Airworthiness Directives; Jetstream Aircraft Limited (Formerly British Aerospace, Regional Airlines Limited) HP137 Mk1 and Jetstream Series 200 Airplanes

SUMMARY: This document proposes to supersede AD 81-09-03 R1, which

currently requires repetitively inspecting the rudder pedal adjusting

mounting bracket for cracks on Jetstream Aircraft Limited (JAL) HP137

Mk1 and Jetstream series 200 airplanes, and replacing any cracked

bracket. The Federal Aviation Administration's policy on aging

commuter-class aircraft is to eliminate, or in certain instances,

reduce the number of repetitions of certain short-interval inspections

when improved parts or modifications are available. The proposed action

would require replacing the mounting bracket with a new mounting

bracket of improved design as terminating action for the repetitive

inspections that are currently required by AD 81-09-03 R1. The actions

specified in the proposed AD are intended to prevent inadvertent rudder

movement caused by a cracked rudder pedal adjusting mounting bracket,

which could result in loss of rudder control.

DATES: Comments must be received on or before December 16, 1994.

ADDRESSES: Submit comments in triplicate to the Federal Aviation

Administration (FAA), Central Region, Office of the Assistant Chief

Counsel, Attention: Rules Docket No. 94-CE-14-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 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, DC, 20041-6029;

telephone (703) 406-1161; facsimile (703) 406-1469. This information

also may be examined at the Rules Docket at the address above.

FOR FURTHER INFORMATION CONTACT: Mr. Raymond A. Stoer, Program Officer,

Brussels Aircraft Certification Office, FAA, Europe, Africa, and Middle

East Office, c/o American Embassy, B-1000 Brussels, Belgium; telephone

(322) 513.3830; facsimile (322) 230.6899; or Mr. John P. Dow, Sr.,

Project Officer, Small Airplane Directorate, Airplane Certification

Service, FAA, 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. 94-CE-14-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 Assistant Chief Counsel,

Attention: Rules Docket No. 94-CE-14-AD, Room 1558, 601 E. 12th Street,

Kansas City, Missouri 64106.

Discussion

The FAA has determined that reliance on critical repetitive

inspections on aging commuter-class airplanes carries an unnecessary

safety risk when a design change exists that could eliminate, or in

certain instances, reduce the number of repetitions of those critical

inspections. In determining what inspections are critical, the FAA

considers (1) the safety consequences of the airplane if the known

problem is not detected by the inspection; (2) the reliability of the

inspection such as the probability of not detecting the known problem;

(3) whether the inspection area is difficult to access; and (4) the

possibility of damage to an adjacent structure as a result of the

problem.

These factors have led the FAA to establish an aging commuter-class

aircraft policy that requires incorporating a known design change when

it could replace a critical repetitive inspection. With this policy in

mind, the FAA recently conducted a review of existing AD's that apply

to JAL HP137 Mk1 and Jetstream series 200 airplanes. Assisting the FAA

in this review were (1) the Civil Aviation Authority (CAA), which is

the airworthiness authority for the United Kingdom; (2) JAL; (3) the

Regional Airlines Association (RAA); and (4) several U.S. and foreign

operators of the affected airplanes.

From this review, the FAA has identified AD 81-09-03 R1, Amendment

39-4150, as one that should be superseded with a new AD that would

require a modification that could eliminate the need for short-interval

and critical repetitive inspections. AD 81-09-03 R1 currently requires

repetitively inspecting the rudder pedal adjusting mounting bracket for

cracks on Jetstream Aircraft Limited HP137 Mk1 and Jetstream series 200

airplanes, and replacing any cracked bracket.

JAL has developed Modification No. 5162, which introduces a new

rudder pedal adjusting mounting bracket with increased sectional

dimension, part number (P/N) 1379111E 1. Included with this

modification are Instructions to Modification No. 5162, Part 1 and Part

2, Issue 1, dated June 1981.

As a result of the previously discussed AD review, the CAA listed

the actions specified in the referenced service instructions as

mandatory with CAA AD 003-07-81 in order to assure the continued

airworthiness of these airplanes in the United Kingdom.

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.

Based on its aging commuter-class aircraft policy and after

reviewing all available information including that received from the

CAA, the FAA has determined that AD action should be taken to (1)

eliminate the repetitive short-interval inspections required by AD 81-

09-03 R1, Amendment 39-4150; and (2) continue preventing inadvertent

rudder movement caused by a cracked rudder pedal adjusting mounting

bracket, which could result in loss of rudder control.

Since an unsafe condition has been identified that is likely to

exist or develop in other JAL HP137 Mk1 and Jetstream series 200

airplanes of the same type design, the proposed AD would supersede AD

81-09-03 R1 with a new AD that would (1) retain the inspections of the

rudder pedal adjusting mounting bracket for cracks and require

replacing any cracked part as required by the current AD; and (2)

require replacing this mounting bracket with an improved part of

increased sectional dimension, P/N 1379111E 1, as terminating action

for the repetitive inspections. The proposed inspection would be

accomplished in accordance with Jetstream Service Bulletin No. 9/10,

dated April 28, 1981. The proposed replacement would be accomplished in

accordance with the Instructions to Modification No. 5162, Part 1 and

Part 2, Issue 1, dated June 1981.

The FAA estimates that 11 airplanes in the U.S. registry would be

affected by the proposed AD, that it would take approximately 160

workhours per airplane to accomplish the proposed modification, and

that the average labor rate is approximately $55 an hour. Parts cost

approximately $1,800 per airplane. Based on these figures, the total

cost impact of the proposed AD on U.S. operators is estimated to be

$116,600.

All 11 of the affected airplanes are HP137 Mk1's; 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 or anywhere near operating condition. For this reason, JAL no

longer stocks Modification No. 5162, but can develop modification kits

within three months after order. 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 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. 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 removing AD 81-09-03 R1, Amendment

39-4150, and by adding a new AD to read as follows:

Jetstream Aircraft Limited: Docket No. 94-CE-14-AD. Supersedes AD

81-09-03 R1, Amendment 39-4150.

Applicability: HP137 Mk1 and Jetstream Series 200 airplanes (all

serial numbers), certificated in any category.

Compliance: Required as indicated after the effective date of

this AD, unless already accomplished.

To prevent inadvertent rudder movement caused by a cracked

rudder pedal adjusting mounting bracket, which could result in loss

of rudder control, accomplish the following:

(a) Within the next 100 hours time-in-service, unless already

accomplished (compliance with AD 81-09-03 R1), inspect the rudder

pedal adjusting mounting bracket for cracks in accordance with

Jetstream Service Bulletin (SB) No. 9/10, dated April 28, 1981.

(1) If cracks are found, prior to further flight, replace the

mounting bracket with an improved part of increased sectional

dimension, part number (P/N) 1379111E 1, in accordance with the

Instructions to Modification No. 5162, Part 1 and Part 2, Issue 1,

dated June 1981.

This replacement is referenced as Modification No. 5162.

(2) If no cracks are found, reinspect at intervals not to exceed

100 hours TIS until Modification No. 5162 is incorporated.

(b) Upon the accumulation of 15,000 hours TIS or within the next

200 hours TIS, whichever occurs later, replace the rudder pedal

adjusting mounting bracket with an improved part of increased

sectional dimension, P/N 1379111E 1 (Modification No. 5162), in

accordance with the Instructions to Modification No. 5162, Part 1

and Part 2, Issue 1, dated June 1981.

(c) Incorporating Modification 5162 as specified in paragraph

(a)(1) or (b) of this AD eliminates the repetitive inspection

requirement of this AD.

(d) Special flight permits may be issued in accordance with

Secs. 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.

(e) An alternative method of compliance or adjustment of the

initial and repetitive compliance times that provides an equivalent

level of safety may be approved by the Manager, Brussels Aircraft

Certification Office, Europe, Africa, Middle East office, FAA, c/o

American Embassy, 1000 Brussels, Belgium. The request should be

forwarded through an appropriate FAA Maintenance Inspector, who may

add comments and then send it to the Manager, Brussels Aircraft

Certification Office.

Note: Information concerning the existence of approved

alternative methods of compliance with this AD, if any, may be

obtained from the Brussels Aircraft Certification Office.

(f) All persons affected by this directive may obtain copies of

the documents referred to herein upon request to Jetstream Aircraft

Limited, Manager Product Support, Prestwick Airport, Ayrshire, KA9

2RW Scotland; telephone (44-292) 79888; or Jetstream Aircraft Inc.,

Librarian, P.O. Box 16029, Dulles International Airport, Washington,

DC, 20041-6029; or may examine these documents at the FAA, Central

Region, Office of the Assistant Chief Counsel, Room 1558, 601 E.

12th Street, Kansas City, Missouri 64106.

Issued in Kansas City, Missouri, on October 5, 1994.

John R. Colomy,

Acting Manager, Small Airplane Directorate, Aircraft Certification

Service.

[FR Doc. 94-25292 Filed 10-12-94; 8:45 am]

BILLING CODE 4910-13-U