[Federal Register Volume 69, Number 89 (Friday, May 7, 2004)]
[Proposed Rules]
[Pages 25521-25523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10432]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-228-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 a 
one-time inspection of the ailerons to determine if certain actions 
were accomplished previously, and related investigative and corrective 
actions if necessary. This action is necessary to prevent damage to the 
rear spar rib-to-rib attachment cleats and the aft rib elements of the 
fixed tabs of the ailerons. Such damage could lead to reduced 
structural integrity and consequent failure of the ailerons, which 
could result in reduced controllability of the airplane. This action is 
intended to address the identified unsafe condition.

DATES: Comments must be received by June 7, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-228-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. 2003-NM-228-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 for Windows or 
ASCII text.
    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.

[[Page 25522]]

    Submit comments using the following format:
     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.
     For each issue, state what specific change to the proposed 
AD is being requested.
     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 2003-NM-228-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. 2003-NM-228-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 during a scheduled fatigue 
inspection of the ailerons, an operator found damage to the rear spar 
rib-to-rib attachment cleats, and the aft rib elements of the fixed 
tabs. Investigation revealed that the damage was caused by 
accomplishment of an early production change to the ailerons during 
manufacture. Such damage could lead to reduced structural integrity and 
consequent failure of the ailerons, which could result in reduced 
controllability of the airplane.

Explanation of Relevant Service Information

    BAE Systems (Operations) Limited has issued Service Bulletin J41-
57-028, dated June 27, 2003, which is written in two parts. Part 1 of 
the service bulletin describes the following procedures:
     Reviewing the airplane maintenance records to determine if 
Supplemental Structural Inspection 57-50-011 (included in the airplane 
maintenance manual), or the actions specified in BAE Systems 
(Operations) Limited Service Bulletin J41-51-001, dated August 7, 2002, 
were previously accomplished.
     Inspecting the ailerons by looking at the rib positions to 
determine if an early production change was installed.
     For airplanes on which the early production change was 
installed, doing a radiographic inspection for signs of damage, 
including distortion of the rear spar rib-to-rib attachment cleats in 
the ailerons, and the rib elements and cleats in the fixed tabs.
    Part 2 of the service bulletin describes related investigative and 
corrective actions for airplanes with signs of damage, and/or with the 
early production change installed. These actions include:
     Removing the ailerons from the airplane.
     Inspecting the ribs and cleats for damage or incorrect 
installation, and reporting any adverse findings to BAE before 
repairing the airplane.
     Repairing/replacing damaged areas and parts per Revision C 
of repair drawing 141R0212, the structural repair manual, and the 
maintenance manual.
     Reinstalling the ailerons on the airplane.
     Doing a functional check.
    Accomplishment of the actions specified in the service information 
is intended to adequately address the identified unsafe condition. The 
CAA classified this service bulletin as mandatory and issued British 
airworthiness directive 006-06-2003 in order to assure 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 the FAA 
informed of the situation described above. The FAA has 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 AD

    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 the Service Information and Proposed AD

    Operators should note that, although the service bulletin describes 
procedures for submitting certain reports to the manufacturer, this 
proposed AD would not require such reporting.
    Although the service bulletin specifies that operators should 
contact the manufacturer for disposition of certain repair conditions, 
this proposed AD would require operators to repair those conditions per 
the service bulletin, or a method approved by either the FAA 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 a repair 
approved by either the FAA or the CAA (or its delegated agent) would be 
acceptable for compliance with this proposed AD.

Cost Impact

    We estimate that 57 airplanes of U.S. registry would be affected by 
this proposed AD, that it would take approximately 2 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 $7,410, or $130 
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

[[Page 25523]]

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 2003-NM-228-AD.

    Applicability: All Model Jetstream 4101 airplanes, certificated 
in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent failure of the ailerons, and consequent reduced 
controllability of the airplane, accomplish the following:

One-Time Inspection

    (a) Within 6 months or 600 flight cycles after the effective 
date of this AD, whichever is earlier: Do a one-time general visual 
inspection of the ailerons to determine if an early production 
change to the ailerons was installed, by doing all the actions per 
Part 1, paragraph (2) of the Accomplishment Instructions of BAE 
(Operations) Limited Service Bulletin J41-57-028, dated June 27, 
2003. Instead of a general visual inspection of the ailerons, a 
review of airplane maintenance records is acceptable, by doing all 
the actions per Part 1, paragraph (1) of the Accomplishment 
Instructions of the service bulletin, if it can be positively 
determined from that review that one or both of the actions 
specified in Part 1, paragraph (1) of the Accomplishment 
Instructions of the service bulletin have been done.
    (1) If the production change was not installed, or one or both 
of the actions specified in Part 1, paragraph (1) of the 
Accomplishment Instructions of the service bulletin were done, no 
further action is required by this AD.
    (2) If the production change was installed: Do a radiographic 
inspection for damage by doing all the actions per Part 1, paragraph 
(3) of the Accomplishment Instructions of the service bulletin. If 
no damage is found, no further action is required by this AD. If any 
damage is found, before further flight, do the corrective actions 
required by paragraph (b) of this AD.

    Note 1: For the purposes of this AD, a general visual inspection 
is defined as: ``A visual examination of an interior or exterior 
area, installation, or assembly to detect obvious damage, failure, 
or irregularity. This level of inspection is made from within 
touching distance unless otherwise specified. A mirror may be 
necessary to enhance visual access to all exposed surfaces in the 
inspection area. This level of inspection is made under normally 
available lighting conditions such as daylight, hangar lighting, 
flashlight, or droplight and may require removal or opening of 
access panels or doors. Stands, ladders, or platforms may be 
required to gain proximity to the area being checked.''

Corrective Actions

    (b) If any damage is found during the inspection required by 
paragraph (a)(2) of this AD: Before further flight, do all of the 
applicable corrective actions per Part 2 of the Accomplishment 
Instructions of BAE Systems (Operations) Limited Service Bulletin 
J41-57-028, dated June 27, 2003. Where the service bulletin 
specifies to contact the manufacturer for repair information, do the 
repair per a method approved by either the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or the Civil 
Aviation Authority (or its delegated agent).

Submission of Information Not Required

    (c) Although the service bulletin referenced in this AD 
specifies to submit certain information to the manufacturer, this AD 
does not include such a requirement.

Alternative Methods of Compliance

    (d) 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 2: The subject of this AD is addressed in British 
airworthiness directive 006-06-2003.


    Issued in Renton, Washington, on April 30, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-10432 Filed 5-6-04; 8:45 am]
BILLING CODE 4910-13-P