AD Amdt-39-10973

[Federal Register Volume 63, Number 251 (Thursday, December 31, 1998)]
[Rules and Regulations]
[Pages 72141-72143]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 98-34381]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-CE-99-AD; Amendment 39-10973; AD 99-01-06]
RIN 2120-AA64


Airworthiness Directives; British Aerospace Jetstream Model 3101 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to certain British Aerospace Jetstream Model 3101 airplanes. 
This AD requires installing a standard bonding socket that is fitted 
flush with the upper surface of each wing at the fueling points 
(Station 297). This AD is the result of mandatory continuing 
airworthiness information (MCAI) issued by the airworthiness authority 
for the United Kingdom. The actions specified in this AD are intended 
to correct a potentially insufficient ground contact between the 
refueler hose nozzle and the aircraft, which, if not corrected before 
the fuel cap is removed, could result in sparks with a consequent fire 
and/or explosion in the fuel tank.

DATES: Effective March 19, 1999.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of March 19, 1999.
    Comments for inclusion in the Rules Docket must be received on or 
before February 12, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 98-CE-99-AD, Room 1558, 601 E. 12th Street, 
Kansas City, Missouri 64106.
    Service information that applies to this AD may be obtained from 
British Aerospace Regional Aircraft, Prestwick International Airport, 
Ayrshire, KA9 2RW, Scotland; telephone: (01292) 479888; facsimile: 
(01292) 479703. This information may also be examined at the Federal 
Aviation Administration (FAA), Central Region, Office of the Regional 
Counsel, Attention: Rules Docket No. 98-CE-99-AD, Room 1558, 601 E. 
12th Street, Kansas City, Missouri 64106; or at the Office of the 
Federal Register, 800 North Capitol Street, NW, suite 700, Washington, 
DC.

FOR FURTHER INFORMATION CONTACT: Mr. S.M. Nagarajan, Aerospace 
Engineer, FAA, Small Airplane Directorate, 1201 Walnut, suite 900, 
Kansas City, Missouri 64106; telephone: (816) 426-6932; facsimile: 
(816) 426-2169.

SUPPLEMENTARY INFORMATION:

Events Leading to the Issuance of This AD

    The Civil Airworthiness Authority (CAA), which is the airworthiness 
authority for the United Kingdom, notified the FAA that an unsafe 
condition may exist on certain British Aerospace Jetstream Model 3101 
airplanes. The CAA reports that an insufficient ground contact between 
the refueler hose nozzle and the aircraft could exist.
    This condition, if not corrected before the fuel cap is removed, 
could result in sparks with a consequent fire and/or explosion in the 
fuel tank.

Relevant Service Information

    British Aerospace has issued Jetstream Service Bulletin 57-JM7298, 
Original Issue: May 16, 1984, which specifies procedures for installing 
a standard bonding socket that is fitted flush with the upper surface 
of each wing at the fueling points (Station 297). This is referred to 
as Jetstream Modification JM 7298 Part A.
    The CAA classified this service bulletin as mandatory in order to 
assure the continued airworthiness of these airplanes in the United 
Kingdom. The CAA classifying a service bulletin as mandatory is the 
same in the United Kingdom as the FAA issuing an AD in the United 
States.

The FAA's Determination

    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

[[Page 72142]]

kept the FAA informed of the situation described above.
    The FAA has examined the findings of the CAA; reviewed all 
available information, including the service information referenced 
above; and determined that AD action is necessary for products of this 
type design that are certificated for operation in the United States.

Explanation of the Provisions of This AD

    Since an unsafe condition has been identified that is likely to 
exist or develop in other British Aerospace Jetstream Model 3101 
airplanes of the same type design registered in the United States, the 
FAA is issuing an AD. This AD requires incorporating Jetstream 
Modification JM 7298 Part A by installing a standard bonding socket 
that is fitted flush with the upper surface of each wing at the fueling 
points (Station 297). Accomplishment of the actions of this AD would be 
required in accordance with British Aerospace Jetstream Service 
Bulletin 57-JM7298, Original Issue: May 16, 1984.

Cost Impact

    The FAA estimates that 2 airplanes in the U.S. registry will be 
affected by this AD, that it will take approximately 22 workhours per 
airplane to accomplish the required action, and that the average labor 
rate is approximately $60 per work hour. British Aerospace will provide 
modification kits at no cost to the owner/operator of the affected 
airplanes. Based on these figures, the cost impact of this AD on U.S. 
operators is estimated to be $2,640, or $1,320 per airplane.
    Both of the affected Jetstream Model 3101 airplanes are already in 
compliance with the actions specified in this AD and British Aerospace 
Jetstream Service Bulletin 57-JM7298, Original Issue: May 16, 1984. 
Based on this information, this AD imposes no cost impact upon the 
owners/operators of the affected airplanes on the U.S. Register.

Compliance Time of This AD

    This unsafe condition is not a result of the number of times the 
airplane is operated. The chance of this situation occurring is the 
same for an airplane with 10 hours time-in-service (TIS) as it would be 
for an airplane with 500 hours TIS. For this reason, the FAA has 
determined that a compliance based on calendar time should be utilized 
in this AD.

The Direct Final Rule Procedure

    The FAA anticipates that this regulation will not result in adverse 
or negative comment and therefore is issuing it as a direct final rule. 
The requirements of this direct final rule address an unsafe condition 
identified by a foreign civil airworthiness authority and do not impose 
a significant burden on affected operators. In accordance with Section 
11.17 of the Federal Aviation Regulations (14 CFR 11.17) unless a 
written adverse or negative comment, or a written notice of intent to 
submit an adverse or negative comment, is received within the comment 
period, the regulation will become effective on the date specified 
above. After the close of the comment period, the FAA will publish a 
document in the Federal Register indicating that no adverse or negative 
comments were received and confirming the date on which the final rule 
will become effective. If the FAA does receive, within the comment 
period, a written adverse or negative comment, or written notice of 
intent to submit such a comment, a document withdrawing the direct 
final rule will be published in the Federal Register, and a notice of 
proposed rulemaking may be published with a new comment period.

Comments Invited

    Although this action is in the form of a final rule and was not 
preceded by notice and an 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 No. 98-CE-99-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.
    The FAA has determined that this regulation is noncontroversial and 
unlikely to result in adverse or negative comments. For reasons 
discussed in the preamble, I certify that this regulation (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 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 a new airworthiness directive 
(AD) to read as follows:

99-01-06  British Aerospace: Amendment 39-10973; Docket No. 98-CE-
99-AD.

    Applicability: Jetstream Model 3101 airplanes, constructors 
numbers 602, 604

[[Page 72143]]

through 607, 609 through 614, and 616; 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 within the next 4 calendar months after the 
effective date of this AD, unless already accomplished.
    To correct a potentially insufficient ground contact between the 
refueler hose nozzle and the aircraft, which, if not corrected 
before the fuel cap is removed, could result in sparks with a 
consequent fire and/or explosion in the fuel tank, accomplish the 
following:
    (a) Incorporate Jetstream Modification JM 7298 Part A on each 
wing by installing a standard bonding socket that is fitted flush 
with the upper surface of each wing at the fueling points (Station 
297). Accomplish these actions in accordance with the Accomplishment 
Instructions section of British Aerospace Jetstream Service Bulletin 
57-JM7298, Original Issue: May 16, 1984.
    (b) 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.
    (c) An alternative method of compliance or adjustment of the 
compliance time that provides an equivalent level of safety may be 
used if approved by the Manager, Small Airplane Directorate, 
Aircraft Certification Service, 1201 Walnut, suite 900, Kansas City, 
Missouri 64106. The request shall be forwarded through an 
appropriate FAA Maintenance Inspector, who may add comments and then 
send it to the Manager, Small Airplane Directorate.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Small Airplane Directorate.

    (d) The modifications required by this AD shall be done in 
accordance with British Aerospace Jetstream Service Bulletin 57-
JM7298, Original Issue: May 16, 1984. 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 British Aerospace Regional Aircraft, Prestwick 
International Airport, Ayrshire, KA9 2RW, Scotland. Copies may be 
inspected at the FAA, Central Region, Office of the Regional 
Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri, 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 Aerospace 
Jetstream Service Bulletin 57-JM7298, Original Issue: May 16, 1984. 
This service bulletin is classified as mandatory by the United 
Kingdom Civil Aviation Authority (CAA).

    (e) This amendment becomes effective on March 19, 1999.

    Issued in Kansas City, Missouri, on December 21, 1998.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 98-34381 Filed 12-30-98; 8:45 am]
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