[Federal Register Volume 73, Number 161 (Tuesday, August 19, 2008)]
[Rules and Regulations]
[Pages 48290-48292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18810]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0622; Directorate Identifier 2008-NM-064-AD; 
Amendment 39-15642; AD 2008-17-04]
RIN 2120-AA64


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

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

ACTION: Final rule.

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SUMMARY: We are adopting a new 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

[[Page 48291]]

product. The MCAI describes the unsafe condition as:

    Resulting from the assessment of fuel tank wiring installations 
required by SFAR 88 (Special Federal Aviation Regulation 88) and 
equivalent JAA/EASA (Joint Aviation Authorities/European Aviation 
Safety Agency) policy, BAE Systems identified * * * features in the 
Jetstream 4100 where the need for design changes was apparent. * * *
    Internal fuel tank wiring chafing damage, if not corrected, 
could lead to ignition of fuel vapours and subsequent fuel tank 
explosion.
* * * * * * *
    We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective September 23, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 
23, 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 June 9, 2008 (73 FR 
32488). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    Resulting from the assessment of fuel tank wiring installations 
required by SFAR 88 (Special Federal Aviation Regulation 88) and 
equivalent JAA/EASA (Joint Aviation Authorities/European Aviation 
Safety Agency) policy, BAE Systems identified two features in the 
Jetstream 4100 where the need for design changes was apparent. One 
of these is addressed by Service Bulletin (SB) J41-28-014 which 
introduces changes to the wiring harness installations to the left 
(LH) and right (RH) fuel boost pumps, identified by modification 
number JM41672. In addition, to detect excessive cable lengths and 
evidence of chafing damage, SB J41-28-014 provides instructions to 
inspect and correct, as necessary, the internal fuel tank wiring 
routed to the LH and RH high level sensors.
    Internal fuel tank wiring chafing damage, if not corrected, 
could lead to ignition of fuel vapours and subsequent fuel tank 
explosion.
    For the reason stated above, this EASA Airworthiness Directive 
(AD) requires the replacement of the (LH and RH) fuel boost pump 
metallic conduit assemblies with loom assemblies and the inspection 
of internal fuel tank high level sensor wiring, including corrective 
actions, as necessary.

    Corrective actions include replacing any damaged internal fuel tank 
high level sensor wiring and removing excess wiring. You may obtain 
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.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed.

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 7 products of U.S. registry. 
We also estimate that it will take 47 work-hours per product to comply 
with the basic requirements of this AD. The average labor rate is $80 
per work-hour. Required parts will cost about $7,000 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 
parts. 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 
$75,320, or $10,760 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.

[[Page 48292]]

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 adding the following new AD:

2008-17-04 BAE Systems (Operations) Limited (Formerly British 
Aerospace Regional Aircraft): Amendment 39-15642. Docket No. FAA-
2008-0622; Directorate Identifier 2008-NM-064-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective 
September 23, 2008.

Affected ADs

    (b) None.

Applicability

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

Subject

    (d) Air Transport Association (ATA) of America Code 28: Fuel.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    Resulting from the assessment of fuel tank wiring installations 
required by SFAR 88 (Special Federal Aviation Regulation 88) and 
equivalent JAA/EASA (Joint Aviation Authorities/European Aviation 
Safety Agency) policy, BAE Systems identified two features in the 
Jetstream 4100 where the need for design changes was apparent. One 
of these is addressed by Service Bulletin (SB) J41-28-014 which 
introduces changes to the wiring harness installations to the left 
(LH) and right (RH) fuel boost pumps, identified by modification 
number JM41672. In addition, to detect excessive cable lengths and 
evidence of chafing damage, SB J41-28-014 provides instructions to 
inspect and correct, as necessary, the internal fuel tank wiring 
routed to the LH and RH high level sensors.
    Internal fuel tank wiring chafing damage, if not corrected, 
could lead to ignition of fuel vapours and subsequent fuel tank 
explosion.
    For the reason stated above, this EASA Airworthiness Directive 
(AD) requires the replacement of the (LH and RH) fuel boost pump 
metallic conduit assemblies with loom assemblies and the inspection 
of internal fuel tank high level sensor wiring, including corrective 
actions, as necessary.

    Corrective actions include replacing any damaged internal fuel 
tank high level sensor wiring and removing excess wiring.

Actions and Compliance

    (f) Unless already done: Within 24 months after the effective 
date of this AD, do the following actions.
    (1) Modify the LH and RH wing fuel boost pump wiring in 
accordance with paragraphs 2.B. and 2.C. of the Accomplishment 
Instructions of BAE Systems (Operations) Limited Service Bulletin 
J41-28-014, Revision 1, dated December 21, 2007.
    (2) Inspect the LH and RH wing fuel high level sensor wiring in 
accordance with paragraph 2.D. of the Accomplishment Instructions of 
BAE Systems (Operations) Limited Service Bulletin J41-28-014, 
Revision 1, dated December 21, 2007.
    (3) When excess wiring and/or damaged wiring is found during the 
inspection required by paragraph (f)(2) of this AD, before next 
flight, accomplish the corrective actions as specified in paragraph 
2.D. of the Accomplishment Instructions of BAE Systems (Operations) 
Limited Service Bulletin J41-28-014, Revision 1, dated December 21, 
2007.

FAA AD Differences

    Note:
    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, 
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 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, 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 MCAI EASA Airworthiness Directive 2008-0041, dated 
February 27, 2008; and BAE Systems (Operations) Limited Service 
Bulletin J41-28-014, Revision 1, dated December 21, 2007; for 
related information.

Material Incorporated by Reference

    (i) You must use BAE Systems (Operations) Limited Service 
Bulletin J41-28-014, Revision 1, dated December 21, 2007, 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 this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
British Aerospace Regional Aircraft American Support, 13850 Mclearen 
Road, Herndon, Virginia 20171.
    (3) You may review copies at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or 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/cfr/ibr-locations.html.

    Issued in Renton, Washington, on August 5, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-18810 Filed 8-18-08; 8:45 am]
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