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[Federal Register: October 7, 2010 (Volume 75, Number 194)]
[Rules and Regulations]               
[Page 61982-61985]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07oc10-4]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0474; Directorate Identifier 2009-NM-056-AD; 
Amendment 39-16465; AD 2010-21-05]
RIN 2120-AA64

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

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are superseding an existing airworthiness directive (AD) 
for the products listed above. This 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:

    During ground manoeuvring, prolonged operation with either 
engine in the restricted range between 82% and 90% RPM [revolutions 
per minute] will result in damage [e.g., cracking of the blade or 
hub] to the propeller assembly that could eventually result in the 
release of a propeller blade.
    * * * EASA [European Aviation Safety Agency] AD 2007-0268 [which 
corresponds to FAA AD 2008-13-02, amendment 39-15565] was issued to 
require the installation of a Propeller Warning Placard and 
implementation of a corresponding Aircraft Flight Manual (AFM) 
limitation instructing the flight crew to taxi with the condition 
lever at FLIGHT in order to minimise the time spent by the engines 
in the restricted range. BAE Systems has now developed a Propeller 
Speed Warning System * * *.
* * * * *

    A released propeller blade could result in engine failure and loss 
of control of the airplane. We are issuing this AD to require actions 
to correct the unsafe condition on these products.

DATES: This AD becomes effective November 12, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 12, 
2010.
    The Director of the Federal Register approved the incorporation by 
reference of certain other publications listed in this AD as of July 
24, 2008 (73 FR 34847, June 19, 2008).

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1175; fax (425) 227-1149.

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 May 10, 2010 (75 FR 
25785), and proposed to supersede AD 2008-13-02, amendment 39-15565 (73 
FR 34847), June 19, 2008. That NPRM proposed to correct an unsafe 
condition for the specified products.
    Since we issued AD 2008-13-02, inadvertent high RPMs taxiing 
operations have been reported to have caused stress to the propeller 
blades, which can result in dangerous blade cracks. The European 
Aviation Safety Agency (EASA), which is the Technical Agent for the 
Member States of the European Community, has issued EASA Airworthiness 
Directive 2009-0038, dated February 18, 2009 (referred to after this as 
``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    During ground manoeuvring, prolonged operation with either 
engine in the restricted range between 82% and 90% RPM [revolutions 
per minute] will result in damage [e.g., cracking of the blade or 
hub] to the propeller assembly that could eventually result in the 
release of a propeller blade.
    To correct this unsafe condition, EASA AD 2007-0268 [which 
corresponds to FAA AD 2008-13-02, amendment 39-15565] was issued to 
require the installation of a Propeller Warning Placard and 
implementation of a corresponding Aircraft Flight Manual (AFM) 
limitation, instructing the flight crew to taxi with the condition 
lever at FLIGHT in order to minimise the time spent by the engines 
in the restricted range. BAE Systems has now developed a Propeller 
Speed Warning System, the embodiment of which will allow taxiing 
with the condition lever at TAXI, through the introduction of a 
revised Flight Manual Limitation.
    For the reasons described above, this EASA AD retains the 
requirements of EASA AD 2007-0268, which is superseded, and requires 
the installation of a Propeller Speed Warning System.

    A released propeller blade could result in engine failure and loss 
of control of the airplane. You may obtain

[[Page 61983]]

further information by examining the MCAI in the AD docket.

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.

Clarification of Paragraph (h)(2) of This AD

    The revision to the BAE Jetstream Series 4100 Flight Manual (FM) 
includes information on introducing a propeller speed warning system on 
airplanes that have Modification JM41674. We have also removed the 
reference to the alternative methods of compliance (AMOC) paragraph and 
have specified the appropriate source of approval procedures to 
accomplish the requirements of paragraph (h)(2) of this AD.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD with the changes described 
previously. We determined that these changes will not increase the 
economic burden on any operator or increase the scope of the AD.

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 our FAA policies. Any such differences 
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect about 3 products of U.S. 
registry.
    The actions that are required by AD 2008-13-02 and retained in this 
AD take about 2 work-hours per product, at an average labor rate of $85 
per work-hour. Required parts cost about $25 per product. Based on 
these figures, the estimated cost of the currently required actions is 
$195 per product.
    We estimate that it will take about 20 work-hours per product to 
comply with the new basic requirements of this AD. The average labor 
rate is $85 per work-hour. Required parts will cost about $2,800 per 
product. Where the service information lists required parts costs that 
are covered under warranty, we have assumed that there will be no 
charge for these costs. As we do not control warranty coverage for 
affected parties, some parties may incur costs higher than estimated 
here. Based on these figures, we estimate the cost of this AD to the 
U.S. operators to be $14,085, or $4,695 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 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 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 Operations office 
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 Operations 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

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The FAA amends Sec.  39.13 by removing amendment 39-15565 (73 FR 
34847, June 19, 2008) and adding the following new AD:

2010-21-05 BAE Systems (Operations) Limited: Amendment 39-16465. 
Docket No. FAA-2010-0474; Directorate Identifier 2009-NM-056-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective November 
12, 2010.

Affected ADs

    (b) This AD supersedes AD 2008-13-02, amendment 39-15565.

Applicability

    (c) This AD applies to all BAE SYSTEMS (Operations) Limited 
Model 4101 airplanes, certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 61: 
Propellers/Propulsors.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    During ground manoeuvring, prolonged operation with either 
engine in the restricted range between 82% and 90% RPM [revolutions 
per minute] will result in damage [e.g., cracking of the blade or 
hub] to the propeller assembly that could eventually result in the 
release of a propeller blade.
    To correct this unsafe condition, EASA [European Aviation Safety 
Agency] AD 2007-0268 [which corresponds to FAA AD 2008-13-02, 
amendment 39-15565] was issued to require the installation of a 
Propeller Warning Placard and implementation of a corresponding 
Aircraft Flight Manual (AFM) limitation, instructing the flight crew 
to taxi

[[Page 61984]]

with the condition lever at FLIGHT in order to minimise the time 
spent by the engines in the restricted range. BAE Systems has now 
developed a Propeller Speed Warning System, embodiment of which will 
allow taxiing with the condition lever at TAXI, through the 
introduction of a revised Flight Manual Limitation.
    For the reasons described above, this EASA AD retains the 
requirements of EASA AD 2007-0268, which is superseded, and requires 
the installation of a Propeller Speed Warning System.
    A released propeller blade could result in engine failure and 
loss of control of the airplane.

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Restatement of Requirements of AD-2008-13-02

Actions

    (g) Within 90 days after July 24, 2008 (the effective date of AD 
2008-13-02), unless already done, do the following actions.
    (1) Replace the existing Propeller Limitations Placard in the 
cockpit with a new placard, in accordance with the Accomplishment 
Instructions of BAE Systems (Operations) Limited Service Bulletin 
J41-11-027, dated March 29, 2007.
    (2) Revise the BAE Jetstream Series 4100 Flight Manual (FM) to 
include the information in BAE Jetstream Series 4100 General 
Amendment G12, approved January 2007; and BAE Jetstream Series 4100 
Advance Amendment Bulletin 13, approved April 4, 2007. General 
Amendment G12 describes a rolling take-off technique and the reduced 
possibility of landing with ice contaminating the wings, and adds a 
Gross Height/Pressure Altitude Conversion Chart. Advance Amendment 
Bulletin 13 introduces procedures for placing the propeller 
condition levers in the Flight position during all ground 
maneuvering. Operate the airplane according to the procedures in 
General Amendment G12 and Advance Amendment Bulletin 13.

    Note 1: This may be done by inserting copies of General 
Amendment G12 and Advance Amendment Bulletin 13 into the FM. When 
General Amendment G12 and Advance Amendment Bulletin 13 have been 
included in general revisions of the FM, the general revisions may 
be inserted in the FM, provided the relevant information in the 
general revision is identical to that in General Amendment G12 and 
Advance Amendment Bulletin 13.

New Requirements of This AD

Actions

    (h) Unless already done, do the following actions.
    (1) Within 6 months after the effective date of this AD, install 
a Propeller Speed Warning System (Modification JM41674), in 
accordance with Section 2 of BAE Systems (Operations) Limited 
Aircraft Change Information Bulletin J41-61-014, Issue 7, dated 
August 17, 2009. Before further flight after modification, do the 
actions required in paragraphs (h)(1)(i) and (h)(1)(ii) of this AD.
    (i) Remove the placard that was installed as required by 
paragraph (g)(1) of this AD.
    (ii) Remove BAE Jetstream Series 4100 Advance Amendment Bulletin 
13, approved April 4, 2007, from the FM.
    (2) Within 6 months after the effective date of this AD, revise 
the BAE Jetstream Series 4100 FM to include information on 
introducing a propeller speed warning system, on airplanes that have 
Modification JM41674, using a method approved by the Manager, 
International Branch, ANM 116, Transport Airplane Directorate, FAA, 
or EASA (or its delegated agent).

    Note 2: Guidance on revising the BAE Jetstream Series 4100 FM, 
as required by paragraph (h)(2) of this AD, can be found in BAE 
Jetstream Series 4100 Particular Amendment 111, approved December 
2008.

FAA AD Differences

    Note 3: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (i) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, 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: Todd 
Thompson, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 227-1175; fax (425) 227-1149. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office. 
The AMOC approval letter must specifically reference this AD.
    (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

    (j) Refer to MCAI European Aviation Safety Agency (EASA) 
Airworthiness Directive 2009-0038, dated February 18, 2009; and the 
service information identified in Table 1 of this AD; for related 
information.

                      Table 1--Service Information
------------------------------------------------------------------------
            Service information                         Date
------------------------------------------------------------------------
BAE Jetstream Series 4100 Advance           April 4, 2007.
 Amendment Bulletin 13 to the Jetstream
 Series 4100 Flight Manual.
BAE Jetstream Series 4100 General           January 2007.
 Amendment G12 to the Jetstream Series
 4100 Flight Manual.
BAE Systems (Operations) Limited Aircraft   August 17, 2009.
 Change Information Bulletin J41-61-014,
 Section 2, Issue 7.
BAE Systems (Operations) Limited Service    March 29, 2007.
 Bulletin J41-11-027.
------------------------------------------------------------------------

Material Incorporated by Reference

    (k) You must use the service information contained in Table 2 of 
this AD to do the actions required by this AD, unless the AD 
specifies otherwise.

             Table 2--All Material Incorporated by Reference
------------------------------------------------------------------------
            Service information                         Date
------------------------------------------------------------------------
BAE Jetstream Series 4100 Advance           April 4, 2007.
 Amendment Bulletin 13 to the Jetstream
 Series 4100 Flight Manual.
BAE Jetstream Series 4100 General           January 2007.
 Amendment G12 to the Jetstream Series
 4100 Flight Manual.
BAE Systems (Operations) Limited Aircraft   August 17, 2009.
 Change Information Bulletin J41-61-014,
 Section 2, Issue 7.

[[Page 61985]]

BAE Systems (Operations) Limited Service    March 29, 2007.
 Bulletin J41-11-027.
------------------------------------------------------------------------

    BAE Systems (Operations) Limited Aircraft Change Information 
Bulletin J41-61-014, Section 2, Issue 7, contains the following 
effective pages:

                                             List of Effective Pages
----------------------------------------------------------------------------------------------------------------
        Page title/description           Page  number(s)    Issue  number           Date shown on page(s)
----------------------------------------------------------------------------------------------------------------
Section 2, Installer Instructions.....             15-50                 7  August 17, 2009.
----------------------------------------------------------------------------------------------------------------

     (Section 1 of this document (pages 1-14) is not included.)
    (1) The Director of the Federal Register approved the 
incorporation by reference of BAE Systems (Operations) Limited 
Aircraft Change Information Bulletin J41-61-014, Section 2, Issue 7, 
dated August 17, 2009, under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) The Director of the Federal Register previously approved the 
incorporation by reference of the service information contained in 
Table 3 of this AD on July 24, 2008 (73 FR 34847, June 19, 2008).

         Table 3--Material Previously Incorporated By Reference
------------------------------------------------------------------------
            Service information                         Date
------------------------------------------------------------------------
BAE Jetstream Series 4100 Advance           April 4, 2007.
 Amendment Bulletin 13 to the Jetstream
 Series 4100 Flight Manual.
BAE Jetstream Series 4100 General           January 2007.
 Amendment G12 to the Jetstream Series
 4100 Flight Manual.
BAE Systems (Operations) Limited Service    March 29, 2007.
 Bulletin J41-11-027.
------------------------------------------------------------------------

     (3) For service information identified in this AD, contact BAE 
Systems (Operations) Limited, 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/Businesses/RegionalAircraft/index.htm.
    (4) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221.
    (5) You may also review copies of the service information that 
is incorporated by reference 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 Renton, Washington, on September 23, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-25018 Filed 10-6-10; 8:45 am]
BILLING CODE 4910-13-P
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