[Federal Register Volume 63, Number 113 (Friday, June 12, 1998)]
[Rules and Regulations]
[Pages 32121-32123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15499]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-CE-54-AD; Amendment 39-10584; AD 98-12-31]
RIN 2120-AA64


Airworthiness Directives; British Aerospace Jetstream Model 3101 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to certain British Aerospace Jetstream Model 3101 airplanes. 
This AD requires repositioning the fuel cross feed pipes in the lower 
center fuselage to give an overall clearance of 2 inches when measuring 
from the bottom of Frame Station 223. This AD is the result of 
mandatory continuing airworthiness information (MCAI) issued by the 
airworthiness authority for the United Kingdom. The actions specified 
in this AD are intended to prevent the fuel pipe from fracturing during 
a wheels up landing because of the positioning of the fuel cross feed 
pipes, which could result in an airplane fire.


[[Page 32122]]


DATES: Effective September 10, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of September 10, 1998.
    Comments for inclusion in the Rules Docket must be received on or 
before July 17, 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-54-AD, Room 1558, 601 E. 12th Street, 
Kansas City, Missouri 64106.
    Service information that applies to this AD may be obtained from 
British Aerospace Regional Aircraft, Prestwick International Airport, 
Ayrshire, KA9 2RW, Scotland; telephone: (01292) 479888; facsimile: 
(01292) 479703. This information may also be examined at the Federal 
Aviation Administration (FAA), Central Region, Office of the Regional 
Counsel, Attention: Rules Docket No. 98-CE-54-AD, Room 1558, 601 E. 
12th Street, Kansas City, Missouri 64106; or at the Office of the 
Federal Register, 800 North Capitol Street, NW, suite 700, Washington, 
DC.

FOR FURTHER INFORMATION CONTACT: Mr. S.M. Nagarajan, Aerospace 
Engineer, FAA, Small Airplane Directorate, Aircraft Certification 
Service, 1201 Walnut, suite 900, Kansas City, Missouri 64106; 
telephone: (816) 426-6934; facsimile: (816) 426-2169.

SUPPLEMENTARY INFORMATION:

Events Leading to the Issuance of This AD

    The Civil Aviation Authority (CAA), which is the airworthiness 
authority for the United Kingdom, notified the FAA that an unsafe 
condition may exist on certain British Aerospace Jetstream Model 3101 
airplanes. The CAA reports that current positioning of the fuel cross 
feed pipes in the lower center fuselage could present a problem in the 
event of a wheels-up landing. A clearance of 2 inches measured from the 
bottom of Frame Station 223 is necessary to assure adequate 
crashworthiness of the airplane. Under the current configuration, this 
clearance is not present.
    This condition, if not corrected, could result in the fuel pipe 
fracturing during a wheels up landing and could lead to an airplane 
fire.

Relevant Service Information

    British Aerospace has issued Jetstream Service Bulletin 28-JM 7161, 
dated December 19, 1983, which specifies procedures for repositioning 
the fuel cross feed pipes in the lower center fuselage to give an 
overall clearance of 2 inches when measured from the bottom of Frame 
Station 223.
    The Civil Aviation Authority (CAA), which is the airworthiness 
authority for the United Kingdom, 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 in the United Kingdom is the same 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 This AD

    Since an unsafe condition has been identified that is likely to 
exist or develop in other British Aerospace Jetstream Model 3101 
airplanes of the same type design registered in the United States, the 
FAA is issuing an AD. This AD requires repositioning the fuel cross 
feed pipes in the lower center fuselage to give an overall clearance of 
2 inches when measured from the bottom of Frame Station 223. 
Accomplishment of the actions of this AD would be required in 
accordance with the previously referenced service bulletin.

Cost Impact

    The FAA estimates that 2 airplanes in the U.S. registry will be 
affected by this AD, that it will take approximately 20 workhours per 
airplane to accomplish the required action, and that the average labor 
rate is approximately $60 per work hour. Based on these figures, the 
total cost impact of this AD on U.S. operators is estimated to be 
$2,400, or $1,200 per airplane.

The Direct Final Rule Procedure

    The FAA anticipates that this regulation will not result in adverse 
or negative comment and therefore is issuing it as a direct final rule. 
The requirements of this direct final rule address an unsafe condition 
identified by a foreign civil airworthiness authority and do not impose 
a significant burden on affected operators. In accordance with Section 
11.17 of the Federal Aviation Regulations (14 CFR 11.17) unless a 
written adverse or negative comment, or a written notice of intent to 
submit an adverse or negative comment, is received within the comment 
period, the regulation will become effective on the date specified 
above. After the close of the comment period, the FAA will publish a 
document in the Federal Register indicating that no adverse or negative 
comments were received and confirming the date on which the final rule 
will become effective. If the FAA does receive, within the comment 
period, a written adverse or negative comment, or written notice of 
intent to submit such a comment, a document withdrawing the direct 
final rule will be published in the Federal Register, and a notice of 
proposed rulemaking may be published with a new comment period.

Comments Invited

    Although this action is in the form of a final rule and was not 
preceded by notice and an opportunity for public comment, comments are 
invited on this rule. Interested persons are invited to comment on this 
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 under the caption 
ADDRESSES. All communications received on or before the closing date 
for comments will be considered, and this rule may be amended in light 
of the comments received. Factual information that supports the 
commenter's ideas and suggestions is extremely helpful in evaluating 
the effectiveness of the AD action and determining whether additional 
rulemaking action would be needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the 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 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must

[[Page 32123]]

submit a self-addressed, stamped postcard on which the following 
statement is made: ``Comments to Docket No. 98-CE-54-AD.'' The postcard 
will be date stamped and returned to the commenter.

Regulatory Impact

    The regulations adopted herein will 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 final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    The FAA has determined that this regulation is noncontroversial and 
unlikely to result in adverse or negative comments. For reasons 
discussed in the preamble, I certify that this regulation (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) 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 final 
evaluation has been prepared for this action and is contained in the 
Rules Docket. A copy of it may be obtained from the Rules Docket at the 
location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends 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:

98-12-31  British Aerospace: Amendment 39-10584; Docket No. 98-CE-
54-AD.

    Applicability: Jetstream Model 3101 airplanes, serial numbers 
602 through 605, 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 100 hours time-in-service 
(TIS) after the effective date of this AD, unless already 
accomplished.
    To prevent the fuel pipe from fracturing during a wheels up 
landing because of the positioning of the fuel cross feed pipes, 
which could result in an airplane fire, accomplish the following:
    (a) Reposition the fuel cross feed pipes in the lower center 
fuselage to give an overall clearance of 2 inches when measured from 
the bottom of Frame Station 223. Accomplish this action in 
accordance with British Aerospace Jetstream Service Bulletin 28-JM 
7161, dated December 19, 1983.
    (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 
used if 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) The repositioning required by this AD shall be done in 
accordance with British Aerospace Jetstream Service Bulletin 28-JM 
7161, dated December 19, 1983. This incorporation by reference was 
approved by the Director of the Federal Register in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from 
British Aerospace Regional Aircraft, Prestwick International 
Airport, Ayrshire, KA9 2RW, Scotland. Copies may be inspected at the 
FAA, Central Region, Office of the Regional Counsel, Room 1558, 601 
E. 12th Street, Kansas City, Missouri, or at the Office of the 
Federal Register, 800 North Capitol Street, NW., suite 700, 
Washington, DC.

    Note 3: The subject of this AD is addressed in British Aerospace 
Jetstream Service Bulletin 28-JM 7161, dated December 19, 1983. The 
airworthiness authority for the United Kingdom classified this 
service bulletin as mandatory.

    (e) This amendment becomes effective on September 10, 1998.

    Issued in Kansas City, Missouri, on June 3, 1998.
Ronald K. Rathgeber,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-15499 Filed 6-11-98; 8:45 am]
BILLING CODE 4910-13-U