[Federal Register Volume 72, Number 96 (Friday, May 18, 2007)]
[Proposed Rules]
[Pages 28005-28007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9603]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27861; Directorate Identifier 2007-CE-035-AD]
RIN 2120-AA64


Airworthiness Directives; British Aerospace Regional Aircraft 
Model Jetstream HP.137 Jetstream Mk.1, Jetstream Series 200, Jetstream 
Series 3101, and Jetstream Model 3201 Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed 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:

    In-service reports have been received by BAE of failed bolts 
fitted to frame 199 wing spigot post assembly. If left uncorrected 
failure of these bolts will severely compromise the structural 
integrity of the wing to fuselage attachment. Failure of which would 
lead to loss of the aircraft. To address these concerns, BAE issued 
SB 57-JA020740 original issue in February 2003 mandated by CAA AD 
006-02-2003. Recently received additional information has caused BAE 
to raise the Service Bulletin to revision 2. Revision 2 of the SB 
introduces various changes. One is substantive, it relates to the 
need to check for correct washer installation. Incorrect 
installation could lead to fretting and fatigue crack initiation in 
the fitting followed by failure or bending loads in the bolt leading 
to failure of the affected bolts. If left uncorrected failure of 
these bolts or a wing fitting will severely compromise the 
structural integrity of the wing to fuselage attachment, failure of 
which would lead to loss of the aircraft. This substantive change to 
the service bulletin necessitates the raising of this superseding 
AD.

The proposed AD would require actions that are intended to address the 
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by June 18, 2007.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> DOT Docket Web Site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
    <bullet> Fax: (202) 493-2251.
    <bullet> Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
    <bullet> Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://dms.dot.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 proposed AD, the regulatory evaluation, any 
comments received, and other information. The street address for the 
Docket Office (telephone (800) 647-5227) is in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4059; fax: (816) 329-4090.

SUPPLEMENTARY INFORMATION: 

Streamlined Issuance of AD

    The FAA is implementing a new process for streamlining the issuance 
of ADs related to MCAI. This streamlined process will allow us to adopt 
MCAI safety requirements in a more efficient manner and will reduce 
safety risks to the public. This process continues to follow all FAA AD 
issuance processes to meet legal, economic, Administrative Procedure 
Act, and Federal Register requirements. We also continue to meet our 
technical decision-making responsibilities to identify and correct

[[Page 28006]]

unsafe conditions on U.S.-certificated products.
    This proposed AD references the MCAI and related service 
information that we considered in forming the engineering basis to 
correct the unsafe condition. The proposed AD contains text copied from 
the MCAI and for this reason might not follow our plain language 
principles.

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2007-
27861; Directorate Identifier 2007-CE-035-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued AD 
No: G-2006-0003, dated February 2, 2006 (referred to after this as 
``the MCAI''), to correct an unsafe condition for the specified 
products.
    The MCAI states:

    In-service reports have been received by BAE of failed bolts 
fitted to frame 199 wing spigot post assembly. If left uncorrected 
failure of these bolts will severely compromise the structural 
integrity of the wing to fuselage attachment. Failure of which would 
lead to loss of the aircraft. To address these concerns, BAE issued 
SB 57-JA020740 original issue in February 2003 mandated by CAA AD 
006-02-2003. Recently received additional information has caused BAE 
to raise the Service Bulletin to revision 2. Revision 2 of the SB 
introduces various changes. One is substantive, it relates to the 
need to check for correct washer installation. Incorrect 
installation could lead to fretting and fatigue crack initiation in 
the fitting followed by failure or bending loads in the bolt leading 
to failure of the affected bolts. If left uncorrected failure of 
these bolts or a wing fitting will severely compromise the 
structural integrity of the wing to fuselage attachment, failure of 
which would lead to loss of the aircraft. This substantive change to 
the service bulletin necessitates the raising of this superseding 
AD.

    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 Service Bulletin 57-JA020740, Revision 
2, dated November 2, 2005. 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 Proposed 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 proposing this AD because 
we evaluated all information and determined the unsafe condition exists 
and is likely to exist or develop on other products of the same type 
design.

Differences Between This Proposed 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 proposed 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 proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 195 products of U.S. registry. We also estimate that 
it would take about 50 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Required parts would cost about $100 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 the proposed AD on 
U.S. operators to be $799,500, or $4,100 per product.
    Estimate above is based on Pre-Mod 7130 installed per airplane. We 
estimate it would take about 25 work-hours per product if Post-Mod 7130 
is installed.

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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 proposed 
regulation:
    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 proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator,

[[Page 28007]]

the FAA proposes to amend 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.


Sec.  39.13  [Amended]

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

British Aerospace Regional Aircraft: Docket No. FAA-2007-27861; 
Directorate Identifier 2007-CE-035-AD.

Comments Due Date

    (a) We must receive comments by June 18, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Jetstream HP.137 Jetstream Mk.1, 
Jetstream Series 200, Jetstream Series 3101, and Jetstream Model 
3201 airplanes, all serial numbers, certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 57: Wings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    In-service reports have been received by BAE of failed bolts 
fitted to frame 199 wing spigot post assembly. If left uncorrected 
failure of these bolts will severely compromise the structural 
integrity of the wing to fuselage attachment. Failure of which would 
lead to loss of the aircraft. To address these concerns, BAE issued 
SB 57-JA020740 original issue in February 2003 mandated by CAA AD 
006-02-2003. Recently received additional information has caused BAE 
to raise the Service Bulletin to revision 2. Revision 2 of the SB 
introduces various changes. One is substantive, it relates to the 
need to check for correct washer installation. Incorrect 
installation could lead to fretting and fatigue crack initiation in 
the fitting followed by failure or bending loads in the bolt leading 
to failure of the affected bolts. If left uncorrected failure of 
these bolts or a wing fitting will severely compromise the 
structural integrity of the wing to fuselage attachment. Failure of 
which would lead to loss of the aircraft. This substantive change to 
the service bulletin necessitates the raising of this superseding 
AD.

Actions and Compliance

    (f) Unless already done, do the following actions using British 
Aerospace Jetstream Series 3100 and 3200 Service Bulletin 57-
JA020740, Revision 2, dated November 2, 2005.
    (1) Initially, within 90 days or 100 hours time-in-service 
(TIS), whichever occurs first, after the effective date of this AD 
and repetitively thereafter at intervals not to exceed 4,000 hours 
TIS, inspect and torque check the bolts at frame 199.
    (2) If any discrepancies are found in any of the inspections 
required in paragraph (f)(1) of this AD, before further flight, 
correct any discrepancies.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: We added repetitive inspection requirements in this 
proposed AD to coincide with the service bulletin.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Staff, FAA, ATTN: Doug Rudolph, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4059; fax: (816) 329-4090, has 
the authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. 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 European Aviation Safety Agency (EASA)AD No: G-
2006-0003, dated February 2, 2006; and BAE SYSTEMS Jetstream Series 
3100 and 3200 Service Bulletin 57-JA020740, Revision 2, dated 
November 2, 2005, for related information.

    Issued in Kansas City, Missouri, on May 11, 2007.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-9603 Filed 5-17-07; 8:45 am]
BILLING CODE 4910-13-P