[Federal Register Volume 71, Number 172 (Wednesday, September 6, 2006)]
[Rules and Regulations]
[Pages 52418-52421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-14631]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25721; Directorate Identifier 2006-NM-132-AD; 
Amendment 39-14748; AD 2006-18-09]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited Model 
ATP Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD), which applies to all BAe Systems (Operations) Limited Model ATP 
airplanes. That AD currently requires revising the Airworthiness 
Limitations Section (ALS) of the Instructions for Continued 
Airworthiness (ICA) to incorporate life limits for certain items and 
inspections to detect fatigue cracking in certain structures; to 
incorporate new inspections to detect fatigue cracking of certain 
significant structural items (SSIs); and to revise life limits for 
certain equipment and various components. This new AD requires

[[Page 52419]]

revising the ALS of the ICA to include additional and revised 
inspections of the fuselage. This AD results from the manufacturer 
review of fatigue test results that identified additional and revised 
inspections of the fuselage that are necessary in order to ensure the 
continued structural integrity of the airplane. We are issuing this AD 
to detect and correct fatigue cracking of certain structural elements, 
which could result in reduced structural integrity of the airplane and 
consequent rapid decompression of the airplane.

DATES: This AD becomes effective September 21, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of September 21, 
2006.
    We must receive comments on this AD by November 6, 2006.

ADDRESSES: Use one of the following addresses to submit comments on 
this 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.
     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.
    Contact British Aerospace Regional Aircraft American Support, 13850 
Mclearen Road, Herndon, Virginia 20171, for service information 
identified in this AD.

FOR FURTHER INFORMATION CONTACT: Todd Thomspon, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1175; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    On September 6, 2005, we issued AD 2005-19-03, amendment 39-14268 
(70 FR 57126, September 30, 2005), for all BAe Systems (Operations) 
Limited Model ATP airplanes. That AD requires revising the 
Airworthiness Limitations Section (ALS) of the Instructions for 
Continued Airworthiness to incorporate life limits for certain items 
and inspections to detect fatigue cracking in certain structures. That 
AD also requires revising the ALS of the Instructions for Continued 
Airworthiness to incorporate new inspections to detect fatigue cracking 
of certain significant structural items (SSIs) and to revise life 
limits for certain equipment and various components. That AD resulted 
from a determination that existing inspection techniques are not 
adequate for certain SSIs and by the revision of certain life limits. 
We issued that AD to detect and correct fatigue cracking of certain 
structural elements, which could adversely affect the structural 
integrity of these airplanes.

Actions Since Existing AD Was Issued

    Since we issued AD 2005-19-03, the European Aviation Safety Agency 
(EASA), which is the airworthiness authority for European Union, 
notified us that an unsafe condition may exist on all BAE Systems 
(Operations) Limited Model ATP airplanes. The EASA advises that a 
manufacturer review of fatigue test results identified additional and 
revised inspections for the fuselage that are necessary in order to 
ensure the continued structural integrity of the airplane. Inadequate 
inspection techniques or replacement intervals could result in fatigue 
cracking of certain structural elements, which could result in reduced 
structural integrity of the airplane and consequent rapid decompression 
of the airplane.

Relevant Service Information

    BAE Systems (Operations) Limited has issued Service Bulletin ATP-
51-002, dated December 20, 2005. The service bulletin describes 
structural inspections of the fuselage for cracking, among other 
actions. The service bulletin describes additional inspections and 
revises the compliance times of certain existing inspections. The 
service bulletin also specifies repairs if necessary. Accomplishing the 
actions specified in the service information is intended to adequately 
address the unsafe condition. The EASA mandated the service information 
and issued airworthiness directive 2006-0090, dated April 20, 2006, to 
ensure the continued airworthiness of these airplanes in the European 
Union.

FAA's Determination and Requirements of This AD

    This airplane model is manufactured in the United Kingdom and are 
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. As 
described in FAA Order 8100.14A, ``Interim Procedures for Working with 
the European Community on Airworthiness Certification and Continued 
Airworthiness,'' dated August 12, 2005, the EASA has kept the FAA 
informed of the situation described above. We have examined the EASA'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 issuing this AD to detect and correct fatigue 
cracking of certain structural elements, which could result in reduced 
structural integrity of the airplane and consequent rapid decompression 
of the airplane. This AD supersedes AD 2005-19-03 and retains the 
requirements of the existing AD. This AD also requires revising the ALS 
of the Instructions for Continued Airworthiness to include new and 
revised inspections of the fuselage specified in the service bulletin 
described previously.

Costs of Compliance

    None of the airplanes affected by this action are on the U.S. 
Register. All airplanes affected by this AD are currently operated by 
non-U.S. operators under foreign registry; therefore, they are not 
directly affected by this AD action. However, we consider this AD 
necessary to ensure that the unsafe condition is addressed if any 
affected airplane is imported and placed on the U.S. Register in the 
future.
    The following table provides the estimated costs to comply with 
this AD for any affected airplane that might be imported and placed on 
the U.S. Register in the future.

                             Estimated Costs
------------------------------------------------------------------------
                                                 Average
               Action                  Work    labor rate     Cost per
                                      hours     per hour      airplane
------------------------------------------------------------------------
ALS Revisions......................       1           $80           $80
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[[Page 52420]]

FAA's Determination of the Effective Date

    No airplane affected by this AD is currently on the U.S. Register. 
Therefore, providing notice and opportunity for public comment is 
unnecessary before this AD is issued, and this AD may be made effective 
in less than 30 days after it is published in the Federal Register.

Comments Invited

    This AD is a final rule that involves requirements that affect 
flight safety and was not preceded by notice and an opportunity for 
public comment; however, we invite you to submit any relevant written 
data, views, or arguments regarding this AD. Send your comments to an 
address listed in the ADDRESSES section. Include ``Docket No. FAA-2006-
25721; Directorate Identifier 2006-NM-132-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the AD that might 
suggest a need to modify it.
    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 AD. Using the search function of that 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 may review the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477-78), or you may visit 
http://dms.dot.gov.

Examining the Docket

    You may 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 section. Comments will be 
available in the AD docket shortly after the Docket Management System 
receives them.

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.
    We are 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

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify that the 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 AD and placed it in the AD docket. 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, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-14268 (70 FR 57126, September 30, 2005) and by 
adding the following new airworthiness directive (AD):

2006-18-09 BAE Systems (Operations) Limited (Formerly British 
Aerospace Regional Aircraft): Amendment 39-14748. Docket No. FAA-
2006-25721; Directorate Identifier 2006-NM-132-AD.

Effective Date

    (a) This AD becomes effective September 21, 2006.

Affected ADs

    (b) This AD supersedes AD 2005-19-03.

Applicability

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

    Note 1: This AD requires revisions to certain operator 
maintenance documents to include new and revised inspections. 
Compliance with these inspections is required by 14 CFR 91.403(c). 
For airplanes that have been previously modified, altered, or 
repaired in the areas addressed by these inspections, the operator 
may not be able to accomplish the inspections described in the 
revisions. In this situation, to comply with 14 CFR 91.403(c), the 
operator must request approval for an alternative method of 
compliance according to paragraph (k) of this AD. The request should 
include a description of changes to the required inspections that 
will ensure the continued damage tolerance of the affected 
structure. The FAA has provided guidance for this determination in 
Advisory Circular (AC) 25-1529.

Unsafe Condition

    (d) This AD results from the manufacturer review of fatigue test 
results that identified additional and revised inspections for the 
fuselage that are necessary in order to ensure the continued 
structural integrity of the airplane. We are issuing this AD to 
detect and correct fatigue cracking of certain structural elements, 
which could result in reduced structural integrity of the airplane 
and consequent rapid decompression of the airplane.

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.

Restatement of Requirements of AD 2005-19-03

Airworthiness Limitations Revision Specified in AD 2000-26-10

    (f) Within 30 days after February 7, 2001 (the effective date of 
AD 2000-26-10, amendment 39-12060), revise the Airworthiness 
Limitations section (ALS) of the Instructions for Continued 
Airworthiness according to a method approved by the Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA. 
One approved method is by incorporating Section 05-00-00, dated 
August 15, 1997, of the British Aerospace ATP Aircraft Maintenance 
Manual (AMM), dated October 15, 1999, into the ALS. This section 
references other

[[Page 52421]]

chapters of the AMM. The applicable revision level of the referenced 
chapters is that in effect on February 7, 2001. Doing the revision 
specified in paragraph (g) of this AD replaces Chapters 27, 32, 53, 
and 54 listed in Section 05-10-11 and Chapters 52, 53, 54, 55, and 
57 listed in Section 05-10-17 that are in effect on February 7, 
2001, with Chapters 27, 32, 53, and 54 listed in Section 05-10-11, 
``Mandatory Life Limitations (Airframe)''; and Chapters 52, 53, 54, 
55, and 57 listed in Section 05-10-17, ``Structurally Significant 
Items (SSIs)''; both dated July 15, 2004; of the British Aerospace 
ATP AMM.

Airworthiness Limitations Specified in AD 2005-19-03

    (g) Within 30 days after September 28, 2005 (the effective date 
of AD 2005-19-03), revise the ALS of the Instructions for Continued 
Airworthiness according to a method approved by the Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA. 
One approved method is by incorporating the tasks for Chapters 27, 
32, 53, and 54 listed in Section 05-10-11, ``Mandatory Life 
Limitations (Airframe)''; and the tasks for Chapters 52, 53, 54, 55, 
and 57 listed in Section 05-10-17, ``Structurally Significant Items 
(SSIs)''; both dated July 15, 2004; of the British Aerospace ATP 
AMM; into the ALS. These chapters replace the corresponding chapters 
in Section 05-00-00, dated August 15, 1997, of the British Aerospace 
ATP AMM as specified in paragraph (f) of this AD. Doing the revision 
specified in paragraph (h) of this AD replaces certain Chapter 52 
and 53 tasks listed in Section 05-10-17, ``Structurally Significant 
Items (SSIs)'', dated July 15, 2004, of the British Aerospace ATP 
AMM, with the corresponding Chapter 52 and 53 tasks listed BAE 
Systems (Operations) Limited Service Bulletin ATP-51-002, dated 
December 20, 2005.

New Requirements of This AD

New and Revised Airworthiness Limitations

    (h) Within 30 days after the effective date of this AD, revise 
the ALS of the Instructions for Continued Airworthiness by 
incorporating the new and revised tasks for Chapters 52 and 53 as 
specified in BAE Systems (Operations) Limited Service Bulletin ATP-
51-002, dated December 20, 2005, into the ALS. The revised Chapter 
52 and 53 tasks replace the corresponding Chapter 52 and 53 tasks in 
Section 05-10-17, ``Structurally Significant Items (SSIs)'', dated 
July 15, 2004, of the British Aerospace ATP AMM, as specified in 
paragraph (g) of this AD.
    (i) Except as provided by paragraph (k) of this AD: After the 
actions specified in paragraphs (f), (g), and (h) of this AD have 
been accomplished, no alternative inspections or inspection 
intervals may be approved for the structural elements specified in 
the documents listed in paragraphs (f), (g), and (h) of this AD.

No Reporting Required

    (j) Although BAE Systems (Operations) Limited Service Bulletin 
ATP-51-002, dated December 20, 2005, specifies to submit certain 
information to the manufacturer, this AD does not include that 
requirement.

Alternative Methods of Compliance (AMOCs)

    (k)(1) The Manager, International Branch, ANM-116, 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.
    (2) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Related Information

    (l) British airworthiness directive G-2004-0020, dated August 
25, 2004, and European Aviation Safety Agency (EASA) airworthiness 
directive 2006-0090, dated April 20, 2006, also address the subject 
of this AD.

Material Incorporated by Reference

    (m) You must use BAE Systems (Operations) Limited Service 
Bulletin ATP-51-002, dated December 20, 2005, to perform the actions 
that are required by this AD, unless the AD specifies otherwise. The 
Director of the Federal Register approved the incorporation by 
reference of this document in accordance with 5 U.S.C. 552(a) and 1 
CFR part 51. Contact British Aerospace Regional Aircraft American 
Support, 13850 Mclearen Road, Herndon, Virginia 20171, for a copy of 
this service information. You may review copies at the Docket 
Management Facility, U.S. Department of Transportation, 400 Seventh 
Street, SW., Room PL-401, Nassif Building, Washington, DC; on the 
Internet at http://dms.dot.gov; or at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at the NARA, call (202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on August 23, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E6-14631 Filed 9-5-06; 8:45 am]
BILLING CODE 4910-13-P