Federal Register / Vol. 60, No. 51 / Thursday, March 16, 1995 / Proposed Rules 14237

14 CFR Part 39

[Docket No. 95–NM–17–AD]

Airworthiness Directives; Jetstream

Model 4101 Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

adoption of a new airworthiness

directive (AD) that is applicable to

certain Jetstream Model 4101 airplanes.

This proposal would require

replacement of a certain pressure switch

with a certain new pressure switch in

the fuel system for the engines. This

proposal is prompted by a report

indicating that the current design of a

certain pressure switch in the fuel

system for the engines does not meet

current fire resistant properties, which

could result in the failure of the

pressure switch during a fire in the

engine compartment. The actions

specified by the proposed AD are

intended to prevent failure of the

existing pressure switch in the fuel

system for the engines, which, during an

engine fire, could result in fuel leakage

that could add fuel to the fire.

DATES: Comments must be received by

April 10, 1995.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 95–NM–

17–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

Jetstream Aircraft, Inc., P.O. Box 16029,

Dulles International Airport,

Washington, DC 20041–6029. This

information may be examined at the

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington.

FOR FURTHER INFORMATION CONTACT:

William Schroeder, Aerospace Engineer,

Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(206) 227–2148; fax (206) 227–1320.

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 95–NM–17–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–103, Attention: Rules Docket No.

95–NM–17–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

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 certain Jetstream Model 4101

airplanes. The CAA advises that, during

a design review of the fuel system, the

manufacturer determined that the

current design of the pressure switch

having part number (P/N) 1153P0073 in

the fuel system of the left and right

engine does not meet the fire resistant

properties, as required by section

25.1183 (a) of the Federal Aviation

Regulations (14 CFR 25.1183),

‘‘Flammable fluid-carrying

components.’’

If a fire in the engine compartment

occurred, the existing pressure switch in

the fuel system for the left and right

engine could fail. If the pressure switch

fails, fuel leakage could occur during an

engine fire, which could add fuel to the

fire.

Jetstream has issued Service Bulletin

J41–73–007, dated November 22, 1994,

which describes procedures for

replacement of the pressure switch

having P/N 1153P0073 with a new

pressure switch having P/N 1153P0094

in the fuel system for the left and right

engines. The new pressure switch has

been redesigned to meet the fire

resistance requirements of section

25.1183(a) of the Federal Aviation

Regulations [14 CFR 25.1183 (a)]. The

pressure switch provides a warning to

the flight crew if fuel filter blockage

begins to occur. The CAA classified this

service bulletin as mandatory in order to

assure the continued airworthiness of

these airplanes in the United Kingdom.

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, 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 on other airplanes of the same

type design registered in the United

States, the proposed AD would require

replacement of a certain pressure switch

with a certain new pressure switch in

the fuel system of the left and right

engine. The actions would be required

to be accomplished in accordance with

the service bulletin described

previously.

As a result of recent communications

with the Air Transport Association

(ATA) of America, the FAA has learned

that, in general, some operators may

misunderstand the legal effect of AD’s

on airplanes that are identified in the

applicability provision of the AD, but

that have been altered or repaired in the

area addressed by the AD. The FAA

points out that all airplanes identified in

the applicability provision of an AD are

legally subject to the AD. If an airplane

has been altered or repaired in the

affected area in such a way as to affect

compliance with the AD, the owner or

operator is required to obtain FAA

approval for an alternative method of

compliance with the AD, in accordance

with the paragraph of each AD that

provides for such approvals. A note has

been included in this notice to clarify

this long standing requirement.

The FAA estimates that 15 airplanes

of U.S. registry would be affected by this

proposed AD, that it would take
14238 Federal Register / Vol. 60, No. 51 / Thursday, March 16, 1995 / Proposed Rules

approximately 3 work hours per

airplane to accomplish the proposed

actions, and that the average labor rate

is $60 per work hour. Required parts

would be supplied by the manufacturer

at no cost to the operators. Based on

these figures, the total cost impact of the

proposed AD on U.S. operators is

estimated to be $2,700, or $180 per

airplane.

The total cost impact figure discussed

above is based on assumptions that no

operator has yet accomplished any of

the proposed requirements of this AD

action, and that no operator would

accomplish those actions in the future if

this AD were not adopted.

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. 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 the following new airworthiness

directive:

Jetstream Aircraft Limited: Docket 95–NM–

17–AD.

Applicability: Model 4101 airplanes,

constructors numbers 41004 through 41046

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 use the authority

provided in paragraph (c) 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 airplane from

the applicability of this AD.

Compliance: Required as indicated, unless

accomplished previously.

To prevent failure of the existing pressure

switch in the fuel system of the left and right

engine, which, during an engine fire, could

result in fuel leakage that could add fuel to

the fire, accomplish the following:

(a) Within 60 days after the effective date

of this AD, replace pressure switch having

part number (P/N) 1153P0073 with a new

pressure switch having P/N 1153P0094 in the

fuel system of the left and right engine, in

accordance with Jetstream Service Bulletin

J41–73–007, dated November 22, 1994.

(b) As of the effective date of this AD, no

person shall install a pressure switch, P/N

1153P0073, on any airplane.

(c) 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,

Standardization Branch, ANM–113, 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, Standardization

Branch, ANM–113.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Standardization Branch,

ANM–113.

(d) 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 March

10, 1995.

Neil D. Schalekamp,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–6469 Filed 3–15–95; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 71

[Airspace Docket No. 95–ASO–5]

Proposed Establishment of Class D

and E Airspace, Amendment to Class

D and E Airspace and Removal of

Class E Airspace; Marietta, GA

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: This notice proposes to

establish Class D airspace for Cobb

County-McCollum Field, amend the

Class D and E airspace for Dobbins ARB

(NAS Atlanta), and remove the Class E

surface area extension for Dobbins ARB

(NAS Atlanta) at Marietta, GA. This

proposed action would also establish

Class E airspace for Cobb CountyMcCollum Field when the control tower

is closed. Cobb County-McCollum Field

currently is included in the Dobbins

ARB (NAS Atlanta) Class D airspace

area. A non-federal tower has been

commissioned at Cobb CountyMcCollum Field which has a LOC RWY

27 Standard Instrument Procedure

(SIAP) and a VOR/DME or GPS RWY 9

SIAP. Class D and E airspace to the

surface is required to accommodate

these SIAPs and contain instrument

flight rule (IFR) operations at Cobb

County-McCollum Field. As a result of

this proposed action the Dobbins ARB

(NAS Atlanta) Class D and E airspace to

the surface would be reduced and the

Class E surface area extension would be

removed concurrent with the

establishment of the Class D and E

airspace area for Cobb CountyMcCollum Field. This amendment

would also make a technical correction

to the name and location of Atlanta

Dobbins AFB, GA. The correct name

and location is Dobbins ARB (NAS

Atlanta), Marietta, GA.

DATES: Comments must be received on

or before April 28, 1995.

ADDRESSES: Send comments on the

proposal in triplicate to: Federal

Aviation Administration, Docket No.

95–ASO–5 Manager, System

Management Branch, ASO–530, P.O.

Box 20636, Atlanta, Georgia 30320.

The official docket may be examined

in the Office of the Assistant Chief

Counsel for Southern Region, Room 550,