[Federal Register Volume 63, Number 198 (Wednesday, October 14, 1998)]
[Rules and Regulations]
[Pages 55015-55017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27329]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-CE-63-AD; Amendment 39-10836; AD 98-21-28]
RIN 2120-AA64


Airworthiness Directives; British Aerospace Jetstream Model 3101 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to certain British Aerospace Jetstream Model 3101 airplanes. 
This AD requires modifying the propeller de-icing system to assure 
system performance at low ambient temperatures. This AD is the result 
of mandatory continuing airworthiness information (MCAI) issued by the 
airworthiness authority for the United Kingdom. The actions specified 
in this AD are intended to prevent propeller-induced vibrations from 
occurring during icing encounters at low ambient temperatures, which 
could result in decreased performance of the de-icing system during 
icing encounters with possible loss of control of the airplane.

DATES: Effective January 15, 1999.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of January 15, 1999.
    Comments for inclusion in the Rules Docket must be received on or 
before November 13, 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-63-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-63-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, 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:

Events Leading to the Issuance of This AD

    The Civil Airworthiness Authority (CAA), which is the airworthiness 
authority for the United Kingdom, notified the FAA that an unsafe 
condition may exist on certain British Aerospace Jetstream Model 3101 
airplanes. The CAA reports cases of propeller-induced vibrations 
occurring during icing encounters at low ambient temperatures (-10 to 
-20 degrees Celsius).
    These conditions, if not corrected, could result in decreased 
performance of the de-icing system during icing encounters with 
possible loss of control of the airplane.

Relevant Service Information

    Jetstream has issued Service Bulletin 30-JM 7453, Original Issue: 
October 24, 1984, Revision 2: December 10, 1984, which specifies 
procedures for accomplishing the following modifications to the de-
icing system:

------------------------------------------------------------------------
            Modification No.                          Title
------------------------------------------------------------------------
JM 7398................................  Ice Protection--Introduction of
                                          Revised Propeller De-Ice
                                          Circuit.
JM 7407................................  Ice and Rain Protection--
                                          Introduction of Dowty Rotol
                                          Dual Brush Block Assembly in
                                          Propeller De-icing Systems.
JM 7408................................  Propeller--Introduction of
                                          Propeller Incorporating
                                          Slipring to Dowty Rotol Mod
                                          VP3062.
JM 7445................................  Propeller--Introduction of
                                          Propeller with Revised 21-inch
                                          Boots.
JM 7449................................  Ice and Rain Protection--
                                          Introduction of Dowty Rotol
                                          Dual Rate Timer, Revised
                                          Ammeter, Selector Switch, and
                                          Fuses.
------------------------------------------------------------------------

    The CAA classified this service bulletin as mandatory in order to 
assure the continued airworthiness of these airplanes in the United 
Kingdom. The CAA classifying a service bulletin as mandatory is the 
same in the United

[[Page 55016]]

Kingdom as the FAA issuing an AD in the United States.

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 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 This AD

    Since an unsafe condition has been identified that is likely to 
exist or develop in other British Aerospace Jetstream Model 3101 
airplanes of the same type design registered in the United States, the 
FAA is issuing an AD. This AD requires modifying the propeller de-icing 
system to assure system performance at low ambient temperatures. 
Accomplishment of the actions of this AD would be required in 
accordance with the previously referenced service bulletin.

Cost Impact

    The FAA estimates that 45 airplanes in the U.S. registry will be 
affected by this AD, that it will take approximately 169 workhours per 
airplane to accomplish the required modifications, and that the average 
labor rate is approximately $60 per work hour. Parts will be provided 
by the manufacturer at no cost to the owners/operators of the affected 
airplanes. Based on these figures, the cost impact of this AD on U.S. 
operators is estimated to be $456,300, or $10,140 per airplane.
    All 45 of the affected airplanes in the U.S. Registry have the 
modifications incorporated. Therefore, there is no cost impact for any 
of the affected airplanes currently on the U.S. Register.

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 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-63-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, 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 a new airworthiness directive 
(AD) to read as follows:

98-21-28  British Aerospace: Amendment 39-10836; Docket No. 98-CE-
63-AD.

    Applicability: Jetstream Model 3101 airplanes, serial numbers 
601 through 645, 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

[[Page 55017]]

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 (c) 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 propeller-induced vibrations from occurring during 
icing encounters at low ambient temperatures, which could result in 
decreased performance of the de-icing system during icing encounters 
with possible loss of control of the airplane, accomplish the 
following:
    (a) Modify the propeller de-icing system by incorporating the 
following modifications in accordance with Jetstream Service 
Bulletin 30-JM 7453, Original Issue: October 24, 1984, Revision 2: 
December 10, 1984:
    (1) Modification No. JM 7398: Ice Protection--Introduction of 
Revised Propeller De-Ice Circuit.
    (2) Modification No. JM 7407: Ice and Rain Protection--
Introduction of Dowty Rotol Dual Brush Block Assembly in Propeller 
De-icing Systems.
    (3) Modification No. JM 7408: Propeller--Introduction of 
Propeller Incorporating Slipring to Dowty Rotol Mod VP3062.
    (4) Modification No. JM 7445: Propeller--Introduction of 
Propeller with Revised 21-inch Boots.
    (5) Modification No. JM 7449: Ice and Rain Protection--
Introduction of Dowty Rotol Dual Rate Timer, Revised Ammeter, 
Selector Switch, and Fuses.
    (b) 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.
    (c) An alternative method of compliance or adjustment of the 
compliance time 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. 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.

    (d) The modifications required by this AD shall be done in 
accordance with Jetstream Service Bulletin 30-JM 7453, Original 
Issue: October 24, 1984, Revision 2: December 10, 1984. 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 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 3: The subject of this AD is addressed in Jetstream Service 
Bulletin 30-JM-7453, Original Issue: October 24, 1984, Revision 2: 
December 10, 1984. This service bulletin is classified as mandatory 
by the United Kingdom Civil Aviation Authority (CAA).

    (e) This amendment becomes effective on January 15, 1999.

    Issued in Kansas City, Missouri, on October 6, 1998.
Carolanne L. Cabrini,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-27329 Filed 10-13-98; 8:45 am]
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