[Federal Register Volume 60, Number 41 (Thursday, March 2, 1995)]
[Proposed Rules]
[Pages 11635-11636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5121]



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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. 60, No. 41 / Thursday, March 2, 1995 / 
Proposed Rules
[[Page 11635]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95-CE-12-AD]


Airworthiness Directives; Jetstream Aircraft Limited HP137 Mk1 
and 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 Jetstream Aircraft Limited (JAL) HP137 Mk1 and 
series 200 airplanes. The proposed action would require incorporating 
operating limitations that revise the maximum flap operating speed for 
DOWN flaps to 120 KIAS, and that prohibit extending the flaps beyond 
the take-off position if ice is visible on the airplane. An incident 
where an airplane of similar type design to that of the affected 
airplanes experienced sudden pitch down because of the accretion of 
over one-inch of ice prompted the proposed action. The actions 
specified in this proposed AD are intended to prevent sudden pitch down 
of the airplane during icing conditions, which could lead to loss of 
control of the airplane.

DATES: Comments must be received on or before May 15, 1995.

ADDRESSES: Submit comments in triplicate to the FAA, Central Region, 
Office of the Assistant Chief Counsel, Attention: Rules Docket No. 95-
CE-12-AD, Room 1558, 601 E 12th Street, 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 Jetstream Aircraft Limited, Manager Product Support, Prestwick 
Airport, Ayrshire, KA9 2RW Scotland; telephone (44-292) 79888; 
facsimile (44-292) 79703; or Jetstream Aircraft Inc., Librarian, P.O. 
Box 16029, Dulles International Airport, Washington, DC 20041-6029; 
telephone (703) 406-1161; facsimile (703) 406-1469. This information 
also may be examined at the Rules Docket at the address above.

FOR FURTHER INFORMATION CONTACT: Mr. Raymond A. Stoer, Program Officer, 
Brussels Aircraft Certification Office, FAA, Europe, Africa, and Middle 
East Office, c/o American Embassy, B-1000 Brussels, Belgium; telephone 
(322) 513.3830; facsimile (322) 230.6899; or Mr. John P. Dow, Sr., 
Project Officer, Small Airplane Directorate, Airplane Certification 
Service, FAA, 1201 Walnut, suite 900, Kansas City, Missouri 64106; 
telephone (816) 426-6932; facsimile (816) 426-2169.

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 should 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 that summarizes 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 No. 95-CE-12-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, Central Region, Office of the Assistant Chief Counsel, 
Attention: Rules Docket No. 95-CE-12-AD, Room 1558, 601 E. 12th Street, 
Kansas City, Missouri 64106.
    Discussion: An incident involving a JAL Model 3101 airplane 
prompted the FAA to issue the following AD's on the Model 3101 
airplanes:
    <bullet> AD 91-08-01: required revising the maximum speed for flaps 
at 50 degrees from 153/149 KIAS to 130 KIAS; and limiting the maximum 
flap extension to 20 degrees anytime ice is present on the airplane 
until it was superseded by AD 95-02-06; and
    <bullet> AD 95-02-06: requires incorporating the 35-degree flap 
system modification as terminating action for the flap speed and flap 
extension limitations required by AD 91-08-01.
    The JAL HP137 Mk1 and Jetstream series 200 airplanes are of a 
similar type design to the Jetstream Model 3101 airplanes. The FAA has 
determined that action similar to the flap speed and flap extension 
limitations required on the Model 3101 airplanes by AD 91-08-01 should 
be taken on the JAL HP137 Mk1 and Jetstream series 200 airplanes.
    JAL has issued Jetstream Service Bulletin (SB) 27-A-JA 911044, 
dated January 31, 1992, which specifies changes in operational 
procedures for landing in icing conditions for JAL HP137 Mk1 and 
Jetstream series 200 airplanes.
    In order to assure the continued airworthiness of these airplanes 
in the United Kingdom, the Civil Aviation Authority (CAA), which is the 
airworthiness authority for the United Kingdom, classified Jetstream SB 
27-A-JA 911044, dated January 31, 1992, as mandatory. The CAA 
classifying a service document as mandatory is the same for airplanes 
registered in the United Kingdom as the FAA issuing an AD for airplanes 
registered in the United States.
    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 
[[Page 11636]] 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 in other JAL HP137 Mk1 and Jetstream series 200 
airplanes of the same type design, the proposed AD would require 
incorporating operating limitations that revise the maximum flap 
operating speed for DOWN flaps to 120 KIAS, and that prohibit extending 
the flaps beyond the take-off position if ice is visible on the 
airplane. The proposed actions would be accomplished in accordance with 
Jetstream SB 27-A-JA 911044, dated January 31, 1992.
    The FAA estimates that 10 airplanes in the U.S. registry would be 
affected by the proposed AD, that it would take approximately 1 
workhour per airplane to accomplish the proposed action, and that the 
average labor rate is approximately $60 an hour. Parts (placards 
fabricated from local resources) cost approximately $30 per airplane. 
Based on these figures, the total cost impact of the proposed AD on 
U.S. operators is estimated to be $900. This figure is based on the 
assumption that no affected airplane owner/operator has incorporated 
the proposed limitations.
    All 10 of the affected airplanes are HP137 Mk1's; there are no 
Jetstream series 200 airplanes registered in the United States, but 
they are type certificated for operation in the United States. 
According to FAA records, none of these HP137 Mk1 airplanes are in 
operation. Since there are no airplanes currently in operation, the 
cost impact of the proposed AD would be narrowed to only those owners/
operators returning their airplane to operation.
    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 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. 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 a new AD to read as follows:

Jetstream Aircraft Limited: Docket No. 95-CE-12-AD.

    Applicability: HP137 Mk1 and Jetstream Series 200 airplanes (all 
serial numbers), 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 (d) of this AD 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 aircraft from the applicability of this AD.

    Compliance: Required within the next 100 hours time-in-service 
after the effective date of this AD, unless already accomplished.
    To prevent sudden pitch down of the airplane during icing 
conditions, which could lead to loss of control of the airplane, 
accomplish the following:
    (a) Modify the operating limitations placards located on the 
flight deck in accordance with the ACCOMPLISHMENT INSTRUCTIONS 
section of Jetstream Service Bulletin (SB) No. 27-A-JA 911044, dated 
January 31, 1992. This modification limits the maximum flap 
operating speed for DOWN flaps to 120 indicated airspeed (KIAS). 
Insert a copy of this AD into the Limitations section of the 
applicable airplane flight manual (AFM).
    (b) Fabricate a placard with the words ``Do not extend the flaps 
beyond the take-off position if ice is visible on the aircraft. 
Ensure the landing gear selector is down prior to landing.'' Install 
this placard on the airplane's instrument panel within the pilot's 
clear view. Insert a copy of paragraph B. Instructions for Aircraft 
Operations of the Accomplishment Instructions section of Jetstream 
SB 27-A-JA 911044, dated January 31, 1992, into the Limitations 
section of the AFM.

    Note 2: Parts of the airplane where ice could specifically be 
visible include the windshield wipers, center windshield, propeller 
spinners, or inboard wing leading edges.

    (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 airplanes to a location where the 
requirements of this AD can be accomplished.
    (d) An alternative method of compliance or adjustment of the 
initial and repetitive compliance times that provides an equivalent 
level of safety may be approved by the Manager, Brussels Aircraft 
Certification Office (ACO), Europe, Africa, Middle East office, FAA, 
c/o American Embassy, B-1000, Brussels, Belgium. The request should 
be forwarded through an appropriate FAA Maintenance Inspector, who 
may add comments and then send it to the Manager, Brussels ACO.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Brussels ACO.

    (e) All persons affected by this directive may obtain copies of 
the documents referred to herein upon request to Jetstream Aircraft 
Limited, Manager Product Support, Prestwick Airport, Ayrshire, KA9 
2RW Scotland; or Jetstream Aircraft Inc., Librarian, P.O. Box 16029, 
Dulles International Airport, Washington, DC 20041-6029; or may 
examine these documents at the FAA, Central Region, Office of the 
Assistant Chief Counsel, Room 1558, 601 E. 12th Street, Kansas City, 
Missouri 64106.

    Issued in Kansas City, Missouri, on February 24, 1995.
Barry D. Clements,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 95-5121 Filed 3-1-95; 8:45 am]
BILLING CODE 4910-13-U