[Federal Register Volume 61, Number 218 (Friday, November 8, 1996)] [Proposed Rules] [Pages 57830-57832] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-28691] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. 95-NM-160-AD] RIN 2120-AA64 Airworthiness Directives; Jetstream BAe Model ATP Airplanes AGENCY: Federal Aviation Administration, DOT. ACTION: Supplemental notice of proposed rulemaking; reopening of comment period. ----------------------------------------------------------------------- SUMMARY: This document revises an earlier proposed airworthiness directive (AD), applicable to certain Jetstream BAe Model ATP airplanes, that would have required repetitive inspections to detect damage of the antenna mounting reinforcing plates and surrounding fuselage skin. If any damage was detected, the proposed AD would have also required replacement of the reinforcing plate with a new reinforcing plate and/or repair of the surrounding fuselage skin, which would have terminated the repetitive inspection requirements. That proposal was prompted by reports of corrosion found at the antenna reinforcing plates, which was caused by ingress of water at the plates. This action revises the proposed rule by expanding the inspection area. The actions specified by this proposed AD are intended to prevent such corrosion, which could result in reduced structural integrity of the fuselage pressure vessel. DATES: Comments must be received by December 2, 1996. ADDRESSES: Submit comments in triplicate to the Federal Aviation Administration (FAA), Transport Airplane Directorate, ANM-103, Attention: Rules Docket No. 95-NM-160-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 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. 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) 227-2141; fax (206) 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 95-NM-160-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-103, Attention: Rules Docket No. 95-NM-160-AD, 1601 Lind Avenue, SW., Renton, Washington 98055-4056. Discussion A proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to add an airworthiness directive (AD), applicable to certain Jetstream BAe Model ATP airplanes, was published as a notice of proposed rulemaking (NPRM) in the Federal Register on March 8, 1996 (61 FR 9371). That NPRM would have required repetitive detailed external visual inspections to detect damage (i.e., corrosion, cracks, pillowing, and rivet pulling) of the antenna mounting reinforcing plates and surrounding fuselage skin. For cases where any damage was detected during the inspection, the NPRM would have required replacement of the reinforcing plate with a new reinforcing plate and/ or repair of the surrounding fuselage skin; this replacement/repair would have constituted terminating action for the repetitive inspection requirements. That NPRM was prompted by reports of corrosion found at the antenna reinforcing plates, which was caused by the ingress of water at the plates. That condition, if not corrected, could result in reduced structural integrity of the fuselage pressure vessel. Actions Since Issuance of Previous Proposal Since the issuance of that NPRM, Jetstream has issued Service Bulletin ATP-53-31, Revision 1, dated December 5, 1995. (The original issue of the service bulletin, dated July 1, 1995, was cited in the NPRM as the appropriate source of service [[Page 57831]] information.) Revision 1 of the service bulletin differs from the original issue in that it includes procedures for inspecting two additional reinforcing plates at the automatic direction finder (ADF) loop antenna positions. The Civil Aviation Authority (CAA), which is the airworthiness authority for the United Kingdom, classified this revised service bulletin as mandatory in order to assure the continued airworthiness of these airplanes in the United Kingdom. Review of Relevant Service Information The FAA examined the findings of the CAA and reviewed the revised service information. The FAA finds that the NPRM must be revised to require that inspections be accomplished of the inspection areas described in Revision 1 of the service bulletin. The FAA also finds that the NPRM must be revised to specify Revision 1 of the service bulletin as the appropriate source of service information for accomplishment of the replacement/repair. Paragraphs (a) and (b) of this supplemental NPRM have been revised accordingly. In addition, a note has been added to this supplemental NPRM to specify that inspections accomplished prior to the effective date of the proposed AD, in accordance with the original version of the service bulletin, are considered acceptable for compliance with the applicable inspections in Revision 1 of the service bulletin. Conclusion Since this change expands the scope of the originally proposed rule, the FAA has determined that it is necessary to reopen the comment period to provide additional opportunity for public comment. Cost Impact The FAA estimates that 10 airplanes of U.S. registry would be affected by this proposed AD, that it would take approximately 2 work hours per airplane to accomplish the proposed actions, and that the average labor rate is $60 per work hour. Based on these figures, the cost impact of the proposed AD on U.S. operators is estimated to be $1,200, or $120 per airplane, per inspection cycle. The cost impact figure discussed above is based on assumptions that no operator has yet accomplished any of the 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 adding the following new airworthiness directive: Jetstream Aircraft Limited (Formerly British Aerospace Commercial Aircraft Limited): Docket 95-NM-160-AD. Applicability: Model BAe ATP airplanes having constructor's numbers 2002 through 2063 inclusive, 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 request approval for an alternative method of compliance in accordance with paragraph (c) 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 prevent corrosion of the antenna mounting reinforcing plates and surrounding skin, which could result in reduced structural integrity of the fuselage pressure vessel, accomplish the following: (a) Within 6 months after the effective date of this AD, perform a detailed external visual inspection to detect damage (i.e., corrosion, cracks, pillowing, and rivet pulling) of the antenna mounting reinforcing plates and surrounding fuselage skin in accordance with Part A of the Accomplishment Instructions of Jetstream Service Bulletin ATP-53-31, Revision 1, dated December 5, 1995. Note 2: Inspections of the areas specified in Jetstream Service Bulletin ATP-53-31, dated July 1, 1995, that have been accomplished prior to the effective date of this AD and in accordance with that service bulletin, are considered acceptable for compliance with the inspections of those areas as required by paragraph (a) of this AD. (It should be noted, however, that Revision 1 of Service Bulletin ATP-53-31 specifies procedures for inspection of two additional ADF antenna locations.) (1) If no damage is detected, repeat the inspection thereafter at intervals not to exceed 1 year. (2) If any damage is detected, replace the reinforcing plate with a new reinforcing plate and/or repair the surrounding fuselage skin at the applicable times specified in Figure 4 of the service bulletin, and in accordance with Part B of the Accomplishment Instructions of the service bulletin. Accomplishment of this replacement/repair constitutes terminating action for the repetitive inspection requirements of paragraph (a)(1) of this AD. (b) Accomplishment of the replacement/repair procedures specified in Part B of the Accomplishment Instructions of Jetstream Service Bulletin ATP-53-31, Revision 1, dated December 5, 1995, constitutes terminating action for the requirements of this AD. (c) 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. Note 3: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Standardization Branch, ANM-113. (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. [[Page 57832]] Issued in Renton, Washington, on November 1, 1996. Darrell M. Pederson, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 96-28691 Filed 11-.7-96; 8:45 am] BILLING CODE 4910-13-U