[Federal Register Volume 86, Number 216 (Friday, November 12, 2021)]
[Proposed Rules]
[Pages 62742-62744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24539]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 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.
 
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 

  Federal Register / Vol. 86, No. 216 / Friday, November 12, 2021 / 
Proposed Rules  

[[Page 62742]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0961; Project Identifier MCAI-2021-00924-A]
RIN 2120-AA64


Airworthiness Directives; British Aerospace (Operations) Limited 
and British Aerospace Regional Aircraft Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain British Aerospace (Operations) Limited and British 
Aerospace Regional Aircraft Model Jetstream Series 200, Jetstream Model 
3101, and Jetstream Model 3201 airplanes. This proposed AD was prompted 
by 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 identifies the unsafe 
condition as a bent control rod within the gust lock system, which may 
enable both power levers to be pushed into the flight range with the 
gust lock lever fully engaged. This proposed AD would require replacing 
the push rod assembly with a modified push rod assembly. The FAA is 
proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by December 
27, 2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact BAE 
Systems (Operations) Ltd, Customer Information Department, Prestwick 
International Airport, Ayrshire, KA9 2RW, Scotland, United Kingdom; 
phone: +44 3300 488727; fax: +44 1292 675704; email: 
[email protected]; website: https://www.baesystems.com/Businesses/RegionalAircraft/.
    You may view this service information at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 901 Locust, Kansas City, 
MO 64106. For information on the availability of this material at the 
FAA, call (816) 329-4148.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0961; or in person at 
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The AD docket contains this NPRM, the MCAI, 
any comments received, and other information. The street address for 
Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT:  Doug Rudolph, Aviation Safety 
Engineer, General Aviation & Rotorcraft Section, International 
Validation Branch, FAA, 901 Locust, Room 301, Kansas City, MO 64106; 
phone: (816) 329-4059; fax: (816) 329-4090; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2021-0961; Project Identifier 
MCAI-2021-00924-A'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to Doug 
Rudolph, Aviation Safety Engineer, General Aviation & Rotorcraft 
Section, International Validation Branch, FAA, 901 Locust, Room 301, 
Kansas City, MO 64106. Any commentary that the FAA receives which is 
not specifically designated as CBI will be placed in the public docket 
for this rulemaking.

Background

    The Civil Aviation Authority (CAA), which is the aviation authority 
for the United Kingdom, has issued CAA AD G-2021-0005, dated August 3, 
2021 (referred to after this as ``the MCAI''), to address an unsafe 
condition on certain serial-numbered BAE Systems (Operations) Ltd Model 
Jetstream Series 3100 and Series 3200 airplanes. The MCAI states:

    On 8 October 2019, a Jetstream Series 3200 aircraft aborted 
take-off at a speed of approximately 130 kt and veered off the 
runway. The investigation into the serious incident concluded the 
take-off was initiated with an engaged Gust Lock Mechanism,

[[Page 62743]]

resulting in a temporary loss of aircraft control. Damage was 
identified in the Gust Lock mechanism, which allowed both power 
levers to be moved beyond flight idle with the gust locks engaged.
    The serious incident investigation determined that a bent 
control rod within the gust lock system made it possible to move 
both power levers simultaneously to the max position, even though 
the gust locks were still engaged.
    The gust-lock system is designed to lock and prevent damage to 
the control surfaces when the aircraft is parked during gusting wind 
conditions. The system contains a mechanical baulk which prevents 
both power levers from being moved beyond the flight idle position 
when the gust locks are engaged.
    Three previous occurrences in which a bent control rod enabled 
both power levers to be moved simultaneously beyond the flight idle 
position while the gust lock system was engaged have been identified 
by the Type Certificate Holder. Service Bulletin 27-JM 5350 was 
first published in 1992 to introduce a stronger control rod.
    This condition, if not prevented, could lead to partial or total 
loss of aircraft control. To address this potential unsafe 
condition, this [CAA] AD mandates the installation of a modified 
push rod assembly.
    BAE Systems operating manuals contain pre-flight checks that are 
designed to ensure the gust locks are not engaged during take-off.
    You may examine the MCAI in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0961.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Jetstream Series 3100/3200 Service Bulletin 27-
JM5350, Revision 1, dated May 6, 1994. This service information 
specifies procedures for replacing push rod assembly part number (P/N) 
137201E419 with push rod assembly P/N 137201E429. This service 
information is reasonably available because the interested parties have 
access to it through their normal course of business or by the means 
identified in ADDRESSES.

FAA's Determination

    This product has been approved by the aviation authority of another 
country and is approved for operation in the United States. Pursuant to 
the FAA's bilateral agreement with this State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI and 
service information referenced above. The FAA is issuing this NPRM 
after determining the unsafe condition described previously is likely 
to exist or develop on other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in the service information already described, except as discussed under 
``Differences Between this Proposed AD and the MCAI.''

Differences Between This Proposed AD and the MCAI

    The MCAI does not apply to the Model Jetstream Series 200, whereas 
this proposed AD would include the Model Jetstream Series 200 because 
this model has an FAA type certificate and shares a similar type design 
in the affected area. The MCAI and service information apply to Model 
Jetstream Series 3100 and Jetstream Series 3200 airplanes, which are 
identified on the FAA type certificates as Jetstream Model 3101 and 
Jetstream Model 3201 airplanes, respectively.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 43 airplanes of U.S. registry.
    The FAA also estimates that it would take about 6 work-hours per 
airplane to replace the push rod assembly. The average labor rate is 
$85 per work-hour. Required parts would cost about $300 per airplane.
    Based on these figures, the FAA estimates the cost of the proposed 
AD on U.S. operators to be $34,830 or $810 per airplane.

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.
    The FAA is 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

    The FAA 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) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

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

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 FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

British Aerospace (Operations) Limited and British Aerospace 
Regional Aircraft: Docket No. FAA-2021-0961; Project Identifier 
MCAI-2021-00924-A.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by December 27, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to British Aerospace (Operations) Limited and 
British Aerospace Regional Aircraft Model Jetstream Series 200, 
Jetstream Model 3101, and Jetstream Model 3201 airplanes, serial 
numbers 1 through 927 and 929 through 936 inclusive, certificated in 
any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 2770, Gust Lock/
Damper System.

(e) Unsafe Condition

    This AD was prompted by mandatory continuing airworthiness 
information (MCAI) originated by an aviation authority of another 
country to identify and correct an unsafe

[[Page 62744]]

condition on an aviation product. The MCAI describes the unsafe 
condition as a bent control rod within the gust lock system, which 
may enable both power levers to be pushed into the flight range with 
the gust lock lever fully engaged. The FAA is issuing this AD to 
detect and correct bent push rod assemblies of the power lever baulk 
system. The unsafe condition, if not addressed, could result in loss 
of airplane control.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Action

    Within 2 years after the effective date of this AD, replace push 
rod assembly part number (P/N) 137201E419 with push rod assembly P/N 
137201E429 by following the Accomplishment Instructions, sections 
2.A. through 2.C. in Jetstream Series 3100/3200 Service Bulletin 27-
JM 5350, Revision 1, dated May 6, 1994.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the certification office, send it to the 
attention of the person identified in paragraph (i)(1) of this AD or 
email: [email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(i) Related Information

    (1) For more information about this AD, contact Doug Rudolph, 
Aviation Safety Engineer, General Aviation & Rotorcraft Section, 
International Validation Branch, FAA, 901 Locust, Room 301, Kansas 
City, MO 64106; phone: (816) 329-4059; fax: (816) 329-4090; email: 
[email protected].
    (2) For the Jetstream Series 3100/3200 service information 
identified in this AD, contact BAE Systems (Operations) Ltd, 
Customer Information Department, Prestwick International Airport, 
Ayrshire, KA9 2RW, Scotland, United Kingdom; phone: +44 3300 488727; 
fax: +44 1292 675704; email: [email protected]; website: 
https://www.baesystems.com/Businesses/RegionalAircraft/. You may 
view this service information at the FAA, Airworthiness Products 
Section, Operational Safety Branch, 901 Locust, Kansas City, MO 
64106. For information on the availability of this material at the 
FAA, call (816) 329-4148.

    Issued on November 2, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-24539 Filed 11-10-21; 8:45 am]
BILLING CODE 4910-13-P