[Federal Register Volume 74, Number 33 (Friday, February 20, 2009)]
[Rules and Regulations]
[Pages 7797-7801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3265]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0644; Directorate Identifier 2007-NM-321-AD; 
Amendment 39-15659; AD 2008-18-02]
RIN 2120-AA64


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

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

ACTION: Final rule.

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SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD), which applies to all BAE Systems (Operations) Limited (Jetstream) 
Model 4101 airplanes. That AD currently requires repetitive tests for 
free

[[Page 7798]]

movement of the capsule/bearing of the nose landing gear (NLG), and 
related investigative and corrective actions. This new AD requires a 
modified test for free movement of the capsule/bearing of the NLG at 
reduced repeat intervals, and replacement of the NLG assembly with a 
modified assembly. This AD results from additional reports of the NLG 
failing to extend fully on an airplane that had been inspected in 
accordance with AD 2004-14-07. We are issuing this AD to prevent 
failure of the NLG to extend fully, which could result in reduced 
controllability of the airplane during landing.

DATES: This AD becomes effective March 27, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of March 27, 
2009.
    On August 13, 2004 (69 FR 41413, July 9, 2004), the Director of the 
Federal Register approved the incorporation by reference of BAE Systems 
(Operations) Limited Alert Service Bulletin J41-A32-082, Revision 1, 
dated February 20, 2004.

ADDRESSES: For BAE Systems (Operations) Limited 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.
    For APPH service information identified in this AD, contact APPH 
Ltd., Engineering Division, Unit 1, 8 Pembroke Court, Manor Park, 
Runcorn WA7 1TG, England; telephone +44 01928 532600; fax +44 01928 
579626; e-mail [email protected]; Internet http://www.apph.co.uk/home.html.

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 AD, the regulatory evaluation, 
any comments received, and other information. The address for the 
Docket Office (telephone 800-647-5527) is the 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: 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:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that supersedes AD 2004-14-07, amendment 
39-13716 (69 FR 41413, July 9, 2004). The existing AD applies to all 
BAE Systems (Operations) Limited (Jetstream) Model 4101 airplanes. That 
NPRM was published in the Federal Register on June 20, 2008 (73 FR 
35089). That NPRM proposed to continue to require repetitive tests for 
free movement of the capsule/bearing of the nose landing gear (NLG), 
and related investigative and corrective actions. That NPRM also 
proposed to require a modified test for free movement of the capsule/
bearing of the NLG at reduced repeat intervals, and replacement of the 
NLG assembly with a modified assembly.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. No comments have been received on the NPRM or 
on the determination of the cost to the public.

Explanation of Changes Made to This AD

    This AD retains all of the proposed requirements of the NPRM. We 
have revised the format of this AD according to guidelines regarding 
service information references provided to us by the Office of the 
Federal Register. To meet those guidelines, we have removed paragraph 
(f), ``Service Bulletin References and Clarifications,'' and (f)(1), of 
the NPRM. We have, instead, spelled out the applicable service bulletin 
in each paragraph of this AD. As a result, the corresponding paragraph 
identifiers have changed in this AD, as listed in the table titled 
``Revised Paragraph Identifiers.'' For clarity, we have also added 
certain paragraph headers to this AD.

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
                                          Corresponding  requirement in
   Proposed requirement in the NPRM                  this AD
------------------------------------------------------------------------
Paragraph (f).........................  removed.
Paragraph (f)(1)......................  removed.
Paragraph (f)(2)......................  paragraph (f).
Paragraph (f)(3)......................  paragraph (h).
Paragraph (f)(4)......................  paragraph (i).
Paragraph (f)(5)......................  paragraph (j).
Paragraph (f)(6)......................  paragraph (k).
Paragraph (f)(7)......................  paragraph (g).
Paragraph (g).........................  paragraph (l).
Paragraph (h).........................  paragraph (m).
Paragraph (i).........................  paragraph (n).
Paragraph (j).........................  paragraph (o).
Paragraph (k).........................  paragraph (p).
Paragraph (l).........................  paragraph (q).
Paragraph (m).........................  paragraph (r).
Paragraph (n).........................  paragraph (s).
------------------------------------------------------------------------

Conclusion

    We have carefully reviewed the available data, and determined that 
air safety and the public interest require adopting the AD with the 
changes described previously. We have determined that these changes 
will neither increase the economic burden on any operator nor increase 
the scope of the AD.

Costs of Compliance

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

                                                                     Estimated Costs
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                                                                                                                 Number of U.S.-
                Action                   Work hours     Average labor       Parts          Cost per airplane       registered           Fleet cost
                                                        rate per hour                                               airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Testing for free movement of the NLG                6             $80              $0  $480, per cleaning,                    7  $3,360, per cleaning,
 capsule/bearing (required by AD 2004-                                                  lubrication, and                          lubrication, and
 14-07).                                                                                inspection cycle.                         inspection cycle.

[[Page 7799]]

 
Cleaning, lubrication, and inspecting               6              80              10  $490, per cleaning,                    7  $3,430, per cleaning,
 for free movement of the NLG capsule/                                                  lubrication, and                          lubrication, and
 bearing (new required action).                                                         inspection cycle.                         inspection cycle.
NLG assembly replacement.............               6              80           3,100  $3,580..................               7  $25,060.
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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 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 that 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. 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.

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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-13716 (69 FR 41413, July 9, 2004) and by adding 
the following new airworthiness directive (AD):

2008-18-02 BAE Systems (Operations) Limited (Formerly British 
Aerospace Regional Aircraft): Amendment 39-15659. Docket No. FAA-
2008-0644; Directorate Identifier 2007-NM-321-AD.

Effective Date

    (a) This AD becomes effective March 27, 2009.

Affected ADs

    (b) This AD supersedes AD 2004-14-07.

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 additional reports of the nose landing 
gear (NLG) failing to extend fully on an airplane that had been 
inspected in accordance with AD 2004-14-07. We are issuing this AD 
to prevent failure of the NLG to extend fully, which could result in 
reduced controllability of the airplane during landing.

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 the Requirements of AD 2004-14-07 (Reformatted)

Additional Sources of Service Information

    (f) BAE Systems (Operations) Limited Alert Service Bulletin J41-
A32-082, Revision 1, dated February 20, 2004, refers to APPH Service 
Bulletin AIR83586-32-22, Revision 1, dated February 2004, as an 
additional source of service information for accomplishing the 
actions in BAE Systems (Operations) Limited Alert Service Bulletin 
J41-A32-082, Revision 1, dated February 20, 2004. BAE Systems 
(Operations) Limited Alert Service Bulletin J41-A32-082, Revision 3, 
dated March 30, 2007, refers to APPH Service Bulletin AIR83586-32-
22, Revision 3, dated December 2006, as an additional source of 
service information for accomplishing the actions in BAE Systems 
(Operations) Limited Alert Service Bulletin J41-A32-082, Revision 3, 
dated March 30, 2007.
    (g) BAE Systems (Operations) Limited Service Bulletin J41-A32-
084, dated November 30, 2005, refers to APPH Service Bulletin 
AIR83586-32-25, dated October 2005, as an additional source of 
service information for accomplishing the actions in BAE Systems 
(Operations) Limited Service Bulletin J41-A32-084, dated November 
30, 2005.

Credit for Actions Done Using Previous Issues of the Service 
Information

    (h) Actions accomplished before the effective date of this AD 
per the Accomplishment Instructions of BAE Systems (Operations) 
Limited Alert Service Bulletin J41-A32-082, dated February 11, 2004; 
BAE Systems (Operations) Limited Alert Service Bulletin J41-A32-082, 
Revision 1, dated February 20, 2004; or BAE Systems (Operations) 
Limited Alert Service Bulletin J41-A32-082, Revision 2, dated 
November 25, 2005; are considered acceptable for the corresponding 
actions required by this AD. (BAE Systems (Operations) Limited Alert 
Service Bulletin J41-A32-082, Revision 2, dated November 25, 2005, 
refers to APPH Service Bulletin AIR83586-32-22, Revision 2, dated 
October 2005, as an additional source of service information for 
accomplishing the actions in BAE Systems (Operations) Limited Alert 
Service Bulletin J41-A32-082, Revision 2, dated November 25, 2005.)

[[Page 7800]]

Contacting the FAA Instead of the Manufacturer for Repair Instructions

    (i) Where BAE Systems (Operations) Limited Alert Service 
Bulletin J41-A32-082, Revision 1, dated February 20, 2004; BAE 
Systems (Operations) Limited Alert Service Bulletin J41-A32-082, 
Revision 3, dated March 30, 2007; and APPH Service Bulletin 
AIR83586-32-22, Revision 1, dated February 2004; specify to contact 
BAE Systems or APPH for repair instructions: Before further flight, 
repair per a method approved by the Manager, International Branch, 
ANM-116, FAA, Transport Airplane Directorate; the Civil Aviation 
Authority (CAA) (or its delegated agent); or the European Aviation 
Safety Agency (EASA) (or its delegated agent).

Clarification of the Term ``Flying Hours''

    (j) Where the flow chart in BAE Systems (Operations) Limited 
Alert Service Bulletin J41-A32-082, Revision 1, dated February 20, 
2004; or BAE Systems (Operations) Limited Alert Service Bulletin 
J41-A32-082, Revision 3, dated March 30, 2007; specifies ``flying 
hours,'' for the purposes of this AD, this term means ``flight 
hours.''

Reporting Not Required by This AD

    (k) Where BAE Systems (Operations) Limited Alert Service 
Bulletin J41-A32-082, Revision 1, dated February 20, 2004; or BAE 
Systems (Operations) Limited Alert Service Bulletin J41-A32-082, 
Revision 3, dated March 30, 2007; specifies to complete a reporting 
form and return it to the manufacturer, this AD does not require 
that action.

Initial Test

    (l) Within 300 flight cycles or 30 days after August 13, 2004 
(the effective date of AD 2004-14-07), whichever occurs first: 
Perform a test for free movement of the NLG capsule/bearing, as 
specified in the flow chart following paragraph 1.M. of BAE Systems 
(Operations) Limited Alert Service Bulletin J41-A32-082, Revision 1, 
dated February 20, 2004; or the flow chart following paragraph 1.N. 
of BAE Systems (Operations) Limited Alert Service Bulletin J41-A32-
082, Revision 3, dated March 30, 2007. After the effective date of 
this AD, only BAE Systems (Operations) Limited Alert Service 
Bulletin J41-A32-082, Revision 3, dated March 30, 2007, may be used 
to perform the test for free movement. Do all of the actions per the 
Accomplishment Instructions of BAE Systems (Operations) Limited 
Alert Service Bulletin J41-A32-082, Revision 1, dated February 20, 
2004; or BAE Systems (Operations) Limited Alert Service Bulletin 
J41-A32-082, Revision 3, dated March 30, 2007. After the effective 
date of this AD, only BAE Systems (Operations) Limited Alert Service 
Bulletin J41-A32-082, Revision 3, dated March 30, 2007, may be used.

    Note 1: As specified in the flow chart following paragraph 1.M. 
of BAE Systems (Operations) Limited Alert Service Bulletin J41-A32-
082, Revision 1, dated February 20, 2004, only the actions in 
paragraph 2.A. (Part 1) of the Accomplishment Instructions of APPH 
Service Bulletin AIR83586-32-22, Revision 1, dated February 2004, 
are required by paragraph (l) of this AD.

Related Investigative, Significant, and Corrective Actions

    (m) Perform related investigative, significant, and corrective 
actions as specified in and at the compliance times specified in the 
flow chart following paragraph 1.M. of BAE Systems (Operations) 
Limited Alert Service Bulletin J41-A32-082, Revision 1, dated 
February 20, 2004; or following paragraph 1.N. of BAE Systems 
(Operations) Limited Alert Service Bulletin J41-A32-082, Revision 3, 
dated March 30, 2007. Do all of the actions per the Accomplishment 
Instructions of BAE Systems (Operations) Limited Alert Service 
Bulletin J41-A32-082, Revision 1, dated February 20, 2004; or BAE 
Systems (Operations) Limited Alert Service Bulletin J41-A32-082, 
Revision 3, dated March 30, 2007; except as provided by paragraph 
(k) of this AD. During any test, if the movement of the capsule/
bearing is restricted, the applicable corrective actions must be 
accomplished before further flight. After the effective date of this 
AD, only BAE Systems (Operations) Limited Alert Service Bulletin 
J41-A32-082, Revision 3, dated March 30, 2007, may be used.

Parts Installation

    (n) As of August 13, 2004, no person may install an NLG on any 
airplane unless it has been inspected in accordance with the 
requirements of paragraphs (l) and (m) of this AD.

New Requirements of This AD

Repetitive Cleanings, Lubrications, and Inspections for Free Movement 
of the NLG Capsule

    (o) Within 400 flight hours after the effective date of this AD, 
or within 800 flight hours after the last test done in accordance 
with paragraph (l) of this AD, whichever is later, but not exceeding 
3,000 flight hours after the last test done in accordance with 
paragraph (l) of this AD; and before further flight after each 
scheduled or unscheduled NLG replacement: Clean, lubricate, and 
inspect for free movement of the NLG capsule/bearing in accordance 
with the Accomplishment Instructions and the flow chart provided in 
paragraph 1.N. of BAE Systems (Operations) Limited Alert Service 
Bulletin J41-A32-082, Revision 3, dated March 30, 2007.
    (1) For NLG capsules that have adequate free movement: At the 
applicable interval specified in paragraphs (o)(1)(i) and (o)(1)(ii) 
of this AD, repeat the cleaning, lubrication, and inspection for 
free movement of the NLG capsule/bearing, in accordance with the 
Accomplishment Instructions and the flow chart provided in paragraph 
1.N. of BAE Systems (Operations) Limited Alert Service Bulletin J41-
A32-082, Revision 3, dated March 30, 2007.
    (i) For airplanes on which the modification specified in BAE 
Systems (Operations) Limited Service Bulletin J41-A32-084, dated 
November 30, 2005 (Modification JM41670), has not been accomplished, 
repeat the actions specified in paragraph (o)(1) of this AD at 
intervals not to exceed 800 flight hours after the last inspection 
done in accordance with paragraph (o) of this AD.
    (ii) For airplanes on which the modification specified in BAE 
Systems (Operations) Limited Service Bulletin J41-A32-084, dated 
November 30, 2005 (Modification JM41670), has been accomplished, 
repeat the actions specified in paragraph (o)(1) of this AD at 
intervals not to exceed 3,000 flight hours after the last inspection 
done in accordance with paragraph (o) of this AD.
    (2) For NLG capsules that do not have adequate free movement: 
Before further flight, replace the NLG assembly with a serviceable 
assembly in accordance with the Accomplishment Instructions and the 
flow chart provided in paragraph 1.N. of BAE Systems (Operations) 
Limited Alert Service Bulletin J41-A32-082, Revision 3, dated March 
30, 2007. Thereafter, repeat the actions specified in paragraph (o) 
of this AD at the applicable interval specified in paragraph (o)(1) 
of this AD.

Replace the NLG Assembly With a Modified NLG Assembly

    (p) Within 48 months after the effective date of this AD: 
Replace the NLG assembly with a modified assembly, in accordance 
with BAE Systems (Operations) Limited Service Bulletin J41-32-084, 
dated November 30, 2005. Thereafter, repeat the actions specified in 
paragraph (o) of this AD at the applicable interval specified in 
paragraph (o)(1) of this AD.

Parts Installation

    (q) As of the effective date of this AD, no person may install a 
NLG on any airplane unless it has been inspected in accordance with 
paragraph (o) of this AD.

Alternative Methods of Compliance (AMOCs)

    (r) 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.

Related Information

    (s) European Aviation Safety Agency airworthiness directive 
2006-0131, dated May 18, 2006, also addresses the subject of this 
AD.

Material Incorporated by Reference

    (t) You must use the applicable service information specified in 
Table 1 of this AD to perform the actions that are required by this 
AD, unless the AD specifies otherwise.

[[Page 7801]]



                                 Table 1--All Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
          Service information                      Revision level                            Date
----------------------------------------------------------------------------------------------------------------
APPH Service Bulletin AIR83586-32-22..  1..................................  February 2004.
APPH Service Bulletin AIR83586-32-22..  3..................................  December 2006.
APPH Service Bulletin AIR83586-32-25..  Original...........................  October 2005.
BAE Systems (Operations) Limited Alert  1..................................  February 20, 2004.
 Service Bulletin J41-A32-082.
BAE Systems (Operations) Limited Alert  3..................................  March 30, 2007.
 Service Bulletin J41-A32-082.
BAE Systems (Operations) Limited        Original...........................  November 30, 2005.
 Service Bulletin J41-32-084.
----------------------------------------------------------------------------------------------------------------

    (1) The Director of the Federal Register approved the 
incorporation by reference of service information specified in Table 
2 of this AD; in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

                                 Table 2--New Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
          Service information                      Revision level                            Date
----------------------------------------------------------------------------------------------------------------
APPH Service Bulletin AIR83586-32-22..  1..................................  February 2004.
APPH Service Bulletin AIR83586-32-22..  3..................................  December 2006.
APPH Service Bulletin AIR83586-32-25..  Original...........................  October 2005.
BAE Systems (Operations) Limited Alert  3..................................  March 30, 2007.
 Service Bulletin J41-A32-082.
BAE Systems (Operations) Limited        Original...........................  November 30, 2005.
 Service Bulletin J41-32-084.
----------------------------------------------------------------------------------------------------------------

    (2) On August 13, 2004 (69 FR 41413, July 9, 2004), the Director 
of the Federal Register approved the incorporation by reference of 
BAE Systems (Operations) Limited Alert Service Bulletin J41-A32-082, 
Revision 1, dated February 20, 2004.
    (3) For service information identified in this AD, contact the 
following manufacturers, as applicable.
    (i) 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.
    (ii) APPH Ltd., Engineering Division, Unit 1, 8 Pembroke Court, 
Manor Park, Runcorn WA7 1TG, England; telephone +44 01928 532600; 
fax +44 01928 579626; e-mail [email protected]; Internet http://www.apph.co.uk/home.html.
    (4) You may review copies of the service information that is 
incorporated by reference at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington. For 
information on the availability of this material at the FAA, call 
425-227-1221 or 425-227-1152.
    (5) You may also review copies of the service information 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/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on January 9, 2009.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
[FR Doc. E9-3265 Filed 2-19-09; 8:45 am]
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