[Federal Register Volume 88, Number 189 (Monday, October 2, 2023)]
[Rules and Regulations]
[Pages 67640-67643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21632]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1643; Project Identifier MCAI-2022-01649-A; 
Amendment 39-22555; AD 2023-19-05]
RIN 2120-AA64


Airworthiness Directives; British Aerospace (Operations) Limited 
and British Aerospace Regional Aircraft Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2017-19-22 
for all British Aerospace Regional Aircraft Jetstream Series 3101 and 
Jetstream Model 3201 airplanes. AD 2017-19-22 required incorporating 
BAE Systems' Corrosion Prevention and Control program into the 
Airworthiness Limitations Section (ALS) of the existing instructions 
for continued airworthiness (ICA) for your airplane, which added new 
and more restrictive inspections for corrosion that include inspecting 
the door hinges/supporting structure and attachment bolts for the main 
spar joint and engine support, and the rudder hinge location on the 
vertical stabilizer, and applicable corrective actions. Since the FAA 
issued AD 2017-19-22, the Civil Aviation Authority (CAA) of the United 
Kingdom (UK) superseded the mandatory continuing airworthiness 
information (MCAI) issued by the European Aviation Safety Agency (now 
European Union Aviation Safety Agency) (EASA) to correct an unsafe 
condition on these products. This AD requires revising the ALS of the 
existing ICA for your airplane. The FAA is issuing this AD to address 
the unsafe condition on these products.

DATES: This AD is effective November 6, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 6, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1643; or in person at Docket Operations between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this final rule, the MCAI, any comments received, and 
other information. The address for Docket Operations is U.S. Department 
of Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
    <bullet> For service information identified in this final rule, 
contact BAE Systems (Operations) Ltd., Customer Information Department, 
Prestwick International Airport, Ayrshire, KA9 2RW, Scotland, United 
Kingdom; phone: +44 3300 488727; fax: +44 1292 675704; email: 
<a href="/cdn-cgi/l/email-protection#257764555047494c4644514c4a4b5665474440565c56514048560b464a48"><span class="__cf_email__" data-cfemail="dc8e9daca9beb0b5bfbda8b5b3b2af9cbebdb9afa5afa8b9b1aff2bfb3b1">[email protected]</span></a>; website: baesystems.com/businesses/regionalaircraft/.
    <bullet> You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 901 Locust, 
Kansas City, MO 64106. For information on the availability of this 
material at the FAA, call (817) 222-5110. It is also available at 
regulations.gov under Docket No. FAA-2023-1643.

FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Westbury, NY 11590; phone: (816) 
329-4059; email: <a href="/cdn-cgi/l/email-protection#95f1fae0f2bbe7e0f1faf9e5fdd5f3f4f4bbf2fae3"><span class="__cf_email__" data-cfemail="62060d17054c1017060d0e120a220403034c050d14">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2017-19-22, Amendment 39-19052 (82 FR 
44502, September 25, 2017) (AD 2017-19-22). AD 2017-19-22 applied to 
all British Aerospace Regional Aircraft Jetstream Series 3101 and 
Jetstream Model 3201 airplanes. AD 2017-19-22 required incorporating 
new revisions to the ALS of the existing ICA for your airplane to 
incorporate new and more restrictive inspections for corrosion, which 
include inspecting the door hinges/supporting structure and attachment 
bolts of the main spar joint and engine support, and the hinge location 
on the vertical stabilizer, and repair or replacement, as applicable. 
The FAA issued AD 2017-19-22 to address corrosion on the rudder upper 
hinge bracket and internal wing, areas of the passenger/crew door 
hinges and supporting structure, the main spar joint, and the engine 
support attachment bolts, which could lead to reduced structural 
integrity with consequent loss of control.
    The NPRM published in the Federal Register on July 27, 2023 (88 FR 
48393). The NPRM was prompted by UK CAA AD G-2022-0021, dated December 
21, 2022 (referred to after this as the MCAI), issued by the UK CAA, 
which is the aviation authority for the UK. The MCAI states that 
reports were received of corrosion on the rudder tab hinges, fuselage 
skin beneath the marker beacon antenna external doubler, and fuselage 
skin beneath the static vent external doubler, resulting in the need 
for new and more restrictive inspection requirements. The MCAI requires 
accomplishing the actions specified in BAE Systems Jetstream Series 
3100 & 3200 Corrosion Prevention and Control Programme, Manual Ref: JS/
CPCP/01, Revision 9, dated April 15, 2022 (BAE Systems CPCP Manual JS/
CPCP/01, Revision 9) within the associated threshold and intervals 
specified in BAE Systems CPCP Manual JS/CPCP/01, Revision 9.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1643.
    In the NPRM, the FAA proposed to require revising the ALS of the 
existing

[[Page 67641]]

ICA for your approved maintenance or inspection program, as applicable, 
by including new actions, which include inspecting the rudder tab 
hinges, fuselage skin beneath the marker beacon antenna external 
doubler, and fuselage skin beneath the static vent external doubler for 
corrosion, and depending on the inspection results, performing 
applicable corrective actions.
    The FAA is issuing this AD to address corrosion on the rudder tab 
hinges, fuselage skin beneath the marker beacon antenna external 
doubler, and fuselage skin beneath the static vent external doubler. 
The unsafe condition, if not addressed, could lead to reduced 
structural integrity of the affected parts with consequent loss of 
control of the airplane.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the costs.

Conclusion

    These products have been approved by the aviation authority of 
another country and are approved for operation in the United States. 
Pursuant to the FAA's bilateral agreement with this State of Design 
Authority, it has notified the FAA of the unsafe condition described in 
the MCAI referenced above. The FAA reviewed the relevant data and 
determined that air safety requires adopting this AD as proposed. 
Accordingly, the FAA is issuing this AD to address the unsafe condition 
on these products. Except for minor editorial changes, this AD is 
adopted as proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed BAE Systems CPCP Manual JS/CPCP/01, Revision 9. 
This service information specifies procedures for a comprehensive 
corrosion prevention and control program.
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in ADDRESSES.

Differences Between This AD and the MCAI

    The MCAI applies to Model Jetstream Series 3100 and Jetstream 
Series 3200 airplanes, which are identified on the FAA type 
certificates as Jetstream Model 3101 and Jetstream Model 3201 
airplanes, respectively.
    The MCAI specifies contacting BAE for approved corrective actions 
instructions and this AD requires, for certain corrective actions, 
contacting the Manager, International Validation Branch, FAA; UK CAA; 
British Aerospace (Operations) Limited's Design Organization Approval 
(DOA) (for Jetstream Series 3101); or British Aerospace Regional 
Aircraft's DOA (for Jetstream Model 3201) for approved corrective 
action instructions and accomplishing those instructions accordingly. 
If approved by the DOA, the approval must include the DOA-authorized 
signature.
    The MCAI requires revising the existing aircraft maintenance 
program (AMP) to introduce the actions specified in BAE Systems CPCP 
Manual JS/CPCP/01, Revision 9. After the AMP is revised, the MCAI does 
not require recording AD compliance on a continued basis each time an 
action in the revised AMP is performed. The AMP is not required for 
U.S. operators for the affected airplanes; however, this AD requires 
incorporating BAE Systems CPCP Manual JS/CPCP/01, Revision 9, into the 
ALS of the existing ICA for your airplane, which has the same intended 
result as revising the AMP of not needing to record compliance with the 
AD each time an individual action is accomplished.
    The MCAI requires doing all actions in BAE Systems CPCP Manual JS/
CPCP/01, Revision 9, from the effective date of UK CAA AD G-2022-0021 
and this AD requires doing all actions in BAE Systems CPCP Manual JS/
CPCP/01, Revision 9, at the compliance times specified in that manual 
or within 12 months after the effective date of this AD, whichever 
occurs later, except for the actions identified in paragraph (g)(3) of 
this AD.
    BAE Systems CPCP Manual JS/CPCP/01, Revision 9 specifies reporting 
of Level 2 and Level 3 corrosion, and this AD does not.

Costs of Compliance

    The FAA estimates that this AD affects 42 airplanes of U.S. 
registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Revise the ICA........................  1 work-hour x $85 per                 $0             $85          $3,570
                                         hour = $85.
----------------------------------------------------------------------------------------------------------------

    The scope of damage found while performing the actions specified in 
BAE Systems CPCP Manual JS/CPCP/01, Revision 9, could vary 
significantly from airplane to airplane. The FAA has no data to 
determine the costs to repair or replace damaged parts on each airplane 
or the number of airplanes that may require repair.

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.
    The FAA is 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

    The FAA has 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) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or 
negative,

[[Page 67642]]

on a substantial number of small entities under the criteria of the 
Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

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

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:
0
a. Removing Airworthiness Directive 2017-19-22, Amendment 39-19052 (82 
FR 44502, September 25, 2017); and
0
b. Adding the following new airworthiness directive:

2023-19-05 British Aerospace (Operations) Limited and British 
Aerospace Regional Aircraft: Amendment 39-22555; Docket No. FAA-
2023-1643; Project Identifier MCAI-2022-01649-A.

(a) Effective Date

    This airworthiness directive (AD) is effective November 6, 2023.

(b) Affected ADs

    This AD replaces AD 2017-19-22, Amendment 39-19052 (82 FR 44502, 
September 25, 2017).

(c) Applicability

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

(d) Subject

    Joint Aircraft System Component (JASC) Code 2721, Rudder Tab 
Control System; 5330, Fuselage Main, Plate/Skin.

(e) Unsafe Condition

    This AD was prompted by reports of corrosion on the rudder tab 
hinges, fuselage skin beneath the marker beacon antenna external 
doubler, and fuselage skin beneath the static vent external doubler. 
The FAA is issuing this AD to detect and correct corrosion on the 
rudder tab hinges, fuselage skin beneath the marker beacon antenna 
external doubler, and fuselage skin beneath the static vent external 
doubler. The unsafe condition, if not addressed, could lead to 
reduced structural integrity of the affected parts with consequent 
loss of control of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions

    (1) Before further flight after the effective date of this AD, 
revise the Airworthiness Limitations Section of the existing 
instructions for continued airworthiness for your approved 
maintenance or inspection program, as applicable, by incorporating 
the actions and associated thresholds and intervals, including life 
limits, specified in BAE Systems Jetstream Series 3100 & 3200 
Corrosion Prevention and Control Programme, Manual Ref: JS/CPCP/01, 
Revision 9, dated April 15, 2022 (BAE Systems CPCP Manual JS/CPCP/
01, Revision 9).
    (2) The actions required by paragraph (g)(1) of this AD may be 
performed by the owner/operator (pilot) holding at least a private 
pilot certificate and must be entered into the aircraft records 
showing compliance with this AD in accordance with 14 CFR 43.9(a) 
and 14 CFR 91.417(a)(2)(v). The record must be maintained as 
required by 14 CFR 91.417, 121.380, or 135.439.
    (3) Do all the actions in BAE Systems CPCP Manual JS/CPCP/01, 
Revision 9, as follows:
    (i) For all tasks other than 130/EX/01 C3, 140/EX/01 C2, 150/EX/
01 C2, 150/EX/01 C3, 150/EX/01 C4, and 200/EX/01 C3: At the 
compliance times specified in BAE Systems CPCP Manual JS/CPCP/01, 
Revision 9, or within 12 months after the effective date of this AD, 
whichever occurs later.
    (ii) For tasks 130/EX/01 C3, 140/EX/01 C2, 150/EX/01 C2, 150/EX/
01 C3, 150/EX/01 C4, and 200/EX/01 C3: Within 12 months after the 
effective date of this AD.
    (4) If any discrepancy, as identified in BAE Systems CPCP Manual 
JS/CPCP/01, Revision 9, is found during any inspection or task 
required by paragraph (g)(3) of this AD, repair or replace, as 
applicable, all damaged structural parts and components and do the 
maintenance procedures for corrective action in accordance with and 
at the compliance time specified in BAE Systems CPCP Manual JS/CPCP/
01, Revision 9, except reporting Level 2 and Level 3 corrosion and 
reporting cracks or other structural defects are not required. If no 
compliance time is defined, do the applicable corrective action 
before further flight.
    (5) If during any inspection or task required by paragraph 
(g)(3) of this AD, any discrepancy is found that is not identified 
in paragraph (g)(4) of this AD or is beyond the repairable limits 
specified in paragraph (g)(4) of this AD, before further flight, 
contact either the Manager, International Validation Branch, FAA; 
Civil Aviation Authority (CAA) of the United Kingdom (UK); British 
Aerospace (Operations) Limited's Design Organization Approval (DOA) 
(for Jetstream Series 3101); or British Aerospace Regional 
Aircraft's DOA (for Jetstream Model 3201) for approved corrective 
action instructions and accomplish those instructions accordingly. 
If approved by the DOA, the approval must include the DOA-authorized 
signature.

(h) Provisions for Alternative Actions and Intervals

    After the action required by paragraph (g)(1) of this AD has 
been done, no alternative actions and associated thresholds and 
intervals, including life limits, are allowed unless they are 
approved as specified in paragraph (i) of this AD.

(i) Alternative Methods of Compliance (AMOCs)

    The Manager, International Validation Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the International Validation Branch, mail 
it to the address identified in paragraph (j)(2) of this AD or email 
to: <a href="/cdn-cgi/l/email-protection#063f2b4750552b474f542b3135362b474b49454660676728616970"><span class="__cf_email__" data-cfemail="c6ffeb879095eb878f94ebf1f5f6eb878b898586a0a7a7e8a1a9b0">[email protected]</span></a>. If mailing information, also submit 
information by email. Before using any approved AMOC, notify your 
appropriate principal inspector, or lacking a principal inspector, 
the manager of the local flight standards district office/
certificate holding district office.

(j) Additional Information

    (1) Refer to UK CAA AD G-2022-0021, dated December 21, 2022, for 
related information. This UK CAA AD may be found in the AD docket at 
regulations.gov under Docket No. FAA-2023-1643.
    (2) For more information about this AD, contact Doug Rudolph, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Westbury, NY 
11590; phone: (816) 329-4059; email: <a href="/cdn-cgi/l/email-protection#a3c7ccd6c48dd1d6c7cccfd3cbe3c5c2c28dc4ccd5"><span class="__cf_email__" data-cfemail="375358425019454253585b475f7751565619505841">[email protected]</span></a>.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the service information listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) BAE Systems Jetstream Series 3100 & 3200 Corrosion 
Prevention and Control Programme, Manual Ref: JS/CPCP/01, Revision 
9, dated April 15, 2022.
    (ii) [Reserved]
    (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; phone: +44 3300 488727; fax: +44 1292 675704; email: 
<a href="/cdn-cgi/l/email-protection#1c4e5d6c697e70757f7d687573726f5c7e7d796f656f6879716f327f7371"><span class="__cf_email__" data-cfemail="c59784b5b0a7a9aca6a4b1acaaabb685a7a4a0b6bcb6b1a0a8b6eba6aaa8">[email protected]</span></a>; website: baesystems.com/businesses/regionalaircraft/.
    (4) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 901 
Locust, Kansas City, MO 64106. For information on the availability 
of this material at the FAA, call (817) 222-5110.
    (5) You may view this 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,

[[Page 67643]]

email: <a href="/cdn-cgi/l/email-protection#0a6c78246364797a6f697e6365644a646b786b246d657c"><span class="__cf_email__" data-cfemail="deb8acf0b7b0adaebbbdaab7b1b09eb0bfacbff0b9b1a8">[email protected]</span></a>, or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 18, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-21632 Filed 9-29-23; 8:45 am]
BILLING CODE 4910-13-P


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