[Federal Register Volume 63, Number 134 (Tuesday, July 14, 1998)]
[Proposed Rules]
[Pages 37793-37795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18646]


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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. 63, No. 134 / Tuesday, July 14, 1998 / 
Proposed Rules

[[Page 37793]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-152-AD]
RIN 2120-AA64


Airworthiness Directives; British Aerospace (Jetstream) Model 
4101 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the supersedure of an existing 
airworthiness directive (AD), applicable to certain British Aerospace 
(Jetstream) Model 4101 airplanes, that currently requires an inspection 
to determine the data on the label of certain hose assemblies, and 
replacement of all hose assemblies from any discrepant batch with 
certain new hose assemblies. That AD was prompted by a report of the 
failure of a hose assembly in the fire extinguisher system of the 
engine nacelle due to cracks, caused during manufacture of the hose 
assemblies, in the swaged ferrule that attaches the hose to the end 
fitting. The actions specified by that AD are intended to ensure that 
such discrepant hose assemblies are replaced. Discrepant hose 
assemblies could fail and consequently prevent the proper distribution 
of fire extinguishing agent within the engine nacelle in the event of a 
fire. This action would require a one-time inspection for different 
data on the label of certain hose assemblies, and replacement of all 
hose assemblies from any discrepant batch with certain new hose 
assemblies. This action also would add airplanes to the applicability 
of the existing AD.

DATES: Comments must be received by August 13, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-152-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: Norman B. Martenson, Manager, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2110; 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 98-NM-152-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-114, Attention: Rules 
Docket No. 98-NM-152-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On July 9, 1997, the FAA issued AD 97-15-05, amendment 39-10078 (62 
FR 38015, July 16, 1997), applicable to certain British Aerospace 
(Jetstream) Model 4101 airplanes, to require an inspection to determine 
the data on the label of certain hose assemblies, and replacement of 
all hose assemblies from any discrepant batch with certain new hose 
assemblies. That action was prompted by a report of the failure of a 
hose assembly in the fire extinguisher system of the engine nacelle on 
several in-service airplanes. Investigation revealed that the cause of 
such a failure was attributed to cracks in the swaged ferrule that 
attaches the hose to the end fitting. These cracks were apparently 
caused during the manufacture of two batches of hose assemblies. The 
labels of the failed hoses specified the following information: British 
Aerospace Regional Aircraft (BARA) part number 14191001-56 Issue F, the 
hose manufacturer (ICORE) part number YA006769 Issue 2, and batch 
number 9308-W038912 or batch number 9311-W040935. The requirements of 
that AD are intended to ensure that all hoses from the two discrepant 
batches are replaced. Discrepant hose assemblies could fail and 
consequently prevent the proper distribution of fire extinguishing 
agent within the engine nacelle in the event of a fire.

Actions Since Issuance of Previous Rule

    Since issuance of that AD, the FAA has received another report of 
failure of a hose assembly in the fire extinguisher system of the 
engine nacelle on an in-service airplane. Although the label of that 
discrepant hose specified an ICORE part number and batch number 
identical to those of the previously described discrepant hoses, the 
BARA part number was specified as 14191001-56 Issue 3. Further 
investigation has revealed that BARA part number 14191001-56 may have 
any alpha or numeric Issue identifier.
    Therefore, the inspection required by AD 97-15-05 may have failed 
to

[[Page 37794]]

identify all hose assemblies manufactured in the discrepant batches. In 
light of this, the FAA has determined that it is necessary to repeat 
the inspection required by AD 97-15-05 and look for different data on 
the labels of the hose assemblies.

Explanation of Relevant Service Information

    The manufacturer has issued Jetstream Alert Service Bulletin J41-
A26-007, Revision 1, dated May 21, 1997. The inspection and replacement 
procedures described in this alert service bulletin are essentially 
identical to those described in the original issue of the alert service 
bulletin, dated December 13, 1996 (which was referenced in AD 97-15-05 
as the appropriate source of service information). However, Revision 1 
of the alert service bulletin clarifies the data on the label of the 
discrepant batches of hose assemblies to enable operators to correctly 
identify the discrepant parts. In addition, this revision to the alert 
service bulletin adds four airplanes that also are subject to the 
addressed unsafe condition. Accomplishment of the actions specified in 
the alert service bulletin is intended to adequately address the 
identified unsafe condition. The Civil Aviation Authority (CAA), which 
is the airworthiness authority for the United Kingdom, classified this 
alert service bulletin as mandatory in order to assure the continued 
airworthiness of these airplanes in the United Kingdom.

FAA's Conclusions

    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 Civil Aviation Authority 
(CAA), which is the airworthiness authority for the United Kingdom, 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 type design registered 
in the United States, the proposed AD would supersede AD 97-15-05 to 
require a one-time inspection to determine the data on the label of 
certain hose assemblies, and replacement of all hose assemblies from 
any discrepant batch with certain new hose assemblies. The proposed AD 
also would add airplanes to the applicability of the existing AD. The 
actions would be required to be accomplished in accordance with the 
alert service bulletin described previously.

Cost Impact

    There are approximately 57 airplanes of U.S. registry that would be 
affected by this proposed AD.
    The new inspection that is proposed in this AD would take 
approximately 1 work hour per airplane to accomplish, at an average 
labor rate of $60 per work hour. Based on these figures, the cost 
impact of the inspection proposed by this AD on U.S. operators is 
estimated to be $3,420, or $60 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the current or 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 removing amendment 39-10078 (62 FR 
38015, July 16, 1997), and by adding a new airworthiness directive 
(AD), to read as follows:

British Aerospace Regional Aircraft [Formerly Jetstream Aircraft 
Limited; British Aerospace (Commercial Aircraft) Limited]: Docket 
98-NM-152-AD. Supersedes AD 97-15-05, Amendment 39-10078.

    Applicability: Model Jetstream 4101 airplanes, constructors 
numbers 41004 through 41100 inclusive; 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 prevent failure of hose assemblies, which could prevent the 
proper distribution of fire extinguishing agent within the engine 
nacelle in the event of a fire, accomplish the following:
    (a) Within 30 days after the effective date of this AD, perform 
a one-time detailed visual inspection to determine the data on the 
label of the two hose assemblies having part number 14191001-56, in 
accordance with Jetstream Alert Service Bulletin J41-A26-007, 
Revision 1, dated May 21, 1997.
    (1) If the data on any hose assembly are not identical to the 
data shown on either Label 1 or Label 2 of Figure 2 of the 
Accomplishment Instructions of the alert service bulletin, no 
further action is required by this AD.
    (2) If the data on any hose assembly are identical to the data 
shown on either Label 1 or Label 2 of Figure 2 of the Accomplishment 
Instructions of the alert service bulletin, prior to the 
accumulation of

[[Page 37795]]

60 flight hours following accomplishment of the inspection required 
by paragraph (a) of this AD, replace the hose assembly with a new 
hose assembly that has different data on the identification label, 
in accordance with the alert service bulletin.
    (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, International Branch, ANM-116, 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, International 
Branch, ANM-116.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

    (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 July 7, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-18646 Filed 7-13-98; 8:45 am]
BILLING CODE 4910-13-P