[Federal Register Volume 67, Number 112 (Tuesday, June 11, 2002)]
[Rules and Regulations]
[Pages 39843-39844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14410]



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  Federal Register / Vol. 67, No. 112 / Tuesday, June 11, 2002 / Rules 
and Regulations  

[[Page 39843]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-151-AD; Amendment 39-12773; AD 2002-12-01]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited 
(Jetstream) Model 4101 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain BAE Systems (Operations) Limited (Jetstream) 
Model 4101 airplanes, that requires a functional test of the shortening 
mechanism of the nose landing gear for free movement of the capsule in 
the upper and lower bearings, and corrective action, if necessary. This 
action is necessary to prevent damage to the capsule, which could 
result in inability to extend the nose landing gear in normal or 
emergency situations, and consequent injury to passengers and flight 
crew. This action is intended to address the identified unsafe 
condition.

DATES: Effective July 16, 2002.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of July 16, 2002.

ADDRESSES: The service information referenced in this AD may be 
obtained from British Aerospace Regional Aircraft American Support, 
13850 Mclearen Road, Herndon, Virginia 20171. This information may be 
examined at the Federal Aviation Administration (FAA), Transport 
Airplane Directorate, Rules Docket, 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: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1175; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain BAE Systems (Operations) 
Limited (Jetstream) Model 4101 airplanes was published in the Federal 
Register on September 25, 2001 (66 FR 48987). That action proposed to 
require a functional test of the shortening mechanism of the nose 
landing gear for free movement of the capsule in the upper and lower 
bearings, and corrective action, if necessary.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the single comment received.

Revise Civil Aviation Authority (CAA) Classification

    The commenter requests that the FAA revise the proposed AD to 
remove this statement: ``The Civil Aviation Authority, which is the 
airworthiness authority for the United Kingdom, classified (BAE Systems 
(Operations) Limited (Jetstream) Service Bulletin J41-32-075, dated 
April 18, 2001) as ``Mandatory.'''' (The proposed AD identifies that 
service bulletin as an appropriate source of service information for 
certain proposed actions.)
    The commenter points out that, since the issuance of the proposed 
AD, the airplane manufacturer has issued BAE Systems (Operations) 
Limited (Jetstream) Service Bulletin J41-32-075, Revision 1, dated May 
18, 2001. The actions described in Revision 1 of the service bulletin 
are identical to those in the original issue. However, Revision 1 
revises the classification made by the CAA from ``Mandatory'' to 
``Optional Highly Recommended.'' The commenter states that the CAA 
categorizes failure of the nose landing gear to extend as a ``Major 
Event,'' and the CAA does not consider it necessary to classify service 
bulletins addressing such events as ``Mandatory.''
    The FAA acknowledges the commenter's request. The statement to 
which the commenter refers is not restated in this final rule, so no 
change to the final rule is necessary in that regard.
    After considering the CAA's decision to change the classification 
of the referenced service bulletin, the FAA has determined that it is 
necessary to proceed with this final rule in order to mandate the 
actions specified in BAE Systems (Operations) Limited (Jetstream) 
Service Bulletin J41-32-075. While the CAA may not consider that 
mandatory action is necessary to correct failure of the nose landing 
gear to extend, the fact remains that this condition could result in 
injury to passengers and flight crew. The FAA also finds it appropriate 
to cite Revision 1 of the referenced service bulletin, in addition to 
the original issue, as an appropriate source of service information for 
certain actions in this final rule. We have revised paragraph (a)(2) of 
this AD accordingly.

Conclusion

    After careful review of the available data, including the comment 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the change described 
previously. The FAA has determined that this change will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    The FAA estimates that 59 Model 4101 airplanes of U.S. registry 
will be affected by this AD, that it will take approximately 2 work 
hours per airplane to accomplish the required functional test, and that 
the average labor rate is $60 per work hour. Based on these figures, 
the cost impact of the functional test required by this AD on U.S. 
operators is estimated to be $7,080, or $120 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the requirements of this AD 
action, and that no operator would accomplish those actions in the 
future if this AD were not adopted. The cost impact

[[Page 39844]]

figures discussed in AD rulemaking actions represent only the time 
necessary to perform the specific actions actually required by the AD. 
These figures typically do not include incidental costs, such as the 
time required to gain access and close up, planning time, or time 
necessitated by other administrative actions.

Regulatory Impact

    The regulations adopted herein will not have a substantial direct 
effect 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, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    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:

    2002-12-01 BAE Systems (Operations) Limited (Formerly British 
Aerospace Regional Aircraft):
    Amendment 39-12773. Docket 2001-NM-151-AD.
    Applicability: Model Jetstream 4101 airplanes, as listed in BAE 
Systems (Operations) Limited (Jetstream) Service Bulletin J41-32-
075, dated April 18, 2001, 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 (b) 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 damage to the capsule in the upper and lower bearings 
of the shortening mechanism of the nose landing gear, which could 
result in inability to extend the nose landing gear in normal or 
emergency situations, and consequent injury to passengers and flight 
crew, accomplish the following:

Functional Test/Corrective Action

    (a) Within 300 flight hours or 60 days after the effective date 
of this AD, whichever comes first: Do a functional test of the 
shortening mechanism of the nose landing gear for free movement of 
the capsule in the upper and lower bearings, according to APPH 
Precision Hydraulics Service Bulletin AIR83586-32-16, dated February 
2001. If the capsule does not move freely, before further flight, do 
the actions specified in paragraph (a)(1) or (a)(2) of this AD, as 
applicable. If the capsule moves freely, no further action is 
required by this paragraph.
    (1) Rework according to APPH Precision Hydraulics Service 
Bulletin AIR83586-32-16, dated February 2001.
    (2) If the rework is not done, before further flight, do a full 
functional test of the extension/retraction system of the nose 
landing gear according to BAE Systems (Operations) Limited 
(Jetstream) Service Bulletin J41-32-075, dated April 18, 2001, or 
Revision 1, dated May 18, 2001; and do the actions specified in 
paragraph (a)(1)(i) or (a)(2)(ii) of this AD, as applicable.
    (i) If the nose landing gear extends and retracts correctly, 
repeat the full functional test every 50 flight hours according to 
the service bulletin. Within 300 flight hours after the initial 
test, do the requirements in paragraph (a)(1) of this AD, which ends 
the repetitive testing specified in this paragraph.
    (ii) If the nose landing gear does not extend and retract 
correctly, before further flight, replace the nose landing gear with 
new landing gear according to the service bulletin.

Alternative Methods of Compliance

    (b) 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, 
Transport Airplane Directorate, FAA. 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.

Special Flight Permits

    (c) 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.

Incorporation by Reference

    (d) The actions shall be done in accordance with APPH Precision 
Hydraulics Service Bulletin AIR83586-32-16, dated February 2001; and 
BAE Systems (Operations) Limited (Jetstream) Service Bulletin J41-
32-075, dated April 18, 2001; or BAE Systems (Operations) Limited 
(Jetstream) Service Bulletin J41-32-075, Revision 1, dated May 18, 
2001. 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 American Support, 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.

Effective Date

    (e) This amendment becomes effective on July 16, 2002.

    Issued in Renton, Washington, on June 3, 2002.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-14410 Filed 6-10-02; 8:45 am]
BILLING CODE 4910-13-P