[Federal Register Volume 60, Number 149 (Thursday, August 3, 1995)]
[Rules and Regulations]
[Pages 39627-39628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18123]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 95-CE-12-AD; Amendment 39-9318; AD 95-15-12]


Airworthiness Directives; Jetstream Aircraft Limited (JAL) HP137 
Mk1 and Jetstream Series 200 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to Jetstream Aircraft Limited (JAL) HP137 Mk1 and Jetstream 
series 200 airplanes. This action requires incorporating operating 
limitations that revise the maximum flap operating speed for DOWN flaps 
to 120 knots indicated airspeed (KIAS), and prohibit extending the 
flaps beyond the take-off position if ice is visible on the airplane. 
An incident where an airplane of similar type design to the affected 
airplanes experienced sudden pitch down because of the accumulation of 
over one inch of ice prompted the proposed action. The actions 
specified by this AD are intended to prevent sudden pitch down of the 
airplane during icing conditions, which could lead to loss of control 
of the airplane.

DATES: Effective September 19, 1995.

    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of September 19, 1995.

ADDRESSES: Service information that applies to this 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, D.C., 20041-6029; 
telephone (703) 406-1161; facsimile (703) 406-1469. This information 
may also be examined at the Federal Aviation Administration (FAA), 
Central Region, Office of the Assistant Chief Counsel, Attention: Rules 
Docket 95-CE-12-AD, Room 1558, 601 E. 12th Street, Kansas City, 
Missouri 64106; or at the Office of the Federal Register, 800 North 
Capitol Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mr. Sam Lovell, Project Officer, Small 
Airplane Directorate, Airplane Certification Service, FAA, 1201 Walnut, 
suite 900, Kansas City, Missouri 64105; telephone (816) 426-6932; 
facsimile (816) 426-2169.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an AD that would apply 
to JAL HP137 Mk1, and Jetstream series 200 airplanes was published in 
the Federal Register on March 2, 1995 (60 FR 11635). The action 
proposed to incorporate operating limitations that revise the maximum 
flap operating speed for DOWN flaps to 120 KIAS, and prohibit extending 
flaps beyond the take-off position if ice is visible on the airplane. 
Accomplishment of the proposed action would be in accordance with 
Jetstream Service Bulletin (SB) 27-A-JA 911044, dated January 31, 1992.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were received on the 
proposed rule or the FAA's determination of the cost to the public.
    After careful review of all available information related to the 
subject presented above, the FAA has determined that air safety and the 
public interest require the adoption of the rule as proposed except for 
minor editorial corrections. The FAA has determined that these minor 
corrections will not change the meaning of the AD and will not add any 
additional burden upon the public than was already proposed.
    The FAA estimates that 10 airplanes in the U.S. registry will be 
affected by this AD, that it will take approximately 1 workhour per 
airplane to accomplish the required action, and that the average labor 
rate is approximately $60 an hour. Parts (placards fabricated from 
local resources) cost approximately $30 per airplane. Based on these 
figures, the total cost impact of the AD on U.S. operators is estimated 
to be $900. This figure is based upon the assumption that no affected 
airplane owner/operator has accomplished the proposed inspection.
    All 10 of the affected airplanes are HP137 Mk1 airplanes; 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. 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 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 

[[Page 39628]]
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.
    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) 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 final 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, 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 a new airworthiness directive 
to read as follows:

95-15-12  Jetstream Aircraft Limited: Amendment 39-9318; Docket No. 
95-CE-12-AD.

    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 airplane from the applicability of this AD.

    Compliance: Required within the next 100 hours time-in-service 
after the effective date of this AD, unless already accomplished.
    To prevent sudden pitch down of the airplane during icing 
conditions, which could lead to loss of control of the airplane, 
accomplish the following:
    (a) Modify the operating limitations placards located on the 
flight deck in accordance with the ACCOMPLISHMENT INSTRUCTIONS 
section of Jetstream Service Bulletin (SB) No. 27-A-JA 911044, dated 
January 31, 1992. This modification limits the maximum flap 
operating speed for DOWN flaps to 120 knots indicated airspeed 
(KIAS). Insert a copy of this AD into the Limitations section of the 
applicable airplane flight manual (AFM).
    (b) Fabricate a placard with the words ``Do not extend the flaps 
beyond the take-off position if ice is visible on the aircraft. 
Ensure the landing gear selector is down prior to landing.'' Install 
this placard on the airplane's instrument panel within the pilot's 
clear view. Insert a copy of paragraph ``B.Instructions for Aircraft 
Operations'' of the ACCOMPLISHMENT INSTRUCTIONS section of Jetstream 
SB 27-A-JA 911044, dated January 31, 1992, into the Limitations 
section of the AFM.

    Note 2: Parts of the airplane where ice could specifically be 
visible include the windshield wipers, center windshield, propeller 
spinners, or inboard wing leading edges.

    (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) An alternative method of compliance or adjustment of the 
compliance time 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 shall 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 Aircraft Certification Office.

    (e) The inspections required by this AD shall be done in 
accordance with Jetstream Service Bulletin No. 27-A-JA 911044, dated 
January 31, 1992. 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 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, D.C., 20041- 6029; 
telephone (703) 406-1161; facsimile (703) 406- 1469. Copies may be 
inspected at the FAA, Central Region, Office of the Assistant Chief 
Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri, or at 
the Office of the Federal Register, 800 North Capitol Street, NW., 
7th Floor, suite 700, Washington, DC.
    (f) This amendment (39-9318) becomes effective on September 19, 
1995.

    Issued in Kansas City, Missouri, on July 18, 1995.
Henry A. Armstrong,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 95-18123 Filed 8-2-95; 8:45 am]
BILLING CODE 4910-13-U