[Federal Register Volume 69, Number 131 (Friday, July 9, 2004)]
[Rules and Regulations]
[Pages 41418-41419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15376]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-228-AD; Amendment 39-13712; AD 2004-14-03]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to all BAE Systems (Operations) Limited (Jetstream) Model 
4101 airplanes, that requires 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: Effective August 13, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of August 13, 2004.

ADDRESSES: The service information referenced in this AD may be 
obtained from British Aerospace Regional Aircraft American Support, 
13850 Mclearen Road, Herndon, Virginia 20171. This information may be 
examined at the Federal Aviation Administration (FAA), Transport 
Airplane Directorate, Rules Docket, 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/code_of_federal_regulations/ibr_locations.html.

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: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to all BAE Systems (Operations) 
Limited (Jetstream) Model 4101 airplanes was published in the Federal 
Register on May 7, 2004 (69 FR 25521). That action proposed to require 
a one-time inspection of the ailerons to determine if certain actions 
were accomplished previously, and related investigative and corrective 
actions if necessary.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were submitted in response 
to the proposal or the FAA's determination of the cost to the public.

Conclusion

    We have determined that air safety and the public interest require 
the adoption of the rule as proposed.

Cost Impact

    We estimate that 57 airplanes of U.S. registry will be affected by 
this AD, that it will take approximately 2 work hours per airplane to 
accomplish the required actions, and that the average labor rate is $65 
per work hour. Based on these figures, the cost impact of the 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 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 adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    For the reasons discussed above, I certify that this action (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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

[[Page 41419]]

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new airworthiness 
directive:

2004-14-03 BAE Systems (Operations) Limited (Formerly British 
Aerospace Regional Aircraft): Amendment 39-13712. 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.

Incorporation by Reference

    (e) Unless otherwise specified by this AD, the actions shall be 
done in accordance with BAE Systems (Operations) Limited Service 
Bulletin J41-57-028, dated June 27, 2003. This incorporation by 
reference was approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be 
obtained from British Aerospace Regional Aircraft American Support, 
13850 Mclearen Road, Herndon, Virginia 20171. Copies may be 
inspected 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/code_of_federal_regulations/ibr_locations.html.

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

Effective Date

    (f) This amendment becomes effective on August 13, 2004.

    Issued in Renton, Washington, on June 29, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-15376 Filed 7-8-04; 8:45 am]
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