[Federal Register Volume 69, Number 25 (Friday, February 6, 2004)]
[Proposed Rules]
[Pages 5775-5778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2474]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-260-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to all BAE Systems (Operations) 
Limited (Jetstream) Model 4101 airplanes. This proposal would require 
revising the airplane flight manual to advise the flightcrew of special 
operating limitations associated with a reduction in airplane 
performance due to loss of propeller efficiency. This proposal also 
would require installing placards in the flight compartment and 
operating the airplane per certain special operating limitations; or 
performing repetitive flight checks to verify the adequacy of the 
airplane's climb performance, and accomplishing follow-on actions if 
necessary. This action is necessary to ensure that the flightcrew 
accounts for the potential loss of airplane performance due to loss of 
propeller efficiency, which could result in an increased risk of 
collision with terrain. This action is intended to address the 
identified unsafe condition.

DATES: Comments must be received by March 8, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-260-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
<a href="/cdn-cgi/l/email-protection#635a4e020d0e4e0d13110e000c0e0e060d17230502024d040c15"><span class="__cf_email__" data-cfemail="3a03175b545717544a4857595557575f544e7a5c5b5b145d554c">[email protected]</span></a>. Comments sent via fax or the Internet must 
contain ``Docket No. 2002-NM-260-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 or 2000 or 
ASCII text.

[[Page 5776]]

    The service information referenced in the proposed rule may be 
obtained from British Aerospace Regional Aircraft American Support, 
13850 Mclearen Road, Herndon, Virginia 20171. This information may be 
examined at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, 
SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1175; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this action may be changed in 
light of the comments received.
    Submit comments using the following format:
    <bullet<ls-thn-eq> Organize comments issue-by-issue. For example, 
discuss a request to change the compliance time and a request to change 
the service bulletin reference as two separate issues.
    <bullet<ls-thn-eq> For each issue, state what specific change to 
the proposed AD is being requested.
    <bullet<ls-thn-eq> Include justification (e.g., reasons or data) 
for each request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2002-NM-260-AD.'' The postcard will be date stamped 
and returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2002-NM-260-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The Civil Aviation Authority (CAA), which is the airworthiness 
authority for the United Kingdom, notified the FAA that an unsafe 
condition may exist on all BAE Systems (Operations) Limited (Jetstream) 
Model 4101 airplanes. The CAA advises that a shortfall in engine 
performance, compared to the performance standards shown in the 
airplane flight manual (AFM), has been observed during climb-
performance test flights. The shortfall has been attributed to a loss 
of propeller efficiency due to erosion or profile changes of the 
propeller blade's leading edge. The flightcrew may be unaware of the 
potential loss of airplane performance due to loss of propeller 
efficiency. This condition, if not corrected, could result in an 
increased risk of collision with terrain.

Explanation of Relevant Service Information

    BAE Systems (Operations) Limited has issued Service Bulletin J41-
A61-012, Revision 1, dated February 25, 2002. That service bulletin 
describes procedures for revising the BAE Jetstream Series 4100 
Airplane Flight Manual by inserting AFM Supplement 8, and installing 
placards near the limitations placards in the flight compartment to 
advise the flightcrew to operate the airplane per the special operating 
limitations in AFM Supplement 8. AFM Supplement 8 revises the General, 
Performance, Supplements, and Appendices sections of the AFM to include 
information associated with a reduction in airplane performance due to 
loss of propeller efficiency.
    BAE Systems (Operations) Limited also has issued Service Bulletin 
J41-61-013, Revision 1, dated February 25, 2002, which describes 
procedures for repetitive flight checks (which the service bulletin 
refers to as ``flight tests'') to verify the adequacy of the airplane's 
climb performance. If the airplane's climb performance is adequate, the 
service bulletin provides for removal of placards installed per Service 
Bulletin J41-A61-012, Revision 1 (if such placards were installed 
previously), and operation of the airplane without limitation by AFM 
Supplement 8.
    Accomplishment of the actions specified in the applicable service 
bulletins is intended to adequately address the identified unsafe 
condition. The CAA classified BAE Systems (Operations) Limited Service 
Bulletin J41-A61-012, Revision 1, as mandatory and issued British 
airworthiness directive 001-11-2001 to ensure the continued 
airworthiness of these airplanes in the United Kingdom.

FAA's Conclusions

    This airplane model is manufactured in the United Kingdom and is 
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, the CAA has kept us informed 
of the situation described above. We have examined the findings of the 
CAA, reviewed all available information, and determined that AD action 
is necessary for products of this type design that are certificated for 
operation in the United States.

Explanation of Requirements of Proposed AD

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design registered 
in the United States, the proposed AD would require revising the 
airplane flight manual (AFM) to advise the flightcrew of special 
operating limitations associated with a reduction in airplane 
performance due to loss of propeller efficiency. This proposed AD also 
would require installing placards in the flight compartment and 
operating the airplane per certain special operating limitations; or 
performing repetitive flight checks to verify the adequacy of the 
airplane's climb performance, and accomplishing follow-on actions if 
necessary. The actions would be required to be accomplished in 
accordance with the service information described previously, except as 
discussed below.

Difference Between Proposed AD and CAA Airworthiness Directive

    Although this proposed AD would provide for accomplishment of 
repetitive flight checks per BAE Systems (Operations) Limited Service 
Bulletin J41-61-013, Revision 1, as one alternative for compliance, 
British airworthiness directive 001-11-2001 does not reference the 
flight checks specified in that service bulletin. The CAA acknowledges 
the availability of flight checks as another alternative to

[[Page 5777]]

address the unsafe condition associated with this proposed AD.

Differences Between Proposed AD and Service Information

    As explained previously, BAE Systems Service Bulletin J41-61-013, 
Revision 1, describes procedures for repetitive flight tests to 
determine the climb performance of both engines of the airplane. This 
proposed AD refers to those flight tests as flight checks to 
differentiate them from FAA certification flight tests. We have 
determined that the procedures in the service bulletin describe a post-
maintenance flight and not an FAA certification flight test. The check 
must be performed by an appropriately rated flightcrew. Paragraph (c) 
of this proposed AD clarifies this issue.
    Although BAE Systems (Operations) Limited Service Bulletin J41-A61-
012, Revision 1, and J41-61-013, Revision 1, specify to submit 
information on the accomplishment of these service bulletins to the 
manufacturer, this proposed AD does not include such a requirement.

Cost Impact

    We estimate that 57 airplanes of U.S. registry would be affected by 
this proposed AD.
    It would take approximately 1 work hour per airplane to accomplish 
the proposed AFM revision, at an average labor rate of $65 per work 
hour. Based on these figures, the cost impact of the proposed AD on 
U.S. operators is estimated to be $3,705, or $65 per airplane.
    This proposed AD also provides for either installation of placards 
or accomplishment of repetitive flight checks as acceptable necessary 
follow-on actions. Either action would take approximately 1 work hour 
per airplane to accomplish, at an average labor rate of $65 per work 
hour. Based on these figures, the cost impact of either of these 
proposed actions is estimated to be $65 per airplane, though for the 
repetitive flight checks, this cost impact would be per check cycle.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the proposed requirements 
of this AD action, and that no operator would accomplish those actions 
in the future if this AD were not adopted. The cost impact figures 
discussed in AD rulemaking actions represent only the time necessary to 
perform the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

Regulatory Impact

    The regulations proposed herein 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. Therefore, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that 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) if promulgated, 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. A copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new 
airworthiness directive:

BAE Systems (Operations) Limited (Formerly British Aerospace 
Regional Aircraft): Docket 2002-NM-260-AD.

    Applicability: All Model Jetstream 4101 airplanes, certificated 
in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To ensure that the flightcrew accounts for the potential loss of 
airplane performance due to loss of propeller efficiency, which 
could result in an increased risk of collision with terrain, 
accomplish the following:

Initial Compliance Times

    (a) At the applicable time specified in paragraph (a)(1) or 
(a)(2) of this AD: Revise the General, Performance, Supplements, and 
Appendices sections of the BAE Jetstream Series 4100 Airplane Flight 
Manual (AFM) by incorporating the information in AFM Supplement 8; 
then, before further flight, do the actions in paragraph (b) or (c) 
of this AD.
    (1) For propeller blades that have not been overhauled: Prior to 
the accumulation of 6,000 total flight hours on any propeller blade, 
or within 30 days after the effective date of this AD, whichever is 
later.
    (2) For overhauled propeller blades: Within 7 days since the 
most recent overhaul of any propeller blade, or within 7 days after 
the effective date of this AD, whichever is later.

Alternative 1: Installation of Placards and Special Operating 
Limitations

    (b) Do all actions in paragraphs 2.A.(2) and 2.A.(3) of the 
Accomplishment Instructions of BAE Systems (Operations) Limited 
Service Bulletin J41-A61-012, Revision 1, dated February 25, 2002. 
These actions include installing placards in the flight compartment 
to advise the flightcrew of special operating limitations associated 
with AFM Supplement 8. Although BAE Systems (Operations) Limited 
Service Bulletin J41-A61-012, Revision 1, specifies to submit 
information on the accomplishment of this service bulletin to the 
manufacturer, this AD does not include such a requirement.

Alternative 2: Flight Check

    (c) Do a flight check to verify the adequacy of the airplane's 
climb performance, per BAE Systems (Operations) Limited Service 
Bulletin J41-61-013, Revision 1, dated February 25, 2002. This 
flight check is considered a post-maintenance flight and is not an 
FAA certification flight test. This check must be performed by an 
appropriately rated flightcrew. If there is any difference between 
the referenced service bulletin and this AD, this AD prevails. 
Accomplishment of the actions specified in BAE Systems (Operations) 
Limited Document AE1150/J41 (``Jetstream 41 Propeller Performance 
Fleet Monitoring Programme''), Issue 2, dated January 18, 2002, is 
an acceptable means of compliance with this paragraph.
    (1) If the climb rate during the flight check is less than 35 
feet per minute below the gross climb rate specified in the AFM: 
Repeat the flight check at intervals not to exceed 3,000 flight 
hours.
    (2) If the climb rate during any flight check per paragraph (c) 
or (c)(1) of this AD is 35 feet per minute or more below the gross 
climb rate specified in the AFM: Before further flight, do the 
actions required by paragraph (b) of this AD.

Removal of Placards and Eventual Re-Installation of Same

    (d) If the propeller blades on the left and right propellers on 
an airplane are replaced so that no propeller blade installed on the 
airplane has accumulated 6,000 or more total flight hours and no 
propeller blade has been overhauled: The placards installed per 
paragraph (b) of this AD may be removed from the airplane, and 
operation of the

[[Page 5778]]

airplane per AFM Supplement 8, or accomplishment of the repetitive 
flight checks per paragraph (c) of this AD, is no longer required. 
Then, at the time specified in paragraph (d)(1) or (d)(2) of this 
AD, as applicable, repeat the actions required by paragraph (b) or 
(c) of this AD.
    (1) For propeller blades that have not been overhauled: Prior to 
the accumulation of 6,000 total flight hours on any propeller blade.
    (2) For overhauled propeller blades: Within 7 days after 
overhauling any propeller blade.

Alternative Methods of Compliance

    (e) In accordance with 14 CFR 39.19, the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA, is authorized 
to approve alternative methods of compliance for this AD.

    Note 1: The subject of this AD is addressed in British 
airworthiness directive 001-11-2001.


    Issued in Renton, Washington, on January 29, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-2474 Filed 2-5-04; 8:45 am]
BILLING CODE 4910-13-P


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