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.

Proposed Rules Federal Register

7405 

Vol. 75, No. 33 

Friday, February 19, 2010 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0123; Directorate 

Identifier 2010–CE–004–AD] 

RIN 2120–AA64 

Airworthiness Directives; British 

Aerospace Regional Aircraft Model 

Jetstream Series 3101 and Jetstream 

Model 3201 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

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: 

BAE Systems have received three reports of 

uncommanded flap extensions affecting 

different Jetstream 31 aeroplanes. In one 

instance, the aeroplane exceeded the 

airspeed limit allowed for the uncommanded 

flap configuration, resulting in damage to the 

wing trailing edge. 

Following investigation, it was considered 

that a loss of electrical signal to the ‘‘up’’ 

solenoid of the flap selector valve had 

occurred and, combined with the normal 

internal leakage in the hydraulic system, 

resulted in hydraulic pressure being supplied 

to the ‘‘down’’ side of the flap hydraulic jack. 

The loss of signal could have been 

intermittent, and the evidence strongly 

implicated oxide debris contamination of the 

flap selector switch contacts. 

This condition, if not corrected, could lead 

to further cases of damage to the aeroplane 

due to airspeed limit exceedance, possibly 

resulting in asymmetric flap deployment, 

which could lead to loss of control of the 

aeroplane. 

DATES: We must receive comments on 

this proposed AD by April 5, 2010. 

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. 

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: 

Taylor Martin, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 

Locust, Room 301, Kansas City, 

Missouri 64106; telephone: (816) 329– 

4138; fax: (816) 329–4090. 

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–2010–0123; Directorate Identifier 

2010–CE–004–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 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA AD No.: 

2009–0267, dated December 17, 2009 

(referred to after this as ‘‘the MCAI’’), to 

correct an unsafe condition for the 

specified products. The MCAI states: 

BAE Systems have received three reports of 

uncommanded flap extensions affecting 

different Jetstream 31 aeroplanes. In one 

instance, the aeroplane exceeded the 

airspeed limit allowed for the uncommanded 

flap configuration, resulting in damage to the 

wing trailing edge. 

Following investigation, it was considered 

that a loss of electrical signal to the ‘‘up’’ 

solenoid of the flap selector valve had 

occurred and, combined with the normal 

internal leakage in the hydraulic system, 

resulted in hydraulic pressure being supplied 

to the ‘‘down’’ side of the flap hydraulic jack. 

The loss of signal could have been 

intermittent, and the evidence strongly 

implicated oxide debris contamination of the 

flap selector switch contacts. 

This condition, if not corrected, could lead 

to further cases of damage to the aeroplane 

due to airspeed limit exceedance, possibly 

resulting in asymmetric flap deployment, 

which could lead to loss of control of the 

aeroplane. 

To address this unsafe condition, BAE 

Systems have developed a modification for 

the wiring to the flap selector switch, 

connecting a different (unused) pair of 

contacts to provide a duplicated signal path 

within the switch. 

For the reasons described above, this AD 

requires the modification of the flap selector 

switch wiring. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

BAE Systems has issued British 

Aerospace Jetstream Series 3100 & 3200 

Service Bulletin 27–JM7861, dated 

February 12, 2008. The actions 

described in this service information are 

intended to correct the unsafe condition 

identified in the MCAI. 

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 this State of 


srobinson on DSKHWCL6B1PROD with PROPOSALS
7406 Federal Register / Vol. 75, No. 33 / Friday, February 19, 2010 / Proposed Rules 

Design Authority, they have notified us 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all 

information and determined the unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Differences Between This Proposed 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 proposed 

different actions in this AD from those 

in the MCAI in order to follow FAA 

policies. Any such differences are 

highlighted in a NOTE within the 

proposed AD. 

Costs of Compliance 

We estimate that this proposed AD 

will affect 190 products of U.S. registry. 

We also estimate that it would take 

about 5 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $85 per work-hour. Required 

parts would cost about $50 per product. 

Based on these figures, we estimate 

the cost of the proposed AD on U.S. 

operators to be $90,250, or $475 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 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 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. 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. 

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. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new AD: 

British Aerospace Regional Aircraft: Docket 

No. FAA–2010–0123; Directorate 

Identifier 2010–CE–004–AD. 

Comments Due Date 

(a) We must receive comments by April 5, 

2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Jetstream Series 

3101 and Jetstream Model 3201 airplanes, all 

serial numbers, certificated in any category. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 27: Flight Controls. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

BAE Systems have received three reports of 

uncommanded flap extensions affecting 

different Jetstream 31 aeroplanes. In one 

instance, the aeroplane exceeded the 

airspeed limit allowed for the uncommanded 

flap configuration, resulting in damage to the 

wing trailing edge. 

Following investigation, it was considered 

that a loss of electrical signal to the ‘up’ 

solenoid of the flap selector valve had 

occurred and, combined with the normal 

internal leakage in the hydraulic system, 

resulted in hydraulic pressure being supplied 

to the ‘down’ side of the flap hydraulic jack. 

The loss of signal could have been 

intermittent, and the evidence strongly 

implicated oxide debris contamination of the 

flap selector switch contacts. 

This condition, if not corrected, could lead 

to further cases of damage to the aeroplane 

due to airspeed limit exceedance, possibly 

resulting in asymmetric flap deployment, 

which could lead to loss of control of the 

aeroplane. 

To address this unsafe condition, BAE 

Systems have developed a modification for 

the wiring to the flap selector switch, 

connecting a different (unused) pair of 

contacts to provide a duplicated signal path 

within the switch. 

For the reasons described above, this AD 

requires the modification of the flap selector 

switch wiring. 

Actions and Compliance 

(f) Unless already done, within 6 months 

after the effective date of this AD, install 

modification JM7861, Introduction of a Wire 

Link to Flap Selector Switch, following the 

accomplishment instructions of BAE Systems 

British Aerospace Jetstream Series 3100 & 

3200 Service Bulletin 27–JM7861, dated 

February 12, 2008. 

FAA AD Differences 

Note: 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, Standards Office, 

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: Taylor Martin, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4138; fax: (816) 329– 

4090. 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 FAAapproved 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. 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 75, No. 33 / Friday, February 19, 2010 / Proposed Rules 7407 

(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 

(h) Refer to MCAI European Aviation 

Safety Agency AD No.: 2009–0267, dated 

December 17, 2009; and BAE Systems British 

Aerospace Jetstream Series 3100 & 3200 

Service Bulletin 27–JM7861, dated February 

12, 2008, for related information. 

Issued in Kansas City, Missouri, on 

February 8, 2010. 

Steven W. Thompson, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–3190 Filed 2–18–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0122; Directorate 

Identifier 2009–CE–067–AD] 

RIN 2120–AA64 

Airworthiness Directives; Piper 

Aircraft, Inc. Models PA–32R–301T and 

PA–46–350P Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

Piper Aircraft, Inc. Models PA–32R– 

301T and PA–46–350P airplanes. This 

proposed AD would require you to 

replace any spot-welded V-band exhaust 

coupling with a riveted V-band exhaust 

coupling. This proposed AD results 

from reports that spot-welded V-band 

exhaust couplings are failing. We are 

proposing this AD to prevent failure of 

the V-band exhaust coupling, which 

could cause the exhaust pipe to detach 

from the turbocharger. This failure 

could result in release of high 

temperature gases inside the engine 

compartment and possibly cause an inflight fire. An in-flight fire could lead to 

loss of control. 

DATES: We must receive comments on 

this proposed AD by April 5, 2010. 

ADDRESSES: Use one of the following 

addresses to comment on this proposed 

AD: 

• 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 FURTHER INFORMATION CONTACT: 

Darby Mirocha, Aerospace Engineer, 

FAA, Atlanta Aircraft Certification 

Office (ACO), 1701 Columbia Avenue, 

College Park, Georgia 30337; telephone: 

(404) 474–5573; fax: (404) 474–5606; 

e-mail: darby.mirocha@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments 

regarding this proposed AD. Send your 

comments to an address listed under the 

ADDRESSES section. Include the docket 

number, ‘‘FAA–2010–0122; Directorate 

Identifier 2009–CE–067–AD’’ at the 

beginning of your comments. We 

specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

the proposed AD. We will consider all 

comments received by the closing date 

and may amend the proposed AD in 

light 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 

concerning this proposed AD. 

Discussion 

We have received reports that spotwelded V-band exhaust couplings that 

are installed on certain Piper Aircraft, 

Inc. Models PA–32R–301T and PA–46– 

350P airplanes are failing. 

The V-band exhaust coupling attaches 

the exhaust pipe to the engine’s 

turbocharger. The spot welds on the 

coupling can fail and the coupling may 

become detached from the turbocharger 

and expose the firewall to hot exhaust 

gases. 

Several failures of part number 

40D21162–340M, a Lycoming spotwelded coupling, on other airplane 

models have occurred, and some of the 

failures resulted in an in-flight fire. 

These failures caused us to issue the 

following ADs: 

• AD 2004–23–17, Amendment 39– 

13872 (69 FR 67809, November 22, 

2004), applicable to Mooney Airplane 

Company, Inc. Model M20M airplanes; 

and 

• AD 2000–11–04, Amendment 39– 

11752 (65 FR 34941, June 1, 2000), 

applicable to Commander Aircraft 

Company Model 114TC airplanes. 

A newer and more robust design 

V-band exhaust coupling has been 

developed by the Lycoming supplier 

that is assembled using rivets instead of 

spot welds. 

This condition, if not corrected, could 

result in failure of the V-band exhaust 

coupling, which could cause the 

exhaust pipe to detach from the 

turbocharger. This failure could result 

in release of high temperature gases 

inside the engine compartment and 

possibly cause an in-flight fire. An inflight fire could lead to loss of control. 

FAA’s Determination and Requirements 

of the Proposed AD 

We are proposing this AD because we 

evaluated all information and 

determined the unsafe condition 

described previously is likely to exist or 

develop on other products of the same 

type design. This proposed AD would 

require replacing any spot-welded 

V-band exhaust coupling with a riveted 

V-band exhaust coupling. 

Costs of Compliance 

We estimate that this proposed AD 

could affect up to 596 airplanes in the 

U.S. registry provided they had the 

affected V-band exhaust coupling 

installed. 

We estimate the following costs to do 

the proposed replacement: 


srobinson on DSKHWCL6B1PROD with PROPOSALS