[Federal Register Volume 60, Number 41 (Thursday, March 2, 1995)] [Proposed Rules] [Pages 11636-11639] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 95-5122] ======================================================================= ----------------------------------------------------------------------- [[Page 11637]] DEPARTMENT OF TRANSPORTATION 14 CFR Part 39 [Docket No. 95-CE-09-AD] Airworthiness Directives; Jetstream Aircraft Limited HP137 Mk1 and Jetstream Series 200 Airplanes AGENCY: Federal Aviation Administration, DOT. ACTION: Notice of proposed rulemaking (NPRM). ----------------------------------------------------------------------- SUMMARY: This document proposes to supersede Airworthiness Directive (AD) 83-05-01, which currently requires the following on Jetstream Aircraft Limited (JAL) HP137 Mk1 and Jetstream series 200 airplanes: Repetitively inspecting the wing lower skin panels at the main gear bay cutout for loose or damaged rivets and cracks, replacing loose or damaged rivets, and repairing any cracked wing lower skin panel. The Federal Aviation Administration's policy on aging commuter-class aircraft is to eliminate or, in certain instances, reduce the number of repetitive short- interval inspections when improved parts or modifications are available. The proposed action would require reinforcing the wing lower skin at both the landing gear cutout at Wing Station (WS) 115 and the undercarriage bay cutout at WS 60 and WS 90, as terminating action for the repetitive inspections that are currently required by AD 83-05-01. The actions specified in the proposed AD are intended to prevent wing damage caused by cracks or loose or damaged rivets in the wing lower skin panels, which, if not detected and corrected, could result in damage to the point of structural failure. DATES: Comments must be received on or before May 15, 1995. ADDRESSES: Submit comments on the proposal in triplicate to the Federal Aviation Administration (FAA), Central Region, Office of the Assistant Chief Counsel, Attention: Rules Docket No. 95-CE-09-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 Jetstream Aircraft Limited, Manager Product Support, Prestwick Airport, Ayrshire, KA9 2RW Scotland; telephone (44-292) 79888; facsimile (44-292) 79703; or Jetstream Aircraft Inc., Librarian, P.O. Box 16029, Dulles International Airport, Washington, DC 20041-6029; telephone (703) 406-1161; facsimile (703) 406-1469. This information also may be examined at the Rules Docket at the address above. FOR FURTHER INFORMATION CONTACT: Mr. Raymond A. Stoer, Program Officer, Brussels Aircraft Certification Office, FAA, Europe, Africa, and Middle East Office, c/o American Embassy, B-1000, Brussels, Belgium; telephone (322) 513.3830; facsimile (322) 230.6899; or Mr. John P. Dow, Sr., Project Officer, Small Airplane Directorate, Airplane Certification Service, FAA, 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. 95-CE-09-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 Assistant Chief Counsel, Attention: Rules Docket No. 95-CE-09-AD, Room 1558, 601 E 12th Street, Kansas City, Missouri 64106. Discussion The FAA has determined that reliance on critical repetitive inspections on aging commuter-class airplanes carries an unnecessary safety risk when a design change exists that could eliminate or, in certain instances, reduce the number of those critical inspections. In determining what inspections are critical, the FAA considers (1) The safety consequences if the known problem is not detected during the inspection; (2) the probability of the problem not being detected during the inspection; (3) whether the inspection area is difficult to access; and (4) the possibility of damage occurring to an adjacent structure as a result of the problem. These factors have led the FAA to establish an aging commuter-class aircraft policy that requires incorporating a known design change when it could eliminate, or, in certain instances, reduce the number of critical repetitive inspections. From this review, the FAA has identified AD 83-05-01, Amendment 39- 4573, as one that should be superseded with a new AD that would require a modification that, when incorporated, would eliminate the need for short-interval and critical repetitive inspections. AD 83-05-01 currently requires repetitively inspecting the wing lower skin panels at the main gear bay cutout for loose or damaged rivets and cracks, replacing loose or damaged rivets, and repairing any cracked wing lower skin panel. The inspections are accomplished in accordance with Jetstream Service Bulletin (SB) No. 7/3, dated October 1980. JAL has introduced two wing lower skin reinforcements that, when incorporated, (1) Reinforce the wing lower skin at the landing gear bay cutout at WS 115 (Modification No. 5122), and (2) reinforce the wing lower skin at undercarriage bay cutout between WS 60 and WS 90 (Modification No. 5146). Jetstream SB 57-JM5221 specifies procedures for incorporating Modification 5221, and Modification No. 5146 Part 2 (Ref 7/5146), specifies procedures for incorporating Modification 5146. Based on its aging commuter-class aircraft policy and after reviewing all available information, the FAA has determined that AD action should be taken to eliminate the repetitive short-interval inspections required by AD 83-05-01, Amendment 39-4573, and to prevent wing damage caused by cracks or loose or damaged rivets in the wing lower skin panels, which, if not detected and corrected, could result in damage to the point of structural failure. 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 [[Page 11638]] applicable bilateral airworthiness agreement. Since an unsafe condition has been identified that is likely to exist or develop in other JAL HP137 Mk1 and Jetstream series 200 airplanes of the same type design, the proposed AD would supersede AD 83-05-01 with a new AD that would (1) retain the requirements of repetitively inspecting the wing lower skin panels at the main gear bay cutout for loose or damaged rivets and cracks, replacing loose or damaged rivets, and repairing any cracked wing lower skin panel; and (2) require incorporating Modification Nos. 5122 and 5146 as terminating action for the repetitive inspections. The proposed inspection would be accomplished in accordance with Jetstream SB No. 7/ 3, dated October 1980. Modification 5122 would be accomplished in accordance with Jetstream SB 57-JM5221, dated September 28, 1984, and Jetstream Modification 5146 would be accomplished in accordance with Modification No. 5146 Part 2 (Ref 7/5146), which incorporates the following pages: ------------------------------------------------------------------------ Issue Pages level Date ------------------------------------------------------------------------ 1, 2, 4, 7, and 8............. 1 March 1981. 3, 5, and 6................... 2 August 1982. ------------------------------------------------------------------------ The FAA estimates that 10 airplanes in the U.S. registry would be affected by the proposed AD, that it would take approximately 332 workhours per airplane to accomplish the proposed modifications (172 workhours for Modification 5221 and 160 workhours for Modification 5146), and that the average labor rate is approximately $60 an hour. Parts cost approximately $12,000 per airplane ($2,400 for Modification 5221 and $9,600 for Modification 5146). Based on these figures, the total cost impact of the proposed AD on U.S. operators is estimated to be $319,200 ($31,920 per airplane). All 10 of the affected airplanes are HP137 Mk1's; there are no Jetstream series 200 airplanes registered in the United States, but they are type certificated for operation in the United States. According to FAA records, none of these HP137 Mk1 airplanes are in operation. JAL no longer stocks Modification No. 5122, but can develop modification kits within three months after order. Since there are no airplanes currently in operation, the cost impact of the proposed AD would be narrowed to only those owners/operators returning their airplane to operation. 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. App. 1354(a), 1421 and 1423; 49 U.S.C. 106(g); and 14 CFR 11.89. Sec. 39.13 [Amended] 2. Section 39.13 is amended by removing AD 83-05-01, Amendment 39- 4573, and adding a new AD to read as follows: Jetstream Aircraft Limited: Docket No. 95-CE-09-AD. Supersedes AD 83-05-01, Amendment 39-4573. Applicability: HP137 Mk1 and Jetstream Series 200 airplanes (all serial numbers), 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 use the authority provided in paragraph (d) of this AD to request approval from the FAA. This approval may address either no action, if the current configuration eliminates the unsafe condition, or different actions necessary to address the unsafe condition described in this AD. Such a request should include an assessment of the effect of the changed configuration on the unsafe condition addressed by this AD. In no case does the presence of any modification, alteration, or repair remove any aircraft from the applicability of this AD. Compliance: Required as indicated after the effective date of this AD, unless already accomplished. To prevent wing damage caused by cracks or loose or damaged rivets in the wing lower skin panels, which, if not detected and corrected, could result in damage to the point of structural failure, accomplish the following: (a) Upon the accumulation of 6,500 hours time-in-service (TIS) or within the next 100 hours time-in-service after the effective date of this AD, whichever occurs later, unless already accomplished (see NOTE 1), and thereafter at intervals not to exceed 100 hours TIS until the modifications required by paragraphs (b)(1) and (b)(2) of this AD are incorporated, accomplish the following: (1) Inspect the wing lower skin between Wing Station (WS) 60 and WS 115 for loose or damaged rivets or cracks in accordance with section 3. ACTION, paragraphs (a) through (e), of Jetstream Service Bulletin (SB) No. 7/3, dated October 1980. (2) Replace any loose or damaged rivets and repair any cracked wing lower skin panel in accordance with section 3. ACTION, paragraphs (f) through (k), of Jetstream SB No. 7/3, dated October 1980. Note 2: The repetitive inspections required by paragraph (a) of this AD are the same as required by superseded AD 83-05-01. The intent of this AD is to maintain this repetitive inspection program for the affected airplane operators until the requirements of paragraph (b) of this AD are accomplished. (b) Upon the accumulation of 10,000 hours TIS or within the next 100 hours TIS after the effective date of this AD, whichever occurs later, accomplish the following: (1) Reinforce the wing lower skin at the landing gear bay cutout at WS 115 in accordance with Jetstream SB 57-JM5221, dated September 18, 1984. This is referred to as Modification 5221. (2) Reinforce the wing lower skin at undercarriage bay cutout between WS 60 and WS 90 in accordance with Modification No. 5146 Part 2 (Ref 7/5146), which incorporates the following pages: ------------------------------------------------------------------------ Issue Pages level Date ------------------------------------------------------------------------ 1, 2, 4, 7, and 8............. 1 March 1981. 3, 5, and 6................... 2 August 1982. ------------------------------------------------------------------------ (c) The reinforcements required by paragraphs (b)(1) and (b)(2) of this AD may be accomplished prior to 10,000 hours TIS as [[Page 11639]] terminating action for the repetitive inspection requirement of this AD. (d) 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. (e) An alternative method of compliance or adjustment of the initial and repetitive compliance times that provides an equivalent level of safety may be approved by the Manager, Brussels Aircraft Certification Office (ACO), Europe, Africa, Middle East office, FAA, c/o American Embassy, B-1000, Brussels, Belgium. The request should be forwarded through an appropriate FAA Maintenance Inspector, who may add comments and then send it to the Manager, Brussels ACO. Note 3: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Brussels ACO. (f) All persons affected by this directive may obtain copies of the documents referred to herein upon request to Jetstream Aircraft Limited, Manager Product Support, Prestwick Airport, Ayrshire, KA9 2RW Scotland; or Jetstream Aircraft Inc., Librarian, P.O. Box 16029, Dulles International Airport, Washington, DC 20041-6029; or may examine these documents at the FAA, Central Region, Office of the Assistant Chief Counsel, Room 1558, 601 E 12th Street, Kansas City, Missouri 64106. (g) This amendment supersedes AD 83-05-01, Amendment 39-4573. Issued in Kansas City, Missouri, on February 24, 1995. Barry D. Clements, Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. 95-5122 Filed 3-1-95; 8:45 am] BILLING CODE 4910-13-U