[Federal Register: May 12, 2004 (Volume 69, Number 92)]
[Proposed Rules]
[Page 26331-26333]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12my04-13]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2004-NM-46-AD]
RIN 2120-AA64
Airworthiness Directives; BAE Systems (Operations) Limited
(Jetstream) Model 4101 Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes the adoption of a new airworthiness
directive (AD) that is applicable to all BAE Systems (Operations)
Limited (Jetstream) Model 4101 airplanes. This proposal would require a
test for free movement of the capsule/bearing of the nose landing gear
(NLG), and related investigative, significant, and corrective actions.
This action is necessary to prevent failure of the NLG to extend fully,
which could result in reduced controllability of the airplane during
landing. This action is intended to address the identified unsafe
condition.
DATES: Comments must be received by June 11, 2004.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2004-NM-46-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. Comments may be submitted via fax to (425) 227-1232.
Comments may also be sent via the Internet using the following address:
9-anm-nprmcomment@faa.gov. Comments sent via fax or the Internet must
contain ``Docket No. 2004-NM-46-AD'' in the subject line and need not
be submitted in triplicate. Comments sent via the Internet as attached
electronic files must be formatted in Microsoft Word 97 or 2000 or
ASCII text.
The service information referenced in the proposed rule may be
obtained from British Aerospace Regional Aircraft American Support,
13850 Mclearen Road, Herndon, Virginia 20171. This information may be
examined at the FAA, Transport Airplane Directorate, 1601 Lind Avenue,
SW., Renton, Washington.
FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-1175; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the making of the
proposed rule by submitting such written data, views, or arguments as
they may desire. Communications shall identify the Rules Docket number
and be submitted in triplicate to the address specified above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this action may be changed in
light of the comments received.
Submit comments using the following format:
Organize comments issue-by-issue. For example, discuss a
request to change the compliance time and a request to change the
service bulletin reference as two separate issues.
For each issue, state what specific change to the proposed
AD is being requested.
Include justification (e.g., reasons or data) for each
request.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed rule. All
comments submitted will be available, both before and after the closing
date for comments, in the Rules Docket for examination by interested
persons. A report summarizing each FAA-public contact concerned with
the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this action must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 2004-NM-46-AD.'' The postcard will be date stamped and
returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Transport Airplane Directorate,
[[Page 26332]]
ANM-114, Attention: Rules Docket No. 2004-NM-46-AD, 1601 Lind Avenue,
SW., Renton, Washington 98055-4056.
Discussion
The Civil Aviation Authority (CAA), which is the airworthiness
authority for the United Kingdom, notified the FAA that an unsafe
condition may exist on all BAE Systems (Operations) Limited (Jetstream)
Model 4101 airplanes. The CAA advises that there have been several
incidents in which the nose landing gear (NLG) did not fully extend,
necessitating an emergency landing. Investigation suggests that the
cause may be related to binding between the upper and lower sliding/
support bearings and the NLG capsule that is part of the shortening
mechanism. High friction at the upper bearing or lower bearing may
prevent free movement of the NLG capsule. This condition, if not
corrected, could result in failure of the NLG to extend fully, and
consequent reduced controllability of the airplane during landing.
Explanation of Relevant Service Information
BAE Systems (Operations) Limited has issued Alert Service Bulletin
J41-A32-082, Revision 1, dated February 20, 2004. That service bulletin
describes procedures for a test for free movement of the NLG capsule/
bearing, and related investigative, significant, and corrective
actions. These actions are described below.
The BAE Systems service bulletin refers to APPH Service Bulletin
AIR83586-32-22, Revision 1, dated February 2004, as an additional
source of service information. Paragraph 2.A. (Part 1) of that service
bulletin describes procedures for the initial test for free movement of
the NLG capsule. Paragraph 2.B. (Part 2) of that service bulletin
describes procedures for related investigative, significant, and
corrective actions following the initial test. These related
investigative, significant, and corrective actions entail cleaning and
re-greasing the bearings, and repeating the test for free movement
(i.e., Part 1 of the APPH service bulletin). If the test immediately
following the cleaning and re-greasing of bearings fails, corrective
actions entail repairing or replacing the NLG.
If the NLG capsule/bearing moves freely during the initial test,
the BAE Systems service bulletin specifies a compliance time of 3,000
flight hours for the related investigative, significant, and corrective
actions (Parts 1 and 2 of the APPH service bulletin). If the movement
of the NLG capsule/bearing is restricted during the initial test, the
BAE Systems service bulletin specifies that the related investigative
and corrective actions (Parts 1 and 2 of the APPH service bulletin)
must be done before further flight. If the capsule moves freely during
the test immediately following accomplishment of Part 2, the BAE
Systems service bulletin specifies repeating the test within 600 flight
hours.
Accomplishment of the actions specified in the service bulletins is
intended to adequately address the identified unsafe condition. The CAA
classified the service bulletins as mandatory and issued British
emergency airworthiness directive G-2004-0003, dated February 24, 2004,
to ensure the continued airworthiness of these airplanes in the United
Kingdom.
FAA's Conclusions
This airplane model is manufactured in the United Kingdom and is
type certificated for operation in the United States under the
provisions of section 21.29 of the Federal Aviation Regulations (14 CFR
21.29) and the applicable bilateral airworthiness agreement. Pursuant
to this bilateral airworthiness agreement, the CAA has kept us informed
of the situation described above. We have examined the findings of the
CAA, reviewed all available information, and determined that AD action
is necessary for products of this type design that are certificated for
operation in the United States.
Explanation of Requirements of Proposed Rule
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design registered
in the United States, the proposed AD would require accomplishment of
the actions specified in the BAE Systems service bulletin described
previously, except as discussed below.
Differences Between Proposed AD and Service Bulletins
Although the service bulletins specify that operators may contact
BAE Systems or APPH for disposition of certain repair conditions, this
proposal would require operators to repair those conditions per a
method approved by either the FAA or the CAA (or its delegated agent).
In light of the type of repair that would be required to address the
unsafe condition, and consistent with existing bilateral airworthiness
agreements, we have determined that, for this proposed AD, a repair
approved by either the FAA or the CAA would be acceptable for
compliance with this proposed AD.
This proposed AD refers to the flow chart in the BAE Systems
service bulletin for compliance times for certain actions. The flow
chart does not clearly state a compliance time for applicable
corrective actions if the movement of the NLG capsule/bearing is
restricted during any test. Therefore, paragraph (c) of this AD
specifies that, if the movement of the NLG capsule/bearing is
restricted during any test, the applicable corrective actions must be
accomplished before further flight.
For compliance times, the flow chart in the BAE Systems service
bulletin specifies a certain number of ``flying hours.'' Paragraph (c)
of this proposed AD specifies performing the actions at the compliance
times in the flow chart of the BAE Systems service bulletin. However,
where the flow chart specifies ``flying hours,'' the definition in this
proposed AD would be ``flight hours.'' This decision is based on our
determination that ``flying hours'' may be interpreted differently by
different operators. We find that our proposed terminology is generally
understood within the industry.
Although the Accomplishment Instructions of the BAE Systems service
bulletin describe procedures for submitting a form reporting inspection
results to the manufacturer, this proposed AD would not require those
actions.
Cost Impact
We estimate that 57 airplanes of U.S. registry would be affected by
this proposed AD, that it would take approximately 6 work hours per
airplane to accomplish the proposed actions, and that the average labor
rate is $65 per work hour. Based on these figures, the cost impact of
the proposed AD on U.S. operators is estimated to be $22,230, or $390
per airplane.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the proposed requirements of
this AD action, and that no operator would accomplish those actions in
the future if this AD were not adopted. The cost impact figures
discussed in AD rulemaking actions represent only the time necessary to
perform the specific actions actually required by the AD. These figures
typically do not include incidental costs, such as the time required to
gain access and close up, planning time, or time necessitated by other
administrative actions.
Regulatory Impact
The regulations proposed herein would not have a substantial direct
effect on the States, on the relationship
[[Page 26333]]
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
Therefore, it is determined that this proposal would not have
federalism implications under Executive Order 13132.
For the reasons discussed above, I certify that 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) if promulgated, 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. A copy of the draft
regulatory evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting the Rules
Docket at the location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
part 39 of the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new
airworthiness directive:
BAE Systems (Operations) Limited (Formerly British Aerospace
Regional Aircraft): Docket 2004-NM-46-AD.
Applicability: All Model Jetstream 4101 airplanes, certificated
in any category.
Compliance: Required as indicated, unless accomplished
previously.
To prevent failure of the nose landing gear (NLG) to extend
fully, which could result in reduced controllability of the airplane
during landing, accomplish the following:
Service Bulletin Reference and Clarifications
(a) The term ``service bulletin,'' as used in this AD, means BAE
Systems Alert Service Bulletin J41-A32-082, Revision 1, dated
February 20, 2004.
(1) The term ``flow chart,'' as used in this AD, means the flow
chart following paragraph 1.M. of BAE Systems Alert Service Bulletin
J41-A32-082, Revision 1.
(2) BAE Systems Alert Service Bulletin J41-A32-082, Revision 1,
refers to APPH Service Bulletin AIR83586-32-22, Revision 1, dated
February 2004, as an additional source of service information for
accomplishing the actions in the BAE Systems service bulletin.
(3) Actions accomplished before the effective date of this AD
per the Accomplishment Instructions of BAE Systems Alert Service
Bulletin J41-A32-082, dated February 11, 2004, are considered
acceptable for the corresponding actions required by this AD. (The
original issue of BAE Systems Alert Service Bulletin J41-A32-082
refers to the original issue of APPH Service Bulletin AIR83586-32-
22, dated February 2004, as an additional source of service
information for accomplishing the actions in the BAE Systems service
bulletin.)
(4) Where BAE Systems Alert Service Bulletin J41-A32-082,
Revision 1, and APPH Service Bulletin AIR83586-32-22, Revision 1,
specify to contact BAE Systems or APPH for repair instructions,
before further flight, repair per a method approved by the Manager,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
or the Civil Aviation Authority (CAA) (or its delegated agent).
(5) Where the flow chart in BAE Systems Alert Service Bulletin
J41-A32-082, Revision 1, specifies ``flying hours,'' for the
purposes of this AD, this means ``flight hours.''
(6) Where BAE Systems Alert Service Bulletin J41-A32-082,
Revision 1, specifies to complete a reporting form and return it to
the manufacturer, this AD does not require that action.
Initial Test
(b) Within 300 flight cycles or 30 days after the effective date
of this AD, whichever occurs first: Perform a test for free movement
of the NLG capsule/bearing, as specified in the flow chart of the
service bulletin. Do all of the actions per the Accomplishment
Instructions of the service bulletin.
Note 1: As specified in the flow chart in the service bulletin,
only the actions in paragraph 2.A. (Part 1) of the Accomplishment
Instructions of APPH Service Bulletin AIR83586-32-22, Revision 1,
dated February 2004, are required by paragraph (a) of this AD.
Related Investigative, Significant, and Corrective Actions
(c) Perform related investigative, significant, and corrective
actions as specified in the flow chart of the service bulletin, at
the compliance times specified in the flow chart of the service
bulletin. Do all of the actions per the Accomplishment Instructions
of the service bulletin, except as provided by paragraph (a)(4) of
this AD. During any test, if the movement of the capsule/bearing is
restricted, the applicable corrective actions must be accomplished
before further flight.
Parts Installation
(d) As of the effective date of this AD, no person may install
an NLG on any airplane unless it is inspected per the requirements
of this AD.
Alternative Methods of Compliance
(e) In accordance with 14 CFR 39.19, the Manager, International
Branch, ANM-116, is authorized to approve alternative methods of
compliance for this AD.
Note 2: The subject of this AD is addressed in British emergency
airworthiness directive G-2004-0003, dated February 24, 2004.
Issued in Renton, Washington, on May 5, 2004.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-10742 Filed 5-11-04; 8:45 am]
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