[Federal Register Volume 69, Number 230 (Wednesday, December 1, 2004)]
[Proposed Rules]
[Pages 69834-69836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26496]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19751; Directorate Identifier 2002-NM-59-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all BAE Systems (Operations) Limited (Jetstream) Model 4101 
airplanes. This proposed AD would require repetitive detailed 
inspections of the aft fuselage frames for any discrepancies, and any 
applicable corrective actions. This proposed AD is prompted by reports 
of corrosion found on the aft fuselage frames due to the ingress of 
water or liquid. We are proposing this AD to detect and correct 
corrosion of the aft fuselage frames, which could result in reduced 
structural integrity of the fuselage.

DATES: We must receive comments on this proposed AD by January 3, 2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW., Nassif Building, Room PL-401, 
Washington, DC 20590.
     By fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
British Aerospace Regional Aircraft American Support, 13850 Mclearen 
Road, Herndon, Virginia 20171.
    You can examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or in person at the Docket Management Facility, 
U.S. Department of Transportation, 400 Seventh Street SW., Room PL-401, 
on the plaza level of the Nassif Building, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Technical information: 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.
    Plain language information: Marcia Walters, [email protected].

SUPPLEMENTARY INFORMATION:

Docket Management System (DMS)

    The FAA has implemented new procedures for maintaining AD dockets 
electronically. As of May 17, 2004, new AD actions are posted on DMS 
and assigned a docket number. We track each action and assign a 
corresponding directorate identifier. The DMS AD docket number is in 
the form ``Docket No. FAA-2004-99999.'' The Transport Airplane 
Directorate identifier is in the form ``Directorate Identifier 2004-NM-
999-AD.'' Each DMS AD docket also lists the directorate identifier 
(``Old Docket Number'') as a cross-reference for searching purposes.

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2004-19751; 
Directorate Identifier 2002-NM-59-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments submitted by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of our 
docket Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You can review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
can visit http://dms.dot.gov.
    We are reviewing the writing style we currently use in regulatory 
documents. We are interested in your comments on whether the style of 
this document is clear, and your suggestions to improve the clarity of 
our communications that affect you. You can get more information about 
plain language at http://www.faa.gov/language and http://www.plainlanguage.gov.

Examining the Docket

    You can examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES

[[Page 69835]]

section. Comments will be available in the AD docket shortly after the 
DMS receives them.

Discussion

    The Civil Aviation Authority (CAA), which is the airworthiness 
authority for the United Kingdom, notified us that an unsafe condition 
may exist on all BAE Systems (Operations) Limited (Jetstream) Model 
4101 airplanes. The CAA advises that corrosion has been found along aft 
fuselage frames. This corrosion occurs on frame areas below floor panel 
level in the vicinity of the toilet, galley, and rear baggage door due 
to the ingress of water or liquid. Corrosion of the aft fuselage 
frames, if not detected and corrected in a timely manner, could result 
in reduced structural integrity of the fuselage.

Relevant Service Information

    BAE Systems (Operations) Limited has issued Service Bulletin J41-
53-051, dated January 25, 2002; and Revision 1, dated May 2, 2003. The 
service bulletins describe procedures for doing repetitive detailed 
visual inspections of the aft fuselage frames for discrepancies (i.e., 
corrosion, soft spots, and suspected corrosion), doing any applicable 
corrective action, and submitting inspection reports to the 
manufacturer. The corrective actions include repairing any corrosion 
found during the inspections; replacing any soft floor panels; 
reapplying any sealant, membrane, or tape removed during the 
inspection; and contacting the manufacturer for disposition of damage 
outside of limits.
    Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition. The CAA mandated 
the service information and issued British airworthiness directive 003-
01-2002 to ensure the continued airworthiness of these airplanes in the 
United Kingdom.

FAA's Determination and Requirements of the Proposed AD

    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. We have examined the CAA's 
findings, evaluated all pertinent information, and determined that we 
need to issue an AD for products of this type design that are 
certificated for operation in the United States.
    Therefore, we are proposing this AD, which would require 
accomplishing the actions specified in the service information 
described previously, except as discussed under ``Differences Between 
the AD and the Service Bulletins.''

Differences Between the Proposed AD and the Service Bulletins

    The service bulletins specify that you may contact the manufacturer 
for instructions on how to repair corrosion outside limits defined in 
the service bulletins, but this proposed AD would require you to repair 
those conditions using a method that we or the CAA (or its delegated 
agent) approve. 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 we or the CAA approve would be acceptable for compliance 
with this proposed AD.
    Operators should also note that, although the Accomplishment 
Instructions of the service bulletins describe procedures for 
submitting inspection reports, this proposed AD would not require those 
actions. We do not need this information from operators.

Costs of Compliance

    This proposed AD would affect about 57 airplanes of U.S. registry. 
The proposed inspections would take about 30 work hours per airplane, 
at an average labor rate of $65 per work hour. Based on these figures, 
the estimated cost of the proposed AD for U.S. operators is $111,150, 
or $1,950 per airplane, per inspection cycle.

Regulatory Findings

    We have 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. Is not a ``significant rule'' under the 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 proposed AD. See the ADDRESSES section for a location 
to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, 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 adding the following new 
airworthiness directive (AD):

BAE Systems (Operations) Limited (Formerly British Aerospace 
Regional Aircraft): Docket No. FAA-2004-19751; Directorate 
Identifier 2002-NM-59-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by January 3, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all BAE Systems (Operations) Limited 
(Jetstream) Model 4101 airplanes, certificated in any category.

Unsafe Condition

    (d) This AD was prompted by reports of corrosion found on the 
aft fuselage frames due to the ingress of water or liquid. We are 
issuing this AD to detect and correct corrosion of the aft fuselage 
frames, which could result in reduced structural integrity of the 
fuselage.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Inspection and Corrective Actions

    (f) Within 12 months after the effective date of this AD, do a 
detailed inspection of the aft fuselage frames for any discrepancies 
(i.e., corrosion, soft spots, and suspected corrosion), and any 
applicable corrective actions, in accordance with the Accomplishment 
Instructions of BAE Systems (Operations) Limited Service Bulletin 
J41-53-051, dated January 25, 2002; or Revision 1, dated May 2, 
2003; except as provided by paragraphs (g) and (i) of this AD. Do 
any applicable corrective action before further flight.



[[Page 69836]]


    Note 1: For the purposes of this AD, a detailed inspection is 
``an intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirrors magnifying lenses, etc. may be necessary. Surface cleaning 
and elaborate procedures may be required.''

    (g) If any corrosion outside the limits defined in the service 
bulletin is detected: Before further flight, repair the corrosion 
according to a method approved by either the Manager, International 
Branch, ANM-116, FAA, Transport Airplane Directorate; or the Civil 
Aviation Authority (or its delegated agent).

Repetitive Inspection

    (h) Repeat the inspection and do applicable corrective actions 
required by paragraph (f) of this AD at intervals not to exceed 24 
months.

No Reporting

    (i) Although the service bulletins referenced in this AD specify 
to submit inspection reports to the manufacturer, this AD does not 
include that requirement.

Alternative Methods of Compliance (AMOCs)

    (j) The Manager, International Branch, ANM-116, FAA, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.

Related Information

    (k) British airworthiness directive 003-01-2002 also addresses 
the subject of this AD.


    Issued in Renton, Washington, on November 17, 2004.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-26496 Filed 11-30-04; 8:45 am]
BILLING CODE 4910-13-P