46888 Federal Register / Vol. 74, No. 176 / Monday, September 14, 2009 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0817; Directorate 

Identifier 2009–CE–046–AD; Amendment 

39–16020; AD 2009–19–03] 

RIN 2120–AA64 

Airworthiness Directives; British 

Aerospace Regional Aircraft Model 

HP.137 Jetstream Mk.1, Jetstream 

Series 200 and 3101, and Jetstream 

Model 3201 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above that will 

supersede an existing AD. This AD 

results from mandatory continuing 

airworthiness information (MCAI) 

issued by the 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 been notified by the 

main landing gear (MLG) radius rod 

manufacturer, APPH Ltd, that a batch of 

incorrectly manufactured Buffer Springs (part 

number 184818) has been supplied to their 

parts distributor and maintenance and repair 

organisation (MRO) facilities in North 

America. 

There is a risk that any radius rod fitted 

with one of these incorrectly manufactured 

Buffer Springs could jam in an unlocked 

position. This condition, if not corrected, 

could result in MLG collapse and consequent 

injury to occupants of the aeroplane. EASA 

issued AD 2009–0121–E to require the 

replacement of the affected radius rods. 

BAE Systems (Operations) Ltd Alert 

Service Bulletin (ASB) 32–A–JA090640 

Revision 2 (the ASB) has now been issued, 

which identifies an additional seven affected 

radius rods by serial number (s/n). 

This AD requires actions that are 

intended to address the unsafe 

condition described in the MCAI. 

DATES: This AD becomes effective 

October 5, 2009. 

On October 5, 2009, the Director of 

the Federal Register approved the 

incorporation by reference of British 

Aerospace Jetstream Series 3100 and 

3200 Alert Service Bulletin 32–A– 

JA090640, Revision 2, dated August 11, 

2009, listed in this AD. 

As of June 26, 2009 (74 FR 29936, 

June 24, 2009), the Director of the 

Federal Register approved the 

incorporation by reference of British 

Aerospace Jetstream Series 3100 and 

3200 Alert Service Bulletin 32–A– 

JA090640, dated June 2009 (includes an 

attached Accomplishment Report), and 

APPH Ltd. Service Bulletins 1847–32– 

14 and 1862–32–14, as applicable, both 

dated June 2009, listed in this AD. 

We must receive comments on this 

AD by October 29, 2009. 

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 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, 901 

Locust, Room 301, Kansas City, 

Missouri 64106; telephone: (816) 329– 

4138; fax: (816) 329–4090. 

SUPPLEMENTARY INFORMATION: 

Discussion 

On June 18, 2009, we issued AD 

2009–13–10, Amendment 39–15949 (74 

FR 29936; June 24, 2009). That AD 

required actions intended to address an 

unsafe condition on the products listed 

above. 

Since we issued AD 2009–13–10, 

British Aerospace Regional Aircraft has 

issued revised service information 

which identifies an additional seven 

affected radius rods by serial number. 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Emergency AD No. 2009–0181–E, dated 

August 12, 2009 (referred to after this as 

‘‘the MCAI’’), to correct an unsafe 

condition for the specified products. 

The MCAI states: 

BAE Systems have been notified by the 

main landing gear (MLG) radius rod 

manufacturer, APPH Ltd, that a batch of 

incorrectly manufactured Buffer Springs (part 

number 184818) has been supplied to their 

parts distributor and maintenance and repair 

organisation (MRO) facilities in North 

America. 

There is a risk that any radius rod fitted 

with one of these incorrectly manufactured 

Buffer Springs could jam in an unlocked 

position. This condition, if not corrected, 

could result in MLG collapse and consequent 

injury to occupants of the aeroplane. EASA 

issued AD 2009–0121–E to require the 

replacement of the affected radius rods. 

BAE Systems (Operations) Ltd Alert 

Service Bulletin (ASB) 32–A–JA090640 

Revision 2 (the ASB) has now been issued, 

which identifies an additional seven affected 

radius rods by serial number (s/n). 

For the reasons described above, this AD 

retains the requirements of AD 2009–0121– 

E, which is superseded, and expands the 

applicability to include the replacement of 

the additional units. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

British Aerospace Regional Aircraft 

has issued: 

• British Aerospace Jetstream Series 

3100 and 3200 Alert Service Bulletin 

32–A–JA090640, dated June 2009 

(includes an attached Accomplishment 

Report); 

• British Aerospace Jetstream Series 

3100 and 3200 Alert Service Bulletin 

32–A–JA090640, Revision 2, dated 

August 11, 2009 (includes an attached 

Accomplishment Report); and 

• APPH Ltd. Service Bulletins 1847– 

32–14 and 1862–32–14, both dated June 

2009. 

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 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 

Design Authority, they have notified us 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are issuing this 

AD because we evaluated all 

information provided by the State of 

Design Authority and determined the 

unsafe condition exists and is likely to 

exist or develop on other products of the 

same type design. 

Differences Between This AD and the 

MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 


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Federal Register / Vol. 74, No. 176 / Monday, September 14, 2009 / Rules and Regulations 46889 

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 have also required different 

actions in this AD from those in the 

MCAI in order to follow FAA policies. 

Any such differences are described in a 

separate paragraph of the AD. These 

requirements take precedence over 

those copied from the MCAI. 

FAA’s Determination of the Effective 

Date 

An unsafe condition exists that 

requires the immediate adoption of this 

AD. The FAA has found that the risk to 

the flying public justifies waiving notice 

and comment prior to adoption of this 

rule because we evaluated all 

information provided by the State of 

Design Authority and determined the 

unsafe condition exists and is likely to 

exist or develop on other products of the 

same type design. Therefore, we 

determined that notice and opportunity 

for public comment before issuing this 

AD are impracticable and that good 

cause exists for making this amendment 

effective in fewer than 30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not precede it by notice and 

opportunity for public comment. We 

invite you to send any written relevant 

data, views, or arguments about this AD. 

Send your comments to an address 

listed under the ADDRESSES section. 

Include ‘‘Docket No. FAA–2009–0817; 

Directorate Identifier 2009–CE–046– 

AD’’ at the beginning of your comments. 

We specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

this AD. We will consider all comments 

received by the closing date and may 

amend this 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 AD. 

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 that 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. 

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 

removing Amendment 39–15949 (74 FR 

29936; June 24, 2009), and adding the 

following new AD: 

2009–19–03 British Aerospace Regional 

Aircraft: Amendment 39–16020; Docket 

No. FAA–2009–0817; Directorate 

Identifier 2009–CE–046–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective October 5, 2009. 

Affected ADs 

(b) This AD supersedes AD 2009–13–10; 

Amendment 39–15949. 

Applicability 

(c) This AD applies to Model HP.137 

Jetstream Mk.1, Jetstream Series 200 and 

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: 

BAE Systems have been notified by the 

main landing gear (MLG) radius rod 

manufacturer, APPH Ltd, that a batch of 

incorrectly manufactured Buffer Springs (part 

number 184818) has been supplied to their 

parts distributor and maintenance- and repair 

organisation (MRO) facilities in North 

America. 

There is a risk that any radius rod fitted 

with one of these incorrectly manufactured 

Buffer Springs could jam in an unlocked 

position. This condition, if not corrected, 

could result in MLG collapse and consequent 

injury to occupants of the aeroplane. EASA 

issued AD 2009–0121–E to require the 

replacement of the affected radius rods. 

BAE Systems (Operations) Ltd Alert 

Service Bulletin (ASB) 32–A–JA090640 

Revision 2 (the ASB) has now been issued, 

which identifies an additional seven affected 

radius rods by serial number (s/n). 

For the reasons described above, this AD 

retains the requirements of AD 2009–0121– 

E, which is superseded, and expands the 

applicability to include the replacement of 

the additional units. 

Actions and Compliance 

(f) Unless already done, do the following 

actions: 

(1) Before further flight after October 5, 

2009 (the effective date of this AD) inspect 

the main landing gear (MLG) radius rods to 

identify if you have part number (P/N) 1847/ 

D through 1847/N and 1862/D through 1862/ 

N with one of the affected serial numbers 

listed in British Aerospace Jetstream Series 

3100 and 3200 Alert Service Bulletin 32–A– 

JA090640, Revision 2, dated August 11, 2009. 

Perform the inspection following British 

Aerospace Jetstream Series 3100 and 3200 

Alert Service Bulletin 32–A–JA090640, 

Revision 2, dated August 11, 2009. Only 

paragraphs (f)(3) and (f)(4) of this AD apply 

to you if one or both of the following exists: 

(i) If you do not have one of the affected 

P/Ns installed; and/or 

(ii) If you can positively show 

(maintenance records) that, during the 

inspection required by AD 2009–13–10, none 

of the serial number radius rods listed in 


cprice-sewell on DSK2BSOYB1PROD with RULES
46890 Federal Register / Vol. 74, No. 176 / Monday, September 14, 2009 / Rules and Regulations 

British Aerospace Jetstream Series 3100 and 

3200 Alert Service Bulletin 32–A–JA090640, 

Revision 2, dated August 11, 2009, are 

installed. 

(2) If as a result of the inspection required 

in paragraph (f)(1) of this AD you find one 

of the affected P/N MLG radius rods installed 

on the airplane, before further flight, install 

one of the following MLG radius rods: 

(i) A serviceable MLG radius rod that is not 

in one of the following P/N ranges: 1847/D 

through 1847/N or 1862/D through 1862/N; 

or 

(ii) An affected P/N MLG radius rod that 

has already been inspected following APPH 

Ltd. Service Bulletin 1847–32–14 or 1862– 

32–14, as applicable, both dated June 2009, 

and found to be serviceable. 

(3) As of October 5, 2009 (the effective date 

of this AD), do not install an affected part 

number MLG radius rod unless it has been 

inspected following APPH Ltd. Service 

Bulletin 1847–32–14 or 1862–32–14, as 

applicable, both dated June 2009, and found 

to be serviceable. 

Note 1: The inspection requirements of 

paragraph (f)(3) above apply to any 

replacement required per AD 2007–21–17. 

(4) Within 30 days after the inspection 

required in paragraph (f)(1) of this AD, send 

an Accomplishment (Inspection) Report to 

BAE Systems following the instructions in 

paragraph 2.C of British Aerospace Jetstream 

Series 3100 and 3200 Alert Service Bulletin 

32–A–JA090640, Revision 2, dated August 

11, 2009. Include the details of any radius 

rods removed. 

FAA AD Differences 

Note 2: 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. 

Special Flight Permit 

(h) Under 14 CFR 39.23, we are limiting 

special flight permits for the purpose of 

compliance with this AD under the following 

conditions: 

(1) Operate the airplane only with the MLG 

in the down and verified locked position 

throughout the entire flight; and 

(2) Coordinate additional flight restrictions 

with British Aerospace Regional Aircraft 

using the contact information provided in 

paragraph (j)(2) of this AD. 

Related Information 

(i) Refer to MCAI EASA Emergency AD No. 

2009–0181–E, dated August 12, 2009; British 

Aerospace Jetstream Series 3100 and 3200 

Alert Service Bulletin 32–A–JA090640, 

Revision 2, dated August 11, 2009 (includes 

an attached Accomplishment Report); and 

APPH Ltd. Service Bulletins 1847–32–14 and 

1862–32–14, both dated June 2009, for 

related information. 

Material Incorporated by Reference 

(j) You must use British Aerospace 

Jetstream Series 3100 and 3200 Alert Service 

Bulletin 32–A–JA090640, Revision 2, dated 

August 11, 2009 (includes an attached 

Accomplishment Report); and APPH Ltd. 

Service Bulletins 1847–32–14 and 1862–32– 

14, both dated June 2009, 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 

British Aerospace Jetstream Series 3100 and 

3200 Alert Service Bulletin 32–A–JA090640, 

Revision 2, dated August 11, 2009 (includes 

an attached Accomplishment Report) under 5 

U.S.C. 552(a) and 1 CFR part 51. 

(2) On June 26, 2009 (74 FR 29936, June 

24, 2009), the Director of the Federal Register 

previously approved the incorporation by 

reference of APPH Ltd. Service Bulletins 

1847–32–14 and 1862–32–14, both dated 

June 2009. 

(3) 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; Internet: 

http://www.baesystems.com/Capabilities/ 

Air/. 

(4) 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. 

(5) 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 

September 1, 2009. 

Kim Smith, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. E9–21741 Filed 9–11–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0604; Airspace 

Docket No. 09–ASO–18] 

Establishment of Class E Airspace; 

Tompkinsville, KY 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule; request for 

comments. 

SUMMARY: This action establishes Class 

E Airspace at Tompkinsville, KY. 

Airspace is needed to support new Area 

Navigation (RNAV) Global Positioning 

System (GPS) Standard Instrument 

Approach Procedures (SIAPs) that have 

been developed for TompkinsvilleMonroe County Airport. As a result, 

controlled airspace extending upward 

from 700 feet Above Ground Level 

(AGL) is needed to contain the SIAP and 

for Instrument Flight Rule (IFR) 

operations at the airport. The operating 

status of the airport will change from 

Visual Flight Rules (VFR) to include IFR 

operations concurrent with the 

publication of the SIAP. This action 

enhances the safety and airspace 

management of Tompkinsville-Monroe 

County Airport, Tompkinsville, KY. 

DATES: Effective 0901 UTC, December 

17, 2009. The Director of the Federal 

Register approves this incorporation by 

reference action under Title 1, Code of 

Federal Regulations, part 51, subject to 

the annual revision of FAA Order 

7400.9 and publication of conforming 

amendments. Comments for inclusion 

in the Rules Docket must be received on 

or before October 29, 2009. 

ADDRESSES: Send comments on this rule 

to: U.S. Department of Transportation, 

Docket Operations, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Ave., SE., Washington, DC 

20590–0001; Telephone: 1–800–647– 

5527; Fax: 202–493–2251. You must 

identify the Docket Number FAA–2009– 

0604; Airspace Docket No. 09–ASO–18, 

at the beginning of your comments. You 

may also submit and review received 

comments through the Internet at 

http://www.regulations.gov. 


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