Federal Register, Volume 73 Issue 119 (Thursday, June 19, 2008)

[Federal Register Volume 73, Number 119 (Thursday, June 19, 2008)]
[Rules and Regulations]
[Pages 34847-34849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13563]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0275; Directorate Identifier 2007-NM-335-AD;
Amendment 39-15565; AD 2008-13-02]
RIN 2120-AA64

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

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This 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:

* * * * *
We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective July 24, 2008.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of July 24,
2008.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1175; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

[[Page 34848]]

Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on March 13, 2008 (73
FR 13504). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

Cracks have been found in the propeller blades and propeller
hubs, for which ongoing controlling actions issued by the propeller
TC [type certificate] holder (McCauley Propeller Systems) have been
mandated by FAA Airworthiness Directive (AD) action.
Current FAA ADs related to this subject are 2003-17-10 (which
superseded AD 2003-15-01), 2004-23-16, 2005-24-08 and 2006-15-13.
Cracking of the blade or hub can ultimately lead to blade
release with potentially catastrophic consequences. BAE Systems has
concluded that safety margins can be further improved by introducing
operating limitations that will prevent damaging stresses in the
propeller assembly, instructing flight crews to place the propeller
condition levers in the Flight position during all ground
maneuvering.
EASA concurs with this conclusion and this AD therefore requires
the replacement of the Propeller Limitations Placard with a new one.

Corrective actions include revising the airplane flight manual. You
may obtain further information by examining the MCAI in the AD docket.

Comments

We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed.

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 required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a NOTE within the AD.

Costs of Compliance

We estimate that this AD will affect about 7 products of U.S.
registry. We also estimate that it will take about 2 work-hours per
product to comply with the basic requirements of this AD. The average
labor rate is $80 per work-hour. Required parts will cost about $25 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 parts. 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 this AD to the
U.S. operators to be $1,295, or $185 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 AD will not have federalism implications
under Executive Order 13132. This AD will 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 AD:
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 AD and placed it in the AD docket.

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 the NPRM, 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.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 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]

0
2. The FAA amends Sec. 39.13 by adding the following new AD:

2008-13-02 BAE Systems (Operations) Limited (Formerly British
Aerospace Regional Aircraft): Amendment 39-15565. Docket No. FAA-
2008-0275; Directorate Identifier 2007-NM-335-AD.

Effective Date

(a) This airworthiness directive (AD) becomes effective July 24,
2008.

Affected ADs

(b) None.

Applicability

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

Subject

(d) Air Transport Association (ATA) of America Code 11: Placards
and Markings.

Reason

(e) The mandatory continuing airworthiness information (MCAI)
states:
Cracks have been found in the propeller blades and propeller
hubs, for which ongoing controlling actions issued by the propeller
TC [type certificate] holder (McCauley Propeller Systems) have been
mandated by FAA Airworthiness Directive (AD) action.

[[Page 34849]]

Current FAA ADs related to this subject are 2003-17-10 (which
superseded AD 2003-15-01), 2004-23-16, 2005-24-08 and 2006-15-13.
Cracking of the blade or hub can ultimately lead to blade
release with potentially catastrophic consequences. BAE Systems has
concluded that safety margins can be further improved by introducing
operating limitations that will prevent damaging stresses in the
propeller assembly, instructing flight crews to place the propeller
condition levers in the Flight position during all ground
maneuvering.
EASA concurs with this conclusion and this AD therefore requires
the replacement of the Propeller Limitations Placard with a new one.
Corrective actions include revising the airplane flight manual.

Actions and Compliance

(f) Within 90 days after the effective date of this AD, 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.

FAA AD Differences

Note 2: 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,
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 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.
(3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, 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 (EASA)
Airworthiness Directive 2007-0268, dated October 8, 2007; BAE
Systems (Operations) Limited Service Bulletin J41-11-027, dated
March 29, 2007; BAe Jetstream Series 4100 General Amendment G12,
approved January 2007, to the Jetstream Series 4100 Flight Manual;
and BAe Jetstream Series 4100 Advance Amendment Bulletin 13,
approved April 4, 2007, to the Jetstream Series 4100 Flight Manual;
for related information.

Material Incorporated by Reference

(i) You must use the service information specified in Table 1 of
this AD to do the actions required by this AD, as applicable, unless
the AD specifies otherwise. (The approval date of BAe Jetstream
Series 4100 General Amendment G12 is specified only on page 0-2-4.)
BAe Jetstream Series 4100 General Amendment G12 contains the
following effective pages:

Page

List of Effective Pages
Pages 0-4-1 through 0-4-6

Date

January 2007

Table 1.--Material Incorporated by Reference
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Service information Date
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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 Service March 29, 2007.
Bulletin J41-11-027.
------------------------------------------------------------------------

(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact
British Aerospace Regional Aircraft American Support, 13850 Mclearen
Road, Herndon, Virginia 20171.
(3) You may review copies at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the
National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call (202) 741-6030,
or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

Issued in Renton, Washington, on June 10, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-13563 Filed 6-18-08; 8:45 am]
BILLING CODE 4910-13-P