[Federal Register Volume 75, Number 89 (Monday, May 10, 2010)]
[Proposed Rules]
[Pages 25785-25788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10996]


 ========================================================================
 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. 89 / Monday, May 10, 2010 / Proposed 
Rules  

[[Page 25785]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0474; Directorate Identifier 2009-NM-056-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above that would supersede an existing AD. 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: During ground maneuvering, 
prolonged operation with either engine in the restricted range between 
82% and 90% RPM [revolutions per minute] will result in damage [e.g., 
cracking of the blade or hub] to the propeller assembly that could 
eventually result in the release of a propeller blade. EASA AD 2007-
0268 [which corresponds to FAA AD 2008-13-02] was issued to require the 
installation of a Propeller Warning Placard and implementation of a 
corresponding Aircraft Flight Manual (AFM) limitation instructing the 
flight crew to taxi with the condition lever at FLIGHT in order to 
minimise the time spent by the engines in the restricted range. BAE 
Systems has now developed a Propeller Speed Warning System.
    A released propeller blade could result in engine failure and loss 
of control of the airplane. 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 24, 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 W12-40, 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.

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-2010-0474; 
Directorate Identifier 2009-NM-056-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 have lengthened the 30-day comment period for proposed ADs that 
address MCAI originated by aviation authorities of other countries to 
provide adequate time for interested parties to submit comments. The 
comment period for these proposed ADs is now typically 45 days, which 
is consistent with the comment period for domestic transport ADs.
    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 June 10, 2008, we issued AD 2008-13-02, Amendment 39-15565 (73 
FR 34847, June 19, 2008). That AD requires actions intended to address 
an unsafe condition on the products listed above.
    Since we issued AD 2008-13-02, inadvertent high revolutions per 
minute (RPM) taxiing operations have been reported to have caused 
stress to the propeller blades, which can result in dangerous blade 
cracks. The European Aviation Safety Agency (EASA), which is the 
Technical Agent for the Member States of the European Community, has 
issued EASA Airworthiness Directive 2009-0038, dated February 18, 2009 
(referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. The MCAI states:

    During ground manoeuvring, prolonged operation with either 
engine in the restricted range between 82% and 90% RPM [revolutions 
per minute] will result in damage [e.g., cracking of the blade or 
hub] to the propeller assembly that could eventually result in the 
release of a propeller blade.
    To correct this unsafe condition, EASA AD 2007-0268 [which 
corresponds to FAA AD 2008-13-02] was issued to require the 
installation of a Propeller Warning Placard and implementation of a 
corresponding

[[Page 25786]]

Aircraft Flight Manual (AFM) limitation, instructing the flight crew 
to taxi with the condition lever at FLIGHT in order to minimize the 
time spent by the engines in the restricted range. BAE Systems has 
now developed a Propeller Speed Warning System, embodiment of which 
will allow taxiing with the condition lever at TAXI, through the 
introduction of a revised Flight Manual Limitation.
    For the reasons described above, this EASA AD retains the 
requirements of EASA AD 2007-0268, which is superseded, and requires 
the installation of a Propeller Speed Warning System.

A released propeller blade could result in engine failure and loss of 
control of the airplane. You may obtain further information by 
examining the MCAI in the AD docket.

Relevant Service Information

    BAE Systems (Operations) Limited has issued Aircraft Change 
Information Bulletin J41-61-014, Section 2, Issue 7, dated August 17, 
2009. 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 3 products of U.S. registry.
    The actions that are required by AD 2008-13-02 and retained in this 
proposed AD take about 2 work-hours per product, at an average labor 
rate of $85 per work hour. Required parts cost about $25 per product. 
Based on these figures, the estimated cost of the currently required 
actions is $195 per product.
    We estimate that it would take about 20 work-hours per product to 
comply with the new basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Required parts would cost about $2,800 
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 $14,085, or $4,695 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 removing Amendment 39-15565 (73 FR 
34847, June 19, 2008) and adding the following new AD:

BAE Systems (Operations) Limited: Docket No. FAA-2010-0474; 
Directorate Identifier 2009-NM-056-AD.

Comments Due Date

    (a) We must receive comments by June 24, 2010.

Affected ADs

    (b) The proposed AD supersedes AD 2008-13-02, Amendment 39-
15565.

Applicability

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

Subject

    (d) Air Transport Association (ATA) of America Code 61: 
Propellers/Propulsors.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    During ground maneuvreing, prolonged operation with either 
engine in the restricted range between 82% and 90% RPM [revolutions 
per minute] will result in damage [e.g., cracking of the blade or 
hub] to the propeller assembly that could eventually result in the 
release of a propeller blade.
    To correct this unsafe condition, EASA AD 2007-0268 [which 
corresponds to FAA AD 2008-13-02] was issued to require the 
installation of a Propeller Warning Placard

[[Page 25787]]

and implementation of a corresponding Aircraft Flight Manual (AFM) 
limitation, instructing the flight crew to taxi with the condition 
lever at FLIGHT in order to minimize the time spent by the engines 
in the restricted range. BAE Systems has now developed a Propeller 
Speed Warning System, embodiment of which will allow taxiing with 
the condition lever at TAXI, through the introduction of a revised 
Flight Manual Limitation.
    For the reasons described above, this EASA AD retains the 
requirements of EASA AD 2007-0268, which is superseded, and requires 
the installation of a Propeller Speed Warning System.

A released propeller blade could result in engine failure and loss 
of control of the airplane.

Compliance

    (f) 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 Requirements of AD-2008-13-02 With New Requirements

Actions

    (g) Within 90 days after July 24, 2008 (the effective date of AD 
2008-13-02), 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 Flight Manual (FM) to 
include the information in BAE Jetstream Series 4100 General 
Amendment G12, approved January 2007; and BAE Jetstream Series 4100 
Advance Amendment Bulletin 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 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 13.

    Note 1:  This may be done by inserting copies of General 
Amendment G12 and Advance Amendment Bulletin 13 into the FM. When 
General Amendment G12 and Advance Amendment Bulletin 13 have been 
included in general revisions of the FM, the general revisions may 
be inserted in the FM, provided the relevant information in the 
general revision is identical to that in General Amendment G12 and 
Advance Amendment Bulletin 13.

New Requirements of This AD

Actions

    (h) Unless already done, do the following actions.
    (1) Within 6 months after the effective date of this AD, install 
a Propeller Speed Warning System (modification JM41674), in 
accordance with Section 2 of BAE Systems (Operations) Limited 
Aircraft Change Information Bulletin J41-61-014, Issue 7, dated 
August 17, 2009. Before further flight after modification, do the 
actions required in paragraphs (h)(1)(i) and (h)(1)(ii) of this AD.
    (i) Remove the placard that was installed as required by 
paragraph (g)(1) of this AD.
    (ii) Remove BAE Jetstream Series 4100 Advance Amendment Bulletin 
13, approved April 4, 2007, from the FM.
    (2) Within 6 months after the effective date of this AD, revise 
the BAE Jetstream Series 4100 FM using a method approved in 
accordance with the procedures specified in paragraph (i) of this 
AD.

    Note 2:  Guidance on revising the BAE Jetstream Series 4100 FM, 
as required by paragraph (h)(2) of this AD, can be found in BAE 
Jetstream Series 4100 Particular Amendment 111, approved July 27, 
2009.

FAA AD Differences

    Note 3:  This AD differs from the MCAI and/or service 
information as follows: No differences.

Other FAA AD Provisions

    (i) 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 principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office. 
The AMOC approval letter must specifically reference this AD.
    (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 (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

    (j) Refer to MCAI European Aviation Safety Agency (EASA) 
Airworthiness Directive 2009-0038, dated February 18, 2009; and the 
service information identified in Table 1 of this AD; for related 
information.

                      Table 1--Service Information
------------------------------------------------------------------------
               Service information                         Date
------------------------------------------------------------------------
BAE Jetstream Series 4100 Advance Amendment       April 4, 2007.
 Bulletin 13 to the Jetstream Series 4100 Flight
 Manual.
BAE Jetstream Series 4100 General Amendment G12   January 2007.
 to the Jetstream Series 4100 Flight Manual.
BAE Systems (Operations) Limited Aircraft Change  August 17, 2009.
 Information Bulletin J41-61-014, Section 2,
 Issue 7.
BAE Systems (Operations) Limited Service          March 29, 2007.
 Bulletin J41-11-027.
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[[Page 25788]]

    Issued in Renton, Washington, on April 30, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.

[FR Doc. 2010-10996 Filed 5-7-10; 8:45 am]
BILLING CODE 4910-13-P