[Federal Register Volume 68, Number 222 (Tuesday, November 18, 2003)]
[Proposed Rules]
[Pages 65011-65013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28731]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-355-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to all BAE Systems (Operations) 
Limited (Jetstream) Model 4101 airplanes. This proposal would require 
repetitive inspections for cracking in the casing of the nose landing 
gear (NLG), and corrective action if necessary. This action is 
necessary to find and fix cracking of the NLG casing, which could 
result in failure of the NLG, and consequent reduced controllability of 
the airplane during takeoff and landing. This action is intended to 
address the identified unsafe condition.

DATES: Comments must be received by December 18, 2003.

[[Page 65012]]


ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-355-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2001-NM-355-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 or 2000 or 
ASCII text.
    The service information referenced in the proposed rule may be 
obtained from British Aerospace Regional Aircraft American Support, 
13850 Mclearen Road, Herndon, Virginia 20171. This information may be 
examined at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, 
SW., Renton, Washington.

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: 

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed 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 above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this action may be changed in 
light of the comments received.
    Submit comments using the following format:
    [sbull] Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
    [sbull] For each issue, state what specific change to the proposed 
AD is being requested.
    [sbull] Include justification (e.g., reasons or data) for each 
request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed 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 summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2001-NM-355-AD.'' The postcard will be date stamped 
and returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2001-NM-355-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    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 BAE Systems (Operations) Limited (Jetstream) 
Model 4101 airplanes. The CAA advises that cracks have been found in a 
number of nose landing gear (NLG) casings. This condition, if not 
corrected, could result in failure of the NLG, and consequent reduced 
controllability of the airplane during takeoff and landing.

Explanation of Relevant Service Information

    BAE Systems (Operations) Limited has issued Alert Service Bulletin 
J41-A32-079, Revision 2, dated April 28, 2003. That alert service 
bulletin describes procedures for repetitive detailed and fluorescent 
dye penetrant inspections for cracking in the casing of the NLG, and 
corrective actions if necessary. If cracking is found, the corrective 
actions include repairing the casing (if cracking is within certain 
limits), or replacing with a new or serviceable NLG casing (if cracking 
exceeds those limits). Accomplishment of the actions specified in the 
alert service bulletin is intended to adequately address the identified 
unsafe condition. The CAA classified this alert service bulletin as 
mandatory and issued British airworthiness directive 004-10-2001 to 
ensure the continued airworthiness of these airplanes in the United 
Kingdom.
    BAE Systems (Operations) Limited Alert Service Bulletin J41-A32-
079, Revision 2, refers to APPH Ltd. Service Bulletin AIR83586-32-18, 
Revision 1, dated October 2001, as an additional source of service 
information for the accomplishment of certain actions therein.

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 
21.29) 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 
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 Proposed 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, the proposed AD would require accomplishment of 
the actions specified in BAE Systems (Operations) Limited Alert Service 
Bulletin J41-A32-079, Revision 2, described previously, except as 
discussed below.

Differences Between Proposed Rule and Referenced Alert Service Bulletin

    Although BAE Systems (Operations) Limited Alert Service Bulletin 
J41-A32-079, Revision 2, specifies that operators may contact the 
manufacturer for approval of a ferry flight to a location where the 
replacement of the NLG casing may be accomplished, this proposed AD 
does not contain such a provision. Any ferry flight must be approved by 
the FAA as specified in 14 CFR part 39 (67 FR 47997, July 22, 2002), 
which governs the FAA's airworthiness directives system.
    Operators should note that, although the Accomplishment 
Instructions of BAE Systems (Operations) Limited Alert Service Bulletin 
J41-A32-079, Revision 2, describe procedures for submitting certain 
reports to the manufacturer, this proposed AD would not require such 
reporting. The FAA does not need this information from operators.

Cost Impact

    The FAA estimates that 57 airplanes of U.S. registry would be 
affected by this

[[Page 65013]]

proposed AD, that it would take approximately 1 work hour per airplane 
to accomplish the proposed actions, at the average labor rate of $65 
per work hour. Based on these figures, the cost impact of the proposed 
AD on U.S. operators is estimated to be $3,705, or $65 per airplane, 
per inspection cycle.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed 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 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 proposed herein would 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 proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that this proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, 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 draft 
regulatory 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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:

BAE Systems (Operations) Limited (Formerly British Aerospace 
Regional Aircraft): Docket 2001-NM-355-AD.

    Applicability: All Model Jetstream 4101 airplanes, certificated 
in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To find and fix cracking of the casing of the nose landing gear 
(NLG), which could result in failure of the NLG, and consequent 
reduced controllability of the airplane during takeoff and landing, 
accomplish the following:

Service Bulletin References

    (a) The following information pertains to the service bulletin 
referenced in this AD:
    (1) The term ``alert service bulletin'' as used in this AD, 
means the Accomplishment Instructions of BAE Systems (Operations) 
Limited Alert Service Bulletin J41-A32-079, Revision 2, dated April 
28, 2003.
    (2) The alert service bulletin refers to APPH Ltd. Service 
Bulletin AIR83586-32-18, Revision 1, dated October 2001, as an 
additional source of service information for the accomplishment of 
certain actions in BAE Systems (Operations) Limited Service Bulletin 
J41-A32-079, Revision 2.
    (3) Inspections and corrective actions accomplished before the 
effective date of this AD per BAE Systems (Operations) Limited Alert 
Service Bulletin J41-A32-079, Revision 1, dated October 25, 2001, 
are acceptable for compliance with the corresponding actions 
required by this AD.
    (4) Although the alert service bulletin referenced in this AD 
specifies to submit certain information to the manufacturer, this AD 
does not include such a requirement.

Inspections

    (b) Within 7 days after the effective date of this AD, do a 
detailed inspection for cracking of the NLG casing, per the alert 
service bulletin. Then, at the compliance time specified in 
paragraph (b)(1) or (b)(2) of this AD, as applicable, do a 
fluorescent dye penetrant inspection for cracking of the NLG casing, 
per the alert service bulletin.
    (1) If no cracking is found during the detailed inspection, 
within 30 days after accomplishment of the detailed inspection, do 
the fluorescent dye penetrant inspection.
    (2) If any cracking is found during the detailed inspection, 
before further flight, do the fluorescent dye penetrant inspection.

    Note 1: For the purposes of this AD, a detailed inspection is 
defined as: ``An intensive visual examination of a specific 
structural area, system, installation, or assembly to detect damage, 
failure, or irregularity. Available lighting is normally 
supplemented with a direct source of good lighting at intensity 
deemed appropriate by the inspector. Inspection aids such as mirror, 
magnifying lenses, etc., may be used. Surface cleaning and elaborate 
access procedures may be required.''

Corrective Action

    (c) If any cracking is found during any inspection per paragraph 
(b) of this AD, before further flight, do paragraph (c)(1) or (c)(2) 
of this AD, as applicable, per the alert service bulletin.
    (1) If the cracking is within the limits specified in the alert 
service bulletin, repair the NLG casing.
    (2) If the cracking is outside the limits specified in the alert 
service bulletin, replace the NLG casing with a new or serviceable 
NLG casing.

    Note 2: Although the alert service bulletin specifies that 
operators may contact the manufacturer for approval of a ferry 
flight to a location where the replacement of the NLG casing may be 
accomplished, this AD requires any ferry flight to be approved by 
the FAA, as specified in 14 CFR part 39.

Repetitive Inspections

    (d) Repeat the inspections in paragraph (b) of this AD, and the 
corrective action in paragraph (c) of this AD, as applicable, at 
intervals not to exceed 1,200 landings.

    Note 3: There is no terminating action available at this time 
for the repetitive inspections required by paragraph (d) of this AD.

Parts Installation

    (e) As of the effective date of this AD, no person may install 
an NLG casing on any airplane unless it has been inspected per 
paragraph (b) of this AD and found to be free of any cracking.

Alternative Methods of Compliance

    (f) In accordance with 14 CFR 39.19, the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA, is authorized 
to approve alternative methods of compliance for this AD.

    Note 4: The subject of this AD is addressed in British 
airworthiness directive 004-10-2001.


    Issued in Renton, Washington, on November 12, 2003.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-28731 Filed 11-17-03; 8:45 am]
BILLING CODE 4910-13-P