[Federal Register: June 20, 2008 (Volume 73, Number 120)]
[Proposed Rules]
[Page 35089-35092]
[DOCID:fr20jn08-14]

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Proposed Rules
                                                Federal Register
________________________________________________________________________

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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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0644; Directorate Identifier 2007-NM-321-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
repetitive tests for free movement of the capsule/bearing of the nose
landing gear (NLG), and related investigative and corrective actions.
This proposed AD would require a modified test for free movement of the
capsule/bearing of the NLG at reduced repeat intervals, and replacement
of the NLG assembly with a modified assembly. This proposed AD results
from additional reports of the NLG failing to extend fully on an
airplane that had been inspected in accordance with AD 2004-14-07. We
are proposing this AD to prevent failure of the NLG to extend fully,
which could result in reduced controllability of the airplane during
landing.

DATES: We must receive comments on this proposed AD by July 21, 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:<PHONE_NUMBER>.
     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 British
Aerospace Regional Aircraft American Support, 13850 Mclearen Road,
Herndon, Virginia 20171.

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<PHONE_NUMBER>) 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<PHONE_NUMBER>.

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-2008-0644;
Directorate Identifier 2007-NM-321-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 June 29, 2004, we issued AD 2004-14-07, amendment 39-13716 (69
FR 41413, July 9, 2004), for all BAE Systems (Operations) Limited
(Jetstream) Model 4101 airplanes. That AD requires a test for free
movement of the capsule/bearing of the nose landing gear (NLG), and
related investigative, significant, and corrective actions. That AD
resulted from incidents in which the NLG did not fully extend,
necessitating an emergency landing. We issued that AD to prevent
failure of the NLG to extend fully, which could result in reduced
controllability of the airplane during landing.

Actions Since Existing AD Was Issued

    Since we issued AD 2004-14-07, we have received additional reports
of the NLG failing to extend fully on an airplane that had been
inspected in accordance with AD 2004-14-07. Initial investigations
suggest that high levels of friction can develop in the upper and lower
sliding bearings, causing the shortening mechanism capsule of the NLG
to bind, which prevents the NLG from extending fully. The high friction
is caused by dirt contamination of the grease, along with wear in the
composite material bearings. The manufacturer of the NLG has developed
a NLG assembly that incorporates new aluminum bearings that have
improved corrosion protection, and a new lubrication fitting between
the bearings that allows clean grease to be applied without the need to
remove the capsule exposing it to contamination.

Relevant Service Information

    BAE Systems (Operations) Limited has issued Service Bulletin J41-
A32-082, Revision 3, dated March 30, 2007. (We referred to Revision 1,
dated February 20, 2004, of BAE Systems (Operations) Limited Alert
Service Bulletin J41-A32-082 in AD 2004-14-07 as the applicable source
of service information for doing the actions required in that AD.) The
procedures described in this service bulletin are essentially the same
as those described in Revision 1; however, Revision 3 also describes
procedures for cleaning and re-lubricating the NLG shortening mechanism
capsule. In addition, Revision 3 also specifies reporting any failures
to the manufacturer. BAE Systems (Operations) Limited Service

Bulletin J41-A32-082, Revision 3, refers to APPH Service Bulletin
AIR83586-32-22, Revision 3, dated December 2006, as an additional
source of service information for doing the actions specified in BAE
Systems (Operations) Limited Service Bulletin J41-A32-082.
    BAE Systems (Operations) Limited has also issued Service Bulletin
J41-32-084, dated November 30, 2005. The service bulletin describes
procedures for installing a modified NLG assembly, which has new
aluminum bearings with improved corrosion protection, and a new
lubrication fitting between the bearings to allow clean grease to be
applied without the need to remove the capsule. In addition, the
service bulletin specifies inspecting the free movement of the NLG
capsule in accordance with BAE Systems (Operations) Limited Service
Bulletin J41-A32-082. BAE Systems (Operations) Limited Service Bulletin
J41-32-084 refers to APPH Service Bulletin AIR83586-32-25, dated
October 2005, as an additional source of service information for doing
the actions specified in BAE Systems (Operations) Limited Service
Bulletin J41-32-084.
    Accomplishing the actions specified in the service information is
intended to adequately address the unsafe condition. The European
Aviation Safety Agency (EASA), which is the Technical Agent for the
Member States of the European Community, mandated the service
information and issued European airworthiness directive 2006-0131,
dated May 18, 2006, to ensure the continued airworthiness of these
airplanes in Europe.

Explanation of British Airworthiness Authority

    Paragraph (a)(4) of the existing AD (paragraph (f)(4) of this NPRM)
specifies making repairs using a method approved by either the FAA or
the Civil Aviation Authority (CAA) (or its delegated agent). The EASA
has assumed responsibility for the airplane model subject to this AD.
Therefore, we have revised paragraph (f)(4) of this NPRM to specify
making repairs using a method approved by the FAA, the CAA (or its
delegated agent), or the EASA (or its delegated agent).

FAA's Determination and Requirements of the Proposed AD

    These airplanes are manufactured in the United Kingdom and are 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, EASA has kept the FAA informed of
the situation described above. We have examined EASA's findings,
evaluated all pertinent information, and determined that AD action is
necessary for airplanes of this type design that are certificated for
operation in the United States.
    This proposed AD would supersede AD 2004-14-07 and would retain the
requirements of the existing AD. This proposed AD would also require
accomplishing the actions specified in the service information
described previously.

Change to Existing AD

    This proposed AD would retain the requirements of AD 2004-14-07.
Since AD 2004-14-07 was issued, the AD format has been revised, and
certain paragraphs have been rearranged. As a result, the corresponding
paragraph identifiers have changed in this proposed AD, as listed in
the following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
                                             Corresponding  requirement
       Requirement in AD 2004-14-07             in this  proposed AD
------------------------------------------------------------------------
paragraph (a).............................  paragraph (f).
paragraph (b).............................  paragraph (g).
paragraph (c).............................  paragraph (h).
paragraph (d).............................  paragraph (l)
------------------------------------------------------------------------

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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                                           Average                               Number of U.S.-
            Action               Work     labor rate    Parts       Cost per       registered       Fleet cost
                                 hours     per hour                 airplane        airplanes
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Testing for free movement of          6          $80        $0  $480, per                     7  $3,360, per
 the NLG capsule/bearing                                         cleaning,                        cleaning,
 (required by AD 2004-14-07).                                    lubrication,                     lubrication,
                                                                 and inspection                   and inspection
                                                                 cycle.                           cycle.
Cleaning, lubrication, and            6           80        10  $490, per                     7  $3,430, per
 inspecting for free movement                                    cleaning,                        cleaning,
 of the NLG capsule/bearing                                      lubrication,                     lubrication,
 (new proposed action).                                          and inspection                   and inspection
                                                                 cycle.                           cycle
NLG assembly replacement.....         6           80     3,100  $3,580.........               7  $25,060.
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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, 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 39-13716 (69 FR 41413, July 9, 2004) and adding the
following new airworthiness directive (AD):

BAE Systems (Operations) Limited (Formerly British Aerospace
Regional Aircraft): Docket No. FAA-2008-0644; Directorate Identifier
2007-NM-321-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by July 21,
2008.

Affected ADs

    (b) This AD supersedes AD 2004-14-07.

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 additional reports of the NLG failing
to extend fully on an airplane that had been inspected in accordance
with AD 2004-14-07. We are issuing this AD to prevent failure of the
NLG to extend fully, which could result in reduced controllability
of the airplane during landing.

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.

Restatement of the Requirements of AD 2004-14-07

Service Bulletin Reference and Clarifications

    (f) The term ``service bulletin,'' as used in this AD, means BAE
Systems (Operations) Limited Alert Service Bulletin J41-A32-082,
Revision 1, dated February 20, 2004; and the Accomplishment
Instructions and the flow chart provided in paragraph 1.N. of BAE
Systems (Operations) Limited Service Bulletin J41-A32-082, Revision
3, dated March 30, 2007. After the effective date of this AD, only
Revision 3 of the service bulletin may be used.
    (1) The term ``flow chart,'' as used in this AD, means the flow
chart following paragraph 1.M. of BAE Systems (Operations) Limited
Alert Service Bulletin J41-A32-082, Revision 1; or following
paragraph 1.N. of BAE Systems (Operations) Limited Service Bulletin
J41-A32-082, Revision 3.
    (2) BAE Systems (Operations) Limited 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
(Operations) Limited service bulletin. BAE Systems (Operations)
Limited Alert Service Bulletin J41-J32-082, Revision 3, refers to
APPH Service Bulletin AIR83586-32-22, Revision 3, dated December
2006, as an additional source of service information for
accomplishing the actions in the BAE Systems (Operations) Limited
service bulletin.
    (3) Actions accomplished before the effective date of this AD
per the Accomplishment Instructions of BAE Systems (Operations)
Limited Alert Service Bulletin J41-A32-082, dated February 11, 2004;
Revision 1, dated February 20, 2004; or Revision 2, dated November
25, 2005; are considered acceptable for the corresponding actions
required by this AD. (The original issue of BAE Systems (Operations)
Limited 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 (Operations) Limited service bulletin.)
    (4) Where BAE Systems (Operations) Limited Alert Service
Bulletin J41-A32-082, Revision 1; BAE Systems (Operations) Limited
Alert Service Bulletin J41-A32-082, Revision 3; 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; the Civil Aviation Authority (CAA)
(or its delegated agent); or EASA (or its delegated agent).
    (5) Where the flow chart in BAE Systems (Operations) Limited
Alert Service Bulletin J41-A32-082, Revision 1; or BAE Systems
(Operations) Limited Alert Service Bulletin J41-A32-082, Revision 3;
specifies ``flying hours,'' for the purposes of this AD, this means
``flight hours.''
    (6) Where BAE Systems (Operations) Limited Alert Service
Bulletin J41-A32-082, Revision 1; or BAE Systems (Operations)
Limited Alert Service Bulletin J41-A32-082, Revision 3; specifies to
complete a reporting form and return it to the manufacturer, this AD
does not require that action.
    (7) BAE Systems (Operations) Limited Alert Service Bulletin J41-
A32-084, dated November 30, 2005, refers to APPH Service Bulletin
AIR83586-32-25, dated October 2005, as an additional source of
service information for accomplishing the actions in the BAE Systems
(Operations) Limited service bulletin.

Initial Test

    (g) Within 300 flight cycles or 30 days after August 13, 2004
(the effective date of AD 2004-14-07), 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 (f) of this AD.

Related Investigative, Significant, and Corrective Actions

    (h) 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 (f)(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

    (i) As of August 13, 2004, no person may install a NLG on any
airplane unless it has been inspected in accordance with the
requirements of paragraphs (g) and (h) of this AD.

New Requirements of This AD

Repetitive Cleanings, Lubrications, and Inspections for Free Movement
of the NLG Capsule

    (j) Within 400 flight hours after the effective date of this AD,
or within 800 flight hours after the last test done in accordance
with paragraph (g) of this AD, whichever is later, but not exceeding
3,000 flight hours after the last test done in accordance with
paragraph (g) of this AD; and before further flight after each
scheduled or unscheduled NLG replacement: Clean, lubricate, and
inspect for free movement of the NLG capsule/bearing in accordance
with the service bulletin.
    (1) For NLG capsules that have adequate free movement: At the
applicable interval specified in paragraphs (j)(1)(i) and (j)(1)(ii)
of this AD, repeat the cleaning, lubrication, and inspection for
free movement of the NLG capsule/bearing in accordance with the
service bulletin.

    (i) For airplanes on which the modification specified in BAe
Systems (Operations) Limited Service Bulletin J41-A32-084
(Modification JM41670), dated November 30, 2005, has not been
accomplished, repeat the actions specified in paragraph (j)(1) of
this AD at intervals not to exceed 800 flight hours after the last
inspection done in accordance with paragraph (j) of this AD.
    (ii) For airplanes on which the modification specified in BAe
Systems (Operations) Limited Service Bulletin J41-A32-084
(Modification JM41670), dated November 30, 2005, has been
accomplished, repeat the actions specified in paragraph (j)(1) of
this AD at intervals not to exceed 3,000 flight hours after the last
inspection done in accordance with paragraph (j) of this AD.
    (2) For NLG capsules that do not have adequate free movement:
Before further flight, replace the NLG assembly with a serviceable
assembly in accordance with the service bulletin. Thereafter, repeat
the actions specified in paragraph (j) of this AD at the applicable
interval specified in paragraph (j)(1) of this AD.

Replace the NLG Assembly With a Modified NLG Assembly

    (k) Within 48 months after the effective date of this AD:
Replace the NLG assembly with a modified assembly, in accordance
with BAE Systems (Operations) Limited Service Bulletin J41-32-084,
dated November 30, 2005. Thereafter, repeat the actions specified in
paragraph (j) of this AD at the applicable interval specified in
paragraph (j)(1) of this AD.

Parts Installation

    (l) As of the effective date of this AD, no person may install a
NLG on any airplane unless it has been inspected in accordance with
paragraph (j) of this AD.

Alternative Methods of Compliance (AMOCs)

    (m)(1) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested in accordance with the procedures found in 14
CFR 39.19.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
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

    (n) European Aviation Safety Agency airworthiness directive
2006-0131, dated May 18, 2006, also addresses the subject of this
AD.

    Issued in Renton, Washington, on June 9, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-13919 Filed 6-19-08; 8:45 am]

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