[Federal Register Volume 64, Number 227 (Friday, November 26, 1999)]
[Proposed Rules]
[Pages 66424-66426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-30799]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 99-NM-306-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 supersedure of an existing
airworthiness directive (AD), applicable to certain British Aerospace
(Jetstream) Model 4101 airplanes, that currently requires repetitive
detailed visual inspections to detect cracking or other damage of
certain diaphragm support structures of the forward equipment
compartment; and repair, if necessary. This action would continue to
require repetitive inspections, but would also require replacement of
cracked or damaged diaphragm support structures with improved parts,
which would terminate the requirement for repetitive inspections. This
action also would add airplanes to the applicability of the proposed
AD. This proposal is prompted by the development of improved
diaphragms. The actions specified by the proposed AD are intended to
prevent failure of the two diaphragms that support the upper structure
of the forward equipment compartment, which could accelerate fatigue
damage in adjacent structure and result in reduced structural integrity
of the airframe.
DATES: Comments must be received by December 27, 1999.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 99-NM-306-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 99-NM-306-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. 99-NM-306-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
On November 9, 1998, the FAA issued AD 98-24-01, amendment 39-10888
(63 FR 63975, November 18, 1998), applicable to certain British
Aerospace (Jetstream) Model 4101 airplanes, to require repetitive
detailed visual inspections to detect cracking or other damage of
certain diaphragm support structures of the forward equipment
compartment; and repair, if necessary. That action was prompted by
issuance of mandatory continuing airworthiness information by a foreign
civil airworthiness authority. The requirements of that AD are intended
to detect and correct failure of the two diaphragms that support the
upper structure of the forward equipment compartment, which could
accelerate fatigue damage in adjacent structure and result in reduced
structural integrity of the airframe.
In the preamble to AD 98-24-01, the FAA indicated that the actions
required by that AD were considered ``interim action'' and that further
rulemaking action was being considered. The FAA now has determined that
further rulemaking action is indeed necessary, and this proposed AD
follows from that determination.
Actions Since Issuance of Previous Rule
Since the issuance of that AD, the manufacturer has issued new
service information that specifies procedures for replacement of both
diaphragms with improved diaphragms if any cracking or damage is found.
The replacement would eliminate the need for the repetitive
inspections.
[[Page 66425]]
The new service information also expands the applicability to
include additional airplanes. This proposal would modify the
applicability to include only those airplanes on which modification of
the diaphragm support structure has not been accomplished. Reference to
constructors numbers has been removed from the applicability of this
proposed AD.
Explanation of Relevant Service Information
British Aerospace has issued Jetstream Alert Service Bulletin J41-
A53-023, Revision 1, dated July 30, 1999, which describes procedures
for replacement of cracked or damaged diaphragm support structures with
improved parts, in addition to the repetitive inspections described in
the original release of the service bulletin. This replacement would
eliminate the need for further repetitive inspections. Accomplishment
of the actions specified in Revision 1 of the service bulletin is
intended to adequately address the identified unsafe condition. The
Civil Aviation Authority (CAA), which is the airworthiness authority
for the United Kingdom, classified this service bulletin as mandatory
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 supersede AD 98-24-01 to
continue to require the actions specified in that AD. This proposed AD
would also require accomplishment of the actions specified in Revision
1 of the service bulletin described previously, except as discussed
below.
Differences Between Proposed Rule and Service Bulletin
Operators should note that, unlike the procedures described in
Jetstream Alert Service Bulletin J41-A53-023, Revision 1, dated July
30, 1999, this proposed AD would not permit further flight if cracks
are detected in certain diaphragms that support the upper structure of
the forward equipment compartment. The FAA has determined that, because
of the safety implications and consequences associated with such
cracking, any subject diaphragm that is found to be cracked must be
replaced with new, improved parts prior to further flight.
Cost Impact
There are approximately 59 airplanes of U.S. registry that would be
affected by this proposed AD.
The inspection that is currently required by AD 98-24-01, and
retained in this proposed AD, takes approximately 1 work hour per
airplane to accomplish, at an average labor rate of $60 per work hour.
Based on these figures, the cost impact of the inspection requirement
of this proposed AD on U.S. operators is estimated to be $3,540, or $60
per airplane, per inspection cycle.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the current or 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 removing amendment 39-10888 (63 FR
63975, November 18, 1998), and by adding a new airworthiness directive
(AD), to read as follows:
British Aerospace Regional Aircraft [Formerly Jetstream Aircraft
Limited; British Aerospace (Commercial Aircraft) Limited]: Docket
99-NM-306-AD. Supersedes AD 98-24-01, Amendment 39-10888.
Applicability: Jetstream Model 4101 airplanes, on which British
Aerospace Modification JM41384 has not been accomplished;
certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
otherwise 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, unless accomplished
previously.
To detect and correct failure of the two diaphragms that support
the upper structure of the forward equipment compartment, which
could accelerate fatigue damage in adjacent structure and result in
reduced structural integrity of the airframe, accomplish the
following:
Restatement of Certain Requirements of AD 98-24-01
(a) For airplanes having constructors numbers 41004 through
41098 inclusive: Prior to the accumulation of 4,500 total landings,
or within 300 landings after December 23, 1998 (the effective date
of AD
[[Page 66426]]
98-24-01, amendment 39-10888), whichever occurs later: Perform a
detailed visual inspection to detect cracking or other damage of the
diaphragms installed between station 4 and station 8 of the forward
fuselage, in accordance with Jetstream Alert Service Bulletin J41-
A53-023, dated December 2, 1996, or Revision 1, dated July 30, 1999.
Note 2: For the purposes of this AD, a detailed visual
inspection is defined as: ``An intensive visual examination of a
specific structural area, system, installation, or assembly to
detect damage, failure, or irregularity. Available lighting is
normally supplemented with a direct source of good lighting at
intensity deemed appropriate by the inspector. Inspection aids such
as mirror, magnifying lenses, etc., may be used. Surface cleaning
and elaborate access procedures may be required.''
(1) If no cracking or other damage is detected, repeat the
inspection thereafter at intervals not to exceed 3,000 landings.
(2) If any cracking or other damage is detected, prior to
further flight, accomplish the actions required by either paragraph
(a)(2)(i) or (a)(2)(ii). After the effective date of this AD, only
replacement of the diaphragms in accordance with paragraph
(a)(2)(ii) of this AD is acceptable for compliance with the repair
requirements of this paragraph.
(i) Repair the diaphragm in accordance with a method approved by
the Manager, International Branch, ANM-116, FAA, Transport Airplane
Directorate. Thereafter, repeat the inspection at intervals not to
exceed 3,000 landings.
(ii) Replace both diaphragms with new, improved diaphragms, in
accordance with Part 2 of the Accomplishment Instructions of
Jetstream Alert Service Bulletin J41-A53-023, Revision 1, dated July
30, 1999. Such replacement constitutes terminating action for the
repetitive inspections required by this AD.
New Repetitive Inspections and Corrective Actions Required by This AD:
(b) For airplanes other than those listed in paragraph (a) of
this AD: Prior to the accumulation of 4,500 total landings, or
within 300 landings after the effective date of this AD, whichever
occurs later, perform a detailed visual inspection to detect
cracking or other damage of the diaphragms installed between station
4 and station 8 of the forward fuselage, in accordance with
Jetstream Alert Service Bulletin J41-A53-023, Revision 1, dated July
30, 1999.
(1) If no cracking or other damage is detected, repeat the
inspection thereafter at intervals not to exceed 3,000 landings.
(2) If any cracking or other damage is detected, prior to
further flight, replace both diaphragms with new, improved
diaphragms, in accordance with Part 2 of the Accomplishment
Instructions of Jetstream Alert Service Bulletin J41-A53-023,
Revision 1, dated July 30, 1999. Such replacement constitutes
terminating action for the repetitive inspections required by this
AD.
(c) Replacement of diaphragms with new, improved diaphragms, in
accordance with Part 2 of the Accomplishment Instructions of
Jetstream Alert Service Bulletin J41-A53-023, Revision 1, dated July
30, 1999, constitutes terminating action for the requirements of
this AD.
Alternative Methods of Compliance
(d) 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, FAA,
Transport Airplane Directorate. 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
(e) 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.
Issued in Renton, Washington, on November 19, 1999.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 99-30799 Filed 11-24-99; 8:45 am]
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