AD 2009-13-10

[Federal Register Volume 74, Number 120 (Wednesday, June 24, 2009)]
[Rules and Regulations]
[Pages 29936-29938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14816]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0570; Directorate Identifier 2009-CE-033-AD; 
Amendment 39-15949; AD 2009-13-10]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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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) issued by the aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    BAE systems have been notified by the MLG radius rod 
manufacturer, APPH Ltd, that a batch of incorrectly manufactured 
Buffer Springs (part number 184818) had been supplied to their parts 
distributor and MRO facilities in North America.
    There is a risk that any radius rod fitted with one of these 
incorrectly manufactured Buffer Springs could jam in an unlocked 
position.
    This condition, if not corrected, could result in MLG collapse.

    This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective June 26, 2009.
    On June 26, 2009, the Director of the Federal Register approved the 
incorporation by reference of certain publications listed in this AD.
    We must receive comments on this AD by July 24, 2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     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.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.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 AD, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Office (telephone (800) 647-5527) is in the ADDRESSES 
section. Comments will be available in the AD docket shortly after 
receipt.

FOR FURTHER INFORMATION CONTACT: Taylor Martin, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4138; fax: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Emergency AD No. 2009-0121-E, dated June 9, 2009 (referred to after 
this as ``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    BAE systems have been notified by the MLG radius rod 
manufacturer, APPH Ltd, that a batch of incorrectly manufactured 
Buffer Springs (part number 184818) had been supplied to their parts 
distributor and MRO facilities in North America.
    There is a risk that any radius rod fitted with one of these 
incorrectly manufactured Buffer Springs could jam in an unlocked 
position.
    This condition, if not corrected, could result in MLG collapse.
    For the reasons described above, this Emergency AD requires the 
replacement of each affected radius rod with a serviceable unit and 
allows the installation of the affected radius rods only after the 
accomplishment of APPH Service Bulletins 1847-32-14 and 1862-32-14.

    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 Alert Service Bulletin 32-A-JA090640, 
dated June 2009 (includes an attached Accomplishment Report), and APPH 
BBA Aviation has issued APPH Ltd. Service Bulletins 1847-32-14 and 
1862-32-14, both dated June 2009. 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 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 issuing this AD because we 
evaluated all information provided by the State of Design Authority and 
determined the unsafe condition exists and is likely to exist or 
develop on other products of the same type design.

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

[[Page 29937]]

provided in the MCAI and related service information.
    We might have also required different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
described in a separate paragraph of the AD. These requirements take 
precedence over those copied from the MCAI.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because a 
batch of incorrectly manufactured main landing gear (MLG) buffer 
springs has been supplied to a U.S. distributor. There is a risk that 
any radius rod fitted with one of these incorrectly manufactured buffer 
springs could jam in an unlocked position and result in MLG collapse. 
EASA issued an Emergency AD with an effective date of 2 days after 
publication. Since there are known parts with this unsafe condition, 
their AD requires compliance with the corrective actions before further 
flight. Our U.S. AD 2007-21-17 mandates replacement of the MLG radius 
rod with a new modified radius rod. Some of the modified radius rods 
are fitted with the incorrectly manufactured buffer springs. As a 
result, some operators who have complied with AD 2007-21-17 may have 
installed on airplanes the above-mentioned parts with the unsafe 
condition. Also, these airplanes operate in 14 CFR parts 121 and 135 
revenue service, which increases the risk factor for failure because of 
the increased operation. Therefore, we determined that notice and 
opportunity for public comment before issuing this AD are impracticable 
and that good cause exists for making this amendment effective in fewer 
than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2009-0570; Directorate 
Identifier 2009-CE-033-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

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 that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under 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.

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:

2009-13-10 British Aerospace Regional Aircraft: Amendment 39-15949; 
Docket No. FAA-2009-0570; Directorate Identifier 2009-CE-033-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective June 26, 
2009.

Affected ADs

    (b) This AD affects some of the part numbers used as terminating 
action for AD 2007-21-17, Amendment 39-15235 (72 FR 60228, October 
24, 2007).

Applicability

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

Subject

    (d) Air Transport Association of America (ATA) Code 32: Landing 
Gear.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    BAE systems have been notified by the MLG radius rod 
manufacturer, APPH Ltd, that a batch of incorrectly manufactured 
Buffer Springs (part number 184818) had been supplied to their parts 
distributor and MRO facilities in North America.
    There is a risk that any radius rod fitted with one of these 
incorrectly manufactured Buffer Springs could jam in an unlocked 
position.
    This condition, if not corrected, could result in MLG collapse.
    For the reasons described above, this Emergency AD requires the 
replacement of each affected radius rod with a serviceable unit and 
allows the installation of the affected radius rods only after the 
accomplishment of APPH Service Bulletins 1847-32-14 and 1862-32-14.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Before further flight, inspect the main landing gear (MLG) 
radius rod to identify if you have one of the affected part numbers 
(P/Ns) (P/N 1847/D through 1847/N and 1862/D through 1862/N) 
installed on the airplane following British Aerospace Jetstream 
Series 3100 and 3200 Alert Service Bulletin 32-A-JA090640, dated 
June 2009. If you do not have one of the affected P/Ns installed, 
then only paragraphs (f)(3) and (f)(4) of this AD apply to you.
    (2) If as a result of the inspection required in paragraph 
(f)(1) of this AD you find one of the affected P/N MLG radius rods 
installed

[[Page 29938]]

on the airplane, before further flight, replace the MLG radius rod 
with one of the following:
    (i) A serviceable MLG radius rod that is not in one of the 
following P/N ranges: 1847/D through 1847/N or 1862/D through 1862/
N; or
    (ii) An affected P/N MLG radius rod that has already been 
inspected following APPH Ltd. Service Bulletin 1847-32-14 or 1862-
32-14, as applicable, both dated June 2009, and found to be 
serviceable.
    (3) As of June 26, 2009 (the effective date of this AD), do not 
install an affected part number MLG radius rod unless it has been 
inspected following APPH Ltd. Service Bulletin 1847-32-14 or 1862-
32-14, as applicable, both dated June 2009, and found to be 
serviceable.

    Note 1: The inspection requirements of paragraph (f)(3) above 
apply to any replacement required per AD 2007-21-17.

    (4) Within 30 days after the inspection required in paragraph 
(f)(1) of this AD, send an Accomplishment (Inspection) Report to BAE 
Systems following the instructions in paragraph 2.C of British 
Aerospace Jetstream Series 3100 and 3200 Alert Service Bulletin 32-
A-JA090640, dated June 2009. Include the details of any radius rods 
removed.

FAA AD Differences

    Note 2: 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, 
Standards Office, 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: Taylor Martin, Aerospace Engineer, FAA, Small 
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4138; fax: (816) 329-4090. 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.

Special Flight Permit

    (h) Under 14 CFR 39.23, we are limiting special flight permits 
for the purpose of compliance with this AD under the following 
conditions:
    (1) Operate the airplane only with the MLG in the down and 
verified locked position throughout the entire flight; and
    (2) Coordinate additional flight restrictions with British 
Aerospace Regional Aircraft using the contact information provided 
in paragraph (j)(2) of this AD.

Related Information

    (i) Refer to EASA Emergency AD No. 2009-0121-E, dated June 9, 
2009; British Aerospace Jetstream Series 3100 and 3200 Alert Service 
Bulletin 32-A-JA090640, dated June 2009 (includes an attached 
Accomplishment Report); and APPH Ltd. Service Bulletins 1847-32-14 
and 1862-32-14, both dated June 2009, for related information.

Material Incorporated by Reference

    (j) You must use British Aerospace Jetstream Series 3100 and 
3200 Alert Service Bulletin 32-A-JA090640, dated June 2009 (includes 
an attached Accomplishment Report) and APPH Ltd. Service Bulletins 
1847-32-14 and 1862-32-14, as applicable, both dated June 2009, 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 BAE 
Systems (Operations) Ltd., Customer Information Department, 
Prestwick International Airport, Ayrshire, KA9 2RW, Scotland, United 
Kingdom; telephone: +44 1292 675207; fax: +44 1292 675704; e-mail: 
[email protected]; Internet: http://www.baesystems.com/Capabilities/Air/.
    (3) You may review copies of the service information 
incorporated by reference for this AD at the FAA, Central Region, 
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri 
64106. For information on the availability of this material at the 
Central Region, call (816) 329-3768.
    (4) You may also review copies of the service information 
incorporated by reference for this AD 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 Kansas City, Missouri, on June 18, 2009.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service
[FR Doc. E9-14816 Filed 6-23-09; 8:45 am]
BILLING CODE 4910-13-P