Federal Register / Vol. 75, No. 82 / Thursday, April 29, 2010 / Rules and Regulations 22517 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0123 Directorate 

Identifier 2010–CE–004–AD; Amendment 

39–16267; AD 2010–09–02] 

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: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

issued 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. 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective June 

3, 2010. 

On June 3, 2010, the Director of the 

Federal Register approved the 

incorporation by reference of certain 

publications listed in this AD. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at 

Document Management Facility, U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590. 

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: 

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 February 19, 2010 (75 FR 

7405). That NPRM proposed 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. 

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. 

Conclusion 

We reviewed the available data and 

determined that air safety and the 

public interest require adopting the AD 

as proposed. 

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 FAA policies. 

Any such differences are highlighted in 

a Note within the AD. 

Costs of Compliance 

We estimate that this AD will affect 

190 products of U.S. registry. We also 

estimate that it will take about 5 workhours per product to comply with the 

basic requirements of this AD. The 

average labor rate is $85 per work-hour. 

Required parts will cost about $50 per 

product. 

Based on these figures, we estimate 

the cost of this AD to the 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 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 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); and 

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22518 Federal Register / Vol. 75, No. 82 / Thursday, April 29, 2010 / Rules and Regulations 

(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 Management Facility 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 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 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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: 

2010–09–02 British Aerospace Regional 

Aircraft: Amendment 39–16267; Docket 

No. FAA–2010–0123; Directorate 

Identifier 2010–CE–004–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective June 3, 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 June 3, 2010 (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 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 

(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. 

Material Incorporated by Reference 

(i) You must use BAE Systems British 

Aerospace Jetstream Series 3100 & 3200 

Service Bulletin 27–JM7861, dated February 

12, 2008, to do the actions required by this 

AD, unless the AD specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact BAE Systems (Operations) 

Ltd, Customer Information Department, 

Prestwick International Airport, Ayrshire, 

KA9 2RW, Scotland, United Kingdom; 

telephone +44 1292 675207, fax: +44 1292 

675704; E-mail: 

RApublications@baesystems.com. 

(3) You may review copies of the service 

information incorporated by reference for 

this AD at the FAA, Central Region, Office of 

the Regional Counsel, 901 Locust, Kansas 

City, Missouri 64106. For information on the 

availability of this material at the Central 

Region, call (816) 329–3768. 

(4) You may also review copies of the 

service information incorporated by reference 

for this AD 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 Kansas City, Missouri, on April 

12, 2010. 

John R. Colomy, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–9093 Filed 4–28–10; 8:45 am] 

BILLING CODE 4910–13–P 

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