DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1643; Project Identifier MCAI-2022-01649-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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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2017-19-22, which applies to British Aerospace Regional Aircraft
Jetstream Series 3101 and Jetstream Model 3201 airplanes. AD 2017-19-22
requires 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 adds 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Aviation Authority (CAA) of the United Kingdom superseded the mandatory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 require revising the ALS of the
existing ICA for your airplane. The FAA is proposing this AD to address
the unsafe condition on these products.

DATES: The FAA must receive comments on this NPRM by September 11,
2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to 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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
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 NPRM, the MCAI, any comments received, and other
information. The street address for Docket Operations is listed above.
Material Incorporated by Reference:
For service information identified in this NPRM, 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:
RApublications@baesystems.com; website: baesystems.com/businesses/
regionalaircraft/.
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: doug.rudolph@faa.gov.

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-2023-1643; Project Identifier
MCAI-2022-01649-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
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

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, FAA, 1600 Stewart Avenue, Westbury,
NY 11590. 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 2017-19-22, Amendment 39-19052 (82 FR 44502,
September 25, 2017) (AD 2017-19-22), for all British Aerospace Regional
Aircraft Jetstream Series 3101 and Jetstream Model 3201 airplanes. AD
2017-19-22 was prompted by MCAI originated by EASA, which is the
Technical Agent for the Member States of the European Union. EASA
issued EASA AD 2017-0073, dated April 27, 2017 (EASA AD 2017-0073) to
correct an unsafe condition identified as findings of extensive
corrosion in areas covered by an existing zonal inspection.

EASA AD 2017-0073 described the unsafe condition as both the need for
newly added inspections for corrosion, which includes inspecting the
door hinges/supporting structure and attachment bolts for the main spar
joint and engine support, and inadequate existing instructions for
inspection for corrosion of several areas including the rudder hinge
location on the vertical stabilizer.
AD 2017-19-22 requires 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.

Actions Since AD 2017-19-22 Was Issued

Since the FAA issued AD 2017-19-22, the CAA of the United Kingdom
superseded EASA AD 2017-0073 and issued CAA AD G-2022-0021, dated
December 21, 2022 (CAA AD G-2022-0021) (referred to after this as ``the
MCAI'') for all BAE Systems (Operations) Limited Jetstream Series 3100
and 3200 airplanes. 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. Consequently, this
proposed AD would require revising the ALS of the existing 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 proposing 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.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-1643.

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.

FAA's Determination

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 described above. The FAA is issuing this NPRM after
determining that 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 none of the requirements of AD 2017-
19-22. This proposed AD would require revising the ALS of the existing
ICA for your approved maintenance or inspection program. The revision
to the ALS of the existing ICA specified in this proposed 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.

Differences Between This Proposed 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 proposed AD would require, for certain corrective
actions, contacting the Manager, International Validation Branch, FAA;
CAA of the United Kingdom; 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 proposed AD
would require 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 proposed 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 CAA AD G-2022-0021 and
this proposed AD would require 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 the
proposed AD, whichever occurs later, except for the actions identified
in paragraph (g)(3) of this proposed AD.
BAE Systems CPCP Manual JS/CPCP/01, Revision 9 specifies reporting
of Level 2 and Level 3 corrosion, and this proposed AD would not.

Costs of Compliance

The FAA estimates that this AD, if adopted as proposed, would
affect 42 airplanes of U.S. registry.
The FAA estimates the following costs to comply with this proposed
AD:

Estimated Costs

The scope of damage found while performing in 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 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

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:

a. Removing Airworthiness Directive 2017-19-22, Amendment 39-19052 (82
FR 44502, September 25, 2017); and

b. Adding the following new airworthiness directive: