[Federal Register: November 17, 2008 (Volume 73, Number 222)]
[Proposed Rules]
[Page 67817-67820]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17no08-30]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-1214; Directorate Identifier 2007-NM-259-AD]
RIN 2120-AA64
Airworthiness Directives; BAE Systems (Operations) Limited
(Jetstream) Model 4101 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to supersede an existing airworthiness
directive (AD) that applies to all BAE Systems (Operations) Limited
(Jetstream) Model 4101 airplanes. The existing AD currently requires
operators to determine the number of flight cycles accumulated on each
component of the main landing gear (MLG) and the nose landing gear
(NLG), and to replace each component that reaches its life limit with a
serviceable component. The existing AD also requires operators to
revise the Airworthiness Limitations (AWL) section of the Instructions
for Continued Airworthiness (ICA) in the aircraft maintenance manual to
reflect
[[Page 67818]]
the new life limits for structurally significant items. This proposed
AD would require a new revision of the AWL section of the ICA to
incorporate revised life limits for structurally significant items,
operational and functional tests of certain systems, and instructions
to retain critical ignition source prevention features during
configuration changes. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country. We are proposing this AD to prevent
failure of certain structurally significant items, including the MLG
and the NLG, which could result in reduced structural integrity of the
airplane; and to prevent fuel vapor ignition sources, which could
result in fuel tank explosion and consequent loss of the airplane.
DATES: We must receive comments on this proposed AD by December 17,
2008.
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 W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
For service information identified in this AD, contact BAE Systems
Regional Aircraft, 13850 McLearen Road, Herndon, Virginia 20171;
telephone 703-736-1080; e-mail raebusiness@baesystems.com; Internet
http://www.baesystems.com/Businesses/RegionalAircraft/index.htm.
Examining the AD Docket
You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
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 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-2008-1214;
Directorate Identifier 2007-NM-259-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 because of those comments.
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 September 9, 2005, we issued AD 2005-19-15, amendment 39-14280
(70 FR 55230, September 21, 2005), for all BAE Systems (Operations)
Limited (Jetstream) Model 4101 airplanes. That AD requires operators to
determine the number of flight cycles accumulated on each component of
the main landing gear (MLG) and the nose landing gear (NLG), and to
replace each component that reaches its life limit with a serviceable
component. The existing AD also requires operators to revise the
Airworthiness Limitations (AWL) section of the Instructions for
Continued Airworthiness in the aircraft maintenance manual to reflect
the new life limits for structurally significant items. That AD
resulted from engineering analysis of fleet operations which resulted
in more restrictive life limits. We issued that AD to prevent failure
of certain structurally significant items, including the MLG and the
NLG, which could result in reduced structural integrity of the
airplane.
Actions Since Existing AD Was Issued
Since we issued AD 2005-19-15, the European Aviation Safety Agency
(EASA), which is the airworthiness authority for the European Union,
advises that BAE System (Operations) Limited has issued revised
Airworthiness Limitations, Certification Maintenance Requirements, and
Critical Design Configuration Control Limitations (CDCCL). The
revisions were based on assessments of fuel tank wiring installations.
These assessments revealed that fuel vapor ignition sources may remain
undetected. Fuel vapor ignition sources, if not corrected, could result
in fuel tank explosion and consequent loss of the airplane.
Relevant Service Information
BAE Systems (Operations) Limited has issued Chapters 05-10-10,
``Airworthiness Limitations,'' 05-10-20, ``Certification Maintenance
Requirements,'' and 05-10-30, ``Critical Design Configuration Control
Limitations (CDCCL)--Fuel System'' of BAE Systems (Operations) Limited
Jetstream Series 4100 AMM, Revision 29, dated February 15, 2008.
Chapter 05-10-10 revises life limits for structurally significant
items. Chapter 05-10-20 includes operational and functional tests of
certain systems (e.g., air conditioning, electrical power, fire
protection, and flight controls) and the maximum permitted time between
those tests to maintain the certificated airworthiness standard of the
airplanes. Chapter 05-10-30 includes CDCCLs that provide instructions
to retain critical ignition source prevention features during
configuration changes that may be caused by modification, repair, or
maintenance actions.
Accomplishing the actions specified in the service information is
intended to adequately address the unsafe condition. The EASA mandated
the service information and issued airworthiness directive 2008-0094,
dated May 16, 2008 (referred to after this as ``the MCAI''), to ensure
the continued airworthiness of these airplanes in the European Union.
FAA's Determination and Requirements of the 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.
This proposed AD would supersede AD 2005-19-15 and would continue
to require revising the AWL section of the Instructions for Continued
Airworthiness in the AMM to reflect the
[[Page 67819]]
new life limits structurally significant items. This proposed AD would
also require revising the AWL section of the Instructions for Continued
Airworthiness by incorporating the instructions specified in certain
chapters of the service information described previously.
Change to Existing AD
This proposed AD would retain only certain requirements of AD 2005-
19-15. As a result, the corresponding paragraph identifiers have
changed in this proposed AD, as listed in the following table:
Revised Paragraph Identifier
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Corresponding requirement
Requirement in AD 2005-19-15 in this proposed AD
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paragraph (l)............................. paragraph (f).
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Costs of Compliance
The following table provides the estimated costs for U.S. operators
to comply with this proposed AD.
Estimated Costs
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Number of U.S.-
Action Work hour Average labor Cost per registered Fleet cost
rate per hour airplane airplanes
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AWL revision (required by AD 1 $80 $80 3 $240
2005-19-15)....................
AWL revision (new proposed 1 80 80 3 240
action)........................
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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 have 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. 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. See the
ADDRESSES section for a location to examine the regulatory evaluation.
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 Federal Aviation Administration (FAA) amends Sec. 39.13 by
removing amendment 39-14280 (70 FR 55230, September 21, 2005) and
adding the following new airworthiness directive (AD):
BAE Systems (Operations) Limited (Formerly British Aerospace
Regional Aircraft): Docket No. FAA-2008-1214; Directorate Identifier
2007-NM-259-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by December
17, 2008.
Affected ADs
(b) This AD supersedes AD 2005-19-15.
Applicability
(c) This AD applies to all BAE Systems (Operations) Limited
Model Jetstream 4101 airplanes, certificated in any category.
Unsafe Condition
(d) This AD results from mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country. We are issuing this AD to prevent failure of certain
structurally significant items, including the main landing gear
(MLG) and the nose landing gear (NLG), which could result in reduced
structural integrity of the airplane; and to prevent fuel vapor
ignition sources, which could result in fuel tank explosion and
consequent loss of the airplane.
Compliance
(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Certain Requirement of AD 2005-19-15
Revise Aircraft Maintenance Manual (AMM)
(f) Within 30 days after October 26, 2005 (the effective date of
AD 2005-19-15): Revise the Airworthiness Limitations (AWL) section
of the Instructions for Continued Airworthiness of the BAE Systems
(Operations) Limited J41 AMM to include the life limits of the
components listed in Chapter 05-10-10, Airworthiness Limitations--
Description and Operation Section, Revision 23, dated February 15,
2005, of the AMM. This may be accomplished by inserting a copy into
the AWL section of the Instructions for Continued Airworthiness.
Thereafter, except as provided in paragraph (i) of this AD, no
alternative replacement times may be approved for any affected
component.
New Requirements of This AD
Revise AWL Section of Instructions for Continued Airworthiness
(g) Within 90 days after the effective date of this AD: Revise
the AWL section of the
[[Page 67820]]
Instructions for Continued Airworthiness by incorporating the
instructions of Chapters 05-10-10, ``Airworthiness Limitations,''
05-10-20, ``Certification Maintenance Requirements,'' and 05-10-30,
``Critical Design Configuration Control Limitations (CDCCL)--Fuel
System'' of BAE Systems (Operations) Limited Jetstream Series 4100
AMM, Revision 29, dated February 15, 2008 (hereafter ``the service
information''). Thereafter, except as provided in paragraph (i) of
this AD, no alternative replacement times or inspection intervals
may be approved for any affected component. The revised Chapter 05-
10-10 replaces the corresponding chapter specified in paragraph (f)
of this AD.
(h) Where paragraph 2.A.(2) of the service information specifies
that certain landing gear units ``must be removed 31st March 2008,''
this AD requires compliance within 60 days after the effective date
of this AD.
Alternative Methods of Compliance (AMOCs)
(i) The Manager, International Branch, ANM-116, 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.
Related Information
(j) European Aviation Safety Agency (EASA) airworthiness
directive 2008-0094, dated May 16, 2008, also addresses the subject
of this AD.
Issued in Renton, Washington, on November 6, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft
Certification Service.
[FR Doc. E8-27161 Filed 11-14-08; 8:45 am]
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