[Federal Register Volume 69, Number 44 (Friday, March 5, 2004)]
[Proposed Rules]
[Pages 10385-10387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4939]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-208-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 
operators to determine the flight cycles accumulated on each component 
of the main landing gear (MLG) and the nose landing gear (NLG), and to 
replace each component that reaches its life limit with a serviceable 
component. This proposal would also require operators to revise the 
Airworthiness Limitations section of the Instructions for Continued 
Airworthiness in the aircraft maintenance manual to reflect the new 
life limits. This action is necessary to prevent failure of certain 
components of the MLG and the NLG, which could result in failure of 
either or both landing gears, and consequent damage to the airplane and 
injury to passengers or crewmembers. This action is intended to address 
the identified unsafe condition.

DATES: Comments must be received by April 5, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-208-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. 2002-NM-208-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:
     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.
     For each issue, state what specific change to 
the proposed AD is being requested.
     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 2002-NM-208-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. 2002-NM-208-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 the Airworthiness 
Limitations section of the Instructions for Continued Airworthiness was 
previously published to cover the life limits of whole landing gear 
units for both the main landing gear (MLG) and the nose landing gear 
(NLG). In quoting the life limits in this manner, it was assumed that 
all components of a landing gear unit would remain with that unit for 
the duration of its life. However, components of both the MLG and the 
NLG units on the affected airplanes have been transferred between 
different landing gear units during overhaul and repair. Therefore, the 
CAA advises that the flight cycles for each component of the MLG and 
NLG units must be established, and that each component must be replaced 
with a serviceable component when it reaches its life limit. Future 
revisions of the aircraft maintenance manual (AMM) will reflect the 
life limits for each component. Establishment of the life limit for 
each component of the landing gear units, and replacement when the 
component reaches its life limit, is intended to prevent failure of 
certain components of the MLG and the NLG. Failure of components of the 
MLG or NLG could result in failure of either or both landing gears, and 
consequent damage to the airplane and injury to passengers or 
crewmembers.

Explanation of Relevant Service Information

    BAE Systems (Operations) Limited has issued Service Bulletin J41-
32-078, dated April 12, 2002, which provides procedures for 
establishing the flight cycles accumulated by components of the MLG and 
NLG for which complete

[[Page 10386]]

records exist. This service bulletin also provides information about 
the life limits for all components of the MLG and NLG.
    BAE Systems (Operations) Limited has also issued Service Bulletin 
J41-05-001, Revision 2, dated March 15, 2002, which provides procedures 
for establishing the life limits of NLG and MLG components for which 
complete records do not exist.
    The CAA classified Service Bulletin J41-32-078 as mandatory and 
issued British airworthiness directive 007-04-2002 to ensure the 
continued airworthiness of these airplanes in the United Kingdom.
    BAE Systems (Operations) Limited Service Bulletin J41-05-001 refers 
to J41 Service Information Leaflet 32-15, Issue 1, dated February 15, 
2002, as an additional source of service information for establishing 
the life limits of landing gear components and for tracking the 
accumulated lives of each component.

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 products of this same type design, the 
proposed AD would require accomplishment of the actions specified in 
the service bulletins described previously, except as discussed below. 
The proposed AD would also require operators to revise the 
Airworthiness Limitations section of the Instructions for Continued 
Airworthiness of the AMM to reflect the new life limits.

Clarification of Compliance Times Between the Proposed, and the British 
Airworthiness Directive, and Service Bulletin J41-32-078

    British airworthiness directive 007-04-2002 does not give a 
compliance time for replacing components of the landing gear units. 
Service Bulletin J41-32-078 requires replacement, prior to further 
flight, of components that are found to have reached life limits when 
flight cycles are first established. We have determined that the 
following compliance times ensure an adequate level of safety for the 
affected fleet: For any landing gear component that has reached its 
life limit as of the effective date of this proposed AD, replace the 
component within 60 days after establishing the accumulated flight 
cycles for that component; thereafter, replace any component before it 
reaches the applicable number of flight cycles for its life limit. In 
developing appropriate compliance times for this AD, we considered 
further recommendations from the manufacturer, the degree of urgency 
associated with the subject unsafe condition, and the time necessary to 
perform the replacement(s). In light of all of these factors, we find 
that the above compliance times represent an appropriate interval of 
time for affected airplanes to continue to operate without compromising 
safety.

Interim Action

    We consider this proposed AD interim action. The manufacturer is 
currently completing a fatigue-testing program for the MLG and NLG that 
will address the unsafe condition identified in this AD. Once this 
testing is completed, and final life limits are established, we may 
consider additional rulemaking.

Cost Impact

    The FAA estimates that 57 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 1 work 
hour per airplane to accomplish the proposed determination of the 
number of flight cycles, and 1 work hour per airplane to accomplish the 
proposed revision of the AMM. The average labor rate is $65 per work 
hour. Based on these figures, the cost impact of the proposed AD on 
U.S. operators is estimated to be $7,410, or $130 per airplane.
    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 2002-NM-208-AD.

    Applicability: All Model Jetstream 4101 airplanes, certificated 
in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent failure of certain components of the main landing 
gear and the nose landing gear, which could result in failure of 
either or both landing gears, and consequent damage to the airplane 
and injury to passengers or crewmembers, accomplish the following:

[[Page 10387]]

Determine Flight Cycles for Components

    (a) Within 90 days after the effective date of this AD: 
Determine the number of flight cycles accumulated on each landing 
gear component listed in Table 1 and Table 2 of the Accomplishment 
Instructions of BAE Systems (Operations) Limited Service Bulletin 
J41-32-078, dated April 12, 2002. If there are no records or 
incomplete records for any component, establish the number of flight 
cycles in accordance with the Accomplishment Instructions of BAE 
Systems (Operations) Limited Service Bulletin J41-05-001, Revision 
2, dated March 15, 2002.

    Note 1: BAE Systems (Operations) Limited Service Bulletin, J41-
05-001 refers to J41 Service Information Leaflet 32-15, Issue 1, 
dated February 15, 2002, as an additional source of service 
information for establishing the life limits of landing gear 
components and for tracking the accumulated lives of each component.

Replace Components

    (b) Except as provided by paragraph (c) of this AD, within 60 
days after establishing the flight cycles per paragraph (a) of this 
AD: Replace any landing gear component that has reached the life 
limit determined by paragraph (a) of this AD, with a serviceable 
component in accordance with the applicable airplane maintenance 
manual (AMM). Thereafter, replace any component that reaches its 
life limit prior to the accumulation of the applicable number of 
flight cycles shown in Table 1 and Table 2 of the Accomplishment 
Instructions of BAE Systems (Operations) Limited Service Bulletin 
J41-32-078, dated April 12, 2002.
    (c) Any component whose total accumulated life cycles has not 
been established, or that has exceeded its life limit, but has not 
yet been replaced per paragraph (b) of this AD, must be replaced 
within 72 months after the effective date of this AD, in accordance 
with BAE Systems (Operations) Limited Service Bulletin J41-32-078, 
dated April 12, 2002.

Revise Aircraft Maintenance Manual

    (d) Within 30 days after the effective date of this AD: Revise 
the Airworthiness Limitations section of the Instructions for 
Continued Airworthiness of the AMM to include the life limits of the 
components listed in Table 1 and Table 2 of the Accomplishment 
Instructions of BAE Systems (Operations) Limited Service Bulletin 
J41-32-078, dated April 12, 2002. This may be accomplished by 
inserting a copy of the service bulletin in the Airworthiness 
Limitations section of the Instructions for Continued Airworthiness 
until such time as a revision is issued. Thereafter, except as 
provided in paragraph (g) of this AD, no alternative replacement 
times may be approved for any affected component.

Parts Installation

    (e) As of the effective date of this AD, no landing gear unit, 
may be installed on any airplane unless the accumulated flight 
cycles of all components of that landing gear have been established 
per paragraph (a) of this AD, and any component that has exceeded 
its life limit has been replaced per paragraph (b) of this AD.

Actions Accomplished Per Previous Issue of Service Bulletin

    (f) Calculations of total accumulated flight cycles accomplished 
per BAE Systems (Operations) Limited Service Bulletin J41-05-001, 
Revision 1, dated April 10, 2001, are considered acceptable for 
compliance with the corresponding action specified in this AD.

Alternative Methods of Compliance

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

    Note 2:
    The subject of this AD is addressed in British airworthiness 
directive 007-04-2002.


    Issued in Renton, Washington, on February 24, 2004.
Kalene C. Yanamura,
Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 04-4939 Filed 3-4-04; 8:45 am]
BILLING CODE 4910-13-P