[Federal Register Volume 69, Number 235 (Wednesday, December 8, 2004)]
[Proposed Rules]
[Pages 70938-70940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26919]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19766; Directorate Identifier 2002-NM-161-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all BAE Systems (Operations) Limited (Jetstream) Model 4101 
airplanes. This proposed AD would require replacing the aileron trim 
chain with a new, improved aileron trim chain, and modifying the 
installation of the aileron trim chain. This proposed AD is prompted by 
a report that the aileron trim cables were connected incorrectly on a 
correctly installed aileron trim chain. We are proposing this AD to 
prevent incorrect connection of the aileron trim cables, which could 
result in failure of the aileron trim system and consequent reduced 
controllability of the airplane.

DATES: We must receive comments on this proposed AD by January 7, 2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, room PL-401, 
Washington, DC 20590.
     By fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
British Aerospace Regional Aircraft American Support, 13850 Mclearen 
Road, Herndon, Virginia 20171.
    You can examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or in person at the Docket Management Facility, 
U.S. Department of Transportation, 400 Seventh Street, SW., room PL-
401, on the plaza level of the Nassif Building, Washington, DC. This 
docket number is FAA-2004-19766; the directorate identifier for this 
docket is 2002-NM-161-AD.

FOR FURTHER INFORMATION CONTACT:
    Technical information: 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.
    Plain language information: Marcia Walters, [email protected].

SUPPLEMENTARY INFORMATION:

Docket Management System (DMS)

    The FAA has implemented new procedures for maintaining AD dockets 
electronically. As of May 17, 2004, new AD actions are posted on DMS 
and assigned a docket number. We track each action and assign a 
corresponding directorate identifier. The DMS AD docket number is in 
the form ``Docket No. FAA-2004-99999.'' The Transport Airplane 
Directorate identifier is in the form ``Directorate Identifier 2004-NM-
999-AD.'' Each DMS AD docket also lists the directorate identifier 
(``Old Docket Number'') as a cross-reference for searching purposes.

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2004-19766; 
Directorate Identifier 2002-NM-161-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments submitted by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of our 
docket Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You can review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
can visit http://dms.dot.gov.
    We are reviewing the writing style we currently use in regulatory 
documents. We are interested in your comments on whether the style of 
this document is clear, and your suggestions to improve the clarity of 
our communications that affect you. You can get more information about 
plain language at http://www.faa.gov/language and http://www.plainlanguage.gov.

Examining the Docket

    You can examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management

[[Page 70939]]

Facility office between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The Docket Management Facility office 
(telephone (800) 647-5227) is located on the plaza level of the Nassif 
Building at the DOT street address stated in the ADDRESSES section. 
Comments will be available in the AD docket shortly after the DMS 
receives them.

Discussion

    The Civil Aviation Authority (CAA), which is the airworthiness 
authority for the United Kingdom, notified us that an unsafe condition 
may exist on all BAE Systems (Operations) Limited (Jetstream) Model 
4101 airplanes. The CAA advises that, during a test flight following 
maintenance work, the aileron trim system did not function correctly. 
Investigation revealed that the aileron trim cables were connected 
incorrectly (cross-connected), though the aileron trim chain was 
installed correctly. This condition, if not corrected, could result in 
failure of the aileron trim system and consequent reduced 
controllability of the airplane.

Relevant Service Information

    BAE Systems (Operations) Limited has issued Service Bulletin J41-
27-061, Revision 1, dated July 12, 2002. The service bulletin describes 
procedures for replacing the aileron trim chain with a new, improved 
aileron trim chain, and modifying the installation of the aileron trim 
chain. The aileron trim cables cannot be cross-connected on the new 
aileron trim chain. Thus, accomplishing the actions specified in the 
service information is intended to adequately address the unsafe 
condition. The CAA mandated the service information and issued British 
airworthiness directive 006-11-2001 to ensure the continued 
airworthiness of these airplanes in the United Kingdom.

FAA's Determination and Requirements of the Proposed AD

    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. We have examined the CAA's 
findings, evaluated all pertinent information, and determined that we 
need to issue an AD for products of this type design that are 
certificated for operation in the United States.
    Therefore, we are proposing this AD, which would require 
accomplishing the actions specified in the service information 
described previously, except as discussed under ``Differences Among the 
Proposed AD, Service Information, and British Action.''

Differences Among the Proposed AD, Service Information, and British 
Action

    British airworthiness directive 006-11-2001 specifies a compliance 
time of ``not later than the next aileron trim circuit break down, or 
by 31 March 2005, whichever is the sooner.'' This proposed AD specifies 
a compliance time of 30 months after the effective date of this AD. We 
find that this is a compliance time that is comparable in length to 
that in the British airworthiness directive, will allow the majority of 
operators sufficient time to accomplish the proposed action during a 
regularly scheduled maintenance visit, and will not compromise safety.
    The Accomplishment Instructions of the referenced service bulletin 
describe procedures for reporting compliance with the service bulletin. 
This proposed AD would not require that action.

Costs of Compliance

    This proposed AD would affect about 57 airplanes of U.S. registry. 
The proposed actions would take about 36 work hours per airplane, at an 
average labor rate of $65 per work hour. Required parts would cost 
about $2,500 per airplane. Based on these figures, the estimated cost 
of the proposed AD for U.S. operators is $275,880, or $4,840 per 
airplane.

Authority for this Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. Subtitle I, Section 106 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority.
    This rulemaking is promulgated under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, the FAA is charged with promoting 
safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this AD.

Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify that the 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. 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD. See the ADDRESSES section for a location 
to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

BAE Systems (Operations) Limited (Formerly British Aerospace 
Regional Aircraft): Docket No. FAA-2004-19766; Directorate 
Identifier 2002-NM-161-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by January 7, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all BAE Systems (Operations) Limited 
(Jetstream) Model 4101 airplanes, certificated in any category.

Unsafe Condition

    (d) This AD was prompted by a report that the aileron trim 
cables can be connected

[[Page 70940]]

incorrectly on a correctly installed aileron trim chain. We are 
issuing this AD to prevent incorrect connection of the aileron trim 
cables, which could result in failure of the aileron trim system and 
consequent reduced controllability of the airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Replacement of Aileron Trim Chain and Modification of Installation

    (f) Within 30 months after the effective date of this AD: 
Replace the aileron trim chain, part number (P/N) 14127003-401, with 
a new, improved aileron trim chain, P/N 14127003-403; and modify the 
installation of the aileron trim chain; according to the 
Accomplishment Instructions of BAE Systems (Operations) Limited 
Service Bulletin J41-27-061, Revision 1, dated July 12, 2002.

Actions Accomplished According to Previous Issue of Service Bulletin

    (g) Replacements and modifications accomplished before the 
effective date of this AD according to of BAE Systems (Operations) 
Limited Service Bulletin J41-27-061, dated November 7, 2001, are 
considered acceptable for compliance with the corresponding actions 
specified in this AD.

No Reporting Requirement

    (h) Although the service bulletin referenced in this AD 
specifies to report compliance information to the manufacturer, this 
AD does not include that requirement.

Alternative Methods of Compliance (AMOCs)

    (i) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.

Related Information

    (j) British airworthiness directive 006-11-2001 also addresses 
the subject of this AD.

    Issued in Renton, Washington, on November 30, 2004.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-26919 Filed 12-7-04; 8:45 am]
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