[Federal Register Volume 62, Number 161 (Wednesday, August 20, 1997)]
[Proposed Rules]
[Pages 44244-44245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21983]


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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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Federal Register / Vol. 62, No. 161 / Wednesday, August 20, 1997 / 
Proposed Rules

[[Page 44244]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-NM-104-AD]
RIN 2120-AA64


Airworthiness Directives; British Aerospace BAe Model ATP 
Airplanes and Model HS 748 Series 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 British Aerospace BAe 
Model ATP airplanes and all Model HS 748 series airplanes. This 
proposal would require inspection of the main hydraulic accumulator for 
corrosion, and corrective actions, if necessary. This proposal is 
prompted by issuance of mandatory continuing airworthiness information 
by a foreign civil airworthiness authority. The actions specified by 
the proposed AD are intended to detect and correct such corrosion, 
which could result in loss of certain hydraulic system functions, 
including nose wheel steering, hydraulic lowering of the landing gear, 
and main wheel brakes, which are essential for safe operation of the 
airplane.

DATES: Comments must be received by September 29, 1997.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 97-NM-104-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 AI(R) American Support, Inc., 13850 Mclearen Road, 
Herndon, Virginia 20171. 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 (425) 
227-2148; fax (425) 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 97-NM-104-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. 97-NM-104-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The Civil Aviation Authority (CAA), which is the airworthiness 
authority for the United Kingdom, advises that extensive corrosion of 
the cylinder tube of the main hydraulic accumulator was found on 
certain British Aerospace BAe Model ATP airplanes and all Model HS 748 
series airplanes. Such corrosion, if not detected and corrected in a 
timely manner, could result in loss of certain hydraulic system 
functions, including nose wheel steering, hydraulic lowering of the 
landing gear, and main wheel brakes, which are essential for safe 
operation of the airplane.

Explanation of Relevant Service Information

    The manufacturer has issued Service Bulletin ATP-29-15, dated 
February 25, 1997; and HS748-29-49, dated February 25, 1997; which 
describe procedures for inspection of the main hydraulic accumulator 
for corrosion; and removal of any light surface corrosion found, 
application of protective treatment and restoration of the paint 
finish, or replacement of the accumulator, if necessary. The CAA 
classified these service bulletin as mandatory and issued British 
airworthiness directives 004-02-97, dated February 25, 1997, and 005-
02-97, dated February 7, 1997, in order to assure the continued 
airworthiness of these airplanes in the United Kingdom.

FAA's Conclusions

    These airplane models are manufactured in the United Kingdom and 
are 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.

Explanation of Requirements of Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same

[[Page 44245]]

type design registered in the United States, the proposed AD would 
require accomplishment of the actions specified in the service 
bulletins described previously.

Cost Impact

    The FAA estimates that 10 British Aerospace BAe Model ATP airplanes 
of U.S. registry would be affected by this proposed AD, that it would 
take approximately 1 work hour 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 $600, or $60 per airplane.
    Currently, there are no British Aerospace Model HS 748 series 
airplanes on the U.S. Register. However, should an affected airplane be 
imported and placed on the U.S. Register in the future, it would 
require approximately 1 work hour to accomplish the proposed actions, 
at an average labor rate of $60 per work hour. Based on these figures, 
the cost impact of the proposed AD would be $60 per airplane.
    The cost impact figures discussed above are 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:

British Aerospace Regional Jet [Formerly Jetstream Aircraft Limited, 
British Aerospace (Commercial Aircraft) Limited]: Docket 97-NM-104-
AD.

    Applicability: Model BAe ATP airplanes having constructor's 
numbers 2002 through 2063 inclusive; and all Model HS 748 series 
airplanes; 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 (b) 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 detect and correct corrosion of the cylinder tube of the main 
hydraulic accumulator, which could result in loss of certain 
hydraulic system functions that are essential for safe operation of 
the airplane, accomplish the following:
    (a) Within 30 days after the effective date of this AD, perform 
an inspection of the main hydraulic accumulator for corrosion, in 
accordance with British Aerospace Service Bulletin ATP-29-15, dated 
February 25, 1997; or HS748-29-49, dated February 25, 1997; as 
applicable. If any discrepancy is found, prior to further flight, 
accomplish the applicable corrective actions specified in the 
service bulletins.
    (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 
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.

    Issued in Renton, Washington, on August 13, 1997.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 97-21983 Filed 8-19-97; 8:45 am]
BILLING CODE 4910-13-U