[Federal Register Volume 73, Number 151 (Tuesday, August 5, 2008)]
[Rules and Regulations]
[Pages 45346-45348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17621]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0541; Directorate Identifier 2008-NM-063-AD; 
Amendment 39-15624; AD 2008-16-06]
RIN 2120-AA64


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

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) originated by an aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    Resulting from the assessment of fuel tank wiring installations 
required by SFAR 88 (Special Federal Aviation Regulation 88) and 
equivalent JAA/EASA (Joint Aviation

[[Page 45347]]

Authorities/European Aviation Safety Agency) policy, BAE Systems 
identified two features in the Jetstream 4100 where the need for 
design changes was apparent. * * *
    Insufficient or defective bonding in the fuel tank area, if not 
corrected, could lead to ignition of fuel vapours and subsequent 
fuel tank explosion.
* * * * *
We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective September 9, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 9, 
2008.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

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

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on May 13, 2008 (73 FR 
27477). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    Resulting from the assessment of fuel tank wiring installations 
required by SFAR 88 (Special Federal Aviation Regulation 88) and 
equivalent JAA/EASA (Joint Aviation Authorities/European Aviation 
Safety Agency) policy, BAE Systems identified two features in the 
Jetstream 4100 where the need for design changes was apparent. One 
of these is addressed by Service Bulletin (SB) J41-28-013 which 
introduces additional bonding leads between pipes, structure and 
various components to improve the electrical bond paths within the 
fuel tank areas. This design change is identified by modification 
number JM41659. Additionally, SB J41-28-013 provides instructions to 
inspect the existing bonding leads, to replace any defective leads 
and to examine all fuel system pipe runs in the wings to ensure 
appropriate clearances are maintained.
    Insufficient or defective bonding in the fuel tank area, if not 
corrected, could lead to ignition of fuel vapours and subsequent 
fuel tank explosion.
    For the reason stated above, this EASA Airworthiness Directive 
(AD) requires the installation of additional bonding leads, 
inspection [for defects] of existing bonding leads and [for 
clearance of] all fuel system pipe runs in the wings and follow-on 
corrective actions, as necessary.

Corrective actions include replacing any defective bonding leads and 
adjusting clearances of the fuel system pipe runs. You may obtain 
further information by examining the MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect about 7 products of U.S. 
registry. We also estimate that it will take about 80 work-hours per 
product to comply with the basic requirements of this AD. The average 
labor rate is $80 per work-hour. Required parts will cost about $1,700 
per product. Where the service information lists required parts costs 
that are covered under warranty, we have assumed that there will be no 
charge for these parts. As we do not control warranty coverage for 
affected parties, some parties may incur costs higher than estimated 
here. Based on these figures, we estimate the cost of this AD to the 
U.S. operators to be $56,700, or $8,100 per product.

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 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 this AD:
    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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains the NPRM, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Operations office (telephone (800) 647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

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 45348]]

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 FAA amends Sec.  39.13 by adding the following new AD:

2008-16-06 BAE Systems (Operations) Limited (Formerly British 
Aerospace Regional Aircraft): Amendment 39-15624. Docket No. FAA-
2008-0541; Directorate Identifier 2008-NM-063-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective 
September 9, 2008.

Affected ADs

    (b) None.

Applicability

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

Subject

    (d) Air Transport Association (ATA) of America Code 28: Fuel.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    Resulting from the assessment of fuel tank wiring installations 
required by SFAR 88 (Special Federal Aviation Regulation 88) and 
equivalent JAA/EASA (Joint Aviation Authorities/European Aviation 
Safety Agency) policy, BAE Systems identified two features in the 
Jetstream 4100 where the need for design changes was apparent. One 
of these is addressed by Service Bulletin (SB) J41-28-013 which 
introduces additional bonding leads between pipes, structure and 
various components to improve the electrical bond paths within the 
fuel tank areas. This design change is identified by modification 
number JM41659. Additionally, SB J41-28-013 provides instructions to 
inspect the existing bonding leads, to replace any defective leads 
and to examine all fuel system pipe runs in the wings to ensure 
appropriate clearances are maintained.
    Insufficient or defective bonding in the fuel tank area, if not 
corrected, could lead to ignition of fuel vapours and subsequent 
fuel tank explosion.
    For the reason stated above, this EASA Airworthiness Directive 
(AD) requires the installation of additional bonding leads, 
inspection [for defects] of existing bonding leads and [for 
clearance of] all fuel system pipe runs in the wings and follow-on 
corrective actions, as necessary.

Corrective actions include replacing any defective bonding leads and 
adjusting clearances of the fuel system pipe runs.

Actions and Compliance

    (f) Within 24 months after the effective date of this AD, unless 
already done, do the following actions.
    (1) Inspect the bonding leads between ribs 1 and 9, and between 
ribs 16 and 19, in the left-hand (LH) and right-hand (RH) wings in 
accordance with paragraph 2.B.(2) of the Accomplishment Instructions 
of BAE Systems (Operations) Limited Service Bulletin J41-28-013, 
Revision 1, dated January 10, 2008; and, before next flight, replace 
all defective bonding leads with airworthy parts in accordance with 
the service bulletin.
    (2) Inspect all fuel system pipe runs inside the LH and RH wings 
in accordance with paragraph 2.B.(3) of the Accomplishment 
Instructions of BAE Systems (Operations) Limited Service Bulletin 
J41-28-013, Revision 1, dated January 10, 2008; and, if incorrect 
clearances are found, before next flight, adjust clearances in 
accordance with the service bulletin.
    (3) Install additional electrical bonding of components within 
the LH and RH wings in accordance with paragraphs 2.B.(4) to 
2.B.(15) of the Accomplishment Instructions of BAE Systems 
(Operations) Limited Service Bulletin J41-28-013, Revision 1, dated 
January 10, 2008.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19. Send information to ATTN: Todd 
Thompson, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 227-1175; fax (425) 227-1149. 
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.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI EASA Airworthiness Directive 2008-0040, dated 
February 27, 2008; and BAE Systems (Operations) Limited Service 
Bulletin J41-28-013, Revision 1, dated January 10, 2008; for related 
information.

Material Incorporated by Reference

    (i) You must use BAE Systems (Operations) Limited Service 
Bulletin J41-28-013, Revision 1, dated January 10, 2008, to do the 
actions required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
British Aerospace Regional Aircraft American Support, 13850 Mclearen 
Road, Herndon, Virginia 20171.
    (3) 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 23, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-17621 Filed 8-4-08; 8:45 am]
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