[Federal Register Volume 72, Number 141 (Tuesday, July 24, 2007)]
[Rules and Regulations]
[Pages 40230-40233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-14134]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28747; Directorate Identifier 2006-NM-275-AD; 
Amendment 39-15137; AD 2007-15-08]
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. The existing 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 revising 
the ALS of the ICA to include revised requirements. This AD results 
from the determination that additional and revised inspections of the 
fuselage are needed. 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 August 8, 2007.
    On September 21, 2006 (71 FR 52418, September 6, 2006), the 
Director of the Federal Register approved the incorporation by 
reference of BAE Systems (Operations) Limited Service Bulletin ATP-51-
002, dated December 20, 2005.
    We must receive comments on this AD by September 24, 2007.

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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Fax: (202) 493-2251.
     Hand Delivery: Room W12-140 on the ground floor of the 
West Building, 1200 New Jersey Avenue, SE., 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 Thompson, 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 August 23, 2006, we issued AD 2006-18-09, amendment 39-14748 (71 
FR 52418, September 6, 2006), for all BAE Systems (Operations) Limited 
Model ATP airplanes. That AD 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. That AD resulted from 
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 issued 
that 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. The 
actions specified in that AD correspond to British airworthiness 
directive G-2004-0020, dated August 25, 2004, and European Aviation 
Safety Agency (EASA) airworthiness directive 2006-0090, dated April 20, 
2006.

Actions Since Existing AD Was Issued

    Since we issued AD 2006-18-09, 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 Model ATP airplanes. The CAA advises that the certification 
requirements for damage tolerant and safe life structure are given in 
Chapter 5 of the BAE ATP aircraft maintenance manual (AMM). The CAA has 
identified the need to revise these requirements to add and change 
inspections of the fuselage. The revisions primarily recognize the 
introduction of Modification JDM60138N, which installs an energy-
absorbing stop to aircraft fitted with the large freight door. Failure 
to adopt the latest revision of Chapter 5 of the AMM could result in 
fatigue cracking of certain structural elements remaining undetected, 
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 revisions to Section 
05-10-12, ``Mandatory Life Limitations (Airframe--Structures),'' dated 
January 15, 2007; Section 05-10-15, ``Mandatory Life Limitations 
(Powerplant/Engine/APU--Structures),'' dated January 15, 2007; and 
Section 05-10-17, ``Structurally Significant Items (SSIs),'' dated 
January 15, 2007; of the BAE Systems (Operations) Limited ATP AMM; 
which refer to additional chapters of the AMM. Those revised sections 
of the AMM include mandatory life limitations for the airframe and 
power plant/engine; and structural inspections of the fuselage, engine, 
horizontal stabilizer, and wing bottom surface. The revised sections 
also describe new inspections and compliance times for inspection and 
replacement actions. Accomplishment of those actions will prevent the 
onset of fatigue cracking of certain structural elements of the 
airplane.
    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 G-
2005-0031,

[[Page 40231]]

dated October 20, 2005 (which supersedes British airworthiness 
directive G-2004-0020, dated August 25, 2004), to ensure the continued 
airworthiness of these airplanes in the United Kingdom.

Clarification of Alternative Method of Compliance (AMOC) Paragraph

    We have revised this action to clarify the appropriate procedure 
for notifying the principal inspector before using any approved AMOC on 
any airplane to which the AMOC applies.

FAA's Determination and Requirements of This 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.
    This AD supersedes AD 2006-18-09 and retains the requirements of 
the existing AD. This AD also requires revising the ALS of the ICA to 
include new and revised inspections.

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
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                                                                       Work     Average labor       Cost per
                               Action                                 hours     rate per hour       airplane
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ALS Revisions......................................................       1               $80               $80
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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-2007-
28747; Directorate Identifier 2006-NM-275-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 Operations office between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The 
Docket Operations office (telephone (800) 647-5527) is located on the 
ground floor of the West Building at the 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,

[[Page 40232]]

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 39-14748 (71 FR 52418, September 6, 2006) and by 
adding the following new airworthiness directive (AD):

2007-15-08 BAE Systems (Operations) Limited (Formerly British 
Aerospace Regional Aircraft): Amendment 39-15137. Docket No. FAA-
2007-28747; Directorate Identifier 2006-NM-275-AD.

Effective Date

    (a) This AD becomes effective August 8, 2007.

Affected ADs

    (b) This AD supersedes AD 2006-18-09.

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 (m) 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 determination that additional and 
revised inspections of the fuselage are needed. 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 2006-18-09

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, which was superseded by AD 2005-
19-03), 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 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. Doing the revision specified in paragraph (k) of this AD 
replaces Sections 05-10-12, 05-10-15, and 05-10-17 with the 
corresponding sections specified in paragraph (k) of this AD.

Airworthiness Limitations Specified in AD 2005-19-03

    (g) Within 30 days after September 28, 2005 (the effective date 
of AD 2005-19-03, amendment 39-14268, which was superseded by AD 
2006-18-09), 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 in BAE 
Systems (Operations) Limited Service Bulletin ATP-51-002, dated 
December 20, 2005. Doing the revision specified in paragraph (k) of 
this AD replaces Chapters 52, 53, 54, 55, and 57 listed in Section 
05-10-17 with the corresponding Section 05-10-17 specified in 
paragraph (k) of this AD.

New and Revised Airworthiness Limitations in AD 2006-18-09

    (h) Within 30 days after September 21, 2006 (the effective date 
of AD 2006-18-09), 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 (m) 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.

New Requirements of This AD

Revised Limitations

    (k) Within 30 days after the effective date of this AD, 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 Section 05-10-12, ``Mandatory Life Limitations 
(Airframe--Structures),'' dated January 15, 2007; Section 05-10-15, 
``Mandatory Life Limitations (Powerplant/Engine/APU--Structures),'' 
dated January 15, 2007; and Section 05-10-17, ``Structurally 
Significant Items (SSIs),'' dated January 15, 2007; of the BAE 
Systems (Operations) Limited ATP AMM; into the ALS. The revised 
sections replace the corresponding sections specified in paragraphs 
(f) and (g) of this AD.
    (l) Except as provided by paragraph (m) of this AD: After the 
action specified in paragraph (k) of this AD has been accomplished, 
no alternative inspections or inspection intervals may be approved 
for the structural elements specified in the documents listed in 
paragraph (k) of this AD.

Alternative Methods of Compliance (AMOCs)

    (m)(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) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.

[[Page 40233]]

Related Information

    (n) British airworthiness directive G-2005-0031, dated October 
20, 2005, 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

    (o) 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. On 
September 21, 2006 (71 FR 52418, September 6, 2006), the Director of 
the Federal Register approved the incorporation by reference of this 
document. 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 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/cfr/ibr-locations.html.

    Issued in Renton, Washington, on July 15, 2007.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-14134 Filed 7-23-07; 8:45 am]
BILLING CODE 4910-13-P