[Federal Register Volume 75, Number 194 (Thursday, October 7, 2010)]
[Rules and Regulations]
[Pages 61982-61985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25018]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0474; Directorate Identifier 2009-NM-056-AD;
Amendment 39-16465; AD 2010-21-05]
RIN 2120-AA64
Airworthiness Directives; BAE Systems (Operations) Limited Model
4101 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: We are superseding an existing 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:
During ground manoeuvring, prolonged operation with either
engine in the restricted range between 82% and 90% RPM [revolutions
per minute] will result in damage [e.g., cracking of the blade or
hub] to the propeller assembly that could eventually result in the
release of a propeller blade.
* * * EASA [European Aviation Safety Agency] AD 2007-0268 [which
corresponds to FAA AD 2008-13-02, amendment 39-15565] was issued to
require the installation of a Propeller Warning Placard and
implementation of a corresponding Aircraft Flight Manual (AFM)
limitation instructing the flight crew to taxi with the condition
lever at FLIGHT in order to minimise the time spent by the engines
in the restricted range. BAE Systems has now developed a Propeller
Speed Warning System * * *.
* * * * *
A released propeller blade could result in engine failure and loss
of control of the airplane. We are issuing this AD to require actions
to correct the unsafe condition on these products.
DATES: This AD becomes effective November 12, 2010.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 12,
2010.
The Director of the Federal Register approved the incorporation by
reference of certain other publications listed in this AD as of July
24, 2008 (73 FR 34847, June 19, 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, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1175; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
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 May 10, 2010 (75 FR
25785), and proposed to supersede AD 2008-13-02, amendment 39-15565 (73
FR 34847), June 19, 2008. That NPRM proposed to correct an unsafe
condition for the specified products.
Since we issued AD 2008-13-02, inadvertent high RPMs taxiing
operations have been reported to have caused stress to the propeller
blades, which can result in dangerous blade cracks. The European
Aviation Safety Agency (EASA), which is the Technical Agent for the
Member States of the European Community, has issued EASA Airworthiness
Directive 2009-0038, dated February 18, 2009 (referred to after this as
``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:
During ground manoeuvring, prolonged operation with either
engine in the restricted range between 82% and 90% RPM [revolutions
per minute] will result in damage [e.g., cracking of the blade or
hub] to the propeller assembly that could eventually result in the
release of a propeller blade.
To correct this unsafe condition, EASA AD 2007-0268 [which
corresponds to FAA AD 2008-13-02, amendment 39-15565] was issued to
require the installation of a Propeller Warning Placard and
implementation of a corresponding Aircraft Flight Manual (AFM)
limitation, instructing the flight crew to taxi with the condition
lever at FLIGHT in order to minimise the time spent by the engines
in the restricted range. BAE Systems has now developed a Propeller
Speed Warning System, the embodiment of which will allow taxiing
with the condition lever at TAXI, through the introduction of a
revised Flight Manual Limitation.
For the reasons described above, this EASA AD retains the
requirements of EASA AD 2007-0268, which is superseded, and requires
the installation of a Propeller Speed Warning System.
A released propeller blade could result in engine failure and loss
of control of the airplane. You may obtain
[[Page 61983]]
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.
Clarification of Paragraph (h)(2) of This AD
The revision to the BAE Jetstream Series 4100 Flight Manual (FM)
includes information on introducing a propeller speed warning system on
airplanes that have Modification JM41674. We have also removed the
reference to the alternative methods of compliance (AMOC) paragraph and
have specified the appropriate source of approval procedures to
accomplish the requirements of paragraph (h)(2) of this AD.
Conclusion
We reviewed the available data and determined that air safety and
the public interest require adopting the AD with the changes described
previously. We determined that these changes will not increase the
economic burden on any operator or increase the scope of the AD.
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 3 products of U.S.
registry.
The actions that are required by AD 2008-13-02 and retained in this
AD take about 2 work-hours per product, at an average labor rate of $85
per work-hour. Required parts cost about $25 per product. Based on
these figures, the estimated cost of the currently required actions is
$195 per product.
We estimate that it will take about 20 work-hours per product to
comply with the new basic requirements of this AD. The average labor
rate is $85 per work-hour. Required parts will cost about $2,800 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 costs. 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 $14,085, or $4,695 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
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 removing amendment 39-15565 (73 FR
34847, June 19, 2008) and adding the following new AD:
2010-21-05 BAE Systems (Operations) Limited: Amendment 39-16465.
Docket No. FAA-2010-0474; Directorate Identifier 2009-NM-056-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective November
12, 2010.
Affected ADs
(b) This AD supersedes AD 2008-13-02, amendment 39-15565.
Applicability
(c) This AD applies to all BAE SYSTEMS (Operations) Limited
Model 4101 airplanes, certificated in any category.
Subject
(d) Air Transport Association (ATA) of America Code 61:
Propellers/Propulsors.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
During ground manoeuvring, prolonged operation with either
engine in the restricted range between 82% and 90% RPM [revolutions
per minute] will result in damage [e.g., cracking of the blade or
hub] to the propeller assembly that could eventually result in the
release of a propeller blade.
To correct this unsafe condition, EASA [European Aviation Safety
Agency] AD 2007-0268 [which corresponds to FAA AD 2008-13-02,
amendment 39-15565] was issued to require the installation of a
Propeller Warning Placard and implementation of a corresponding
Aircraft Flight Manual (AFM) limitation, instructing the flight crew
to taxi
[[Page 61984]]
with the condition lever at FLIGHT in order to minimise the time
spent by the engines in the restricted range. BAE Systems has now
developed a Propeller Speed Warning System, embodiment of which will
allow taxiing with the condition lever at TAXI, through the
introduction of a revised Flight Manual Limitation.
For the reasons described above, this EASA AD retains the
requirements of EASA AD 2007-0268, which is superseded, and requires
the installation of a Propeller Speed Warning System.
A released propeller blade could result in engine failure and
loss of control of the airplane.
Compliance
(f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Restatement of Requirements of AD-2008-13-02
Actions
(g) Within 90 days after July 24, 2008 (the effective date of AD
2008-13-02), 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.
New Requirements of This AD
Actions
(h) Unless already done, do the following actions.
(1) Within 6 months after the effective date of this AD, install
a Propeller Speed Warning System (Modification JM41674), in
accordance with Section 2 of BAE Systems (Operations) Limited
Aircraft Change Information Bulletin J41-61-014, Issue 7, dated
August 17, 2009. Before further flight after modification, do the
actions required in paragraphs (h)(1)(i) and (h)(1)(ii) of this AD.
(i) Remove the placard that was installed as required by
paragraph (g)(1) of this AD.
(ii) Remove BAE Jetstream Series 4100 Advance Amendment Bulletin
13, approved April 4, 2007, from the FM.
(2) Within 6 months after the effective date of this AD, revise
the BAE Jetstream Series 4100 FM to include information on
introducing a propeller speed warning system, on airplanes that have
Modification JM41674, using a method approved by the Manager,
International Branch, ANM 116, Transport Airplane Directorate, FAA,
or EASA (or its delegated agent).
Note 2: Guidance on revising the BAE Jetstream Series 4100 FM,
as required by paragraph (h)(2) of this AD, can be found in BAE
Jetstream Series 4100 Particular Amendment 111, approved December
2008.
FAA AD Differences
Note 3: This AD differs from the MCAI and/or service information
as follows: No differences.
Other FAA AD Provisions
(i) 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 principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
(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 (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.
Related Information
(j) Refer to MCAI European Aviation Safety Agency (EASA)
Airworthiness Directive 2009-0038, dated February 18, 2009; and the
service information identified in Table 1 of this AD; for related
information.
Table 1--Service Information
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Service information Date
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BAE Jetstream Series 4100 Advance April 4, 2007.
Amendment Bulletin 13 to the Jetstream
Series 4100 Flight Manual.
BAE Jetstream Series 4100 General January 2007.
Amendment G12 to the Jetstream Series
4100 Flight Manual.
BAE Systems (Operations) Limited Aircraft August 17, 2009.
Change Information Bulletin J41-61-014,
Section 2, Issue 7.
BAE Systems (Operations) Limited Service March 29, 2007.
Bulletin J41-11-027.
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Material Incorporated by Reference
(k) You must use the service information contained in Table 2 of
this AD to do the actions required by this AD, unless the AD
specifies otherwise.
Table 2--All Material Incorporated by Reference
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Service information Date
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BAE Jetstream Series 4100 Advance April 4, 2007.
Amendment Bulletin 13 to the Jetstream
Series 4100 Flight Manual.
BAE Jetstream Series 4100 General January 2007.
Amendment G12 to the Jetstream Series
4100 Flight Manual.
BAE Systems (Operations) Limited Aircraft August 17, 2009.
Change Information Bulletin J41-61-014,
Section 2, Issue 7.
[[Page 61985]]
BAE Systems (Operations) Limited Service March 29, 2007.
Bulletin J41-11-027.
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BAE Systems (Operations) Limited Aircraft Change Information
Bulletin J41-61-014, Section 2, Issue 7, contains the following
effective pages:
List of Effective Pages
----------------------------------------------------------------------------------------------------------------
Page title/description Page number(s) Issue number Date shown on page(s)
----------------------------------------------------------------------------------------------------------------
Section 2, Installer Instructions..... 15-50 7 August 17, 2009.
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(Section 1 of this document (pages 1-14) is not included.)
(1) The Director of the Federal Register approved the
incorporation by reference of BAE Systems (Operations) Limited
Aircraft Change Information Bulletin J41-61-014, Section 2, Issue 7,
dated August 17, 2009, under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) The Director of the Federal Register previously approved the
incorporation by reference of the service information contained in
Table 3 of this AD on July 24, 2008 (73 FR 34847, June 19, 2008).
Table 3--Material Previously Incorporated By Reference
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Service information Date
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BAE Jetstream Series 4100 Advance April 4, 2007.
Amendment Bulletin 13 to the Jetstream
Series 4100 Flight Manual.
BAE Jetstream Series 4100 General January 2007.
Amendment G12 to the Jetstream Series
4100 Flight Manual.
BAE Systems (Operations) Limited Service March 29, 2007.
Bulletin J41-11-027.
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(3) For service information identified in this AD, contact BAE
Systems (Operations) Limited, Customer Information Department,
Prestwick International Airport, Ayrshire, KA9 2RW, Scotland, United
Kingdom; telephone +44 1292 675207; fax +44 1292 675704; e-mail
[email protected]; Internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm.
(4) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call 425-227-1221.
(5) You may also review copies of the 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, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
Issued in Renton, Washington, on September 23, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-25018 Filed 10-6-10; 8:45 am]
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