[Federal Register Volume 88, Number 143 (Thursday, July 27, 2023)]
[Proposed Rules]
[Pages 48393-48396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15917]


 ========================================================================
 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. 88, No. 143 / Thursday, July 27, 2023 / 
Proposed Rules  

[[Page 48393]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1643; Project Identifier MCAI-2022-01649-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).

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

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2017-19-22, which applies to British Aerospace Regional Aircraft 
Jetstream Series 3101 and Jetstream Model 3201 airplanes. AD 2017-19-22 
requires incorporating BAE Systems' Corrosion Prevention and Control 
program into the Airworthiness Limitations Section (ALS) of the 
existing instructions for continued airworthiness (ICA) for your 
airplane, which adds new and more restrictive inspections for corrosion 
that include inspecting the door hinges/supporting structure and 
attachment bolts for the main spar joint and engine support, and the 
rudder hinge location on the vertical stabilizer, and applicable 
corrective actions. Since the FAA issued AD 2017-19-22, the Civil 
Aviation Authority (CAA) of the United Kingdom superseded the mandatory 
continuing airworthiness information (MCAI) issued by the European 
Aviation Safety Agency (EASA) to correct an unsafe condition on these 
products. This proposed AD would require revising the ALS of the 
existing ICA for your airplane. The FAA is proposing this AD to address 
the unsafe condition on these products.

DATES: The FAA must receive comments on this NPRM by September 11, 
2023.

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 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.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1643; 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.
    Material Incorporated by Reference:
     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: 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 (817) 222-5110. It is also available at 
regulations.gov under Docket No. FAA-2023-1643.

FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Westbury, NY 11590; phone: (816) 
329-4059; 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-2023-1643; Project Identifier 
MCAI-2022-01649-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 
the 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 
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, FAA, 1600 Stewart Avenue, Westbury, 
NY 11590. 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 FAA issued AD 2017-19-22, Amendment 39-19052 (82 FR 44502, 
September 25, 2017) (AD 2017-19-22), for all British Aerospace Regional 
Aircraft Jetstream Series 3101 and Jetstream Model 3201 airplanes. AD 
2017-19-22 was prompted by MCAI originated by EASA, which is the 
Technical Agent for the Member States of the European Union. EASA 
issued EASA AD 2017-0073, dated April 27, 2017 (EASA AD 2017-0073) to 
correct an unsafe condition identified as findings of extensive 
corrosion in areas covered by an existing zonal inspection.

[[Page 48394]]

EASA AD 2017-0073 described the unsafe condition as both the need for 
newly added inspections for corrosion, which includes inspecting the 
door hinges/supporting structure and attachment bolts for the main spar 
joint and engine support, and inadequate existing instructions for 
inspection for corrosion of several areas including the rudder hinge 
location on the vertical stabilizer.
    AD 2017-19-22 requires incorporating new revisions to the ALS of 
the existing ICA for your airplane to incorporate new and more 
restrictive inspections for corrosion, which include inspecting the 
door hinges/supporting structure and attachment bolts of the main spar 
joint and engine support, and the hinge location on the vertical 
stabilizer, and repair or replacement, as applicable. The FAA issued AD 
2017-19-22 to address corrosion on the rudder upper hinge bracket and 
internal wing, areas of the passenger/crew door hinges and supporting 
structure, the main spar joint, and the engine support attachment 
bolts, which could lead to reduced structural integrity with consequent 
loss of control.

Actions Since AD 2017-19-22 Was Issued

    Since the FAA issued AD 2017-19-22, the CAA of the United Kingdom 
superseded EASA AD 2017-0073 and issued CAA AD G-2022-0021, dated 
December 21, 2022 (CAA AD G-2022-0021) (referred to after this as ``the 
MCAI'') for all BAE Systems (Operations) Limited Jetstream Series 3100 
and 3200 airplanes. The MCAI states that reports were received of 
corrosion on the rudder tab hinges, fuselage skin beneath the marker 
beacon antenna external doubler, and fuselage skin beneath the static 
vent external doubler, resulting in the need for new and more 
restrictive inspection requirements. The MCAI requires accomplishing 
the actions specified in BAE Systems Jetstream Series 3100 & 3200 
Corrosion Prevention and Control Programme, Manual Ref: JS/CPCP/01, 
Revision 9, dated April 15, 2022 (BAE Systems CPCP Manual JS/CPCP/01, 
Revision 9) within the associated threshold and intervals specified in 
BAE Systems CPCP Manual JS/CPCP/01, Revision 9. Consequently, this 
proposed AD would require revising the ALS of the existing ICA for your 
approved maintenance or inspection program, as applicable, by including 
new actions, which include inspecting the rudder tab hinges, fuselage 
skin beneath the marker beacon antenna external doubler, and fuselage 
skin beneath the static vent external doubler for corrosion, and 
depending on the inspection results, performing applicable corrective 
actions.
    The FAA is proposing this AD to address corrosion on the rudder tab 
hinges, fuselage skin beneath the marker beacon antenna external 
doubler, and fuselage skin beneath the static vent external doubler. 
The unsafe condition, if not addressed, could lead to reduced 
structural integrity of the affected parts with consequent loss of 
control of the airplane.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1643.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed BAE Systems CPCP Manual JS/CPCP/01, Revision 9. 
This service information specifies procedures for a comprehensive 
corrosion prevention and control program.
    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

    These products have been approved by the aviation authority of 
another country and are 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 described above. The FAA is issuing this NPRM after 
determining that 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 retain none of the requirements of AD 2017-
19-22. This proposed AD would require revising the ALS of the existing 
ICA for your approved maintenance or inspection program. The revision 
to the ALS of the existing ICA specified in this proposed AD may be 
performed by the owner/operator (pilot) holding at least a private 
pilot certificate and must be entered into the aircraft records showing 
compliance with this AD in accordance with 14 CFR 43.9(a) and 14 CFR 
91.417(a)(2)(v). The record must be maintained as required by 14 CFR 
91.417, 121.380, or 135.439.

Differences Between This Proposed AD and the MCAI

    The MCAI applies 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.
    The MCAI specifies contacting BAE for approved corrective actions 
instructions and this proposed AD would require, for certain corrective 
actions, contacting the Manager, International Validation Branch, FAA; 
CAA of the United Kingdom; British Aerospace (Operations) Limited's 
Design Organization Approval (DOA) (for Jetstream Series 3101); or 
British Aerospace Regional Aircraft's DOA (for Jetstream Model 3201) 
for approved corrective action instructions and accomplishing those 
instructions accordingly. If approved by the DOA, the approval must 
include the DOA-authorized signature.
    The MCAI requires revising the existing aircraft maintenance 
program (AMP) to introduce the actions specified in BAE Systems CPCP 
Manual JS/CPCP/01, Revision 9. After the AMP is revised, the MCAI does 
not require recording AD compliance on a continued basis each time an 
action in the revised AMP is performed. The AMP is not required for 
U.S. operators for the affected airplanes; however, this proposed AD 
would require incorporating BAE Systems CPCP Manual JS/CPCP/01, 
Revision 9, into the ALS of the existing ICA for your airplane, which 
has the same intended result as revising the AMP of not needing to 
record compliance with the proposed AD each time an individual action 
is accomplished.
    The MCAI requires doing all actions in BAE Systems CPCP Manual JS/
CPCP/01, Revision 9, from the effective date of CAA AD G-2022-0021 and 
this proposed AD would require doing all actions in BAE Systems CPCP 
Manual JS/CPCP/01, Revision 9, at the compliance times specified in 
that manual or within 12 months after the effective date of the 
proposed AD, whichever occurs later, except for the actions identified 
in paragraph (g)(3) of this proposed AD.
    BAE Systems CPCP Manual JS/CPCP/01, Revision 9 specifies reporting 
of Level 2 and Level 3 corrosion, and this proposed AD would not.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 42 airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this proposed 
AD:

[[Page 48395]]



                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Revise the ICA......................  1 work-hour x $85 per                $0              $85           $3,570
                                       hour = $85.
----------------------------------------------------------------------------------------------------------------

    The scope of damage found while performing in the actions specified 
in BAE Systems CPCP Manual JS/CPCP/01, Revision 9, could vary 
significantly from airplane to airplane. The FAA has no data to 
determine the costs to repair or replace damaged parts on each airplane 
or the number of airplanes that may require repair.

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 that the 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:
0
a. Removing Airworthiness Directive 2017-19-22, Amendment 39-19052 (82 
FR 44502, September 25, 2017); and
0
b. Adding the following new airworthiness directive:

British Aerospace (Operations) Limited and British Aerospace 
Regional Aircraft: Docket No. FAA-2023-1643; Project Identifier 
MCAI-2022-01649-A.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by September 11, 2023.

(b) Affected ADs

    This AD replaces AD 2017-19-22, Amendment 39-19052 (82 FR 44502, 
September 25, 2017).

(c) Applicability

    This AD applies to British Aerospace (Operations) Limited Model 
Jetstream Model 3101 airplanes and British Aerospace Regional 
Aircraft Model Jetstream Model 3201 airplanes, all serial numbers, 
certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 2721, Rudder Tab 
Control System; 5330, Fuselage Main, Plate/Skin.

(e) Unsafe Condition

    This AD was prompted by reports of corrosion on the rudder tab 
hinges, fuselage skin beneath the marker beacon antenna external 
doubler, and fuselage skin beneath the static vent external doubler. 
The FAA is issuing this AD to detect and correct corrosion on the 
rudder tab hinges, fuselage skin beneath the marker beacon antenna 
external doubler, and fuselage skin beneath the static vent external 
doubler. The unsafe condition, if not addressed, could lead to 
reduced structural integrity of the affected parts with consequent 
loss of control of the airplane.

(f) Compliance

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

(g) Required Actions

    (1) Before further flight after the effective date of this AD, 
revise the Airworthiness Limitations Section of the existing 
instructions for continued airworthiness for your approved 
maintenance or inspection program, as applicable, by incorporating 
the actions and associated thresholds and intervals, including life 
limits, specified in BAE Systems Jetstream Series 3100 & 3200 
Corrosion Prevention and Control Programme, Manual Ref: JS/CPCP/01, 
Revision 9, dated April 15, 2022 (BAE Systems CPCP Manual JS/CPCP/
01, Revision 9).
    (2) The actions required by paragraph (g)(1) of this AD may be 
performed by the owner/operator (pilot) holding at least a private 
pilot certificate and must be entered into the aircraft records 
showing compliance with this AD in accordance with 14 CFR 43.9(a) 
and 14 CFR 91.417(a)(2)(v). The record must be maintained as 
required by 14 CFR 91.417, 121.380, or 135.439.
    (3) Do all the actions in BAE Systems CPCP Manual JS/CPCP/01, 
Revision 9, as follows:
    (i) For all tasks other than 130/EX/01 C3, 140/EX/01 C2, 150/EX/
01 C2, 150/EX/01 C3, 150/EX/01 C4, and 200/EX/01 C3: At the 
compliance times specified in BAE Systems CPCP Manual JS/CPCP/01, 
Revision 9, or within 12 months after the effective date of this AD, 
whichever occurs later.
    (ii) For tasks 130/EX/01 C3, 140/EX/01 C2, 150/EX/01 C2, 150/EX/
01 C3, 150/EX/01 C4, and 200/EX/01 C3: Within 12 months after the 
effective date of this AD.
    (4) If any discrepancy, as identified in BAE Systems CPCP Manual 
JS/CPCP/01, Revision 9, is found during any inspection or task 
required by paragraph (g)(3) of this AD, repair or replace, as 
applicable, all damaged structural parts and components and do the 
maintenance procedures for corrective action in accordance with and 
at the compliance time specified in BAE Systems CPCP Manual JS/CPCP/
01, Revision 9, except reporting Level 2 and Level 3 corrosion and 
reporting cracks or other structural defects are not required. If no 
compliance time is defined, do the applicable corrective action 
before further flight.
    (5) If during any inspection or task required by paragraph 
(g)(3) of this AD, any discrepancy is found that is not identified 
in paragraph (g)(4) of this AD or is beyond the repairable limits 
specified in paragraph (g)(4) of this AD, before further flight, 
contact either the Manager, International Validation

[[Page 48396]]

Branch, FAA; CAA of the United Kingdom; British Aerospace 
(Operations) Limited's Design Organization Approval (DOA) (for 
Jetstream Series 3101); or British Aerospace Regional Aircraft's DOA 
(for Jetstream Model 3201) for approved corrective action 
instructions and accomplish those instructions accordingly. If 
approved by the DOA, the approval must include the DOA-authorized 
signature.

(h) Provisions for Alternative Actions and Intervals

    After the action required by paragraph (g)(1) of this AD has 
been done, no alternative actions and associated thresholds and 
intervals, including life limits, are allowed unless they are 
approved as specified in paragraph (i) of this AD.

(i) Alternative Methods of Compliance (AMOCs)

    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 International Validation Branch, mail 
it to the address identified in paragraph (j)(2) of this AD or email 
to: [email protected]. If mailing information, also submit 
information by email. 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.

(j) Additional Information

    (1) Refer to Civil Aviation Authority (CAA) AD G-2022-0021, 
dated December 21, 2022, for related information. This CAA AD may be 
found in the AD docket at regulations under Docket No. FAA-2023-
1643.
    (2) For more information about this AD, contact Doug Rudolph, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Westbury, NY 
11590; phone: (816) 329-4059; email: [email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) BAE Systems Jetstream Series 3100 & 3200 Corrosion 
Prevention and Control Programme, Manual Ref: JS/CPCP/01, Revision 
9, dated April 15, 2022.
    (ii) [Reserved]
    (3) For 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: baesystems.com/businesses/regionalaircraft/.
    (4) 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 (817) 222-5110.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email: [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on July 21, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-15917 Filed 7-26-23; 8:45 am]
BILLING CODE 4910-13-P