[Federal Register Volume 70, Number 65 (Wednesday, April 6, 2005)]
[Proposed Rules]
[Pages 17373-17375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6772]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20865; Directorate Identifier 2003-NM-103-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (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 the overhaul of certain 
auxiliary components installed on the main landing gear (MLG) and nose 
landing gear (NLG). This proposed AD is prompted by manufacturer 
determination that overhaul limits need to be imposed for certain 
auxiliary components of the MLG and NLG. Components that exceed the 
established overhaul limits could fail due to fatigue, wear, and age. 
We are proposing this AD to prevent failure of the MLG or NLG, and 
consequent damage to the airplane and injury to flightcrew and 
passengers.

DATES: We must receive comments on this proposed AD by May 6, 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-2005-20865; the directorate identifier for this 
docket is 2003-NM-103-AD.

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

    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-2005-20865; 
Directorate Identifier 2003-NM-103-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

[[Page 17374]]

post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of our 
docket website, 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.

Examining the Docket

    You can examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management 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 received a report of manufacturer determination 
that overhaul limits need to be imposed for certain auxiliary 
components of the MLG and NLG. Components that exceed the established 
overhaul limits could fail due to fatigue, wear, and age. This 
condition, if not corrected, could result in failure of the MLG or NLG, 
and consequent damage to the airplane and injury to flightcrew and 
passengers.

Relevant Service Information

    BAE Systems (Operations) Limited has issued Service Bulletin J41-
32-081, dated August 6, 2002. The service bulletin describes procedures 
for the overhaul of certain auxiliary components installed on the MLG 
and NLG. Auxiliary components are the MLG shock struts, the NLG shock 
strut, the MLG retract actuators, the NLG retract actuator, the MLG 
drag braces/actuators, the MLG uplocks/actuators, the NLG downlock/
actuator, the NLG uplock/actuator, and the steering selector valve.
    Service Bulletin J41-32-081 refers to BAE Systems (Operations) 
Limited Service Bulletin J41-05-001, Revision 2, dated March 15, 2002, 
as an additional source of service information for calculating 
estimated usage of affected auxiliary components.
    The CAA mandated the service information and issued British 
airworthiness directive 006-08-2002 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 the 
overhaul of certain auxiliary components installed on the MLG and NLG, 
except as discussed under ``Differences Between the Proposed AD and 
Referenced Service Bulletin.''

Differences Between the Proposed AD and Referenced Service Bulletin

    BAE Systems (Operations) Limited Service Bulletin J42-32-081 
describes procedures for notifying the manufacturer of the 
accomplishment of the service bulletin; however, this proposed AD would 
not require this notification.
    BAE Systems (Operations) Limited Service Bulletin J42-32-081 
specifies that certain affected components must be overhauled on or 
before July 31, 2004; however, this proposed AD would specify that 
certain affected components must be overhauled within 18 months after 
the effective date of this proposed AD. In developing an appropriate 
compliance time for this AD, we considered the manufacturer's 
recommendation, the degree of urgency associated with the subject 
unsafe condition and the average utilization of the affected fleet. In 
light of all of these factors, we find that a compliance time of 18 
months represents an appropriate interval of time for affected 
airplanes to continue to operate without compromising safety. This 
compliance time has been coordinated with the CAA.

Costs of Compliance

    This proposed AD would affect about 57 airplanes of U.S. registry. 
The following table, using an average labor rate of $65 per hour, 
provides the estimated costs for U.S. operators to comply with this 
proposed AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                          Cost per
                         Replacement                           Work hours   Parts cost    airplane    Fleet cost
----------------------------------------------------------------------------------------------------------------
MLG shock strut (left and right)............................            6  \1\ $25,000      $50,390   $2,872,230
NLG shock strut.............................................            3       30,000       30,195    1,721,115
MLG retract actuator (left and right).......................            6    \1\ 6,300       12,990      740,430
NLG retract actuator........................................            3        4,100        4,295      244,815
MLG drag brace/actuator (left and right)....................            6    \1\ 9,500       19,390    1,105,230
MLG uplock/actuator (left and right)........................            6    \1\ 5,600       11,590      660,630
NLG downlock/actuator.......................................            3        3,200        3,395      193,515
NLG uplock/actuator.........................................            3        2,800        2,995      170,715
Steering selector valve.....................................            3        6,800        6,995      398,715
                                                             --------------
    Total...................................................           39      139,700      142,235   8,107,395
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\1\ Per side.


[[Page 17375]]

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. 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.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA 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 
rulemaking action.

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-2005-20865; Directorate 
Identifier 2003-NM-103-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by May 6, 2005.

Affected ADs

    (b) None.

Applicability

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

Unsafe Condition

    (d) This AD was prompted by manufacturer determination that 
overhaul limits need to be imposed for certain auxiliary components 
of the MLG and NLG. Components that exceed the established overhaul 
limits could fail due to fatigue, wear, and age. We are issuing this 
AD to prevent failure of the MLG or NLG, and consequent damage to 
the airplane and injury to flightcrew and passengers.

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.

Overhaul of Landing Gear

    (f) Within 18 months after the effective date of this AD, 
overhaul auxiliary components installed on the MLG and NLG in 
accordance with the Accomplishment Instructions of BAE Systems 
(Operations) Limited Service Bulletin J41-32-081, dated August 6, 
2002, except as provided by paragraph (g) of this AD; and thereafter 
as specified in the ``Overhaul Period'' column of Table 1 of the 
Accomplishment Instructions of the service bulletin.

    Note 1: BAE Systems (Operations) Limited Service Bulletin J41-
32-081 refers to BAE Systems (Operations) Limited Service Bulletin 
J41-05-001, Revision 2, dated March 15, 2002, as an additional 
source of service information for calculating estimated usage of 
affected auxiliary components.

No Reporting Requirement

    (g) Although the service bulletin referenced in this AD 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

Alternative Methods of Compliance (AMOCs)

    (h) 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

    (i) British airworthiness directive 006-08-2002 also addresses 
the subject of this AD.

    Issued in Renton, Washington, on March 30, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-6772 Filed 4-5-05; 8:45 am]
BILLING CODE 4910-13-P