[Federal Register Volume 64, Number 34 (Monday, February 22, 1999)]
[Rules and Regulations]
[Pages 8499-8500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3888]



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 Rules and Regulations
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  Federal Register / Vol. 64, No. 34 / Monday, February 22, 1999 / 
Rules and Regulations  

[[Page 8499]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-CE-76-AD; Amendment 39-11046; AD 99-04-21]
RIN 2120-AA64


Airworthiness Directives; British Aerospace Jetstream Models 3101 
and 3201 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies 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. This AD 
requires inspecting the main landing gear brake units for correct 
setting of the wear indicator pins, and re-setting the pins if 
incorrect. This AD is the result of mandatory continuing airworthiness 
information (MCAI) issued by the airworthiness authority for the United 
Kingdom. The actions specified by this 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: Effective April 2, 1999.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of April 2, 1999.

ADDRESSES: 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-76-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, 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

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to include an AD that would apply to 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 was published in the Federal Register as a notice of 
proposed rulemaking (NPRM) on December 8, 1998 (63 FR 67629). The NPRM 
proposed to 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 action as specified in the 
NPRM would be in accordance with British Aerospace Jetstream Alert 
Service Bulletin 32-A-JA980540, ORIGINAL ISSUE: July 6, 1998.
    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.

The FAA's Determination

    After careful review of all available information related to the 
subject presented above, the FAA has determined that air safety and the 
public interest require the adoption of the rule as proposed except for 
minor editorial corrections. The FAA has determined that these minor 
corrections will not change the meaning of the AD and will not add any 
additional burden upon the public than was already proposed.

Compliance Time of This AD

    Although failure of the main landing gear brakes will only be 
unsafe while the airplane is 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 is for an airplane 
with 1,000 hours TIS. For this reason, the FAA is utilizing 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 will be 
affected by this AD, that it will take approximately 3 workhours per 
airplane to accomplish the inspection, and that the average labor rate 
is approximately $60 an hour. Based on these figures, the total cost 
impact of the 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 will be found incorrectly set, and will require re-setting. 
Therefore, the above figures only represent the inspection costs of 
this AD.

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.
    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

[[Page 8500]]

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 copy of the final evaluation prepared for this action is 
contained 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, 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:

99-04-21  British Aerospace: Amendment 39-11046; 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 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.
    (f) The inspection and modification required by this AD shall be 
done in accordance with British Aerospace Jetstream Alert Service 
Bulletin 32-A-JA980540, ORIGINAL ISSUE: July 6, 1998. 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 4: The subject of this AD is addressed in British AD 003-
07-98, dated July 13, 1998.

    (g) This amendment becomes effective on April 2, 1999.

    Issued in Kansas City, Missouri, on February 9, 1999.
Marvin R. Nuss,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-3888 Filed 2-19-99; 8:45 am]
BILLING CODE 4910-13-U