[Federal Register Volume 69, Number 92 (Wednesday, May 12, 2004)]
[Proposed Rules]
[Pages 26331-26333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10742]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2004-NM-46-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 a 
test for free movement of the capsule/bearing of the nose landing gear 
(NLG), and related investigative, significant, and corrective actions. 
This action is necessary to prevent failure of the NLG to extend fully, 
which could result in reduced controllability of the airplane during 
landing. This action is intended to address the identified unsafe 
condition.

DATES: Comments must be received by June 11, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2004-NM-46-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. 2004-NM-46-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 2004-NM-46-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,

[[Page 26332]]

ANM-114, Attention: Rules Docket No. 2004-NM-46-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 there have been several 
incidents in which the nose landing gear (NLG) did not fully extend, 
necessitating an emergency landing. Investigation suggests that the 
cause may be related to binding between the upper and lower sliding/
support bearings and the NLG capsule that is part of the shortening 
mechanism. High friction at the upper bearing or lower bearing may 
prevent free movement of the NLG capsule. This condition, if not 
corrected, could result in failure of the NLG to extend fully, and 
consequent reduced controllability of the airplane during landing.

Explanation of Relevant Service Information

    BAE Systems (Operations) Limited has issued Alert Service Bulletin 
J41-A32-082, Revision 1, dated February 20, 2004. That service bulletin 
describes procedures for a test for free movement of the NLG capsule/
bearing, and related investigative, significant, and corrective 
actions. These actions are described below.
    The BAE Systems service bulletin refers to APPH Service Bulletin 
AIR83586-32-22, Revision 1, dated February 2004, as an additional 
source of service information. Paragraph 2.A. (Part 1) of that service 
bulletin describes procedures for the initial test for free movement of 
the NLG capsule. Paragraph 2.B. (Part 2) of that service bulletin 
describes procedures for related investigative, significant, and 
corrective actions following the initial test. These related 
investigative, significant, and corrective actions entail cleaning and 
re-greasing the bearings, and repeating the test for free movement 
(i.e., Part 1 of the APPH service bulletin). If the test immediately 
following the cleaning and re-greasing of bearings fails, corrective 
actions entail repairing or replacing the NLG.
    If the NLG capsule/bearing moves freely during the initial test, 
the BAE Systems service bulletin specifies a compliance time of 3,000 
flight hours for the related investigative, significant, and corrective 
actions (Parts 1 and 2 of the APPH service bulletin). If the movement 
of the NLG capsule/bearing is restricted during the initial test, the 
BAE Systems service bulletin specifies that the related investigative 
and corrective actions (Parts 1 and 2 of the APPH service bulletin) 
must be done before further flight. If the capsule moves freely during 
the test immediately following accomplishment of Part 2, the BAE 
Systems service bulletin specifies repeating the test within 600 flight 
hours.
    Accomplishment of the actions specified in the service bulletins is 
intended to adequately address the identified unsafe condition. The CAA 
classified the service bulletins as mandatory and issued British 
emergency airworthiness directive G-2004-0003, dated February 24, 2004, 
to ensure the continued airworthiness of these airplanes in the United 
Kingdom.

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 us informed 
of the situation described above. We have 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 the BAE Systems service bulletin described 
previously, except as discussed below.

Differences Between Proposed AD and Service Bulletins

    Although the service bulletins specify that operators may contact 
BAE Systems or APPH for disposition of certain repair conditions, this 
proposal would require operators to repair those conditions per a 
method approved by either the FAA or the CAA (or its delegated agent). 
In light of the type of repair that would be required to address the 
unsafe condition, and consistent with existing bilateral airworthiness 
agreements, we have determined that, for this proposed AD, a repair 
approved by either the FAA or the CAA would be acceptable for 
compliance with this proposed AD.
    This proposed AD refers to the flow chart in the BAE Systems 
service bulletin for compliance times for certain actions. The flow 
chart does not clearly state a compliance time for applicable 
corrective actions if the movement of the NLG capsule/bearing is 
restricted during any test. Therefore, paragraph (c) of this AD 
specifies that, if the movement of the NLG capsule/bearing is 
restricted during any test, the applicable corrective actions must be 
accomplished before further flight.
    For compliance times, the flow chart in the BAE Systems service 
bulletin specifies a certain number of ``flying hours.'' Paragraph (c) 
of this proposed AD specifies performing the actions at the compliance 
times in the flow chart of the BAE Systems service bulletin. However, 
where the flow chart specifies ``flying hours,'' the definition in this 
proposed AD would be ``flight hours.'' This decision is based on our 
determination that ``flying hours'' may be interpreted differently by 
different operators. We find that our proposed terminology is generally 
understood within the industry.
    Although the Accomplishment Instructions of the BAE Systems service 
bulletin describe procedures for submitting a form reporting inspection 
results to the manufacturer, this proposed AD would not require those 
actions.

Cost Impact

    We estimate that 57 airplanes of U.S. registry would be affected by 
this proposed AD, that it would take approximately 6 work hours per 
airplane to accomplish the proposed actions, and that 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 $22,230, or $390 
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

[[Page 26333]]

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 2004-NM-46-AD.

    Applicability: All Model Jetstream 4101 airplanes, certificated 
in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent failure of the nose landing gear (NLG) to extend 
fully, which could result in reduced controllability of the airplane 
during landing, accomplish the following:

Service Bulletin Reference and Clarifications

    (a) The term ``service bulletin,'' as used in this AD, means BAE 
Systems Alert Service Bulletin J41-A32-082, Revision 1, dated 
February 20, 2004.
    (1) The term ``flow chart,'' as used in this AD, means the flow 
chart following paragraph 1.M. of BAE Systems Alert Service Bulletin 
J41-A32-082, Revision 1.
    (2) BAE Systems Alert Service Bulletin J41-A32-082, Revision 1, 
refers to APPH Service Bulletin AIR83586-32-22, Revision 1, dated 
February 2004, as an additional source of service information for 
accomplishing the actions in the BAE Systems service bulletin.
    (3) Actions accomplished before the effective date of this AD 
per the Accomplishment Instructions of BAE Systems Alert Service 
Bulletin J41-A32-082, dated February 11, 2004, are considered 
acceptable for the corresponding actions required by this AD. (The 
original issue of BAE Systems Alert Service Bulletin J41-A32-082 
refers to the original issue of APPH Service Bulletin AIR83586-32-
22, dated February 2004, as an additional source of service 
information for accomplishing the actions in the BAE Systems service 
bulletin.)
    (4) Where BAE Systems Alert Service Bulletin J41-A32-082, 
Revision 1, and APPH Service Bulletin AIR83586-32-22, Revision 1, 
specify to contact BAE Systems or APPH for repair instructions, 
before further flight, repair per a method approved by the Manager, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
or the Civil Aviation Authority (CAA) (or its delegated agent).
    (5) Where the flow chart in BAE Systems Alert Service Bulletin 
J41-A32-082, Revision 1, specifies ``flying hours,'' for the 
purposes of this AD, this means ``flight hours.''
    (6) Where BAE Systems Alert Service Bulletin J41-A32-082, 
Revision 1, specifies to complete a reporting form and return it to 
the manufacturer, this AD does not require that action.

Initial Test

    (b) Within 300 flight cycles or 30 days after the effective date 
of this AD, whichever occurs first: Perform a test for free movement 
of the NLG capsule/bearing, as specified in the flow chart of the 
service bulletin. Do all of the actions per the Accomplishment 
Instructions of the service bulletin.

    Note 1: As specified in the flow chart in the service bulletin, 
only the actions in paragraph 2.A. (Part 1) of the Accomplishment 
Instructions of APPH Service Bulletin AIR83586-32-22, Revision 1, 
dated February 2004, are required by paragraph (a) of this AD.

Related Investigative, Significant, and Corrective Actions

    (c) Perform related investigative, significant, and corrective 
actions as specified in the flow chart of the service bulletin, at 
the compliance times specified in the flow chart of the service 
bulletin. Do all of the actions per the Accomplishment Instructions 
of the service bulletin, except as provided by paragraph (a)(4) of 
this AD. During any test, if the movement of the capsule/bearing is 
restricted, the applicable corrective actions must be accomplished 
before further flight.

Parts Installation

    (d) As of the effective date of this AD, no person may install 
an NLG on any airplane unless it is inspected per the requirements 
of this AD.

Alternative Methods of Compliance

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

    Note 2: The subject of this AD is addressed in British emergency 
airworthiness directive G-2004-0003, dated February 24, 2004.


    Issued in Renton, Washington, on May 5, 2004.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-10742 Filed 5-11-04; 8:45 am]
BILLING CODE 4910-13-P