[Federal Register Volume 70, Number 83 (Monday, May 2, 2005)]
[Proposed Rules]
[Pages 22615-22618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8656]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-21087; Directorate Identifier 2005-NM-019-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 supersede an existing airworthiness 
directive (AD) that applies to all BAE Systems (Operations) Limited 
(Jetstream) Model 4101 airplanes. The existing AD requires operators to 
determine the number of 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. The existing AD also requires operators to revise the 
Airworthiness Limitations section (ALS) of the Instructions for 
Continued Airworthiness in the aircraft maintenance manual to reflect 
the new life limits. This proposed AD would require revising the ALS to 
incorporate extended and more restrictive life limits for structurally 
significant items. This proposed AD is prompted by engineering analysis 
of fleet operations which resulted in more restrictive life limits. We 
are proposing this AD to prevent failure of certain structurally 
significant items, including the MLG and the NLG, which could result in 
reduced structural integrity of the airplane.

DATES: We must receive comments on this proposed AD by June 1, 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.
     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-2005-21087; the directorate identifier for this docket is 
2005-NM-019-AD.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2125; 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-2005-21087; 
Directorate Identifier 2005-NM-019-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 received 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

[[Page 22616]]

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

    On June 16, 2004, we issued AD 2004-13-07, amendment 39-13689 (69 
FR 38816, June 29, 2004), for all BAE Systems (Operations) Limited 
(Jetstream) Model 4101 airplanes. That AD currently requires operators 
to determine the number of 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. That AD also requires operators to revise the Airworthiness 
Limitations section (ALS) of the Instructions for Continued 
Airworthiness in the aircraft maintenance manual (AMM) to reflect the 
new life limits. That AD was prompted by analysis that establishing a 
life limit for each component of the landing gear units, and replacing 
the component when it reaches its life limit were necessary. We issued 
that AD 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.

Actions Since Existing AD Was Issued

    Since we issued AD 2004-13-07, the Civil Aviation Authority (CAA), 
which is the airworthiness authority for the United Kingdom, issued 
British airworthiness directive G-2004-0005, dated February 3, 2005. 
The British airworthiness directive mandates incorporation of British 
Aerospace Jetstream Series 4100 AMM, Chapter 05-10-10, to Airworthiness 
Limitations--Description and Operation Section, Revision 23 (or later 
EASA approved revision). The revised section affects all BAE Systems 
(Operations) Limited (Jetstream) Model 4101 airplanes. That section 
provides mandatory replacement times and structural inspection 
intervals approved by EASA under Joint Aviation Requirements and the 
Federal Aviation Regulations (14 CFR 25.571).

Relevant Service Information

    BAE Systems (Operations) Limited has issued Chapter 05-10-10, 
Revision 23, dated February 15, 2005, which is a revision to the 
British Aerospace Jetstream Series 4100 AMM. That chapter is confined 
to structurally significant items only and gives mandatory replacement 
times, structural inspection intervals, and related structural 
inspection procedures for the MLG and NLG.
    The revision to Chapter 05-10-10 describes inspections and 
compliance times with extended and more restrictive life limits for 
structurally significant items for inspection and replacement actions. 
Accomplishment of those actions will preclude the onset of fatigue 
damage of certain structural elements of the airplane.
    The CAA has approved Chapter 05-10-10, Revision 23, of the AMM 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 Sec.  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 AD 
action is necessary for airplanes of this type design that are 
certificated for operation in the United States.
    This proposed AD would supersede AD 2004-13-07. This proposed AD 
would retain the requirements of the existing AD. This proposed AD 
would also require revising the ALS of the Instructions for Continued 
Airworthiness in the AMM to incorporate extended and more restrictive 
life limits for structurally significant items.

Difference Between This Proposed AD and British Airworthiness Directive

    The British airworthiness directive requires doing the AFM revision 
``from the effective date'' of its airworthiness directive. This 
proposed AD, however, would require doing the AFM revision within a 
compliance time of 30 days. In developing an appropriate compliance 
time for this AD, we considered the degree of urgency associated with 
the subject unsafe condition and the time necessary to perform the AFM 
revision (1 hour). In light of these factors, we find that the 
compliance time in the proposed AD represents an appropriate interval 
of time for affected airplanes to continue to operate without 
compromising safety.

Change to Existing AD

    This proposed AD would retain all requirements of AD 2004-13-07. 
Since AD 2004-13-07 was issued, the AD format has been revised, and 
certain paragraphs have been rearranged. As a result, the corresponding 
paragraph identifiers have changed in this proposed AD, as listed in 
the following table:

                      Revised Paragraph Identifiers
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                                             Corresponding  requirement
       Requirement in AD 2004-13-07             in  this proposed AD
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Paragraph (a).............................  Paragraph (f).
Paragraph (b).............................  Paragraph (g).
Paragraph (c).............................  Paragraph (h).
Paragraph (d).............................  Paragraph (i).
Paragraph (e).............................  Paragraph (j).
Paragraph (f).............................  Paragraph (k).
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yCosts of Compliance

    This proposed AD would affect about 57 airplanes of U.S. registry.
    The actions that are required by AD 2004-13-07, and retained in 
this proposed AD, would take approximately 1 work hour per airplane to 
accomplish the required determination of the number of flight cycles, 
and 1 work hour per airplane to accomplish the required revision of the 
aircraft maintenance manual. The average labor rate is $65 per work 
hour. Based on these figures, the estimated cost of the currently 
required actions is $130 per airplane.
    The proposed new revision of the AMM would take about 1 work hour 
per airplane, at an average labor rate of $65 per work hour. Based on 
these figures, the estimated cost of the new revision of the AMM 
specified in this proposed AD for U.S. operators is $3,705, or $65 per 
airplane.

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.

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    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 removing amendment 39-13689 (69 FR 
38816, June 29, 2004) and adding the following new airworthiness 
directive (AD):

BAE Systems (Operations) Limited (Formerly British Aerospace 
Regional Aircraft): Docket No. FAA-2005-21087; Directorate 
Identifier 2005-NM-019-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by June 1, 2005.

Affected ADs

    (b) This AD supersedes AD 2004-13-07, amendment 39-13689 (69 FR 
38816, June 29, 2004).

Applicability

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

    Note 1: This AD requires revisions to certain operator 
maintenance documents to include new inspections. Compliance with 
these inspections is required by 14 CFR 91.403(c). For airplanes 
that have been previously modified, altered, or repaired in the 
areas addressed by these inspections, the operator may not be able 
to accomplish the inspections described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must 
request approval for an alternative method of compliance according 
to paragraph (m) of this AD. The request should include a 
description of changes to the required inspections that will ensure 
the continued damage tolerance of the affected structure. The FAA 
has provided guidance for this determination in Advisory Circular 
(AC) 25-1529.

Unsafe Condition

    (d) This AD was prompted by engineering analysis of fleet 
operations which resulted in more restrictive life limits. We are 
issuing this AD to prevent failure of certain structurally 
significant items, including the main landing gear and the nose 
landing gear, which could result in reduced structural integrity 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.

Restatement of Requirements of AD 2004-13-07:

Determine Flight Cycles for Components

    (f) Within 90 days after August 3, 2004 (the effective date of 
AD 2004-13-07): 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; or Revision 3, dated 
January 1, 2004.

    Note 2: BAE Systems (Operations) Limited Service Bulletin J41-
32-078 refers to BAE Systems (Operations) 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 life of 
each component.

Replace Components

    (g) Except as provided by paragraph (h) of this AD, within 60 
days after establishing the flight cycles per paragraph (f) of this 
AD: Replace any landing gear component that has reached the life 
limit determined by paragraph (f) of this AD, with a serviceable 
component per a method approved by either the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or the Civil 
Aviation Authority (CAA) (or its delegated agent). Doing the actions 
in chapter 32 of the applicable airplane maintenance manual (AMM) is 
one approved method. 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.
    (h) Any component for which the total accumulated life cycles 
has not been established, or that has exceeded its life limit, but 
has not yet been replaced per paragraph (g) of this AD, must be 
replaced within 72 months after August 3, 2004, in accordance with 
BAE Systems (Operations) Limited Service Bulletin J41-32-078, dated 
April 12, 2002.

Revise Aircraft Maintenance Manual (AMM)

    (i) Within 30 days after August 3, 2004: Revise the 
Airworthiness Limitations section of the Instructions for Continued 
Airworthiness of the Jetstream 4100 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 (ALS) of the Instructions for 
Continued Airworthiness until such time as a revision is issued. 
Thereafter, except as provided in paragraph (m) and (l) of this AD, 
no alternative replacement times may be approved for any affected 
component. Once the AMM revision required by paragraph (l) of this 
AD is accomplished, the AMM revision required by this paragraph must 
be removed from the AMM.

Parts Installation

    (j) As of August 3, 2004, 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 
(f) of this AD, and any component that has exceeded its life limit 
has been replaced per paragraph (g) of this AD.

Actions Accomplished per Previous Issue of Service Bulletin

    (k) Calculations of total accumulated flight cycles accomplished 
per BAE Systems (Operations) Limited Service Bulletin J41-05-001, 
Revision 1, dated April 10, 2001; or BAE Systems (Operations) 
Limited Service

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Bulletin J41-05-001, Revision 2, dated March 15, 2002; are 
considered acceptable for compliance with the corresponding action 
specified in this AD.

New Requirements of This AD

Revise Airplane Maintenance Manual (AMM)

    (l) Within 30 days after the effective date of this AD: Revise 
the ALS of the Instructions for Continued Airworthiness of the 
Jetstream 4100 AMM to include the life limits of the components 
listed in British Aerospace Jetstream Series 4100 AMM, Chapter 05-
10-10, to Airworthiness Limitations--Description and Operation 
Section, Revision 23, dated February 15, 2005. This may be 
accomplished by inserting a copy into the Airworthiness Limitations 
of the Instructions for Continued Airworthiness. Thereafter, except 
as provided in paragraph (m) of this AD, no alternative replacement 
times may be approved for any affected component. Once this AMM 
revision is included, the AMM revision required by paragraph (i) of 
this AD must be removed from the AMM.

Alternative Methods of Compliance (AMOCs)

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

Related Information

    (n) British airworthiness directive G-2004-0005, dated February 
3, 2005, also addresses the subject of this AD.

    Issued in Renton, Washington, on April 21, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-8656 Filed 4-29-05; 8:45 am]
BILLING CODE 4910-13-P