AD Amdt-39-10309

[Federal Register Volume 63, Number 25 (Friday, February 6, 1998)]
[Rules and Regulations]
[Pages 6064-6066]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 98-2822]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-NM-219-AD; Amendment 39-10309; AD 98-03-17]
RIN 2120-AA64


Airworthiness Directives; British Aerospace Model HS 748 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to all British Aerospace Model HS 748 series airplanes. This 
action requires repetitive inspections to detect discrepancies of the 
gust locks of the flight control system, re-rigging of the gust lock 
system; and corrective action, if necessary. This amendment is prompted 
by issuance of mandatory continuing airworthiness information by a 
foreign civil airworthiness authority. The actions specified in this AD 
are intended to detect and correct failure of the flight control gust 
lock system, which could result in reduced controllability of the 
airplane.

DATES: Effective February 23, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of February 23, 1998.
    Comments for inclusion in the Rules Docket must be received on or 
before March 9, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 97-NM-219-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056.
    The service information referenced in this AD 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; or at the 
Office of the Federal Register, 800 North Capitol Street, NW., suite 
700, Washington, DC.

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: The Civil Aviation Authority (CAA), which is 
the airworthiness authority for the United Kingdom, notified the FAA 
that an unsafe condition may exist on all British Aerospace Model HS 
748 series airplanes. The CAA advises that investigation of an incident 
revealed deficiencies in the rigging of the flight control gust lock 
system. These deficiencies, if not corrected, could result in failure 
of the gust lock system, and consequent reduced controllability of the 
airplane.

Explanation of Relevant Service Information

    The manufacturer has issued Jetstream Alert Service Bulletin HS748-
A27-128, dated December 20, 1996, which describes procedures for two 
types of repetitive inspections to detect discrepancies of the gust 
locks of the flight control system; re-rigging of the gust locks is 
included as part of the second inspection. The alert service bulletin 
also describes procedures for corrective actions, if necessary. The CAA 
classified this alert service bulletin as mandatory and issued British 
airworthiness directive 008-12-96 in order to assure the continued 
airworthiness of these airplanes in the United Kingdom.

[[Page 6065]]

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 
21.19) 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.

Explanation of Requirements of the 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, this AD requires accomplishment of the actions 
specified in the alert service bulletin described previously.

Cost Impact

    None of the Model HS 748 series airplanes affected by this action 
are on the U.S. Register. All airplanes included in the applicability 
of this rule currently are operated by non-U.S. operators under foreign 
registry; therefore, they are not directly affected by this AD action. 
However, the FAA considers that this rule is necessary to ensure that 
the unsafe condition is addressed in the event that any of these 
subject airplanes are imported and placed on the U.S. Register in the 
future.
    Should an affected airplane be imported and placed on the U.S. 
Register in the future, it would require approximately 32 work hours to 
accomplish the initial inspections, at an average labor rate of $60 per 
work hour. Based on these figures, the cost impact of this AD would be 
$1,920 per airplane, per inspection cycle.

Determination of Rule's Effective Date

    Since this AD action does not affect any airplane that is currently 
on the U.S. register, it has no adverse economic impact and imposes no 
additional burden on any person. Therefore, prior notice and public 
procedures hereon are unnecessary and the amendment may be made 
effective in less than 30 days after publication in the Federal 
Register.

Comments Invited

    Although this action is in the form of a final rule and was not 
preceded by notice and 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 submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 97-NM-219-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.
    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) 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 it 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 the following new 
airworthiness directive:

98-03-17  British Aerospace Regional Aircraft (Formerly British 
Aerospace, Aircraft Group): Amendment 39-10309. Docket 97-NM-219-AD.

    Applicability: All Model HS 748 series airplanes, 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 as indicated, unless accomplished 
previously.
    To prevent failure of the gust locks of the flight control 
system, which could result in reduced controllability of the 
airplane, accomplish the following:
    (a) Within 30 days after the effective date of this AD, perform 
an inspection to detect discrepancies (improper gaps or failure of 
the `pull down' check) of the aileron, rudder, and elevator gust 
locks, in accordance with Part 1 of the Accomplishment Instructions 
of Jetstream Alert Service Bulletin HS748-A27-128, dated December 
20, 1996.
    (1) If no discrepancy is detected, repeat the inspection 
required by paragraph (a) of this AD thereafter at intervals not to 
exceed 750 flight hours.
    (2) If any discrepancy is detected, prior to further flight, 
accomplish the actions required by paragraph (b) of this AD. 
Thereafter, repeat the inspection required by paragraph (a) of this 
AD at intervals not to exceed 750 flight hours.

[[Page 6066]]

    (b) Except as provided by paragraph (a)(2) of this AD, prior to 
the accumulation of 750 flight hours after the accomplishment of the 
actions required by paragraph (a) of this AD: Perform an inspection 
to detect discrepancies (excessive wear or play, improper alignment 
or adjustment, or improper clearances) of the aileron, rudder, and 
elevator gust locks; and re-rig the gust lock system; in accordance 
with Part 2 of the Accomplishment Instructions of Jetstream Alert 
Service Bulletin HS748-A27-128, dated December 20, 1996.
    (1) If no discrepancy is detected, repeat the inspection and re-
rigging required by paragraph (b) of this AD thereafter at intervals 
not to exceed 1,500 flight hours.
    (2) If any discrepancy is detected, prior to further flight, 
repair in accordance with the alert service bulletin. Thereafter, 
repeat the inspection and re-rigging required by paragraph (b) of 
this AD at intervals not to exceed 1,500 flight hours.
    (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, 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.

    (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.
    (e) The actions shall be done in accordance with Jetstream Alert 
Service Bulletin HS748-A27-128, dated December 20, 1996. 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 AI(R) American Support, Inc., 13850 
McLearen Road, Herndon, Virginia 20171. Copies may be inspected at 
the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., 
Renton, Washington; 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 
airworthiness directive 008-12-96.

    (f) This amendment becomes effective on February 23, 1998.

    Issued in Renton, Washington, on January 30, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-2822 Filed 2-5-98; 8:45 am]
BILLING CODE 4910-13-U