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.

Proposed Rules Federal Register

11635

Vol. 60, No. 41

Thursday, March 2, 1995

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).

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:

• 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

• 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
11636 Federal Register / Vol. 60, No. 41 / Thursday, March 2, 1995 / Proposed Rules

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.

§ 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