[Federal Register Volume 63, Number 235 (Tuesday, December 8, 1998)]
[Proposed Rules]
[Pages 67629-67631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32475]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-CE-76-AD]
RIN 2120-AA64


Airworthiness Directives; British Aerospace Jetstream Models 3101 
and 3201 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 all British Aerospace Jetstream Model 3101 
airplanes that have a certain wheel assembly incorporated and all 
Jetstream Model 3201 airplanes that are equipped with Dunlop AH54450 
brake units. The proposed AD would require inspecting the main landing 
gear brake units for correct setting of the wear indicator pins, and 
re-setting the pins if incorrect. 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 failure of the main landing 
gear brakes because the wear indicator pins present a false indication 
of the remaining wear of the brake units, which could result in loss of 
control of the airplane during takeoff, landing, or taxi operations.

DATES: Comments must be received on or before January 13, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 98-CE-76-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:

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-76-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-76-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, recently notified the FAA that an 
unsafe condition may exist on all British Aerospace Jetstream Model 
3101 airplanes that have Jetstream Kit JK12097 or Jetstream Service 
Bulletin 32-JK12097 incorporated and all Jetstream Model 3201 airplanes 
that are equipped with Dunlop AH54450 main landing gear brake units. 
Kit JK12097 and Service Bulletin 32-JK12097 include the procedures 
necessary to incorporate J3200 series wheels with 12-ply rated tires 
and brakes for Jetstream Model 3101 airplanes.
    The CAA reports an incident of a totally worn brake unit heat pack 
found during a routine inspection on one of the affected airplanes. The 
wear indicator pins showed 0.1 inch of wear remaining. Further 
investigation revealed that these pins were incorrectly set.
    This condition, if not corrected in a timely manner, could result 
in failure of the main landing gear brakes with possible loss of 
control of the airplane during takeoff, landing, or taxi operations.

Relevant Service Information

    British Aerospace has issued Jetstream Alert Service Bulletin 32-A-
JA980540, ORIGINAL ISSUE: July 6, 1998, which specifies procedures for 
inspecting the main landing gear brake units for correct setting of the 
wear indicator pins, and re-setting the pins if incorrect.
    The CAA classified this service bulletin as mandatory and issued 
British AD 003-07-98, dated July 13, 1998, in order to assure the 
continued airworthiness of these airplanes in the United Kingdom.

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

[[Page 67630]]

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 British Aerospace Jetstream Models 3101 and 
3201 airplanes of the same type design that are registered in the 
United States, the FAA is proposing AD action. The proposed AD would 
require inspecting the main landing gear brake units for correct 
setting of the wear indicator pins, and re-setting the pins if 
incorrect. Accomplishment of the proposed actions would be required in 
accordance with British Aerospace Jetstream Alert Service Bulletin 32-
A-JA980540, ORIGINAL ISSUE: July 6, 1998.

Compliance Time of This AD

    Although failure of the main landing gear brakes would only be 
unsafe while the airplane was in operation, the cause of this condition 
is not a result of the number of times the airplane is operated. The 
chance of the brake wear pin being incorrectly set is the same for an 
airplane with 10 hours time-in-service (TIS) as it would be for an 
airplane with 1,000 hours TIS. For this reason, the FAA has proposed a 
compliance based on calendar time in order to assure that the unsafe 
condition is addressed on all airplanes in a reasonable time period.

Cost Impact

    The FAA estimates that 296 airplanes in the U.S. registry would be 
affected by the proposed AD, that it would take approximately 3 
workhours per airplane to accomplish the proposed inspection, and that 
the average labor rate is approximately $60 an hour. Based on these 
figures, the total cost impact of the proposed inspection on U.S. 
operators is estimated to be $53,280, or $180 per airplane.
    The FAA has no way of determining the number of wear indicator pins 
that would be found incorrectly set, and would require re-setting. 
Therefore, the above figures only represent the inspection costs of the 
proposed AD.

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-76-AD.

    Applicability: The following aircraft, certificated in any 
category:

--Jetstream Model 3101 airplanes, all serial numbers, that have 
Jetstream Kit JK12097 or Jetstream Service Bulletin 32-JK12097 
incorporated; and
--Jetstream Model 3201 airplanes, all serial numbers, that are 
equipped with Dunlop AH54450 brake units.

    Note 1: Jetstream Kit JK12097 and Jetstream Service Bulletin 32-
JK12097 include the procedures necessary to incorporate J3200 series 
wheels with 12-ply rated tires and brakes for Jetstream Model 3101 
airplanes.

    Note 2: 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 failure of the main landing gear brakes because the 
wear indicator pins present a false indication of the remaining wear 
of the brake units, which could result in loss of control of the 
airplane during takeoff, landing, or taxi operations, accomplish the 
following:
    (a) Within the next 30 calendar days after the effective date of 
this AD, inspect the main landing gear brake units for correct 
setting of the wear indicator pins, in accordance with the 
instructions in PART 2 of British Aerospace Jetstream Alert Service 
Bulletin 32-A-JA980540, ORIGINAL ISSUE: July 6, 1998. Prior to 
further flight, re-set the pins if the existing setting is 
incorrect, in accordance with the service bulletin.
    (b) As of the effective date of this AD, no person may install 
Dunlop AH54450 brake units on any Jetstream Model 3201 airplane or 
incorporate Jetstream Kit JK12097 and Jetstream Service Bulletin 32-
JK12097 on any Jetstream 3101 airplane, unless the inspection and 
possible follow-up requirements of paragraph (a) of this AD have 
been accomplished on the parts.
    (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 times 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 3: 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 32-A-JA980540, ORIGINAL 
ISSUE: July 6, 1998, should be directed to

[[Page 67631]]

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 4: The subject of this AD is addressed in British AD 003-
07-98, dated July 13, 1998.

    Issued in Kansas City, Missouri, on December 1, 1998.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-32475 Filed 12-7-98; 8:45 am]
BILLING CODE 4910-13-U