[Federal Register Volume 60, Number 103 (Tuesday, May 30, 1995)] [Rules and Regulations] [Pages 28035-28037] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 95-12711] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. 95-NM-74-AD; Amendment 39-9241; AD 95-09-03] Airworthiness Directives; Jetstream Model 4101 Airplanes AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule; request for comments. ----------------------------------------------------------------------- SUMMARY: This document publishes in the Federal Register an amendment adopting Airworthiness Directive (AD) 95-09-03, that was sent previously to all known U.S. owners and operators of Jetstream Model 4101 airplanes by individual letters. This AD requires inspection to determine the number of hours time-in-service on the landing gear control unit, and modification of the cable (electrical wiring circuit) of the landing gear control unit. This amendment is prompted by a report of failure of a micro-switch in the landing gear control unit. The actions specified by this AD are intended to prevent uncommanded retraction of a landing gear, which could adversely affect airplane controllability. DATES: Effective June 14, 1995, to all persons except those persons to whom it was made immediately effective by priority letter AD 95-09-03, issued on April 18, 1995, which contained the requirements of this amendment. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of June 14, 1995. Comments for inclusion in the Rules Docket must be received on or before July 31, 1995. ADDRESSES: Submit comments in triplicate to the Federal Aviation Administration (FAA), Transport Airplane Directorate, ANM-103, Attention: Rules Docket No. 95-NM-74-AD, 1601 Lind Avenue, SW., Renton, Washington 98055-4056. The applicable service information may be obtained from Jetstream Aircraft, Inc., P.O. Box 16029, Dulles International Airport, Washington, DC 20041-6029. This information may be examined at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC. FOR FURTHER INFORMATION CONTACT: William Schroeder, Aerospace Engineer, Standardization Branch, ANM-113, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206) 227-2148; fax (206) 227-1320. SUPPLEMENTARY INFORMATION: On April 18, 1995, the FAA issued priority letter AD 95-09-03, which is applicable to Jetstream Model 4101 airplanes. That action was prompted by a report of failure of a micro- switch in the landing gear control unit. This failure was apparently due to a manufacturing defect. Investigation revealed that the micro- switch failure caused the units to [[Page 28036]] produce spurious signals, which resulted in an uncommanded retraction of the landing gear while the airplane was on the ground. This condition, if not corrected, could result in uncommanded retraction of a landing gear, which could adversely affect airplane controllability. Jetstream has issued Alert Service Bulletin J41-A32-042, dated April 13, 1995, which describes procedures for inspection to determine the number of hours time-in-service on the landing gear control unit. This alert service bulletin also describes procedures for a modification of the cable (electrical wiring circuit) of the landing gear control unit, which will preclude uncommanded retraction of a landing gear in the event of a micro-switch failure. The Civil Aviation Authority (CAA), which is the airworthiness authority for the United Kingdom, classified this service bulletin as mandatory. 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 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. Since the unsafe condition described is likely to exist or develop on other airplanes of the same type design registered in the United States, the FAA issued priority letter AD 95-09-03 to require inspection to determine the number of hours time-in-service on the landing gear control unit, and modification of the cable (electrical wiring circuit) of the landing gear control unit. The actions are required to be accomplished in accordance with the alert service bulletin previously described. Since it was found that immediate corrective action was required, notice and opportunity for prior public comment thereon were impracticable and contrary to the public interest, and good cause existed to make the AD effective immediately by individual letters issued on April 18, 1995 to all known U.S. owners and operators of Jetstream Model 4101 airplanes. These conditions still exist, and the AD is hereby published in the Federal Register as an amendment to section 39.13 of the Federal Aviation Regulations (14 CFR 39.13) to make it effective as to all persons. This is considered interim action. The manufacturer has advised that it currently is developing a modification that will further address the unsafe condition addressed by this AD. Once this modification is developed, approved, and available, the FAA may consider additional rulemaking. Comments Invited Although this action is in the form of a final rule that involves requirements affecting flight safety and, thus, was not preceded by notice and an opportunity for public comment, comments are invited on this rule. Interested persons are invited to comment on this 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 under the caption ADDRESSES. All communications received on or before the closing date for comments will be considered, and this rule may be amended in light of the comments received. Factual information that supports the commenter's ideas and suggestions is extremely helpful in evaluating the effectiveness of the AD action and determining whether additional rulemaking action would be needed. Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify the 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 AD will be filed in the Rules Docket. Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this rule must submit a self-addressed, stamped postcard on which the following statement is made: ``Comments to Docket Number 95-NM-74-AD.'' The postcard will be date stamped and returned to the commenter. 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. The FAA has determined that this regulation is an emergency regulation that must be issued immediately to correct an unsafe condition in aircraft, and that it is not a ``significant regulatory action'' under Executive Order 12866. It has been determined further that this action involves an emergency regulation under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979). If it is determined that this emergency regulation otherwise would be significant under DOT Regulatory Policies and Procedures, a final regulatory evaluation will be prepared and placed in the Rules Docket. A copy of it, if filed, may be obtained from 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. 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 adding the following new airworthiness directive: 95-09-03 Jetstream Aircraft Limited: Amendment 39-9241. Docket 95- NM-74-AD. Applicability: Model 4101 airplanes, constructor numbers 41001 through 41046 inclusive, and 41048 through 41052 inclusive; having either landing gear control unit part number 717701-1 or 717701 modification A; 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 (b) to request approval from the FAA. This approval may address either no action, if the current configuration eliminates the unsafe condition; or different [[Page 28037]] 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 airplane from the applicability of this AD. Compliance: Required as indicated, unless accomplished previously. To prevent uncommanded retraction of the landing gear, which can adversely affect airplane controllability, accomplish the following: (a) Within 8 hours time-in-service after the effective date of this AD, perform an inspection to determine the number of hours time-in-service on the landing gear control unit, in accordance with Jetstream Alert Service Bulletin J41-A32-042, dated April 13, 1995. (1) For those airplanes on which the control unit has accumulated less than 200 hours time-in-service: Prior to further flight, modify the cable (electrical wiring circuit) of the landing gear control unit in accordance with the alert service bulletin. (2) For those airplanes on which the control unit has accumulated 200 hours or more time-in-service: Within 50 hours time- in-service or within 7 days after the effective date of this AD, whichever occurs earlier, modify the cable (electrical wiring circuit) of the landing gear control unit in accordance with the alert service bulletin. (b) 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, Standardization Branch, ANM-113, 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, Standardization Branch, ANM-113. (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) The inspection and modification shall be done in accordance with Jetstream Alert Service Bulletin J41-A32-042, dated April 13, 1995. 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 Jetstream Aircraft, Inc., P.O. Box 16029, Dulles International Airport, Washington, DC 20041-6029. Copies may be inspected at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC. (e) This amendment becomes effective on June 14, 1995, to all persons except those persons to whom it was made immediately effective by priority letter AD 95-09-03, issued April 18, 1995, which contained the requirements of this amendment. Issued in Renton, Washington, on May 18, 1995. Darrell M. Pederson, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 95-12711 Filed 5-26-95; 8:45 am] BILLING CODE 4910-13-U