AD 95-02-06

This amendment supersedes Airworthiness Directive (AD) 91-08-01, which currently requires the following on Jetstream Aircraft Limited (JAL) Jetstream Model 3101 airplanes: revising the maximum speed for flaps at 50 degrees from 153/149 knots indicated airspeed (KIAS) to 130 KIAS; and limiting the maximum flap extension to 20 degrees anytime ice is present on the airplane. This action requires incorporating a flap system modification as terminating action for the requirements of AD 91-08-01. The actions specified by this AD are intended to prevent sudden pitch down of the airplane during icing conditions, which could lead to loss of control of the airplane.

Final rule

95-02-06 JETSTREAM AIRCRAFT LIMITED: Amendment 39-9124; Docket No. 92-CE- 22-AD. Supersedes AD 91-08-01, Amendment 39-7007.
Applicability: Jetstream Model 3101 airplanes (all serial numbers), certificated in any category, that do not have the flap system modified in accordance with the ACCOMPLISHMENT INSTRUCTIONS section of Jetstream Service Bulletin (SB) 27-JA 910541, which consists of the following pages and revision levels:

Page Numbers
Revision Level
Date
2, 5 through 30
and 33 through 45
Revision 1
November 11, 1991
31
Revision 2
February 4, 1992
1, 3, 4, and 32
Revision 3
November 16, 1992

NOTE 1: Compliance with a previous revision level of the above-referenced service bulletin fulfills the applicable requirements of this AD.

Compliance: Required as indicated 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(a) Within the next 10 hours time-in-service (TIS) after June 10, 1991 (the effective date of superseded AD 91-08-01), accomplish the following:

(1) Modify the operating limitations placards located on the flight deck in accordance with British Aerospace (BAe) Alert SB No. 27-A-JA 910340, dated March 25, 1991. This modification will limit the maximum flap extension speed at the 50-degree position to 130 knots indicated airspeed (KIAS).

(2) Insert a copy of this AD into the Limitations Section of the airplane flight manual.

(b) Within the next 25 hours TIS after June 10, 1991 (the effective date of superseded AD 91-08-01), accomplish the following:

(1) Fabricate a placard with the words "Do not extend the flaps beyond the 20-degree position if ice is visible on the airplane and ensure that the landing gear selector is down prior to landing." Install this placard on the airplane's instrument panel within the pilot's clearview. Parts of the airplane where ice could specifically be visible include the windshield wipers, center windshield, propeller spinners, or inboard wing leading edges.

(2) Operate the airplane in accordance with BAe Alert SB 27-A-JA 910340, dated March 25, 1991, Section 2.B. - Instruction for Aircraft Operations, paragraphs (1)(a) and (1)(c) until Amendments P/32, P/49, and P/52 have been received. Upon receipt, incorporate these amendments into Airplane Flight Manual (AFM) HP.4.10. Ensure that Amendment G/10 is incorporated into AFM HP.4.10.

(c) Within the next 100 hours TIS after the effective date of this AD, incorporate the 35-degree flap modification (Amendment JA 910541) in accordance with the ACCOMPLISHMENT INSTRUCTIONS section of Jetstream Aircraft Limited SB 27-JA 910541.

(d) The actions required by paragraphs (a) and (b) of this AD may be terminated when the flap system is modified in accordance with Jetstream Aircraft Limited SB 27-JA 910541, as requiredby paragraph (c) of this AD.

(e) 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.

(f) An alternative method of compliance or adjustment of the compliance times that provides an equivalent level of safety may be approved by the Manager, Brussels Aircraft Certification Office (ACO), FAA, Europe, Africa, and Middle East Office, 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 2: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Brussels ACO.

(g) The modifications required by this AD shall be done in accordance with Jetstream Aircraft Limited Service Bulletin 27-JA 910541, which consists of the following pages and revision levels:

Page Numbers
Revision Level
Date
2, 5 through 30
and 33 through 45
Revision 1
November 11, 1991
31
Revision 2
February 4, 1992
1, 3, 4, and 32
Revision 3
November 16, 1992

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 Jetstream Aircraft Limited, Manager Product Support, Prestwick Airport, Ayrshire, KA9 2RW Scotland; telephone (44-292) 79888. Copies may be inspected at the FAA, Central Region, Office of the Assistant Chief 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.

(h) This amendment (39-9124) supersedes AD 91-08-01, Amendment 39-7007.

(i) This amendment becomes effective on March 10, 1995.

A proposal (supplemental notice of proposed rulemaking) to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an AD that would apply to certain JAL Model 3101 airplanes was published in the Federal Register on October 13, 1994 (59 FR 51875). The action proposed to supersede AD 91-08-01, Amendment 39-7007, with a new AD that would (1) retain the flap system operating revision and limitation currently required until the 35-degree flap system modification was incorporated; and (2) eventually require incorporating the 35-degree flap system modification in accordance with the instructions in Jetstream Aircraft Limited Service Bulletin No. 27-JA 910541, which consists of the following pages:

Page Numbers
Revision Level
Date
2, 5 through 30
and 33 through 45
Revision 1
November 11, 1991
31
Revision 2
February 4, 1992
1, 3, 4, and 32
Revision 3
November 16, 1992

Interested persons have been afforded an opportunity to participate in the making of this amendment. One comment was received in favor of the proposal and no comments were received concerning the FAA's determination of the cost to the public.

After careful review of all available information, the FAA has determined that air safety and the public interest require the adoption of the rule as proposed except for minor editorial corrections. The FAA has determined that these minor corrections will not change the meaning of the AD nor add any additional burden upon the public than was already proposed.

The FAA estimates that 141 airplanes in the U.S. registry will be affected by this AD, that it will take approximately 23 workhours per airplane to accomplish the required action, and that the average labor rate is approximately $55 an hour. The manufacturer will provide parts at no cost to the owner/operator. Based on these figures, the total cost impact of the AD on U.S. operators is estimated to be $178,365. This figure is basedon the assumption that no affected owner/operator has incorporated the required modification.

Jetstream Aircraft Limited has informed the FAA that 122 modification kits have been delivered to affected airplane owners/operators. Since each of these airplane operators have incorporated revised flight manual supplements, the FAA assumes that each of these kits is installed on one of the affected airplanes. With this in mind, the proposed cost impact upon U.S. operators would be reduced $154,330 from $178,365 to $24,035. In addition, Jetstream Aircraft Limited informed the FAA that the other 19 affected airplanes are in the storage inventory of its sister company JSX. The policy of JSX is to incorporate this modification before distributing one of the affected airplanes to an operator. Taking these factors into consideration, this AD would provide no economic cost impact upon U.S. operators.

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 copy of the final 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".

Listof 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. App. 1354(a), 1421 and 1423; 49 U.S.C. 106(g); and 14 CFR 11.89.

Section 39.13 - [AMENDED]
2. Section 39.13 is amended by removing AD 91-08-01, Amendment 39-7007 (56 FR 24333, May 30, 1991), and adding a new AD to read as follows: