[Federal Register Volume 74, Number 96 (Wednesday, May 20, 2009)]
[Proposed Rules]
[Pages 23671-23674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11710]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0463; Directorate Identifier 2008-NM-065-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 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:

    A failure mode has been identified that can lead to loss of a 
nose wheel. Any combination of excessive wear and/or adverse 
tolerances on the axle inner cone, outer cone or wheel hub splined 
sleeve cones can result in the loss of the critical gap between the 
inner flange face of the wheel outer cone and the axle end face. If 
this gap is lost, it can result in the wheel having free play along 
the length of the axle. This condition, if not corrected, can result 
in breakage of the wheel nut lock plate leading to unscrewing of the 
wheel retention nut and

[[Page 23672]]

subsequent separation of the nose wheel from the landing gear axle.

* * * * *
    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 June 19, 2009.

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.
    For service information identified in this proposed 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. You may review copies of the referenced service information 
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.

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, 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-2009-0463; 
Directorate Identifier 2008-NM-065-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 2008-0036, dated February 22, 2008 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    A failure mode has been identified that can lead to loss of a 
nose wheel. Any combination of excessive wear and/or adverse 
tolerances on the axle inner cone, outer cone or wheel hub splined 
sleeve cones can result in the loss of the critical gap between the 
inner flange face of the wheel outer cone and the axle end face. If 
this gap is lost, it can result in the wheel having free play along 
the length of the axle. This condition, if not corrected, can result 
in breakage of the wheel nut lock plate leading to unscrewing of the 
wheel retention nut and subsequent separation of the nose wheel from 
the landing gear axle.
    For the reasons described above, this AD requires repetitive 
inspections of the nose landing gear to ensure that the wheels are 
correctly retained and, depending on findings, replacement of worn 
parts.

    Required actions include inspecting the lock plate for damage 
(including excessive wear) and cracking, and replacing the lock plate 
with a new or serviceable part if any damage or cracking is found; 
inspecting the wheel nut for damage, and replacing any damaged nut with 
a new or serviceable part; and measuring the gap between the inner 
flange of the outer cone (at each of the three sections) and the end 
face of the axle to determine if parts are worn, and replacing worn 
parts with new or serviceable parts.
    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-
32-086, dated June 27, 2007. 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 4 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on U.S. operators to be $2,240, or $320 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,

[[Page 23673]]

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, 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 FAA amends Sec.  39.13 by adding the following new AD:

BAE Systems (Operations) Limited (Formerly British Aerospace 
Regional Aircraft): Docket No. FAA-2009-0463; Directorate Identifier 
2008-NM-065-AD.

Comments Due Date

    (a) We must receive comments by June 19, 2009.

Affected ADs

    (b) None.

Applicability

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

Subject

    (d) Air Transport Association (ATA) of America Code 32: Landing 
Gear.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    A failure mode has been identified that can lead to loss of a 
nose wheel. Any combination of excessive wear and/or adverse 
tolerances on the axle inner cone, outer cone or wheel hub splined 
sleeve cones can result in the loss of the critical gap between the 
inner flange face of the wheel outer cone and the axle end face. If 
this gap is lost, it can result in the wheel having free play along 
the length of the axle. This condition, if not corrected, can result 
in breakage of the wheel nut lock plate leading to unscrewing of the 
wheel retention nut and subsequent separation of the nose wheel from 
the landing gear axle.
    For the reasons described above, this AD requires repetitive 
inspections of the nose landing gear to ensure that the wheels are 
correctly retained and, depending on findings, replacement of worn 
parts.
    Required actions include inspecting the lock plate for damage 
(including excessive wear) and cracking, and replacing the lock 
plate with a new or serviceable part if any damage or cracking is 
found; inspecting the wheel nut for damage, and replacing any 
damaged nut with a new or serviceable part; and measuring the gap 
between the inner flange of the outer cone (at each of the three 
sections) and the end face of the axle to determine if parts are 
worn, and replacing worn parts with new or serviceable parts.

Actions and Compliance

    (f) Unless already done, do the following actions for the left 
and right nose wheel attachments to the axle.
    (1) Within 3 months after the effective date of this AD, inspect 
the lock plate for damage (including excessive wear) and cracking, 
inspect the wheel nut for damage, and measure the gap between the 
inner flange of the outer cone and the end face of the axle to 
determine if parts are worn, in accordance with paragraph 2.B. of 
BAE Systems (Operations) Limited Service Bulletin J41-32-086, dated 
June 27, 2007.
    (2) If, during any inspection required by paragraph (f)(1) of 
this AD, any damage or cracking of the lock plate is found, before 
further flight, replace the lock plate with a new or serviceable 
part, in accordance with paragraph 2.B. of BAE Systems (Operations) 
Limited Service Bulletin J41-32-086, dated June 27, 2007.
    (3) If, during any inspection required by paragraph (f)(1) of 
this AD, any damage of the wheel nut is found, before further 
flight, replace the wheel nut with a new or serviceable part, in 
accordance with paragraph 2.B. of BAE Systems (Operations) Limited 
Service Bulletin J41-32-086, dated June 27, 2007.
    (4) If, during any measurement required by paragraph (f)(1) of 
this AD, the measured gap size is found to be less than 0.002 inch 
(0.05 mm), before further flight, replace any worn parts with new or 
serviceable parts, in accordance with paragraph 2.B. of BAE Systems 
(Operations) Limited Service Bulletin J41-32-086, dated June 27, 
2007. Within 3,000 flight hours after doing the replacement, repeat 
the actions for the left and right nose wheel attachments to the 
axle that are required by paragraph (f)(1) of this AD.
    (5) If, during any measurement required by paragraph (f)(1) of 
this AD, the measured gap size is equal to or more than 0.002 inch 
(0.05 mm), repeat the actions for the left and right nose wheel 
attachments to the axle that are required by paragraph (f)(1) of 
this AD thereafter at intervals not to exceed the value indicated in 
Table 1 of this AD, depending on the exact finding. If, during any 
repeat inspection, the finding has changed to another value (see 
Table 1), adjust the new interval accordingly.

                  Table 1--Repeat Inspection Intervals
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                                             Repeat inspection interval
             Measured gap size                     in flight hours
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0.002 inch to 0.005 inch inclusive (0.05/   500 flight hours.
 0.13 mm).
Greater than 0.005 inch to less than or     1,000 flight hours.
 equal to 0.010 inch (0.13/0.25 mm).
Greater than 0.010 inch to less than or     2,000 flight hours.
 equal to 0.020 inch (0.25/0.51 mm).
Greater than 0.020 inch (0.51 mm).........  3,000 flight hours.
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    Note 1:  Replacement of parts does not constitute terminating 
action for the inspection requirements of this AD.

FAA AD Differences

    Note 2:  This AD differs from the MCAI and/or service 
information as follows: Although BAE Systems (Operations) Limited 
Service Bulletin J41-32-086, dated June 27, 2007, does not specify 
an inspection following the replacement of the left and right nose 
wheel attachment to the axle for measurements less than 0.002 inch, 
paragraph (f)(4) of this AD requires an inspection within 3,000 
flight hours after replacing the part.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, FAA, has the authority to approve

[[Page 23674]]

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 principal 
maintenance inspector (PMI) or principal avionics inspector (PAI), 
as appropriate, or lacking a principal inspector, your local Flight 
Standards District Office.
    (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 European Aviation Safety Agency (EASA) 
Airworthiness Directive 2008-0036, dated February 22, 2008; and BAE 
Systems (Operations) Limited Service Bulletin J41-32-086, dated June 
27, 2007; for related information.

    Issued in Renton, Washington, on May 7, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-11710 Filed 5-19-09; 8:45 am]
BILLING CODE 4910-13-P