[Federal Register Volume 73, Number 50 (Thursday, March 13, 2008)]
[Proposed Rules]
[Pages 13504-13507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-5000]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0275; Directorate Identifier 2007-NM-335-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: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed

[[Page 13505]]

AD results from mandatory continuing airworthiness information (MCAI) 
originated 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:

    Cracks have been found in the propeller blades and propeller 
hubs, for which ongoing controlling actions issued by the propeller 
TC [type certificate] holder (McCauley Propeller Systems) have been 
mandated by FAA Airworthiness Directive (AD) action.
    Current FAA ADs related to this subject are 2003-17-10 (which 
superseded AD 2003-15-01), 2004-23-16, 2005-24-08 and 2006-15-13.
    Cracking of the blade or hub can ultimately lead to blade 
release with potentially catastrophic consequences. * * *
* * * * *
The proposed AD would require actions that are intended to address the 
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by April 14, 2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New 
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Operations office (telephone (800) 647-5527) is 
in the ADDRESSES section. Comments will be available in the AD docket 
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1175; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0275; 
Directorate Identifier 2007-NM-335-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2007-0268, dated October 8, 2007 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    Cracks have been found in the propeller blades and propeller 
hubs, for which ongoing controlling actions issued by the propeller 
TC [type certificate] holder (McCauley Propeller Systems) have been 
mandated by FAA Airworthiness Directive (AD) action.
    Current FAA ADs related to this subject are 2003-17-10 (which 
superseded AD 2003-15-01), 2004-23-16, 2005-24-08 and 2006-15-13.
    Cracking of the blade or hub can ultimately lead to blade 
release with potentially catastrophic consequences. BAE Systems has 
concluded that safety margins can be further improved by introducing 
operating limitations that will prevent damaging stresses in the 
propeller assembly, instructing flight crews to place the propeller 
condition levers in the Flight position during all ground 
maneuvering.
    EASA concurs with this conclusion and this AD therefore requires 
the replacement of the Propeller Limitations Placard with a new one.

Corrective actions include revising the airplane flight manual. You may 
obtain further information by examining the MCAI in the AD docket.

Relevant Service Information

    BAE Systems (Operations) Limited has issued Service Bulletin J41-
11-027, dated March 29, 2007; General Amendment G12, approved January 
2007, to the Jetstream 4100 Series Airplane Flight Manual (AFM); and 
Advance Amendment Bulletin No. 13, approved April 4, 2007, to the 
Jetstream 4100 Series AFM. The actions described in this service 
information are intended to correct the unsafe condition identified in 
the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

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 proposed 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 proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 7 products of U.S. registry. We also estimate that 
it would take about 2 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Required parts would cost about $25 per product. Where the 
service information lists required parts costs that are covered under 
warranty, we have assumed that there will be no charge for these costs. 
As we do not control warranty coverage for affected parties, some 
parties may incur costs higher than estimated here. Based on these 
figures, we estimate the cost of the proposed AD on U.S. operators to 
be $1,295, or $185 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,

[[Page 13506]]

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 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 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. 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 and placed it in the AD docket.

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 AD:

BAE Systems (Operations) Limited (Formerly British Aerospace 
Regional Aircraft): Docket No. FAA-2008-0275; Directorate Identifier 
2007-NM-335-AD.

Comments Due Date

    (a) We must receive comments by April 14, 2008.

Affected ADs

    (b) None.

Applicability

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

Subject

    (d) Air Transport Association (ATA) of America Code 11: Placards 
and Markings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    Cracks have been found in the propeller blades and propeller 
hubs, for which ongoing controlling actions issued by the propeller 
TC [type certificate] holder (McCauley Propeller Systems) have been 
mandated by FAA Airworthiness Directive (AD) action.
    Current FAA ADs related to this subject are 2003-17-10 (which 
superseded AD 2003-15-01), 2004-23-16, 2005-24-08 and 2006-15-13.
    Cracking of the blade or hub can ultimately lead to blade 
release with potentially catastrophic consequences. BAE Systems has 
concluded that safety margins can be further improved by introducing 
operating limitations that will prevent damaging stresses in the 
propeller assembly, instructing flight crews to place the propeller 
condition levers in the Flight position during all ground 
maneuvering.
    EASA concurs with this conclusion and this AD therefore requires 
the replacement of the Propeller Limitations Placard with a new one.

Corrective actions include revising the airplane flight manual.

Actions and Compliance

    (f) Within 90 days after the effective date of this AD, unless 
already done, do the following actions.
    (1) Replace the existing Propeller Limitations Placard in the 
cockpit with a new placard, in accordance with the Accomplishment 
Instructions of BAE Systems (Operations) Limited Service Bulletin 
J41-11-027, dated March 29, 2007.
    (2) Revise the BAE Jetstream Series 4100 Airplane Flight Manual 
(AFM) to include the information in BAE Jetstream Series 4100 
General Amendment G12, approved January 2007, and BAE Jetstream 
Series 4100 Advance Amendment Bulletin No. 13, approved April 4, 
2007. General Amendment G12 describes a rolling take-off technique 
and the reduced possibility of landing with ice contaminating the 
wings, and adds a Gross Height/Pressure Altitude Conversion Chart. 
Advance Amendment Bulletin No. 13 introduces procedures for placing 
the propeller condition levers in the Flight position during all 
ground maneuvering. Operate the airplane according to the procedures 
in General Amendment G12 and Advance Amendment Bulletin No. 13.

    Note 1: This may be done by inserting copies of General 
Amendment G12 and Advance Amendment Bulletin No. 13 into the AFM. 
When General Amendment G12 and Advance Amendment Bulletin No. 13 
have been included in general revisions of the AFM, the general 
revisions may be inserted in the AFM, provided the relevant 
information in the general revision is identical to that in General 
Amendment G12 and Advance Amendment Bulletin No. 13.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, 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: Todd 
Thompson, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 227-1175; fax (425) 227-1149. 
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, 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 MCAI EASA Airworthiness Directive 2007-0268, dated 
October 8, 2007; BAE Systems (Operations) Limited Service Bulletin 
J41-11-027, dated March 29, 2007; BAE Jetstream Series 4100 General 
Amendment G12, approved January 2007, to the Jetstream 4100 Series 
Airplane Flight Manual; and Advance Amendment Bulletin No. 13, 
approved April 4, 2007, to the Jetstream 4100 Series Airplane Flight 
Manual; for related information.


[[Page 13507]]


    Issued in Renton, Washington, on March 3, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-5000 Filed 3-12-08; 8:45 am]
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