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###### Department of Transportation

###### Federal Aviation Administration

          - 14 CFR Part 39
          - [Docket No. FAA-2010-0942; Directorate Identifier 2010-CE-049-AD; Amendment 39-16535; AD 2010-25-02]
          - RIN 2120-AA64

# 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:

As a result of the fatigue-testing programme on the Jetstream fatigue test specimen, it has been identified that failure of the undercarriage jack mounting shaft assembly can occur.

This condition, if not corrected, could lead to a Main Landing Gear (MLG) collapse on the ground or during landing and consequently damage to the aeroplane or injury to the occupants.

We are issuing this AD to require actions to correct the unsafe condition on these products.

# DATES:

This AD becomes effective January 11, 2011.

On January 11, 2011, 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 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.*                         You may review copies of the referenced service information at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call 816-329-4148.                    

# 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; e-mail:                         *taylor.martin@faa.gov.*

# 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 September 27, 2010 (75 FR 59170). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states:                

As a result of the fatigue-testing programme on the Jetstream fatigue test specimen, it has been identified that failure of the undercarriage jack mounting shaft assembly can occur.

This condition, if not corrected, could lead to a Main Landing Gear (MLG) collapse on the ground or during landing and consequently damage to the aeroplane or injury to the occupants.

BAE SYSTEMS have now defined safe life limits for these components.

For the reasons described above, this AD requires the application of safe life limits to these components.

## 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.                          ( print page 75883)    

## 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 80 products of U.S. registry. We also estimate that it will take about 15 work-hours 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 $10,000 per product.

Based on these figures, we estimate the cost of this AD to the U.S. operators to be $902,000, or $11,275 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

(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 

2. The FAA amends § 39.13 by adding the following new AD: 

**2010-25-02 British Aerospace Regional Aircraft:**                             Amendment 39-16535; Docket No. FAA-2010-0942; Directorate Identifier 2010-CE-049-AD.                        

## Effective Date

(a) This airworthiness directive (AD) becomes effective January 11, 2011.

## Affected ADs

(b) None.

## Applicability

(c) This AD applies to British Aerospace Regional Aircraft Models Jetstream Series 3101 and Jetstream Model 3201 airplanes, all serial numbers, certificated in any category.

## Subject

(d) Air Transport Association of America (ATA) Code 32: Landing Gear.

## Reason

(e) The mandatory continuing airworthiness information (MCAI) states:

As a result of the fatigue-testing programme on the Jetstream fatigue test specimen, it has been identified that failure of the undercarriage jack mounting shaft assembly can occur.

This condition, if not corrected, could lead to a Main Landing Gear (MLG) collapse on the ground or during landing and consequently damage to the aeroplane or injury to the occupants.

BAE SYSTEMS have now defined safe life limits for these components.

For the reasons described above, this AD requires the application of safe life limits to these components.

## Actions and Compliance

(f) Unless already done, do the following actions:

(1) Within 30 days after January 11, 2011 (the effective date of this AD), establish the number of flight cycles (landings) accumulated since installation of each left and right main landing gear radius rod mounting shaft assemblies following paragraph 2.(A) of BAE Systems British Aerospace Jetstream Series 3100 & 3200 Service Bulletin 05-JA090143, dated April 30, 2009.

(2) Replace the left and right main landing gear radius rod mounting shaft assembly with an airworthy assembly following British Aerospace Jetstream Series 3100 & 3200 Service Bulletin 32-JA990142, dated March 26, 1999, within the following:

                            (i)                             *For Model Jetstream Series 3101:*                             Within 38,220 total landings accumulated on each main landing gear radius rod mounting shaft assembly or within 1,000 landings after January 11, 2011 (the effective date of this AD), whichever occurs later; and                        

                            (ii)                             *For Model Jetstream Model 3201:*                             Within 31,038 total landings accumulated on each main landing gear radius rod mounting shaft assembly or within 1,000 landings after January 11, 2011 (the effective date of this AD), whichever occurs later.                        

(3) After replacing each main landing gear radius rod mounting shaft assembly as required by paragraph (f)(2) of this AD, repetitively thereafter replace each assembly with an airworthy assembly at intervals not to exceed the following life limits:

                            (i)                             *For Model Jetstream Series 3101:*                             Within 38,220 total landings; and                        

                            (ii)                             *For Model Jetstream Model 3201:*                             Within 31,038 total landings.                        

(4) For operators that do not have landing records, determine the number of landings by multiplying the number of hours time-in-service (TIS) accumulated on each main landing gear radius rod mounting shaft assembly by 0.75. For the purpose of this AD:

(i) 1,000 landings equals 1,333 hours TIS;

(ii) 31,038 landings equals 41,384 hours TIS; and

(iii) 38,220 landings equals 50,960 hours TIS.

                            (5) Compliance with the life limits set in paragraph (f)(3) of this AD may be done by incorporating these limits into the limitations section of the aircraft maintenance manual. You may do this by inserting a copy of this                                   ( print page 75884)                                AD into the limitations section of aircraft maintenance manual.                        

## 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; e-mail:                             *taylor.martin@faa.gov.*                             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 (EASA) AD No.: 2010-0162, dated August 4, 2010; BAE Systems British Aerospace Jetstream Series 3100 & 3200 Service Bulletin 05-JA090143, dated April 30, 2009; and British Aerospace Regional Aircraft British Aerospace Jetstream Series 3100 & 3200 Service Bulletin 32-JA990142, dated March 26, 1999, for related information.

## Material Incorporated by Reference

(i) You must use BAE Systems British Aerospace Jetstream Series 3100 & 3200 Service Bulletin 05-JA090143, dated April 30, 2009; and British Aerospace Regional Aircraft British Aerospace Jetstream Series 3100 & 3200 Service Bulletin 32-JA990142, dated March 26, 1999, 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 referenced service information at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call 816-329-4148.

                            (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 November 23, 2010.

Earl Lawrence,

Manager, Small Airplane Directorate, Aircraft Certification Service.

[FR Doc. 2010-30197 Filed 12-6-10; 8:45 am]

BILLING CODE 4910-13-P