[Federal Register Volume 74, Number 37 (Thursday, February 26, 2009)]
[Rules and Regulations]
[Pages 8732-8735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3782]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0034; Directorate Identifier 2007-NM-082-AD; 
Amendment 39-15797; AD 2009-02-07]
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; request for comments.

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SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD) that applies to certain British Aerospace (Jetstream) Model 4100 
series airplanes. The existing AD currently requires an eddy current 
conductivity test to measure the conductivity of the upper splice plate 
of the wing, and related investigative and corrective actions if 
necessary. This AD revises the applicability to include additional 
airplanes. This AD results from reports of exfoliation corrosion of the 
upper splice plate of the wing. We are issuing this AD to detect and 
correct such corrosion, which could result in reduced structural 
integrity of the airplane.

DATES: This AD becomes effective March 13, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications as of March 13, 2009.
    On September 23, 1998 (63 FR 44371, August 19, 1998), the Director 
of the Federal Register approved the incorporation by reference of 
certain other publications.
    We must receive comments on this AD by March 30, 2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     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.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact BAE Systems 
Regional Aircraft, 13850 Mclearen Road, Herndon, Virginia 20171; 
telephone 703-736-1080; e-mail [email protected]; Internet 
http://www.baesystems.com/Businesses/RegionalAircraft/index.htm.

Examining the AD Docket

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

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

    On August 11, 1998, the FAA issued AD 98-17-12, amendment 39-10714 
(63 FR 44371, August 19, 1998). That AD applies to certain British 
Aerospace (Jetstream) Model 4100 series airplanes. That AD requires an 
eddy current conductivity test to measure the conductivity of the upper 
splice plate of the wing, and follow-on actions if necessary. That AD 
resulted from issuance of mandatory continuing airworthiness 
information from another civil airworthiness authority (British 
airworthiness directive 005-03-97). The actions specified in AD 98-17-
12 are intended to detect and correct corrosion of the upper splice 
plate of the wing, which could result in reduced structural integrity 
of the airplane.

Actions Since AD Was Issued

    Since we issued AD 98-17-12, the European Aviation Safety Agency 
(EASA), which is the Technical Agent for the Member States of the 
European Community, issued Airworthiness Directive 2007-0056, dated 
March 1, 2007. The EASA Airworthiness Directive superseded British 
airworthiness directive 005-03-97 by adding airplanes with construction 
numbers 41102 through 41104. The EASA advises that those airplanes 
might also be subject to the identified unsafe condition.

Relevant Service Information

    AD 98-17-12 requires accomplishment of British Aerospace Regional 
Aircraft Service Bulletins J41-57-019, Revision 1, dated November 26, 
1997; J41-57-020, dated March 20, 1997; and J41-57-021, dated May 7, 
1998. BAE Systems (Operations) Limited has issued Revision 1 of Service 
Bulletin J41-57-020, dated July 3, 2006; and Revision 4 of Service 
Bulletin J41-57-021, dated January 16, 2003. BAE Systems (Operations) 
Limited Service Bulletin J41-57-020, Revision 1, adds the three 
airplanes referenced above. The revised service bulletins specify no 
new actions for any affected airplanes.
    The EASA mandated the service information and issued airworthiness 
directive 2007-0056, dated March 1, 2007 (referred to after this as 
``the MCAI''), to ensure the continued airworthiness of these airplanes 
in the European Union.

FAA's Determination and Requirements of This AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.
    Therefore, we are issuing this AD to detect and correct such 
corrosion, which could result in reduced structural integrity of the 
airplane. This new AD retains the requirements of the existing AD, and 
revises the applicability to include additional airplanes.

Explanation of Additional Change to Applicability

    We have further revised the applicability of the existing AD to 
identify model designations as published in the most recent type 
certificate data sheet for the affected models.

[[Page 8733]]

Clarification of Applicability

    BAE Systems (Operations) Limited Service Bulletin J41-57-019, 
Revision 1, dated November 26, 1997; BAE Systems (Operations) Limited 
Service Bulletin J41-57-020, Revision 1, dated July 3, 2006; and BAE 
Systems (Operations) Limited Service Bulletin J41-57-021, Revision 4, 
dated January 16, 2003; identify effectivity by ``constructor'' 
numbers, and the MCAI identifies its applicability by ``construction'' 
numbers. Since these terms are interchangeable, in this AD we refer to 
the applicability by ``constructor'' numbers.

Costs of Compliance

    The following table provides the estimated costs to comply with 
this AD.

                                                             Estimated Costs for AD 98-17-12
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                                                                                       Average labor       Cost per     U.S.-registered
                               Action                                   Work hours     rate per hour       airplane        airplanes        Fleet cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
Test...............................................................               1              $80              $80                7             $560
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The airplanes added to the applicability in this AD are not on the 
U.S. Register; therefore, they are not directly affected by this AD 
action. No additional costs are imposed on U.S. operators. However, we 
consider it necessary to supersede this AD to add these airplanes to 
ensure that the unsafe condition is addressed if a newly added airplane 
is imported and placed on the U.S. Register in the future. For those 
airplanes, the costs listed in the table above would apply.

FAA's Determination of the Effective Date

    No airplane affected by the new requirements of 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 affecting flight 
safety, and we did not provide you with notice and an opportunity to 
provide your comments before it becomes effective. However, we invite 
you to send any written data, views, or arguments about this AD. Send 
your comments to an address listed under the ADDRESSES section. Include 
``Docket No. FAA-2009-0034; Directorate Identifier 2007-NM-082-AD'' at 
the beginning of your comments. We specifically invite comments on the 
overall regulatory, economic, environmental, and energy aspects of this 
AD. We will consider all comments received by the closing date and may 
amend this AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

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 39-10714 (63 FR 44371, August 19, 1998) and adding 
the following new AD:

2009-02-07 BAE Systems (Operations) Limited (Formerly British 
Aerospace Regional Aircraft): Amendment 39-15797. Docket No. FAA-
2009-0034; Directorate Identifier 2007-NM-082-AD.

Effective Date

    (a) This AD becomes effective March 13, 2009.

Affected ADs

    (b) This AD supersedes AD 98-17-12.

Applicability

    (c) This AD applies to BAE Systems (Operations) Limited Model 
Jetstream 4101 airplanes, certificated in any category; 
constructor's numbers 41004 through 41096 inclusive and 41102 
through 41104 inclusive.

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Unsafe Condition

    (e) This AD results from reports of exfoliation corrosion of the 
upper splice plate of the wing. We are issuing this AD to detect and 
correct such corrosion, which could result in reduced structural 
integrity of the airplane.

[[Page 8734]]

Compliance

    (f) 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 98-17-12

Eddy Current Conductivity Test

    (g) For airplanes with constructor's numbers 41004 through 41096 
inclusive: Within 6 months after September 23, 1998 (the effective 
date of AD 98-17-12), perform an eddy current conductivity test to 
measure the conductivity of the upper splice plate of the wing, in 
accordance with British Aerospace Regional Aircraft Service Bulletin 
J41-57-019, Revision 1, dated November 26, 1997. If the conductivity 
measurement is greater than or equal to 35.0% of the International 
Aluminum and Copper Standards (IACS), no further action is required 
by this AD.
    (h) During the inspection required by paragraph (g) of this AD, 
if the conductivity measurement is less than 35.0% of the IACS: 
Prior to further flight, use a borescope to perform a detailed 
visual inspection to detect corrosion along the full length of the 
upper splice plate of the wing, in accordance with British Aerospace 
Regional Aircraft Service Bulletin J41-57-020, dated March 20, 1997; 
or BAE Systems (Operations) Limited Service Bulletin J41-57-020, 
Revision 1, dated July 3, 2006. Thereafter, repeat the inspection at 
intervals not to exceed 1 year.
    (1) During any inspection required by paragraph (g) of this AD, 
if any corrosion is detected that is within the allowable limits 
specified in British Aerospace Regional Aircraft Service Bulletin 
J41-57-020, dated March 20, 1997; or BAE Systems (Operations) 
Limited Service Bulletin J41-57-020, Revision 1, dated July 3, 2006: 
Accomplish the actions required by paragraphs (h)(1)(i) and 
(h)(1)(ii) of this AD, at the times specified in those paragraphs.
    (i) Prior to further flight, repair the upper splice plate of 
the wing in accordance with Appendix 2 of British Aerospace Regional 
Aircraft Service Bulletin J41-57-020, dated March 20, 1997; or BAE 
Systems (Operations) Limited Service Bulletin J41-57-020, Revision 
1, dated July 3, 2006. And
    (ii) Within 3 years after the detection of corrosion, replace 
the upper splice plate of the wing with a new upper splice plate in 
accordance with the applicable service bulletin identified in Table 
1 of this AD. Such replacement constitutes terminating action for 
the requirements of this AD.

                                           Table 1--Service Bulletins
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           Service bulletin                        Revision level                            Date
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British Aerospace Regional Aircraft     Original...........................  March 20, 1997.
 Service Bulletin J41-57-020.
BAE Systems (Operations) Limited        1..................................  July 3, 2006.
 Service Bulletin J41-57-020.
British Aerospace Regional Aircraft     Original...........................  May 7, 1998.
 Service Bulletin J41-57-021.
BAE Systems (Operations) Limited        4..................................  January 16, 2003.
 Service Bulletin J41-57-021.
----------------------------------------------------------------------------------------------------------------

    (2) During any inspection required by paragraph (h) of this AD, 
if any corrosion is detected that is outside the allowable limits 
specified in British Aerospace Regional Aircraft Service Bulletin 
J41-57-020, dated March 20, 1997; or BAE Systems (Operations) 
Limited Service Bulletin J41-57-020, Revision 1, dated July 3, 2006: 
Prior to further flight, repair in accordance with a method approved 
by the Manager, International Branch, ANM-116, FAA, Transport 
Airplane Directorate.

New Requirements of This AD

Replacement According to Previous Issue of Service Bulletin

    (i) Replacement of the upper splice plate is also acceptable for 
compliance with the requirements of paragraph (h)(1)(ii) of this AD, 
if done before the effective date of this AD in accordance with any 
service bulletin identified in Table 2 of this AD.

                                           Table 2--Service Bulletins
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   BAE Systems (operations) limited
           service bulletin                        Revision level                            Date
----------------------------------------------------------------------------------------------------------------
J41-57-021............................  1..................................  May 26, 2000.
J41-57-021............................  2..................................  November 2, 2001.
J41-57-021............................  3..................................  August 9, 2002.
----------------------------------------------------------------------------------------------------------------

    (j) For airplanes with construction numbers 41102 through 41104 
inclusive: Do the actions specified in paragraph (g) of this AD 
within 6 months after the effective date of this AD, in accordance 
with British Aerospace Regional Aircraft Service Bulletin J41-57-
019, Revision 1, dated November 26, 1997. And do all applicable 
actions at the applicable times as specified in paragraph (h) of 
this AD.

Alternative Methods of Compliance (AMOCs)

    (k) 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 principal 
maintenance inspector (PMI) or principal avionics inspector (PAI), 
as appropriate, in the FAA Flight Standards District Office (FSDO), 
or lacking a principal inspector, your local FSDO. The AMOC approval 
letter must specifically reference this AD.

Related Information

    (l) EASA Airworthiness Directive 2007-0056, dated March 1, 2007, 
also addresses the subject of this AD.

Material Incorporated by Reference

    (m) You must use the applicable service bulletins identified in 
Table 4 of this AD to perform the actions that are required by this 
AD, unless the AD specifies otherwise. BAE Systems (Operations) 
Limited Service Bulletin J41-57-021, Revision 4, dated January 16, 
2003, has the following effective pages:

----------------------------------------------------------------------------------------------------------------
               Page No.                     Revision level shown on page              Date shown on page
----------------------------------------------------------------------------------------------------------------
1, 4, 79-83...........................  4..................................  January 16, 2003.
2, 3, 5-78............................  3..................................  August 9, 2002.
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[[Page 8735]]

    (1) The Director of the Federal Register approved the 
incorporation by reference of BAE Systems (Operations) Limited 
Service Bulletin J41-57-020, Revision 1, dated July 3, 2006; and BAE 
Systems (Operations) Limited Service Bulletin J41-57-021, Revision 
4, dated January 16, 2003; in accordance with 5 U.S.C. 552(a) and 1 
CFR part 51.
    (2) On September 23, 1998 (63 FR 44371, August 19, 1998), the 
Director of the Federal Register approved the incorporation by 
reference of British Aerospace Regional Aircraft Service Bulletins 
identified in Table 3 of this AD.

                             Table 3--Material Previously Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
           Service bulletin                        Revision level                            Date
----------------------------------------------------------------------------------------------------------------
J41-57-019............................  1..................................  November 26, 1997.
J41-57-020............................  Original...........................  March 20, 1997.
J41-57-021............................  Original...........................  May 7, 1998.
----------------------------------------------------------------------------------------------------------------

    (3) For service information identified in this AD, contact BAE 
Systems Regional Aircraft, 13850 Mclearen Road, Herndon, Virginia 
20171; telephone 703-736-1080; e-mail [email protected]; 
Internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm.
    (4) You may review copies of the service information that is 
incorporated by reference at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington. For 
information on the availability of this material at the FAA, call 
425-227-1221 or 425-227-1152.
    (5) You may also review copies of the service information 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.

                                 Table 4--All Material Incorporated by Reference
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           Service bulletin                        Revision level                            Date
----------------------------------------------------------------------------------------------------------------
BAE Systems (Operations) Limited        1..................................  July 3, 2006.
 Service Bulletin J41-57-020.
BAE Systems (Operations) Limited        4..................................  January 16, 2003.
 Service Bulletin J41-57-021.
British Aerospace Regional Aircraft     1..................................  November 26, 1997.
 Service Bulletin J41-57-019.
British Aerospace Regional Aircraft     Original...........................  March 20, 1997.
 Service Bulletin J41-57-020.
British Aerospace Regional Aircraft     Original...........................  May 7, 1998.
 Service Bulletin J41-57-021.
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    Issued in Renton, Washington, on January 9, 2009.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
[FR Doc. E9-3782 Filed 2-25-09; 8:45 am]
BILLING CODE 4910-13-P