[Federal Register: March 19, 1998 (Volume 63, Number 53)]
[Proposed Rules]               
[Page 13378-13379]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19mr98-18]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-CE-15-AD]
RIN 2120-AA64

 
Airworthiness Directives; British Aerospace Model 3101 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes to adopt a new airworthiness directive 
(AD) that would apply to certain British Aerospace Model 3101 
airplanes. The proposed AD would require modifying the emergency 
hydraulic hand-pump by increasing the length of the access aperture. 
The proposed AD is the result of mandatory continuing airworthiness 
information (MCAI) issued by the airworthiness authority for the United 
Kingdom. The actions specified by the proposed AD are intended to 
prevent difficulty accessing the emergency hydraulic hand-pump because 
of the current design, which, in the event of a hydraulic system 
failure, could result in the inability to operate the flaps and landing 
gear.

DATES: Comments must be received on or before April 24, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 98-CE-15-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 British Aerospace Regional Aircraft, Prestwick International 
Airport, Ayrshire, KA9 2RW, Scotland; telephone: (01292) 479888; 
facsimile: (01292) 479703. This information also may be examined at the 
Rules Docket at the address above.

FOR FURTHER INFORMATION CONTACT: Mr. S.M. Nagarajan, Aerospace 
Engineer, Small Airplane Directorate, Aircraft Certification Service, 
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. 98-CE-15-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 Regional Counsel, Attention: 
Rules Docket No. 98-CE-15-AD, Room 1558, 601 E. 12th Street, Kansas 
City, Missouri 64106.

Discussion

    The Civil Airworthiness Authority (CAA), which is the airworthiness 
authority for the United Kingdom, notified the FAA that an unsafe 
condition may exist on certain British Aerospace Model 3101 airplanes. 
The CAA reports difficulty in accessing the emergency hydraulic hand-
pump on the above-referenced airplanes. The emergency hydraulic hand-
pump is provided for lowering the flaps and landing gear using the 
emergency selector valve in the event of hydraulic system failure.
    This condition, if not corrected in a timely manner, could result 
in the inability to operate the flaps and landing gear, leading to 
hazardous conditions during landing.

Relevant Service Information

    British Aerospace has issued Jetstream Service Bulletin 29-JM 7360, 
Revision No. 1, dated January 3, 1991, which specifies procedures for 
modifying the emergency hydraulic hand-pump by increasing the length of 
the access aperture.
    The CAA classified this service bulletin as mandatory in order to 
assure the continued airworthiness of these airplanes in the United 
Kingdom. The CAA classifying a service bulletin as mandatory is the 
same in the United Kingdom as the FAA issuing an AD in the United 
States.

The FAA's Determination

    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, including the service information referenced 
above; and determined that AD action is necessary for products of this 
type design that are certificated for operation in the United States.

Explanation of the Provisions of the Proposed AD

    Since an unsafe condition has been identified that is likely to 
exist or develop in other British Aerospace Model 3101 airplanes of the 
same type design registered in the United States, the FAA is proposing 
AD action. The proposed AD would require modifying the emergency 
hydraulic hand-pump by increasing the length of the access aperture. 
Accomplishment of the proposed modification would be in accordance with 
the service bulletin previously referenced.

Cost Impact

    The FAA estimates that 58 airplanes in the U.S. registry would be 
affected by the proposed AD, that it would take approximately 7 
workhours per airplane to accomplish the proposed modification, and 
that the average labor rate is approximately $60 an hour. British 
Aerospace will provide parts to

[[Page 13379]]

the owners/operators of the affected airplanes at no cost. Based on 
these figures, the total cost impact of the proposed AD on U.S. 
operators is estimated to be $24,360, or $420 per airplane.

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 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. 106(g), 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding a new airworthiness directive 
(AD) to read as follows:

British Aerospace: Docket No. 98-CE-15-AD.

    Applicability: Model 3101 airplanes, serial numbers 601 through 
646, 648 through 655, 657, 658, and 660, 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 within the next 300 hours time-in-service 
(TIS) after the effective date of this AD, unless already 
accomplished.
    To prevent difficulty accessing the emergency hydraulic hand-
pump because of the current design, which, in the event of a 
hydraulic system failure, could result in the inability to operate 
the flaps and landing gear, accomplish the following:
    (a) Modify the emergency hydraulic hand-pump by increasing the 
length of the access aperture in accordance with the ACCOMPLISHMENT 
INSTRUCTIONS section of British Aerospace Jetstream Service Bulletin 
29-JM 7360, Revision 1, dated January 3, 1991.
    (b) 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.
    (c) An alternative method of compliance or adjustment of the 
compliance time that provides an equivalent level of safety may be 
approved by the Manager, Small Airplane Directorate, Aircraft 
Certification Service, 1201 Walnut, suite 900, Kansas City, Missouri 
64106. The request shall be forwarded through an appropriate FAA 
Maintenance Inspector, who may add comments and then send it to the 
Manager, Small Airplane Directorate.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Small Airplane Directorate.

    (d) Questions or technical information related to British 
Aerospace Jetstream Service Bulletin 29-JM 7360 Revision No. 1, 
dated January 3, 1991, should be directed to British Aerospace 
Regional Aircraft Limited, Prestwick International Airport, 
Ayrshire, KA9 2RW, Scotland; telephone: (01292) 479888; facsimile: 
(01292) 479703. This service information may be examined at the FAA, 
Central Region, Office of the Regional Counsel, Room 1558, 601 E. 
12th Street, Kansas City, Missouri 64106.

    Note 3: The subject of this AD is addressed in British Aerospace 
Jetstream Service Bulletin 29-JM 7360, Revision 1, dated January 3, 
1991. This service bulletin is classified as mandatory by the United 
Kingdom Civil Aviation Authority (CAA).

    Issued in Kansas City, Missouri, on March 11, 1998.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 98-7087 Filed 3-18-98; 8:45 am]
BILLING CODE 4910-13-U