[Federal Register Volume 67, Number 237 (Tuesday, December 10, 2002)]
[Proposed Rules]
[Pages 75819-75822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31129]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 67, No. 237 / Tuesday, December 10, 2002 / 
Proposed Rules  

[[Page 75819]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-CE-14-AD]
RIN 2120-AA64


Airworthiness Directives; British Aerospace Model HP.137 
Jetstream Mk.1, Jetstream Series 200, Jetstream Series 3101, and 
Jetstream Model 3201 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
the comment period.

-----------------------------------------------------------------------

SUMMARY: This document proposes to revise an earlier proposed 
airworthiness directive (AD) that would apply to all British Aerospace 
Model HP.137 Jetstream Mk.1, Jetstream Series 200, Jetstream Series 
3101, and Jetstream Model 3201 airplanes. The earlier NPRM would have 
required you to repetitively inspect the horizontal and vertical 
stabilizer attachment fittings and associated hardware for corrosion 
and wear (damage) and repair or replace any damaged parts. The earlier 
NPRM resulted from mandatory continuing airworthiness information 
(MCAI) issued by the airworthiness authority for the United Kingdom. 
The manufacturer has issued new service information that supersedes the 
service information specified in the NPRM and changes the procedures 
for doing the proposed inspections. These procedures impose an 
additional burden over that proposed in the NPRM. Therefore, we are 
reopening the comment period to allow the public the chance to comment 
on these additional actions.

DATES: The Federal Aviation Administration (FAA) must receive any 
comments on this proposed rule on or before January 17, 2003.

ADDRESSES: Submit comments to FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2002-CE-14-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106. You may view any 
comments at this location between 8 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays. You may also send comments 
electronically to the following address: [email protected]. 
Comments sent electronically must contain ``Docket No. 2002-CE-14-AD'' 
in the subject line. If you send comments electronically as attached 
electronic files, the files must be formatted in Microsoft Word 97 for 
Windows or ASCII text.
    You may get service information that applies to this proposed AD 
from British Aerospace Regional Aircraft, Prestwick International 
Airport, Ayrshire, KA9 2RW, Scotland; telephone: (01292) 672345; 
facsimile: (01292) 671625. You may also view this information at the 
Rules Docket at the address above.

FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4059; facsimile: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Comments Invited

How Do I Comment on This Proposed AD?

    The FAA invites comments on this proposed rule. You may submit 
whatever written data, views, or arguments you choose. You need to 
include the proposed rule's docket number and submit your comments to 
the address specified under the caption ADDRESSES. We will consider all 
comments received on or before the closing date. We may amend this 
proposed rule in light of comments received. Factual information that 
supports your ideas and suggestions is extremely helpful in evaluating 
the effectiveness of this proposed AD action and determining whether we 
need to take additional rulemaking action.

Are There Any Specific Portions of This Proposed AD I Should Pay 
Attention to?

    The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed rule that 
might suggest a need to modify the rule. You may view all comments we 
receive before and after the closing date of the rule in the Rules 
Docket. We will file a report in the Rules Docket that summarizes each 
contact we have with the public that concerns the substantive parts of 
this proposed AD.

How Can I Be Sure FAA Receives My Comment?

    If you want FAA to acknowledge the receipt of your mailed comments, 
you must include a self-addressed, stamped postcard. On the postcard, 
write ``Comments to Docket No. 2002-CE-14-AD.'' We will date stamp and 
mail the postcard back to you.

Discussion

What Events Have Caused This Proposed AD?

    The Civil Aviation Authority (CAA), which is the airworthiness 
authority for the United Kingdom, recently notified FAA that an unsafe 
condition may exist on all British Aerospace Model HP.137 Jetstream 
Mk.1, Jetstream Series 200, Jetstream Series 3101, and Jetstream Model 
3201 airplanes. The CAA reports that, during regular scheduled 
maintenance, an operator discovered fretting corrosion on the 
horizontal and vertical stabilizer attachment bolts on an in-service 
Jetstream Series 4100 airplane. The Jetstream Series 4100 airplane has 
a similar structural layout in the affected area to those affected by 
this proposed action. The corrosion is occurring on the eye bolt shanks 
and the horizontal and vertical stabilizer forward and rear attachment 
fitting lugs on the contact faces. There have been 10 reported cases of 
corrosion found on Jetstream Series 3101 and Jetstream Model 3201 
airplanes.

What Are the Consequences If the Condition Is Not Corrected?

    This condition, if not detected and corrected, could result in 
failure of the horizontal and vertical stabilizer attachment fittings. 
Such failure could lead to flutter and subsequent structural failure of 
the empennage.

Has FAA Taken Any Action to This Point?

    We issued 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 Model HP.137 Jetstream Mk.1, Jetstream Series 200, 
Jetstream Series 3101, and Jetstream Model 3201 airplanes. This 
proposal was published in the Federal

[[Page 75820]]

Register as a notice of proposed rulemaking (NPRM) on July 31, 2002 (67 
FR 49627). The NPRM proposed to require you to repetitively inspect the 
forward and rear horizontal and vertical stabilizer attachment fittings 
and associated hardware for corrosion and wear (damage), and replace or 
repair any damaged parts found during any inspection.
    You would have to accomplish the proposed actions in accordance 
with British Aerospace Jetstream Mandatory Service Bulletin 55-
JA010941, Original issue: January 25, 2002.

Was the Public Invited To Comment?

    The FAA encouraged interested persons to participate in the making 
of this amendment. The following presents the comments received on the 
proposal and FAA's response to each comment:

Comment Issue No. 1: Incorporate New Service Information

What Is the Commenter's Concern?

    The manufacturer suggests that we incorporate new service 
information that changes the procedures for doing the proposed 
inspections of the horizontal and vertical stabilizers for corrosion. 
The manufacture states that the inspection procedures in British 
Aerospace Jetstream Mandatory Service Bulletin 55-JA010941, Original 
Issue: January 25, 2002, do not ensure the detection of all possible 
fretting corrosion. Removal of the horizontal stabilizer when 
inspecting for fretting corrosion is now required in accordance with 
British Aerospace Jetstream Mandatory Service Bulletin 55-JA020543, 
Original Issue: October 24, 2002, which supersedes British Aerospace 
Jetstream Mandatory Service Bulletin 55-JA010941, Original Issue: 
January 25, 2002.

What Is FAA's Response to the Concern?

    We concur and will change the proposed AD action accordingly. Any 
owner/operator of the affected airplanes will have to accomplish the 
requirements of this proposed AD in accordance with the new 
manufacturer's service bulletin. Credit will not be given for 
accomplishing the proposed actions in accordance with British Aerospace 
Jetstream Mandatory Service Bulletin 55-JA010941, Original Issue: 
January 25, 2002.

Comment Issue No. 2: Receive Compliance Credit for Using Current BAE 
Corrosion Preventative and Control Program (PCPC) Maintenance Task 
Number 55-10-011C1 When Doing the Inspections

What Is the Commenter's Concern?

    The commenter states that operators who utilize the current FAA-BAE 
approved Corrosion Preventative and Control Program (CPCP) Maintenance 
Task Number 55-10-011C1 and Zonal Task Card 55-10-11 are already 
accomplishing the inspections required in the proposed AD and should 
receive credit for compliance using these procedures instead of the 
manufacturer's service bulletin. The commenter also states that 
language should be incorporated into the proposed AD giving owners/
operators credit for using CPCP Task 55-10-011C1.

What Is FAA's Response to the Concern?

    We do not concur. As earlier discussed, we are incorporating new 
service information into this proposed AD that requires removal of the 
horizontal stabilizer when doing the proposed inspection. We have 
confirmed with the manufacturer that CPCP Maintenance Task Number 55-
10-011C1 and Zonal Task Card 55-10-11 do not require removal of the 
horizontal stabilizer when doing the inspection.
    Therefore, we cannot give credit for accomplishing the inspection 
using CPCP Maintenance Task Number 55-10-011C1 and Zonal Task Card 55-
10-11 as an alternative method of compliance.
    We are not changing the final rule AD action based on this comment.

Comment Issue No. 3: Change the Compliance Time

What Is the Commenter's Concern?

    The manufacturer states that because the change to the inspection 
procedures imposes an additional burden over that proposed in the NPRM, 
more time should be allowed to accomplish the requirements in the 
proposed AD (as allowed in the new service information).

What Is FAA's Response to the Concern?

    We concur and will change the proposed AD action accordingly.

The FAA's Determination

What Has FAA Decided?

    After examining the circumstances and reviewing all available 
information related to the incidents described above, we have 
determined that:

--The unsafe condition referenced in this document exists or could 
develop on other British Aerospace Model HP.137 Jetstream Mk.1, 
Jetstream Series 200, Jetstream Series 3101, and Jetstream Model 3201 
airplanes of the same type design that are on the U.S. registry;
--The NPRM should be changed to incorporate the new service 
information; and
--AD action should be taken in order to correct this unsafe condition.

The Supplemental NPRM

How Will the Changes to the NPRM Impact the Public?

    Proposing that the NPRM incorporate the new service information 
that changes the procedures for doing the proposed inspections goes 
beyond the scope of what was already proposed. Therefore, we are 
issuing a supplemental NPRM and reopening the comment period to allow 
the public additional time to comment on the proposed AD.

What Are the Provisions of the Supplemental NPRM?

    The proposed AD would require you to:

--Repetitively inspect the forward and rear horizontal and vertical 
stabilizer attachment fittings and associated hardware for corrosion 
and wear (damage); and
--Replace or repair any damaged parts found during any inspection.

Cost Impact

How Many Airplanes Would This Proposed AD Impact?

    We estimate that this proposed AD affects 250 airplanes in the U.S. 
registry.

What Would Be the Cost Impact of This Proposed AD on Owners/Operators 
of the Affected Airplanes?

    We estimate the following costs to accomplish the proposed 
inspection:

----------------------------------------------------------------------------------------------------------------
                                                                      Total cost per      Total cost on U.S.
               Labor cost                        Parts cost              airplane              operators
----------------------------------------------------------------------------------------------------------------
120 workhours x $60 = $7,200...........  No parts required to                $7,200   $7,200 x 250 = $1,800,000.
                                          perform the inspection.
----------------------------------------------------------------------------------------------------------------


[[Page 75821]]

    The FAA has no method of determining the number of repetitive 
inspections each owner/operator would incur over the life of each of 
the affected airplanes so the cost impact is based on the initial 
inspection.
    The FAA has no method of determining the number of repairs each 
owner/operator would incur over the life of each of the affected 
airplanes based on the results of the proposed inspections. We have no 
way of determining the number of airplanes that may need such repair. 
The extent of damage would vary on each airplane.

Compliance Time of This Proposed AD

What Would Be the Compliance Time of This Proposed AD?

    The compliance time of this proposed AD is ``upon accumulating 8 
calendar years on the airframe or within the next 12 months after the 
effective date of this AD, whichever occurs later.''

Why Is the Compliance Time Presented in Calendar Time Instead of Hours 
Time-In-Service (TIS)?

    The unsafe condition specified by this proposed AD is caused by 
corrosion. Corrosion can occur regardless of whether the aircraft is in 
operation or is in storage. Therefore, to assure that the unsafe 
condition specified in this proposed AD does not go undetected for a 
long period of time, the compliance is presented in calendar time 
instead of hours time-in-service (TIS). This will allow the owners/
operators to work the proposed inspection into regularly scheduled 
maintenance.

Regulatory Impact

Would This Proposed AD Impact Various Entities?

    The regulations proposed herein would not have a substantial direct 
effect 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, it 
is determined that this proposed rule would not have federalism 
implications under Executive Order 13132.

Would This Proposed AD Involve a Significant Rule or Regulatory Action?

    For the reasons discussed above, I certify that this proposed 
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, under 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. FAA amends Sec.  39.13 by adding a new airworthiness directive 
(AD) to read as follows:

British Aerospace: Docket No. 2002-CE-14-AD.

    (a) What airplanes are affected by this AD? This AD affects 
Model HP.137 Jetstream Mk.1, Jetstream Series 200, Jetstream Series 
3101, and Jetstream Model 3201 airplanes, all serial numbers, that 
are certificated in any category.
    (b) Who must comply with this AD? Anyone who wishes to operate 
any of the airplanes identified in paragraph (a) of this AD must 
comply with this AD.
    (c) What problem does this AD address? The actions specified by 
this AD are intended to detect and correct corrosion and/or wear on 
the horizontal and vertical stabilizer attachment fittings and 
associated hardware, which could result in failure of the attachment 
fittings. Such failure could lead to flutter and subsequent 
structural failure of the empennage.
    (d) What actions must I accomplish to address this problem? To 
address this problem, you must accomplish the following:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Visually inspect the      Initially inspect     In accordance with
 forward and rear horizontal   upon accumulating 8   British Aerospace
 stabilizer attachment bolts   years on the          Jetstream Mandatory
 and associated hardward for   airframe or within    Service Bulletin 55-
 corrosion (i.e., pitting or   the next 12           JA020543, Original
 a change of color in the      calendar months       Issue: October 24,
 surface) and wear (damage).   after the effective   2002.
                               date of this AD,
                               whichever occurs
                               later. Repetitively
                               inspect thereafter
                               at intervals not to
                               exceed 8 years.
-----------------------------
(2) If corrosion or wear is   Prior to further      In accordance with
 found during any inspection   flight after the      British Aerospace
 required in paragraph         inspection in which   Jetstream Mandatory
 (d)(1) of this AD, replace    the damage was        Service Bulletin 55-
 or repair any damaged part    found.                JA020543, Original
 in accordance with the                              Issue: October 24,
 procedures specified in the                         2002.
 manufacturer's service
 bulletin.
-----------------------------
(3) Visually inspect the      Initially inspect     In accordance with
 forward and rear horizontal   upon accumulating 8   British Aerospace
 and vertical stabilizer       years on the          Jetstream Mandatory
 attachment fittings and the   airframe or within    Service Bulletin 55-
 forward eye bolts of the      the next 12           JA020543, Original
 vertical stabilizer for       calendar months       Issue: October 24,
 corrosion or damage at the    after the effective   2002.
 lug faces.                    date of this AD,
                               whichever occurs
                               later. Repetitively
                               inspect thereafter
                               at intervals not to
                               exceed 8 years.
-----------------------------

[[Page 75822]]

 
(4) If corrosion or damage    Prior to further      Repair in accordance
 is found during any           flight after the      with the repair
 inspection required in        inspection in which   scheme obtained
 paragraph (d)(3) of this      the damage was        from British
 AD: (i) replace or repair     found.                Aerospace Regional
 any damaged part in                                 Aircraft, Prestwick
 accordance with the                                 International
 procedures specified in the                         Airport, Ayrshire,
 manufacturer's service                              KA92RW, Scotland.
 bulletin; or (ii) if damage                         Obtain this repair
 exceeds the limits defined                          scheme through the
 in the manufacturer's                               FAA at the address
 service bulletin, obtain a                          specified in
 repair scheme from the                              paragraph (f) of
 manufacturer through the                            this AD.
 FAA at the address
 specified in paragraph (f)
 of this AD; and (iii)
 incorporate this repair
 scheme.
------------------------------------------------------------------------


    Note 1: Although not required by this AD, FAA highly recommends 
you accomplish Highly Recommended Corrosion Prevention Tasks in 
British Aerospace Jetstream Service Bulletin 55-JA020544, Original 
Issue: October 24, 2002, upon accomplishing the initial inspection 
of this AD and during repetitive inspections if damage is found.

    (e) Can I comply with this AD in any other way? You may use an 
alternative method of compliance or adjust the compliance time if:
    (1) Your alternative method of compliance provides an equivalent 
level of safety; and
    (2) The Manager, Standards Office, Small Airplane Directorate, 
approves your alternative. Submit your request through an FAA 
Principal Maintenance Inspector, who may add comments and then send 
it to the Manager, Standards Office.

    Note 2: This AD applies to each airplane identified in paragraph 
(a) of this AD, 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 (e) 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 you have not eliminated the unsafe condition, specific 
actions you propose to address it.

    (f) Where can I get information about any already-approved 
alternative methods of compliance? Contact Doug Rudolph, Aerospace 
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, 
Kansas City, Missouri 64106; telephone: (816) 329-4059; facsimile: 
(816) 329-4090.
    (g) What if I need to fly the airplane to another location to 
comply with this AD? The FAA can issue a special flight permit under 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate your airplane to a location where 
you can accomplish the requirements of this AD.
    (h) How do I get copies of the documents referenced in this AD? 
You may get copies of the documents referenced in this AD from 
British Aerospace Regional Aircraft, Prestwick International 
Airport, Ayrshire, KA9 2RW, Scotland; telephone: (01292) 672345; 
facsimile: (01292) 671625. You may view these documents at FAA, 
Central Region, Office of the Regional Counsel, 901 Locust, Room 
506, Kansas City, Missouri 64106.

    Note 3: The subject of this AD is addressed in British Aerospace 
Jetstream Mandatory Service Bulletin 55-JA020543, Original Issue: 
October 24, 2002. This service bulletin is classified as mandatory 
by the United Kingdom Civil Aviation Authority (CAA).



    Issued in Kansas City, Missouri, on December 2, 2002.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 02-31129 Filed 12-9-02; 8:45 am]
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