[Federal Register Volume 73, Number 222 (Monday, November 17, 2008)]
[Proposed Rules]
[Pages 67817-67820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27161]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1214; Directorate Identifier 2007-NM-259-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 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. The existing AD also requires operators to 
revise the Airworthiness Limitations (AWL) section of the Instructions 
for Continued Airworthiness (ICA) in the aircraft maintenance manual to 
reflect

[[Page 67818]]

the new life limits for structurally significant items. This proposed 
AD would require a new revision of the AWL section of the ICA to 
incorporate revised life limits for structurally significant items, 
operational and functional tests of certain systems, and instructions 
to retain critical ignition source prevention features during 
configuration changes. This proposed AD results from mandatory 
continuing airworthiness information (MCAI) originated by an aviation 
authority of another country. 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; and to prevent fuel vapor ignition sources, which could 
result in fuel tank explosion and consequent loss of the airplane.

DATES: We must receive comments on this proposed AD by December 17, 
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 W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact BAE Systems 
Regional Aircraft, 13850 McLearen Road, Herndon, Virginia 20171; 
telephone 703-736-1080; e-mail [email protected]; Internet 
http://www.baesystems.com/Businesses/RegionalAircraft/index.htm.

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 this proposed AD, the regulatory 
evaluation, any comments received, and other information. The 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.

FOR FURTHER INFORMATION CONTACT: 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.

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-2008-1214; 
Directorate Identifier 2007-NM-259-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 because of 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

    On September 9, 2005, we issued AD 2005-19-15, amendment 39-14280 
(70 FR 55230, September 21, 2005), for all BAE Systems (Operations) 
Limited (Jetstream) Model 4101 airplanes. That 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 (AWL) section of the Instructions for 
Continued Airworthiness in the aircraft maintenance manual to reflect 
the new life limits for structurally significant items. That AD 
resulted from engineering analysis of fleet operations which resulted 
in more restrictive life limits. We issued that 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.

Actions Since Existing AD Was Issued

    Since we issued AD 2005-19-15, the European Aviation Safety Agency 
(EASA), which is the airworthiness authority for the European Union, 
advises that BAE System (Operations) Limited has issued revised 
Airworthiness Limitations, Certification Maintenance Requirements, and 
Critical Design Configuration Control Limitations (CDCCL). The 
revisions were based on assessments of fuel tank wiring installations. 
These assessments revealed that fuel vapor ignition sources may remain 
undetected. Fuel vapor ignition sources, if not corrected, could result 
in fuel tank explosion and consequent loss of the airplane.

Relevant Service Information

    BAE Systems (Operations) Limited has issued Chapters 05-10-10, 
``Airworthiness Limitations,'' 05-10-20, ``Certification Maintenance 
Requirements,'' and 05-10-30, ``Critical Design Configuration Control 
Limitations (CDCCL)--Fuel System'' of BAE Systems (Operations) Limited 
Jetstream Series 4100 AMM, Revision 29, dated February 15, 2008. 
Chapter 05-10-10 revises life limits for structurally significant 
items. Chapter 05-10-20 includes operational and functional tests of 
certain systems (e.g., air conditioning, electrical power, fire 
protection, and flight controls) and the maximum permitted time between 
those tests to maintain the certificated airworthiness standard of the 
airplanes. Chapter 05-10-30 includes CDCCLs that provide instructions 
to retain critical ignition source prevention features during 
configuration changes that may be caused by modification, repair, or 
maintenance actions.
    Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition. The EASA mandated 
the service information and issued airworthiness directive 2008-0094, 
dated May 16, 2008 (referred to after this as ``the MCAI''), to ensure 
the continued airworthiness of these airplanes in the European Union.

FAA's Determination and Requirements of the 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.
    This proposed AD would supersede AD 2005-19-15 and would continue 
to require revising the AWL section of the Instructions for Continued 
Airworthiness in the AMM to reflect the

[[Page 67819]]

new life limits structurally significant items. This proposed AD would 
also require revising the AWL section of the Instructions for Continued 
Airworthiness by incorporating the instructions specified in certain 
chapters of the service information described previously.

Change to Existing AD

    This proposed AD would retain only certain requirements of AD 2005-
19-15. As a result, the corresponding paragraph identifiers have 
changed in this proposed AD, as listed in the following table:

                      Revised Paragraph Identifier
------------------------------------------------------------------------
                                             Corresponding  requirement
       Requirement in AD 2005-19-15             in this  proposed AD
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paragraph (l).............................  paragraph (f).
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Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this proposed AD.

                                                 Estimated Costs
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                                                                                  Number of U.S.-
             Action                  Work hour     Average labor     Cost per        registered     Fleet cost
                                                   rate per hour     airplane        airplanes
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AWL revision (required by AD                   1             $80             $80               3            $240
 2005-19-15)....................
AWL revision (new proposed                     1              80              80               3             240
 action)........................
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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 and placed it in the AD docket. 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, Incorporation by 
reference, 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-14280 (70 FR 55230, September 21, 2005) and 
adding the following new airworthiness directive (AD):

BAE Systems (Operations) Limited (Formerly British Aerospace 
Regional Aircraft): Docket No. FAA-2008-1214; Directorate Identifier 
2007-NM-259-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by December 
17, 2008.

Affected ADs

    (b) This AD supersedes AD 2005-19-15.

Applicability

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

Unsafe Condition

    (d) This AD results from mandatory continuing airworthiness 
information (MCAI) originated by an aviation authority of another 
country. We are issuing this AD to prevent failure of certain 
structurally significant items, including the main landing gear 
(MLG) and the nose landing gear (NLG), which could result in reduced 
structural integrity of the airplane; and to prevent fuel vapor 
ignition sources, which could result in fuel tank explosion and 
consequent loss 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.

Certain Requirement of AD 2005-19-15

Revise Aircraft Maintenance Manual (AMM)

    (f) Within 30 days after October 26, 2005 (the effective date of 
AD 2005-19-15): Revise the Airworthiness Limitations (AWL) section 
of the Instructions for Continued Airworthiness of the BAE Systems 
(Operations) Limited J41 AMM to include the life limits of the 
components listed in Chapter 05-10-10, Airworthiness Limitations--
Description and Operation Section, Revision 23, dated February 15, 
2005, of the AMM. This may be accomplished by inserting a copy into 
the AWL section of the Instructions for Continued Airworthiness. 
Thereafter, except as provided in paragraph (i) of this AD, no 
alternative replacement times may be approved for any affected 
component.

New Requirements of This AD

Revise AWL Section of Instructions for Continued Airworthiness

    (g) Within 90 days after the effective date of this AD: Revise 
the AWL section of the

[[Page 67820]]

Instructions for Continued Airworthiness by incorporating the 
instructions of Chapters 05-10-10, ``Airworthiness Limitations,'' 
05-10-20, ``Certification Maintenance Requirements,'' and 05-10-30, 
``Critical Design Configuration Control Limitations (CDCCL)--Fuel 
System'' of BAE Systems (Operations) Limited Jetstream Series 4100 
AMM, Revision 29, dated February 15, 2008 (hereafter ``the service 
information''). Thereafter, except as provided in paragraph (i) of 
this AD, no alternative replacement times or inspection intervals 
may be approved for any affected component. The revised Chapter 05-
10-10 replaces the corresponding chapter specified in paragraph (f) 
of this AD.
    (h) Where paragraph 2.A.(2) of the service information specifies 
that certain landing gear units ``must be removed 31st March 2008,'' 
this AD requires compliance within 60 days after the effective date 
of this AD.

Alternative Methods of Compliance (AMOCs)

    (i) The Manager, International Branch, ANM-116, 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.

Related Information

    (j) European Aviation Safety Agency (EASA) airworthiness 
directive 2008-0094, dated May 16, 2008, also addresses the subject 
of this AD.

    Issued in Renton, Washington, on November 6, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
[FR Doc. E8-27161 Filed 11-14-08; 8:45 am]
BILLING CODE 4910-13-P