream Series 3100/3200 
Service Bulletin (SB) No. 30-JA 950641, which incorporates the 
following pages:

------------------------------------------------------------------------
              Pages                 Revision level           Date
------------------------------------------------------------------------
1...............................  Revision 1........  March 18, 1997.
2 through 8.....................  Revision 2........  March 18, 1997.
------------------------------------------------------------------------

    (2) Do not utilize Rosemont Aerospace Inc. SB No. 2314M-30-16, 
dated December 1996, which is referenced in Jetstream Series 3100/
3200 SB No. 30-JA 950641. The procedures in the Rosemont service 
bulletin are incorrect.
    (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 section of APPH Precision Hydraulics SB 
No. 32-66, which incorporates the following pages:

------------------------------------------------------------------------
              Pages                 Revision level           Date
------------------------------------------------------------------------
1,3,4, and 5....................  Revision 1........  October 1996.
2 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.

    (c) Replace the NLG toggle bracket lugs and axle bracket lugs at 
the applicable compliance times in either paragraph (c)(1) or (c)(2) 
of this AD, as specified below:
    (1) 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 No. 32-66, as referenced in paragraph (b) of this AD: Prior to 
further flight and, thereafter, at the end of the fatigue life 
limits of the part, as specified in the Table referenced above.
    (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, as referenced in paragraph (b) of this AD: At the end of 
the fatigue life limits of the part, as

[[Page 54042]]

specified in the Table referenced above, or within the next 50 
landings after the measurement is taken, whichever occurs later; and 
thereafter at the end of the referenced fatigue life limits of the 
part.

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

    (d) 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.
    (e) An alternative method of compliance or adjustment of the 
initial and repetitive compliance times that provides an equivalent 
level of safety may be used if approved by the Manager, Small 
Airplane Directorate, Aircraft Certification Service, 1201 Walnut, 
suite 900, Kansas City, Missouri 64106.
    (1) 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.
    (2) Alternative methods of compliance approved in accordance 
with AD 98-12-23 are considered approved as alternative methods of 
compliance for this AD.

    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.

    (f) The replacements required by this AD shall be done in 
accordance with Jetstream Series 3100/3200 Service Bulletin 30-JA 
950641, which incorporates the following pages:

------------------------------------------------------------------------
              Pages                 Revision level           Date
------------------------------------------------------------------------
1...............................  Revision 1........  March 18, 1997.
2 through 8.....................  Revision 2........  March 18, 1997.
------------------------------------------------------------------------

--Jetstream Series 3100/3200 Alert Service Bulletin No. 32-JA 960601, 
Original Issue: October 25, 1996, Revision No. 1: dated April 11, 1997, 
and
--APPH Precision Hydraulics Service Bulletin No. 32-66, which 
incorporates the following pages:

------------------------------------------------------------------------
              Pages                 Revision level           Date
------------------------------------------------------------------------
1,3,4, and 5....................  Revision 1........  October 1996.
2 and 6.........................  Revision 2........  March 1997.
------------------------------------------------------------------------

    (1) This incorporation by reference was previously approved by 
the Director of the Federal Register as of July 28, 1998 (63 FE 
32119, June 12, 1998).
    (2) Copies of these service bulletins may be obtained from 
British Aerospace Regional Aircraft, Prestwick International 
Airport, Ayrshire, KA9 2RW, Scotland. Copies may be inspected at the 
FAA, Central Region, Office of the Regional Counsel, Room 1558, 601 
E. 12th Street, Kansas City, Missouri, or at the Office of the 
Federal Register, 800 North Capitol Street, NW, suite 700, 
Washington, DC.

    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 windshield wiper condition.

    (g) This amendment supersedes AD 98-12-23, Amendment 39-10577.
    (h) This amendment becomes effective on January 6, 1999.

    Issued in Kansas City, Missouri, on September 30, 1998.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 98-26971 Filed 10-7-98; 8:45 am]
BILLING CODE 4910-13-P