Airworthiness Directives; Jetstream Model 4101 Airplanes

DEPARTMENT OF TRANSPORTATION

14 CFR Part 39

[Docket No. 94-NM-169-AD]

Airworthiness Directives; Jetstream Model 4101 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness

directive (AD) that is applicable to certain Jetstream Model 4101

airplanes. This proposal would require modification of the spoiler

system. This proposal is prompted by reports of fatigue failures of the

tee fittings of the spoiler bleed nipples. The actions specified by the

proposed AD are intended to ensure that the tee fittings do not fail,

and subsequently lead to loss of the main system hydraulics.

DATES: Comments must be received by January 27, 1995.

ADDRESSES: Submit comments in triplicate to the Federal Aviation

Administration (FAA), Transport Airplane Directorate, ANM-103,

Attention: Rules Docket No. 94-NM-169-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: Sam Grober, Aerospace Engineer,

Standardization Branch, ANM-113, FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206)

227-2148; fax (206) 227-1320.

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 94-NM-169-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. 94-NM-169-AD, 1601 Lind Avenue SW., Renton, Washington

98055-4056.

Discussion

The Civil Aviation Authority (CAA), which is the airworthiness

authority for the United Kingdom, recently notified the FAA that an

unsafe condition may exist on certain Jetstream Model 4101 airplanes

series airplanes. The CAA advises that operators have reported failures

of the tee fittings of the spoiler bleed nipples. Investigation

revealed that these failures were due to fatigue induced by pressure

pulses resulting from air in the spoiler system. This condition, if not

corrected, could result in the failure of the tee fitting and

subsequent loss of the main system hydraulics.

Jetstream has issued Service Bulletin J41-29-001, dated August 12,

1994, and Jetstream Service Bulletin J41-29-001, Revision 1, dated

August 30, 1994, which describe procedures for modification of the

spoiler system. This modification involves the installation of new

bleed point fittings, hydraulic pipes, bleed nipple fittings, and hose

assemblies. This modification also involves flushing, filling,

bleeding, and functionally testing the left and right spoiler systems.

This modification will make it easier to bleed (purge air from) the

spoiler system. The CAA classified this service bulletin as mandatory.

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, and determined

that AD action is necessary for products of this type design that are

certificated for operation in the United States.

Since an unsafe condition has been identified that is likely to

exist or develop on other airplanes of the same type design registered

in the United States, the proposed AD would require modification of the

spoiler system. The actions would be required to be accomplished in

accordance with the service bulletin described previously.

As a result of recent communications with the Air Transport

Association (ATA) of America, the FAA has learned that, in general,

some operators may misunderstand the legal effect of AD's on airplanes

that are identified in the applicability provision of the AD, but that

have been altered or repaired in the area addressed by the AD. The FAA

points out that all airplanes identified in the applicability provision

of an AD are legally subject to the AD. If an airplane has been altered

or repaired in the affected area in such a way as to affect compliance

with the AD, the owner or operator is required to obtain FAA approval

for an alternative method of compliance with the AD, in accordance with

the paragraph of each AD that provides for such approvals. A note has

been included in this notice to clarify this requirement.

The FAA estimates that 14 airplanes of U.S. registry would be

affected by this proposed AD, that it would take approximately 7 work

hours per airplane to accomplish the proposed actions, and that the

average labor rate is $60 per work hour. Required parts would be

supplied by the manufacturer at no cost to the operators. Based on

these figures, the total cost impact of the proposed AD on U.S.

operators is estimated to be $5,880, or $420 per airplane.

The total 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.

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. 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 the following new

airworthiness directive:

Jetstream Aircraft Limited: Docket 94-NM-169-AD.

Applicability: Model 4101 airplanes on which Jetstream

Modification JM41290B (reference Jetstream Service Bulletin J41-29-

001) has not been installed, 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 (b) 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 as indicated, unless accomplished

previously.

To prevent failure of the tee fittings and subsequent loss of

the main system hydraulics, accomplish the following:

(a) Within 4 months after the effective date of this AD, modify

the spoiler system in accordance with Jetstream Service Bulletin

J41-29-001, dated August 12, 1994, or Revision 1, dated August 30,

1994.

(b) 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 2: Information concerning the existence of approved

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

obtained from the Standardization Branch, ANM-113.

(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.

Issued in Renton, Washington, on December 12, 1994.

Darrell M. Pederson,

Acting Manager, Transport Airplane Directorate, Aircraft Certification

Service.

[FR Doc. 94-30944 Filed 12-15-94; 8:45 am]

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