Federal Register, Volume 72 Issue 205 (Wednesday, October 24, 2007)

[Federal Register Volume 72, Number 205 (Wednesday, October 24, 2007)]
[Rules and Regulations]
[Pages 60228-60231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-20364]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28115 Directorate Identifier 2007-CE-045-AD;
Amendment 39-15235; AD 2007-21-17]
RIN 2120-AA64

Airworthiness Directives; British Aerospace Regional Aircraft
Model HP.137 Jetstream Mk.1, Jetstream Series 200, Jetstream Series
3101, and Jetstream Model 3201 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final Rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) issued by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

There has been a report of landing gear radius rods suffering
cracks starting in the flashline near the microswitch boss. Such
cracks can result in loss of the normal hydraulic system and may
lead to a landing gear collapse. Main landing gear collapse is
considered as potentially hazardous/

[[Page 60229]]

catastrophic. This AD mandates additional inspections considered
necessary to address the identified unsafe condition.

Note: The cause of this cracking is not related to previous
cracking of the radius rod cylinder addressed by BAE Systems SB 32-
JA040945 (CAA AD G-2005-0010), however, the consequences of a
failure are the same.

We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective November 28, 2007.
On November 28, 2007, the Director of the Federal Register approved
the incorporation by reference of certain publications listed in this
AD.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at Document Management Facility, U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC
20590.

FOR FURTHER INFORMATION CONTACT: Taylor Martin, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329-4138; fax: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on July 6, 2007 (72 FR
36914). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

Comments

We gave the public the opportunity to participate in developing
this AD. We considered the comment received.

Comment Issue: Compliance Time

APPH, the original equipment manufacturer of the main landing gear
of the affected airplanes, expresses concern over being able to supply
the necessary parts for the mandatory replacement. APPH understands the
FAA's policy on aging commuter class aircraft, but states that all
airplanes will have accumulated 8,000 total landings. Therefore, the
proposed AD would require the replacement on all airplanes within 100
hours time-in-service (TIS) after the effective date of the AD. APPH
recommends a compliance time of ``at the next scheduled overhaul.''
The FAA partially concurs. We understand the problem with supplying
parts for all airplanes within 100 hours TIS. However, the airplanes
may not have ``scheduled overhauls,'' since the overhaul program is a
recommended overhaul program and not a mandatory overhaul program. The
FAA has determined that changing the 100-hour TIS grace period to 12
months would eliminate the repetitive inspections and provide
additional time for operators to acquire the needed parts.
We are changing the mandatory replacement compliance time in the
final rule AD action to read ``upon reaching 8,000 total landings on
the main landing gear radius rods or within the next 12 months after
the effective date of this AD, whichever occurs later.''

Conclusion

We reviewed the available data, including the comment received, and
determined that air safety and the public interest require adopting the
AD with the changes described previously. We determined that these
changes will not increase the economic burden on any operator or
increase the scope of the AD.

Differences Between This AD and the MCAI or Service Information

We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
We might also have required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a note within the AD.

Costs of Compliance

We estimate that this AD will affect 190 products of U.S. registry.
We also estimate that it will take about 14 work-hours per product to
comply with basic requirements of this AD. The average labor rate is
$80 per work-hour. Required parts will cost about $10,000 per product.
Based on these figures, we estimate the cost of this AD to the U.S.
operators to be $2,112,800 or $11,120 per product.

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 determined that this AD will not have federalism implications
under Executive Order 13132. This AD will 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 this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866;
(2) Is not a ``significant rule'' under 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 AD and placed it in the AD Docket.

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM, the regulatory evaluation,
any comments received, and other information. The

[[Page 60230]]

street address for the Docket Office (telephone (800) 647-5527) is in
the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The FAA amends Sec. 39.13 by adding the following new AD:

2007-21-17 British Aerospace Regional Aircraft: Amendment 39-15235;
Docket No. FAA-2007-28115; Directorate Identifier 2007-CE-045-AD.

Effective Date

(a) This airworthiness directive (AD) becomes effective November
28, 2007.

Affected ADs

(b) None.

Applicability

(c) This AD applies to HP.137 Jetstream Mk.1, Jetstream Series
200, Jetstream Series 3101, and Jetstream Model 3201 airplanes, all
serial numbers, certificated in any category.
(d) Air Transport Association of America (ATA) Code 32: Landing
Gear.

Reason

(e) The mandatory continuing airworthiness information (MCAI)
states:
There has been a report of landing gear radius rods suffering
cracks starting in the flashline near the microswitch boss. Such
cracks can result in loss of the normal hydraulic system and may
lead to a landing gear collapse. Main landing gear collapse is
considered as potentially hazardous/catastrophic. This AD mandates
additional inspections considered necessary to address the
identified unsafe condition.

Actions and Compliance

(f) Unless already done, do the following actions:
(1) Initially within the next 3 months after November 28, 2007
(the effective date of this AD) and repetitively thereafter at
intervals not to exceed 12 months until the replacement required by
paragraph (f)(2) or (f)(3) of this AD is done, inspect the main
landing gear radius rod forged cylinder flashline following the
accomplishment instructions of British Aerospace Jetstream Series
3100 and 3200 Service Bulletin 32-JA060741, dated November 1, 2006.
(2) If cracks are found during any inspection required by this
AD, before further flight, replace the radius rod assembly with a
serviceable unit.
(i) If the radius rod assembly includes the parts described in
paragraphs (f)(3)(i) and (f)(3)(ii) of this AD, then the repetitive
inspections of this AD are no longer required.
(ii) If the radius rod assembly does not include the parts
described in paragraphs (f)(3)(i) and (f)(3)(ii) of this AD, then
continue to repetitively inspect at intervals not to exceed 12
months until you comply with paragraph (f)(3) of this AD.
(3) Upon reaching 8,000 total landings on the main landing gear
radius rods or within the next 12 months November 28, 2007(the
effective date of this AD), whichever occurs later, replace the
radius rod assembly by installing one of the following part numbers
(P/N). This terminates the repetitive inspection requirement of this
AD:
(i) P/N 1847/A to 1847/L with strike-off 12 or 13, or 1847/M or
later; and
(ii) P/N 1862/A to 1862/L with strike-off 12 or 13, or 1862/M or
later.
(4) For airplanes under 8,000 total landings on the main landing
gear radius rods: Before further flight after the initial inspection
required by paragraph (f)(1) of this AD, do not install a radius rod
assembly that is not one of the parts specified in paragraphs
(f)(3)(i) and (f)(3)(ii) of this AD on an affected airplane, unless
it has been inspected in accordance with paragraph (f)(1) of this
AD.
(5) For those airplanes with parts listed in paragraph (f)(3) of
this AD: Before further flight after installing the parts in
paragraphs (f)(3)(i) and (f)(3)(ii) of this AD, do not install any
radius rod assembly that does not incorporate the parts in
paragraphs (f)(3)(i) and (f)(3)(ii) of this AD.

Note 1: When a compliance time in this AD is presented in
landings and you do not keep the total landings, you may multiply
the total number of airplane hours time-in-service by 0.75 to
calculate the number of landings for the purposes of doing the
actions required by this AD.

Note 2: Maintenance procedures for each radius rod overhaul are
included in APPH Service Bulletin 1847-32-12 or 1862-32-12, both
dated September 2006, as applicable. You may do such maintenance
using the above referenced bulletins or through a fluorescent dye
penetrant inspection of the cylinder counterbore as specified in
APPH Component Maintenance Manual (CMM) 32-10-16 at Revision 11 or
higher.

FAA AD Differences

Note 3: This AD differs from the MCAI and/or service information
as follows:
(1) The MCAI and service bulletin allow the radius rod assembly
to be repetitively inspected for the life of the airplane and the
repetitive inspection requirement is terminated if improved design
parts are installed. Many of the affected airplanes are used in
commuter operations (14 CFR part 135). The FAA's policy on aging
commuter class aircraft states that when a modification exists that
could eliminate or reduce the number of required critical
inspections, the modification should be incorporated. Therefore, the
FAA is mandating the replacement of the radius rod assembly with
improved design parts no later than reaching 8,000 total landings on
the main landing gear radius rods or within the next 12 months after
the effective date of this AD, whichever occurs later.

(2) The MCAI includes a reference to APPH service bulletins as
an option for maintenance overhaul procedures. Because we do not
require general maintenance in our ADs, we added a note referencing
these bulletins as an option to use for overhaul procedures.

Other FAA AD Provisions

(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Staff, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Taylor Martin, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone: (816) 329-4138; fax: (816) 329-4090. Before using
any approved AMOC on any airplane to which the AMOC applies, notify
your appropriate principal inspector (PI) in the FAA Flight
Standards District Office (FSDO), or lacking a PI, your local FSDO.
(2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
(3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

(h) Refer to European Aviation Safety Agency (EASA) AD No. 2007-
0087, dated March 30, 2007; and BAE SYSTEMS Jetstream Series 3100
and 3200 Service Bulletin 32-JA060741, dated November 1, 2006; for
related information.

Material Incorporated by Reference

(i) You must use BAE SYSTEMS Jetstream Series 3100 and 3200
Service Bulletin 32-JA060741, dated November 1, 2006 to do the
actions required by this AD, unless the AD specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.

[[Page 60231]]

(2) For service information identified in this AD, contact
British Aerospace (Operations) Limited Trading at British Aerospace
Regional Aircraft, Prestwick International Airport, Ayrshire KA9
2RW, Scotland.
(3) You may review copies at the FAA, Central Region, Office of
the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri
64106; or at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

Issued in Kansas City, Missouri, on October 10, 2007.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-20364 Filed 10-23-07; 8:45 am]
BILLING CODE 4910-13-P