[Federal Register: December 10, 2002 (Volume 67, Number 237)]
[Proposed Rules]
[Page 75819-75822]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10de02-10]
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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.
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[[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.
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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: 9-ACE-7-Docket@faa.gov.
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:
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Total cost per Total cost on U.S.
Labor cost Parts cost airplane operators
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120 workhours x $60 = $7,200........... No parts required to $7,200 $7,200 x 250 = $1,800,000.
perform the inspection.
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[[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:
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Actions Compliance Procedures
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(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.
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(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.
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(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.
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[[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.
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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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