[Federal Register Volume 65, Number 187 (Tuesday, September 26, 2000)]
[Proposed Rules]
[Pages 57748-57751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24627]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-CE-73-AD]
RIN 2120-AA64


Airworthiness Directives; British Aerospace HP137 Mk1 and 
Jetstream Series 200 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 all British Aerospace HP137 Mk1 and Jetstream 
series 200 airplanes. The proposed AD would require you to inspect the 
vertical stabilizer skin for disbonding, corrosion, cracks, and loose 
rivets, and repair any vertical stabilizer skin where discrepancies are 
found. 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 failure of the vertical stabilizer caused by 
disbonding, corrosion, cracks, or loose rivets in the stabilizer skin. 
Such failure could lead to aircraft controllability problems.

DATES: The Federal Aviation Administration (FAA) must receive any 
comments on this proposed rule on or before October 27, 2000.

ADDRESSES: Submit comments in triplicate to FAA, Central Region, Office 
of the Regional Counsel, Attention: Rules Docket No. 99-CE-73-AD, 901 
Locust, Room 506, 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,

[[Page 57749]]

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, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas 
City, Missouri 64106; telephone: (816) 329-4145; facsimile: (816) 329-
4090.

SUPPLEMENTARY INFORMATION:

Comments Invited

    How do I comment on the 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 rule's docket number and 
submit your comments in triplicate to the address specified under the 
caption ADDRESSES. The FAA will consider all comments received on or 
before the closing date. We may amend the proposed rule in light of 
comments received. Factual information that supports your ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
proposed AD action and determining whether we need to take additional 
rulemaking action.
    Are there any specific portions of the proposed AD I should pay 
attention to? The FAA specifically invites comments on the overall 
regulatory, economic, environmental, and energy aspects of the proposed 
rule that might suggest a need to modify the rule. You may examine 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 FAA contact with the public that concerns the 
substantive parts of the proposed AD.
    We are re-examining the writing style we currently use in 
regulatory documents, in response to the Presidential memorandum of 
June 1, 1998. That memorandum requires federal agencies to communicate 
more clearly with the public. We are interested in your comments on 
whether the style of this document is clearer, and any other 
suggestions you might have to improve the clarity of FAA communications 
that affect you. You can get more information about the Presidential 
memorandum and the plain language initiative at http://www.plainlanguage.gov. 
    How can I be sure FAA receives my comment? If you want us to 
acknowledge the receipt of your comments, you must include a self-
addressed, stamped postcard. On the postcard, write ``Comments to 
Docket No. 99-CE-73-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 the FAA that an unsafe condition may exist 
on all British Aerospace HP137 Mk1 and Jetstream series 200 airplanes. 
The CAA reports instances of delamination and corrosion of the vertical 
stabilizer skin. Such damage resulted in cracks around the rivet holes.
    What are the consequences if the condition is not corrected? If not 
detected and corrected, a damaged vertical stabilizer skin could lead 
to failure of the vertical stabilizer with consequent airplane 
controllability problems.
    Is there service information that applies to this subject? British 
Aerospace has issued Jetstream Alert Service Bulletin 55-A-JA-990640, 
Issued: September 1, 1999.
    What are the provisions of this service bulletin? This service 
bulletin:
    <bullet> Includes procedures for inspecting the vertical stabilizer 
skin for disbonding, corrosion, cracks, and loose rivets; and
    <bullet> Specifies repairing any vertical stabilizer skin where 
discrepancies are found in accordance with the procedures in the 
maintenance manual or an FAA-approved repair scheme.
    What action did the CAA take? 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.
    Was this in accordance with the bilateral airworthiness agreement? 
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 FAA 
informed of the situation described above.

The FAA's Determination and an Explanation of the Provisions of the 
Proposed AD

    What has FAA decided? The FAA has examined the findings of the CAA; 
reviewed all available information, including the service information 
referenced above; and determined that:
    <bullet> The unsafe condition referenced in this document exists or 
could develop on other British Aerospace HP137 Mk1 and Jetstream series 
200 airplanes of the same type design;
    <bullet> The actions specified in the previously-referenced service 
information should be accomplished on the affected airplanes, except 
for reporting any discrepancies to British Aerospace; and
    <bullet> AD action should be taken in order to correct this unsafe 
condition.
    What does the proposed AD require? This proposed AD would require 
you to inspect the vertical stabilizer skin for disbonding, corrosion, 
cracks, and loose rivets, and repair any vertical stabilizer skin where 
discrepancies are found.
    Are there differences between the proposed AD and the Service 
Bulletin? British Aerospace Jetstream Alert Service Bulletin 55-A-JA-
990640, Issued: September 1, 1999, specifies reporting the results of 
the inspections to British Aerospace Regional Aircraft. This NPRM does 
not specify this action. The FAA recommends that each owner/operator 
submit this information and we are including a note in the proposed AD 
to communicate this. British Aerospace and the British CAA will use 
this information to determine whether repetitive inspections are 
necessary, and, if so, at what intervals.
    The FAA will evaluate the information from the British CAA and may 
initiate further rulemaking action to propose a repetitive inspection 
requirement.

Cost Impact

    How many airplanes does the proposed AD impact? We estimate that 
the proposed AD affects 85 airplanes in the U.S. registry.
    What is the cost impact of the proposed AD on owners/operators of 
the affected airplanes? We estimate the following costs to accomplish 
the proposed inspection:

[[Page 57750]]



----------------------------------------------------------------------------------------------------------------
                                                                                                      Total cost
                                                                                                       on U.S.
                Labor cost                          Parts cost            Total cost  per airplane     airplane
                                                                                                      operators
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5 workhours  x  $60 per hour = $300......  No parts required..........  $300 per airplane..........      $25,500
----------------------------------------------------------------------------------------------------------------

Regulatory Impact

    Does 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.
    Does 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, 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. 99-CE-73-AD

    (a) What airplanes are affected by this AD? This AD affects 
HP137 Mk1 and Jetstream series 200 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 above airplanes on the U.S. Register must comply with 
this AD.
    (c) What problem does this AD address? The actions specified by 
this AD are intended to prevent failure of the vertical stabilizer 
caused by disbonding, corrosion, cracks, or loose rivets in the 
stabilizer skin. Such failure could lead to aircraft controllability 
problems.
    (d) What actions must I accomplish to address this problem? To 
address this problem, you must accomplish the following:

------------------------------------------------------------------------
            Action               Compliance time         Procedures
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(1) Inspect the right and left  Within the next    In accordance with
 hand side of the vertical       60 calendar days   the ACCOMPLISHMENT
 stabilizer skin for             after the          INSTRUCTIONS section
 disbonding, corrosion,          effective date     of British Aerospace
 cracks, and loose rivets.       of this AD,        Jetstream Alter
                                 unless already     Service Bulletin 55-
                                 accomplished.      A-JA-990640, Issued:
                                                    September 1, 1999.
(2) Repair any vertical         Prior to further   (i) If the
 stabilizer skin where a         flight after the   discrepancies are
 discrepancy is found.           inspection.        within the limits
                                                    specified in the
                                                    maintenance manual:
                                                    Use the procedures
                                                    in the maintenance
                                                    manual; or
                                                   (ii) If the
                                                    discrepancies are
                                                    outside the limits
                                                    specified in the
                                                    maintenance manual:
                                                    Use an FAA-approved
                                                    repair scheme
                                                    obtained from
                                                    British Aerospace at
                                                    the address
                                                    specified in
                                                    paragraph (h) of
                                                    this AD.
------------------------------------------------------------------------


    Note 1: British Aerospace Jetstream Alert Service Bulletin 55-A-
JA-990640, Issued: September 1, 1999, specifies reporting the 
results of the inspections to British Aerospace Regional Aircraft. 
The FAA highly recommends that each owner/operator submit this 
information. British Aerospace and the British CAA will use this 
information to determine whether repetitive inspections are 
necessary, and, if so, at what intervals. The FAA will evaluate the 
information from the British CAA and may initiate further rulemaking 
action to propose a repetitive inspection requirement.


    (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, 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, Small Airplane Directorate.


    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 Mr. S.M. Nagarajan, 
Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, 
Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4145; 
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 obtain copies of the documents referenced in this AD from 
British Aerospace Regional Aircraft, Prestwick International 
Airport, Ayrshire, KA9 2RW, Scotland. You may examine 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 Alert Service Bulletin 55-A-JA-990640, Issued: September 
1, 1999. This service bulletin is classified as

[[Page 57751]]

mandatory by the United Kingdom Civil Aviation Authority (CAA).


    Issued in Kansas City, Missouri, on September 18, 2000.
Marvin R. Nuss,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-24627 Filed 9-25-00; 8:45 am]
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