[Federal Register Volume 64, Number 195 (Friday, October 8, 1999)]
[Proposed Rules]
[Pages 54795-54797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26278]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-296-AD]
RIN 2120-AA64


Airworthiness Directives; British Aerospace (Jetstream) Model 
4101 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain British Aerospace 
(Jetstream) Model 4101 airplanes. This proposal would require a one-
time inspection of the bottom aft roller of the main baggage-bay door 
structure for cracking or damage to the sub-frame; repetitive 
operational tests to determine if the counter-balance motor functions 
properly; and corrective actions, if necessary. This proposal is 
prompted by issuance of mandatory continuing airworthiness information 
by a foreign civil airworthiness authority. The actions specified by 
the proposed AD are intended to prevent sub-frame damage, which, if 
left undetected, could cause rapid decompression of the airplane and 
consequent injury to passengers and crew.

DATES: Comments must be received by November 8, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-296-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except 
Federal holidays.
    The service information referenced in the proposed rule may be 
obtained from British Aerospace Regional Aircraft American Support, 
13850 Mclearen Road, Herndon, Virginia 20171. This information may be 
examined at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, 
SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT: Norman B. Martenson, Manager, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2110; fax (425) 227-1149.

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 shall 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 summarizing 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 Number 98-NM-296-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, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 98-NM-296-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The Civil Aviation 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 4101 
airplanes. The CAA advises that it has received reports of damage to a 
sub-frame that supports the bottom aft roller of the main baggage bay 
door due to failure of the spring in the counter-balance motor. The 
damage to the sub-frame was caused by high uncontrolled loads applied 
to the bottom aft roller bracket each time the baggage bay door was 
allowed to fall onto the stop in the aft track. Such damage, if not 
corrected, could result in failure of the door structure, which could 
cause rapid decompression of the airplane and consequent injury to 
passengers and crew.

[[Page 54796]]

Explanation of Relevant Service Information

    The manufacturer has issued Jetstream Service Bulletin J41-52-060, 
dated August 31, 1998, which describes procedures for a one-time visual 
inspection of the bottom door structure for cracking or damage to the 
sub-frame; repetitive operational tests to determine if the counter-
balance motor of the main baggage bay door functions properly; and 
corrective actions, if necessary. The corrective actions involve 
repairing any cracked or damaged sub-frame, and replacing the failed 
motor with a new motor or repairing the motor. Accomplishment of the 
actions specified in the service bulletin is intended to adequately 
address the identified unsafe condition. The CAA classified this 
service bulletin as mandatory and issued British airworthiness 
directive 005-08-98 in order to assure the continued airworthiness of 
these airplanes in the United Kingdom.

FAA's Conclusions

    This airplane model is manufactured in the United Kingdom and is 
type certificated for operation in the United States under the 
provisions of Sec. 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, and determined 
that AD action is necessary for products of this type design that are 
certificated for operation in the United States.

Explanation of Requirements of Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design registered 
in the United States, the proposed AD would require accomplishment of 
the actions specified in the service bulletin described previously, 
except as discussed below.

Differences Between Proposed Rule and Service Bulletin

    Operators should note that, although the service bulletin specifies 
that the manufacturer may be contacted for disposition of certain 
repair conditions, this proposal would require the repair of those 
conditions to be accomplished in accordance with a method approved by 
the FAA, or the Civil Aviation Authority (CAA) (or its delegated 
agent). In light of the type of repair that would be required to 
address the identified unsafe condition, and in consonance with 
existing bilateral airworthiness agreements, the FAA has determined 
that, for this proposed AD, a repair approved by either the FAA or the 
CAA would be acceptable for compliance with this proposed AD.

Cost Impact

    The FAA estimates that 43 airplanes of U.S. registry would be 
affected by this proposed AD.
    It would take approximately 3 work hours per airplane to accomplish 
the proposed inspection, at an average labor rate of $60 per work hour. 
Based on these figures, the cost impact of the inspection proposed by 
this AD on U.S. operators is estimated to be $7,740, or $180 per 
airplane.
    It would take approximately 1 work hour per airplane to accomplish 
the proposed test, at an average labor rate of $60 per work hour. Based 
on these figures, the cost impact of the test proposed by this AD on 
U.S. operators is estimated to be $2,580, or $60 per airplane, per test 
cycle.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the proposed requirements 
of this AD action, and that no operator would accomplish those actions 
in the future if this AD were not adopted.

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 proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the 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 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, 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 the following new 
airworthiness directive:

British Aerospace Regional Aircraft [Formerly Jetstream Aircraft 
Limited; British Aerospace (Commercial Aircraft) Limited]: Docket 
98-NM-296-AD.

    Applicability: British Aerospace (Jetstream) Model 4101 
airplanes, as listed in Jetstream Service Bulletin J41-52-060, dated 
August 31, 1998; 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 (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 as indicated, unless accomplished 
previously.
    To prevent sub-frame damage, which, if left undetected, could 
cause rapid decompression of the airplane and consequent injury to 
passengers and crew, accomplish the following:

Visual Inspection

    (a) Within 1,500 landings or within 5 months after the effective 
date of this AD, whichever occurs first, perform a one-time general 
visual inspection of the bottom aft roller of the main baggage bay 
door structure to check for cracking or damage to the sub-frame in 
accordance with Jetstream Service Bulletin J41-52-060, dated August 
31, 1998. If any cracking or damage is found, prior to further 
flight, repair in accordance with a method approved by either the 
Manager, International Branch, ANM-116, FAA, Transport Airplane 
Directorate; or the Civil Aviation Authority (or its delegated 
agent). For a repair method to be approved by the Manager, 
International Branch, ANM-116, as

[[Page 54797]]

required by this paragraph, the Manager's approval letter must 
specifically reference this AD.

    Note 2: For the purposes of this AD, a general visual inspection 
is defined as ``A visual examination of an interior or exterior 
area, installation, or assembly to detect obvious damage, failure, 
or irregularity. This level of inspection is made under normally 
available lighting conditions such as daylight, hangar lighting, 
flashlight, or drop-light, and may require removal or opening of 
access panels or doors. Stands, ladders, or platforms may be 
required to gain proximity to the area being checked.''

Operational Test

    (b) Within 30 days after the effective date of this AD, perform 
an operational test to determine if the counter-balance motor of the 
main baggage bay door functions properly in accordance with 
Jetstream Service Bulletin J41-52-060, dated August 31, 1998. Repeat 
the operational test thereafter at intervals not to exceed 5 days. 
If the motor fails during any operational test, within 10 flights 
after accomplishing the test, either replace the motor with a new 
motor or repair in accordance with the service bulletin, and 
accomplish the actions specified in paragraph (a) of this AD.

Alternative Methods of Compliance

    (c) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, International Branch, ANM-116. 
Operators shall submit their requests through an appropriate FAA 
Principal Maintenance Inspector, who may add comments and then send 
it to the Manager, International Branch, ANM-116.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

Special Flight Permits

    (d) Special flight permits may be issued in accordance with 
Secs. 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.

    Note 4: The subject of this AD is addressed in British 
airworthiness directive 005-08-98.

    Issued in Renton, Washington, on October 4, 1999.
D. L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-26278 Filed 10-7-99; 8:45 am]
BILLING CODE 4910-13-P