AD 98-21-16

Effective January 6, 1999.

The incorporation by reference of the following service information was previously approved by the Director of the Federal Register as of July 28, 1998 (63 FR 32119, June 12, 1998): --Jetstream Series 3100/3200 Service Bulletin 30-JA 950641, which incorporates the following pages:

------------------------------------------------------------------------ Pages Revision level Date ------------------------------------------------------------------------ 1............................... Revision 1........ March 18, 1997. 2 through 8..................... Revision 2........ March 18, 1997. ------------------------------------------------------------------------

--Jetstream Series 3100/3200 Alert Service Bulletin No. 32-JA 960601, Original Issue: October 25, 1996, Revision No. 1: dated April 11, 1997; and --APPH Precision Hydraulics Service Bulletin No. 32-66, which incorporates the following pages:

------------------------------------------------------------------------ Pages Revision level Date ------------------------------------------------------------------------ 1,3,4, and 5.................... Revision 1........ October 1996. 2 and 6......................... Revision 2........ March 1997. ------------------------------------------------------------------------

Comments for inclusion in the Rules Docket must be received on or before November 10, 1998.

Submit comments in triplicate to the Federal Aviation Administration (FAA), Central Region, Office of the Regional Counsel, Attention: Rules Docket No. 98-CE-70-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-70-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.

Mr. S. M. Nagarajan, Aerospace Engineer, Small Airplane Directorate, Aircraft Certification Service, FAA, 1201 Walnut, suite 900, Kansas City, Missouri 64106; telephone: (816) 426-6934; facsimile: (816) 426-2169.

On June 3, 1998, the FAA issued AD 98-12-23, Amendment 39-10577 (63 FR 32119, June 12, 1998), which currently requires the following on BAe Model H.P. 137 Jetstream Mk. 1, Jetstream Series 200, and Jetstream Models 3101 and 3201 airplanes:

--Replacing the windshield wiper arm and windshield wiper arm attachment bolt; --Measuring the outer wall thickness of the nose landing gear (NLG) toggle bracket lugs and axle bracket lugs; and --Replacing the toggle bracket lugs and axle bracket lugs immediately and/or at the end of their fatigue life limit, depending on the condition of the parts.

Accomplishment of the actions specified in AD 98-12-23 is required in accordance with the following:

--Jetstream Series 3100/3200 Service Bulletin (SB) 30-JA 950641, which incorporates the following pages:

------------------------------------------------------------------------ Pages Revision level Date ------------------------------------------------------------------------ 1............................... Revision 1........ March 18, 1997. 2 through 8..................... Revision 2........ March 18, 1997. ------------------------------------------------------------------------

This service bulletin specifies following the procedures provided in Rosemont Aerospace Inc. Service Bulletin No. 2314M-30-16, dated December, 1996;

--APPH Precision Hydraulics SB No. 32-66, which incorporates the following pages:

------------------------------------------------------------------------ Pages Revision level Date ------------------------------------------------------------------------ 1,3,4, and 5.................... Revision 1........ October 1996. 2 and 6......................... Revision 2........ March 1997. ------------------------------------------------------------------------

This service bulletin is referenced in the Accomplishment Instructions section of Jetstream Series 3100/3200 Alert Service Bulletin No. 32-JA 960601, Original Issue: October 25, 1996, Revision No. 1: dated April 11, 1997.

AD 98-12-23 was the result of mandatory continuing airworthiness information (MCAI) issued by the Civil Airworthiness Authority (CAA), which is the airworthiness authority for the United Kingdom.

The CAA recently notified the FAA that part of the information it shared with the FAA is incorrect, and consequently there are mistakes in AD 98-12-23. These mistakes are:

--The procedures included in Rosemont Aerospace Inc. Service Bulletin No. 2314M-30-16, dated December 1996, are incorrect, and should not be used to accomplish the windshield wiper arm assembly and wiper arm attachment bolt replacements; and --The requirement of replacing the windshield wiper arm, attachment bolt, and assembly should be repetitive instead of a one-time action.

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 information received from 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.

Since an unsafe condition has been identified that is likely to exist or develop in other BAe Model HP.137 Jetstream Mk.1, Jetstream Series 200, and Jetstream Models 3101 and 3201 airplanes of the same type design registered in the United States, the FAA is issuing an AD to supersede AD 98-12-23. This AD would retain the actions of AD 98-12-23; would make certain actions repetitive; and would change the reference to certain service information currently utilized in AD 98-12-23. Accomplishment of the actions of this AD would be required in accordance with the previously referenced service bulletins, except for Rosemont Aerospace Inc. Service Bulletin No. 2314M-30-16, dated December 1996.

The FAA estimates that 314 airplanes in the U.S. registry will be affected by the windshield wiper portion of this AD, that it will take approximately 2 workhours per airplane to accomplish the replacement required by this AD, and that the average labor rate is approximately $60 an hour. Parts will be provided at by the manufacturer at no cost to the owners/operators of the affected airplanes. Based on these figures, the total cost impact for the windshield wiper portion of this AD on U.S. operators is estimated to be $37,680, or $120 per airplane.

The FAA estimates that 284 airplanes in the U.S. registry will be affected by the nose landing gear portion of this AD, that it will take approximately 2 workhours per airplane to accomplish the measurement required by this AD, and that the average labor rate is approximately $60 an hour. The cost impact only takes into account the cost of the initial inspection. The FAA has no way of determining the number of parts that may be found damaged or in need of replacement during the initial inspection. Therefore, the FAA is not estimating the cost of parts or the workhours to accomplish a part replacement for this AD. Based on these figures, the total cost impact for the inspection of the nose landing gear portion of this AD on U.S. operators is estimated to be $34,080, or $120 per airplane.

The only difference between the cost impact of AD 98-12-23 and this AD is the difference between the expense of a one-time replacement of the windshield wiper arm attachment bolt and assembly and the expense of repetitive replacements, respectively. The FAA has no way of determining how many replacements each owner/operator of the affected airplanes would incur over the life of the airplane. Therefore, the cost impact upon the public is the same as was presented in AD 98-12-23.

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.

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-70-AD.'' The postcard will be date stamped and returned to the commenter.

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.

Air transportation, Aircraft, Aviation safety, Safety.

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:

1. The authority citation for part 39 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.