[Federal Register Volume 68, Number 222 (Tuesday, November 18, 2003)]
[Proposed Rules]
[Pages 65006-65008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28734]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-63-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to all BAE Systems (Operations) 
Limited (Jetstream) Model 4101 airplanes. This proposal would require 
repetitive inspections for damage of the horizontal and vertical 
stabilizer attachment fittings, and corrective action if necessary. 
This action is necessary to detect and correct damage of the horizontal 
and vertical stabilizer attachment fittings, which could result in 
reduced structural integrity of the horizontal and vertical stabilizers 
and consequent reduced controllability of the airplane. This action is 
intended to address the identified unsafe condition.

DATES: Comments must be received by December 18, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-63-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2002-NM-63-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 or 2000 or 
ASCII text.

[[Page 65007]]

    The service information referenced in the proposed rule may be 
obtained from British Aerospace Regional Aircraft American Support, 
13850 Mclearen Road, Herndon, Virginia 20171. This information may be 
examined at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, 
SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1175; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this action may be changed in 
light of the comments received.
    Submit comments using the following format:
    [sbull] Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
    [sbull] For each issue, state what specific change to the proposed 
AD is being requested.
    [sbull] Include justification (e.g., reasons or data) for each 
request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2002-NM-63-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2002-NM-63-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The Civil Aviation Authority (CAA), which is the airworthiness 
authority for the United Kingdom, notified the FAA that an unsafe 
condition may exist on all BAE Systems (Operations) Limited (Jetstream) 
Model 4101 airplanes. The CAA advises that inspections of in-service 
airplanes have revealed fretting corrosion on the eye-bolt shanks and 
the lugs of the forward and rear attachment fittings of the horizontal 
and vertical stabilizers. This condition, if not corrected, could 
result in reduced structural integrity of the horizontal and vertical 
stabilizers and consequent reduced controllability of the airplane.

Explanation of Relevant Service Information

    BAE Systems (Operations) Limited has issued Service Bulletin J41-
55-012, dated October 24, 2002. That service bulletin describes 
procedures for repetitive detailed inspections for damage of the 
horizontal and vertical stabilizer attachment fittings, and corrective 
action if necessary. The procedures include:
    [sbull] Inspecting bolts for damage such as corrosion and wear, and 
replacing the bolt with a new bolt if the diameter of the bolt is 
outside the limits specified in the service bulletin.
    [sbull] Inspecting the bushings of the horizontal stabilizer 
attachment fitting and the hole in the vertical stabilizer attachment 
fitting for corrosion or wear, and replacing the bushing with a new 
bushing if the internal diameter of the bushing is outside the limits 
specified in the service bulletin.
    [sbull] Inspecting the attachment fittings of the horizontal and 
vertical stabilizers for corrosion or fretting at the lug faces, and 
blending out corrosion, dents, or scratches within the limits specified 
in the service bulletin.
    [sbull] Inspecting the eye bolts for cracking, corrosion, fretting, 
or degradation of cadmium plating; and replacing the eye bolt with a 
new bolt if any degradation of the cadmium plating is found; or 
repairing if any cracking, corrosion, dents, or scratches are found.
    BAE Systems (Operations) Limited Service Bulletin J41-55-012 refers 
to BAE Systems (Operations) Limited Service Bulletin J41-55-002 as an 
additional source of service information for accomplishing certain 
actions. The current version of BAE Systems (Operations) Limited 
Service Bulletin J41-55-002 is Revision 1, dated July 25, 1996.
    Accomplishment of the actions specified in BAE Systems (Operations) 
Limited Service Bulletin J41-55-012 is intended to adequately address 
the identified unsafe condition. The CAA classified this service 
bulletin as mandatory and issued British airworthiness directive 005-
10-2002 to ensure the continued airworthiness of these airplanes in the 
United Kingdom.

FAA's Conclusions

    This airplane model is manufactured in the United Kingdom and is 
type certificated for operation in the United States under the 
provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 
21.29) and the applicable bilateral airworthiness agreement. Pursuant 
to this bilateral airworthiness agreement, the CAA has kept us informed 
of the situation described above. We have examined the findings of the 
CAA, reviewed all available information, and determined that AD action 
is necessary for products of this type design that are certificated for 
operation in the United States.

Explanation of Requirements of Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design registered 
in the United States, the proposed AD would require accomplishment of 
the actions specified in the service bulletin described previously, 
except as discussed below.

Differences Between Proposed AD and Service Bulletin J41-55-012

    Although BAE Systems (Operations) Limited Service Bulletin J41-55-
012 specifies that operators may contact the manufacturer for 
disposition of certain repair conditions, this proposal would require 
operators to repair those conditions per a method approved by either us 
or the CAA (or its delegated agent). In light of the type of repair 
that would be required to address the unsafe condition, and consistent 
with existing bilateral airworthiness agreements, we have determined 
that, for this proposed AD, a repair approved by either us or the CAA 
would be acceptable for compliance with this proposed AD.
    Although the Accomplishment Instructions of BAE Systems 
(Operations) Limited Service Bulletin J41-55-012 describe procedures 
for reporting all findings to the

[[Page 65008]]

manufacturer by completing the Reporting Data Form on Figures 1, 2, 3, 
and 4 of the service bulletin, this proposed AD would not require this 
action. We do not need this information from operators.

Cost Impact

    The FAA estimates that 57 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 120 work 
hours per airplane to accomplish the proposed actions, and that the 
average labor rate is $65 per work hour. Based on these figures, the 
cost impact of the proposed AD on U.S. operators is estimated to be 
$444,600, or $7,800 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed requirements of 
this AD action, and that no operator would accomplish those actions in 
the future if this AD were not adopted. The cost impact figures 
discussed in AD rulemaking actions represent only the time necessary to 
perform the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

Regulatory Impact

    The regulations proposed herein 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. Therefore, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that 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) if promulgated, 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. A copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new 
airworthiness directive:

BAE Systems (Operations) Limited (Formerly British Aerospace 
Regional Aircraft): Docket 2002-NM-63-AD.

    Applicability: All Jetstream Model 4101 airplanes, certificated 
in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To detect and correct damage of the horizontal and vertical 
stabilizer attachment fittings, which could result in reduced 
structural integrity of the horizontal and vertical stabilizers and 
consequent reduced controllability of the airplane, accomplish the 
following:

Service Bulletin References

    (a) The following information pertains to the service bulletin 
referenced in this AD:
    (1) The term ``service bulletin'' as used in this AD means the 
Accomplishment Instructions of BAE Systems (Operations) Limited 
Service Bulletin J41-55-012, dated October 24, 2002.
    (2) Although the service bulletin referenced in this AD 
specifies to report all findings to the manufacturer by completing 
the Reporting Data Form on Figures 1, 2, 3, and 4 of the service 
bulletin, this AD does not include such a requirement.
    (3) Inspections and corrective actions accomplished before the 
effective date of this AD per BAE Systems (Operations) Limited 
Service Bulletin J41-55-011, dated January 25, 2002, are acceptable 
for compliance with the corresponding action required by this AD.

Repetitive Inspections

    (b) Within 2 years after the effective date of this AD, perform 
a detailed inspection for damage of the horizontal and vertical 
stabilizer attachment fittings by doing all actions in the service 
bulletin, per the service bulletin. Repeat the inspection at 
intervals not to exceed 8 years.

    Note 1: For the purposes of this AD, a detailed inspection is 
defined as: ``An intensive visual examination of a specific 
structural area, system, installation, or assembly to detect damage, 
failure, or irregularity. Available lighting is normally 
supplemented with a direct source of good lighting at intensity 
deemed appropriate by the inspector. Inspection aids such as mirror, 
magnifying lenses, etc., may be used. Surface cleaning and elaborate 
access procedures may be required.''

Repair

    (c) If any damage (cracks, corrosion, wear, fretting) is found 
during any inspection per paragraph (b) of this AD: Do the 
applicable corrective action specified in the service bulletin at 
the time specified in the service bulletin per the service bulletin, 
except as required by paragraph (d) of this AD.
    (d) If any damage is found that is outside the limits specified 
in the service bulletin, and the service bulletin recommends 
contacting BAE Systems (Operations) Limited for appropriate action: 
Before further flight, repair per a method approved by the Manager, 
International Branch, ANM-116, FAA, Transport Airplane Directorate; 
or the Civil Aviation Authority (or its delegated agent).

    Note 2: The service bulletin refers to BAE Systems (Operations) 
Limited Service Bulletin J41-55-002; currently at Revision 1, dated 
July 25, 1996; as an additional source of service information for 
accomplishing certain actions.

Alternative Methods of Compliance

    (e) In accordance with 14 CFR 39.19, the Manager, International 
Branch, ANM-116, is authorized to approve alternative methods of 
compliance for this AD.

    Note 3: The subject of this AD is addressed in British 
airworthiness directive 005-10-2002.


    Issued in Renton, Washington, on November 12, 2003.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-28734 Filed 11-17-03; 8:45 am]
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