[Federal Register Volume 75, Number 33 (Friday, February 19, 2010)]
[Proposed Rules]
[Pages 7405-7407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3190]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 75, No. 33 / Friday, February 19, 2010 / 
Proposed Rules  

[[Page 7405]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0123; Directorate Identifier 2010-CE-004-AD]
RIN 2120-AA64


Airworthiness Directives; British Aerospace Regional Aircraft 
Model Jetstream Series 3101 and Jetstream Model 3201 Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

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:

    BAE Systems have received three reports of uncommanded flap 
extensions affecting different Jetstream 31 aeroplanes. In one 
instance, the aeroplane exceeded the airspeed limit allowed for the 
uncommanded flap configuration, resulting in damage to the wing 
trailing edge.
    Following investigation, it was considered that a loss of 
electrical signal to the ``up'' solenoid of the flap selector valve 
had occurred and, combined with the normal internal leakage in the 
hydraulic system, resulted in hydraulic pressure being supplied to 
the ``down'' side of the flap hydraulic jack. The loss of signal 
could have been intermittent, and the evidence strongly implicated 
oxide debris contamination of the flap selector switch contacts.
    This condition, if not corrected, could lead to further cases of 
damage to the aeroplane due to airspeed limit exceedance, possibly 
resulting in asymmetric flap deployment, which could lead to loss of 
control of the aeroplane.

DATES: We must receive comments on this proposed AD by April 5, 2010.

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.

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: 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:

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-2010-0123; 
Directorate Identifier 2010-CE-004-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

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
AD No.: 2009-0267, dated December 17, 2009 (referred to after this as 
``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    BAE Systems have received three reports of uncommanded flap 
extensions affecting different Jetstream 31 aeroplanes. In one 
instance, the aeroplane exceeded the airspeed limit allowed for the 
uncommanded flap configuration, resulting in damage to the wing 
trailing edge.
    Following investigation, it was considered that a loss of 
electrical signal to the ``up'' solenoid of the flap selector valve 
had occurred and, combined with the normal internal leakage in the 
hydraulic system, resulted in hydraulic pressure being supplied to 
the ``down'' side of the flap hydraulic jack. The loss of signal 
could have been intermittent, and the evidence strongly implicated 
oxide debris contamination of the flap selector switch contacts.
    This condition, if not corrected, could lead to further cases of 
damage to the aeroplane due to airspeed limit exceedance, possibly 
resulting in asymmetric flap deployment, which could lead to loss of 
control of the aeroplane.
    To address this unsafe condition, BAE Systems have developed a 
modification for the wiring to the flap selector switch, connecting 
a different (unused) pair of contacts to provide a duplicated signal 
path within the switch.
    For the reasons described above, this AD requires the 
modification of the flap selector switch wiring.

You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    BAE Systems has issued British Aerospace Jetstream Series 3100 & 
3200 Service Bulletin 27-JM7861, dated February 12, 2008. The actions 
described in this service information are intended to correct the 
unsafe condition identified in the MCAI.

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 this State of

[[Page 7406]]

Design Authority, they have notified us of the unsafe condition 
described in the MCAI and service information referenced above. We are 
proposing this AD because we evaluated all information and determined 
the unsafe condition exists and is likely to exist or develop on other 
products of the same type design.

Differences Between This Proposed 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

    We estimate that this proposed AD will affect 190 products of U.S. 
registry. We also estimate that it would take about 5 work-hours per 
product to comply with the basic requirements of this proposed AD. The 
average labor rate is $85 per work-hour. Required parts would cost 
about $50 per product.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $90,250, or $475 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 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:

British Aerospace Regional Aircraft: Docket No. FAA-2010-0123; 
Directorate Identifier 2010-CE-004-AD.

Comments Due Date

    (a) We must receive comments by April 5, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Jetstream Series 3101 and Jetstream Model 
3201 airplanes, all serial numbers, certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 27: Flight 
Controls.

Reason

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

    BAE Systems have received three reports of uncommanded flap 
extensions affecting different Jetstream 31 aeroplanes. In one 
instance, the aeroplane exceeded the airspeed limit allowed for the 
uncommanded flap configuration, resulting in damage to the wing 
trailing edge.
    Following investigation, it was considered that a loss of 
electrical signal to the `up' solenoid of the flap selector valve 
had occurred and, combined with the normal internal leakage in the 
hydraulic system, resulted in hydraulic pressure being supplied to 
the `down' side of the flap hydraulic jack. The loss of signal could 
have been intermittent, and the evidence strongly implicated oxide 
debris contamination of the flap selector switch contacts.
    This condition, if not corrected, could lead to further cases of 
damage to the aeroplane due to airspeed limit exceedance, possibly 
resulting in asymmetric flap deployment, which could lead to loss of 
control of the aeroplane.
    To address this unsafe condition, BAE Systems have developed a 
modification for the wiring to the flap selector switch, connecting 
a different (unused) pair of contacts to provide a duplicated signal 
path within the switch.
    For the reasons described above, this AD requires the 
modification of the flap selector switch wiring.

Actions and Compliance

    (f) Unless already done, within 6 months after the effective 
date of this AD, install modification JM7861, Introduction of a Wire 
Link to Flap Selector Switch, following the accomplishment 
instructions of BAE Systems British Aerospace Jetstream Series 3100 
& 3200 Service Bulletin 27-JM7861, dated February 12, 2008.

FAA AD Differences

    Note:  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, 
Standards Office, 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.

[[Page 7407]]

    (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 MCAI European Aviation Safety Agency AD No.: 2009-
0267, dated December 17, 2009; and BAE Systems British Aerospace 
Jetstream Series 3100 & 3200 Service Bulletin 27-JM7861, dated 
February 12, 2008, for related information.

    Issued in Kansas City, Missouri, on February 8, 2010.
Steven W. Thompson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-3190 Filed 2-18-10; 8:45 am]
BILLING CODE 4910-13-P