[Federal Register Volume 87, Number 59 (Monday, March 28, 2022)]
[Proposed Rules]
[Pages 17211-17215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06428]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0291; Project Identifier MCAI-2021-01321-A]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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[[Page 17212]]

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2017-15-06, which applies to British Aerospace Regional Aircraft Model 
HP.137 Jetstream Mk.1, Jetstream Series 200 and 3101, and Jetstream 
Model 3201 airplanes. AD 2017-15-06 requires repetitively inspecting 
the main landing gear (MLG) for cracks and, if cracks are found, 
replacing the MLG with an airworthy part. Since the FAA issued AD 2017-
15-06, the Civil Aviation Authority (CAA) of the United Kingdom 
superseded the mandatory continuing airworthiness information (MCAI) 
issued by the European Aviation Safety Agency (EASA) to correct an 
unsafe condition on these products. This proposed AD would retain the 
initial inspection and the calculation of hours time-in-service to 
flight cycle (FC) actions required by AD 2017-15-06, but would decrease 
the repetitive inspection interval time from 1,200 flight cycles to 900 
flight cycles. The FAA is proposing this AD to address the unsafe 
condition on these products.

DATES: The FAA must receive comments on this proposed AD by May 12, 
2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For British Aerospace service information identified in this NPRM, 
contact BAE Systems (Operations) Ltd., Customer Information Department, 
Prestwick International Airport, Ayrshire, KA9 2RW, United Kingdom; 
phone: +44 3300 488727; fax: +44 1292 675704; email: 
<a href="/cdn-cgi/l/email-protection#2c7e6d5c594e40454f4d584543425f6c4e4d495f555f5849415f024f4341"><span class="__cf_email__" data-cfemail="6e3c2f1e1b0c02070d0f1a0701001d2e0c0f0b1d171d1a0b031d400d0103">[email protected]</span></a>; website: https://www.baesystems.com/Businesses/RegionalAircraft/. For H[eacute]roux Devtek service 
information identified in this NPRM, contact H[eacute]roux Devtek 
Product Support, 8, Pembroke Court, Manor Park, Runcorn, Cheshire, WA7 
1TG, United Kingdom; phone: (855) 679-5450; email: 
<a href="/cdn-cgi/l/email-protection#d7a3b2b4bfb9beb4b6bb88a4a2a7a7b8a5a397bfb2a5b8a2afb3b2a1a3b2bcf9b4b8ba"><span class="__cf_email__" data-cfemail="126677717a7c7b71737e4d616762627d6066527a77607d676a7677646677793c717d7f">[email protected]</span></a>; website: https://www.herouxdevtek.com/en/contact-us. You may view this service 
information at the Airworthiness Products Section, Operational Safety 
Branch, FAA, 901 Locust, Kansas City, MO 64106. For information on the 
availability of this material at the FAA, call (817) 222-5110.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0291; 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 NPRM, the MCAI, 
any comments received, and other information. The street address for 
Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aviation Safety 
Engineer, General Aviation & Rotorcraft Section, International 
Validation Branch, FAA, 901 Locust, Room 301, Kansas City, MO 64106; 
phone: (816) 329-4059; email: <a href="/cdn-cgi/l/email-protection#472328322069353223282b372f0721262669202831"><span class="__cf_email__" data-cfemail="51353e24367f2324353e3d2139113730307f363e27">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2022-0291; Project Identifier 
MCAI-2021-01321-A'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this proposed AD.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to Doug 
Rudolph, Aviation Safety Engineer, General Aviation & Rotorcraft 
Section, International Validation Branch, FAA, 901 Locust, Room 301, 
Kansas City, MO 64106. Any commentary that the FAA receives which is 
not specifically designated as CBI will be placed in the public docket 
for this rulemaking.

Background

    The FAA issued AD 2017-15-06, Amendment 39-18966 (82 FR 34846, July 
27, 2017) (AD 2017-15-06), for British Aerospace Regional Aircraft 
Model HP.137 Jetstream Mk.1, Jetstream Series 200 and 3101, and 
Jetstream Model 3201 airplanes. AD 2017-15-06 was prompted by MCAI 
originated by EASA, which is the Technical Agent for the Member States 
of the European Union. EASA issued EASA AD 2017-0053, dated March 24, 
2017, to correct an unsafe condition identified as cracks in the MLG 
fitting at the pintle to cylinder interface, which could cause failure 
of the MLG.
    AD 2017-15-06 requires repetitively inspecting the MLG and, if 
cracks are found, replacing the MLG with an airworthy part. The FAA 
issued AD 2017-15-06 to detect and correct cracks in the MLG, which 
could lead to structural failure of the MLG and result in loss of 
control during takeoffs and landings.

Actions Since AD 2017-15-06 Was Issued

    Since the FAA issued AD 2017-15-06, the CAA superseded EASA AD 
2017-0053, dated March 24, 2017, and issued CAA AD G-2021-0015 dated 
November 24, 2021 (referred to after this as ``the MCAI''). The MCAI 
states:

    Cracks were found during early fatigue testing and in service on 
the main landing gear (MLG) main fitting at the pintle to cylinder 
interface.
    This condition if not detected and corrected, could lead to 
structural failure of the MLG, possibly resulting in loss of control 
of the aeroplane during take-off or landing runs.
    To address this unsafe condition, BAE Systems (Operations) Ltd 
published several Service Bulletins (ISB) which, in 1996, were 
consolidated into a single bulletin, SB 32-JA960142, to provide 
instructions for inspection. CAA issued AD 005-03-96

[[Page 17213]]

accordingly to require repetitive inspections of the MLG.
    In 2014 a crack was found which was below the critical crack 
length, but unusually large compared to similar cracks previously 
found in service. Further investigation into the subject determined 
that the existing inspection intervals remain valid but also showed 
that the assumed detectable defect size of a 1.27mm [millimeters] 
(0.05 in) [inch] crack could not be guaranteed using the then 
defined accomplishment instructions for a high frequency eddy 
current (HFEC) or fluorescent dye penetrant (FDP) inspection.
    Consequently, BAE Systems (Operations) Ltd issued SB 32-JA960142 
Revision 4, which provided an improved procedure for HFEC and FDP 
inspection to ensure the detection of cracks of 1.27 mm (0.05 in) 
length.
    In response to this revision, EASA issued AD 2017-0053 
(corrected 24 March 2017) addressing the need for revised inspection 
procedures.
    Recently, an operator performing [EASA] AD 2017-0053 
(referencing SB 32-JA960142 rev 4) identified 3 crack indications 
(13 mm, 3 mm & 8 mm) in close proximity, the total length of which 
was approximately 38 mm. This was an unusual report based of 
reported findings over the 24 years since the SB was initially 
released. In depth laboratory investigation of the discrepant part 
was undertaken, which found that the material was to specification 
and the cracks were fatigue in nature. The investigation was unable 
to establish a reason for the cracks being different in nature to 
those previously reported.
    In response, a further damage tolerance analysis was performed, 
which identified the need to reduce the repeat inspection interval 
defined in [EASA] AD 2017-0053. That is, a reduction from a repeat 
of 1,200 flight cycles (FC) to a repeat of 900 FC.
    For the reasons described above, this [CAA] AD retains the 
requirements of CAA UK AD 005-03-96 (superseded by EASA AD) and EASA 
AD 2017-0053 (superseded by this CAA AD) and requires the 
accomplishment of repetitive inspections in accordance with new 
repetitive inspection requirements.

    You may examine the MCAI in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-2022-
0291.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed British Aerospace Jetstream Series 3100 & 3200 
Service Bulletin 32-JA960142, Revision 5, dated December 13, 2019. This 
service information specifies procedures for doing a fluorescent 
penetrant inspection for cracks in the MLG. Alternatively, this service 
information specifies conducting an eddy current inspection for cracks 
in the MLG in accordance with H[eacute]roux Devtek Service Bulletin No. 
32-56, Revision 4, dated August 16, 2016, which was incorporated by 
reference as of August 31, 2017 (82 FR 34846).
    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.

Other Related Service Information

    The FAA reviewed British Aerospace Jetstream Series 3100 & 3200 
Service Bulletin 32-JA960142, Revision 4, dated October 21, 2016. This 
service information specifies procedures for doing a fluorescent 
penetrant inspection for cracks in the MLG. Alternatively, this service 
information specifies conducting an eddy current inspection for cracks 
in the MLG in accordance with H[eacute]roux Devtek Service Bulletin No. 
32-56, Revision 4, dated August 16, 2016. This service information also 
specifies corrective actions if any crack found exceeds a certain 
length.

FAA's Determination

    This product has been approved by the aviation authority of another 
country and is 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 and 
service information referenced above. The FAA is issuing this NPRM 
after determining the unsafe condition described previously is likely 
to exist or develop on other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would retain the initial inspection, the 
calculation of hours time-in-service to flight cycle (FC) action, and 
replacement as necessary required by AD 2017-15-06, but would decrease 
the repetitive inspection interval time from 1,200 flight cycles to 900 
flight cycles.

Differences Between This Proposed AD and the MCAI

    The MCAI does not apply to the Model HP.137 Jetstream Mk.1 or Model 
Jetstream Series 200, whereas this proposed AD would include those 
models because they have an FAA type certificate and share a similar 
type design in the affected area.
    The MCAI and service information apply 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 gives credit for inspections and corrective actions 
accomplished before the effective date of the MCAI using BAE Systems 
(Operations) Ltd SB 32-JA960142 Revision 5, Revision 4, or Revision 3. 
This proposed AD would not give credit for Revision 3, as AD 2017-15-06 
did not provide credit and the FAA did not receive any requests to use 
Revision 3 as an alternative method of compliance.
    The MCAI requires compliance with all of the accomplishment 
instructions in the service information, which includes reporting the 
inspection results (if there is a crack) to the manufacturer. This 
proposed AD would not require reporting information to the 
manufacturer.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 18 airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this proposed 
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per         Cost on U.S.
             Action                    Labor cost           Parts cost          airplane          operators
----------------------------------------------------------------------------------------------------------------
Inspection......................  6 work-hours x $85   Not applicable.....            $510   $9,180 per
                                   per hour = $510.                                           inspection cycle.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to replace the MLG based on 
the results of the proposed inspection. The FAA has no way of 
determining the number of airplanes that might need this replacement:

[[Page 17214]]



                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost       airplane
----------------------------------------------------------------------------------------------------------------
Replace the MLG...............................  1 work-hour x $85 per hour = $85          $5,000          $1,530
----------------------------------------------------------------------------------------------------------------

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 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 that the proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or 
negative, 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 Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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 2017-15-06, Amendment 39-18966 (82 
FR 34846, July 27, 2017); and
0
b. Adding the following new airworthiness directive:

British Aerospace (Operations) Limited and British Aerospace 
Regional Aircraft: Docket No. FAA-2022-0291; Project Identifier 
MCAI-2021-01321-A.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by May 12, 2022.

(b) Affected ADs

    This AD replaces AD 2017-15-06, Amendment 39-18966 (82 FR 34846, 
July 27, 2017) (AD 2017-15-06).

(c) Applicability

    This AD applies to British Aerospace (Operations) Limited Model 
HP.137 Jetstream Mk.1, Jetstream Series 200, and 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 3211, Main Landing 
Gear Attach Section.

(e) Unsafe Condition

    This AD was prompted by cracks found on the main landing gear 
(MLG) main fitting at the pintle to cylinder interface. The FAA is 
issuing this AD to detect and correct cracks in the MLG. The unsafe 
condition, if not addressed, could cause failure of the MLG, which 
could result in loss of control of the airplane during takeoffs and 
landings.

(f) Compliance

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

(g) Actions

    (1) Within the compliance times listed in paragraph (g)(1)(i) or 
(ii) of this AD, as applicable, inspect the MLG for cracks by 
following Appendix 1, sections A through G, of British Aerospace 
Jetstream Series 3100 & 3200 Service Bulletin 32-JA960142, Revision 
5, dated December 13, 2019; or the Accomplishment Instructions, 
sections A through D(6), in H[eacute]roux Devtek Service Bulletin 
32-56, Revision 4, dated August 16, 2016.
    (i) For airplanes that have been inspected in accordance with AD 
2017-15-06: Before the MLG accumulates 900 flight cycles since the 
last inspection or within 150 flight cycles after the effective date 
of this AD, whichever occurs later, and thereafter at intervals not 
to exceed 900 flight cycles.
    (ii) For airplanes that have not been inspected in accordance 
with AD 2017-15-06: Before the MLG accumulates 8,000 flight cycles 
since first installation on an airplane or within 50 flight cycles 
after the effective date of this AD, whichever occurs later, and 
thereafter at intervals not to exceed 900 flight cycles.
    (2) If any crack is found during any inspection required by 
paragraph (g)(1) of this AD, before further flight, replace the MLG 
with an airworthy MLG and continue the inspections as required by 
paragraph (g)(1) of this AD.
    (3) The compliance times in paragraphs (g)(1)(i) and (ii) of 
this AD are presented in flight cycles (landings). If the number of 
total flight cycles is unknown, for purposes of this AD, the number 
of flight cycles is the hours time-in-service (TIS) accumulated on 
the airplane multiplied by 0.75. For example:
    (i) 100 hours TIS x 0.75 = 75 flight cycles.
    (ii) 1,000 hours TIS x 0.75 = 750 flight cycles.

(h) Alternative Methods of Compliance (AMOCs)

    (1) 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 certification office, send it to the 
attention of the person identified in paragraph (i)(1) of this AD 
and email to: <a href="/cdn-cgi/l/email-protection#e1d8cca0b7b2cca0a8b3ccd6d2d1cca0acaea2a1878080cf868e97"><span class="__cf_email__" data-cfemail="9aa3b7dbccc9b7dbd3c8b7ada9aab7dbd7d5d9dafcfbfbb4fdf5ec">[email protected]</span></a>.
    (2) 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.

(i) Related Information

    (1) For more information about this AD, contact Doug Rudolph, 
Aviation Safety Engineer, General Aviation & Rotorcraft Section, 
International Validation Branch, FAA, 901 Locust, Room 301, Kansas 
City, MO 64106; phone: (816) 329-4059; email: <a href="/cdn-cgi/l/email-protection#4d2922382a633f382922213d250d2b2c2c632a223b"><span class="__cf_email__" data-cfemail="75111a00125b0700111a19051d351314145b121a03">[email protected]</span></a>.
    (2) Refer to Civil Aviation Authority (CAA) AD G-2021-0015, 
dated November 24, 2021, for more information. You may examine the 
CAA AD in the AD docket at

[[Page 17215]]

https:www.regulations.gov by searching for and locating Docket No. 
FAA-2022-0291.
    (3) For British Aerospace service information identified in this 
AD, contact BAE Systems (Operations) Ltd., Customer Information 
Department, Prestwick International Airport, Ayrshire, KA9 2RW, 
United Kingdom; phone: +44 3300 488727; fax: +44 1292 675704; email: 
<a href="/cdn-cgi/l/email-protection#90c2d1e0e5f2fcf9f3f1e4f9fffee3d0f2f1f5e3e9e3e4f5fde3bef3fffd"><span class="__cf_email__" data-cfemail="d28093a2a7b0bebbb1b3a6bbbdbca192b0b3b7a1aba1a6b7bfa1fcb1bdbf">[email protected]</span></a>; website: https://www.baesystems.com/Businesses/RegionalAircraft/. For H[eacute]roux Devtek service 
information identified in this AD, contact H[eacute]roux Devtek 
Product Support, 8, Pembroke Court, Manor Park, Runcorn, Cheshire, 
WA7 1TG, United Kingdom; phone: (855) 679-5450; email: 
<a href="/cdn-cgi/l/email-protection#0e7a6b6d6660676d6f62517d7b7e7e617c7a4e666b7c617b766a6b787a6b65206d6163"><span class="__cf_email__" data-cfemail="780c1d1b1016111b1914270b0d0808170a0c38101d0a170d001c1d0e0c1d13561b1715">[email protected]</span></a>; website: https://www.herouxdevtek.com/en/contact-us. You may view this service 
information at the Airworthiness Products Section, Operational 
Safety Branch, FAA, 901 Locust, Kansas City, MO 64106. For 
information on the availability of this material at the FAA, call 
(817) 222-5110.

    Issued on March 22, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-06428 Filed 3-25-22; 8:45 am]
BILLING CODE 4910-13-P


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