[Federal Register Volume 76, Number 68 (Friday, April 8, 2011)]
[Proposed Rules]
[Pages 19716-19719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8410]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0306; Directorate Identifier 2010-NM-176-AD]
RIN 2120-AA64


Airworthiness Directives; BAE SYSTEMS (Operations) Limited Model 
4101 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above that would supersede an existing AD. This 
proposed 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:

    * * * BAE Systems (Operations) Ltd has issued Revision 33 of the 
AMM [airplane maintenance manual] to amend Chapter 05-10-10 by 
adding one new Structurally Significant Item (SSI) and increasing 
the repeat inspection period on another SSI. Failure to comply with 
this revision constitutes an unsafe condition.

The unsafe condition is failure of certain structurally significant 
items, including the main landing gear and the nose landing gear, which 
could result in reduced structural integrity of the airplane; and fuel 
vapor ignition sources, which could result in a fuel tank explosion and 
consequent loss of the airplane. The proposed AD would require actions 
that are intended to address the unsafe condition described in the 
MCAI.

DATES: We must receive comments on this proposed AD by May 23, 2011.

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-

[[Page 19717]]

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 W12-40, 1200 New 
Jersey Avenue, SE., 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 BAE 
SYSTEMS (Operations) Limited, Customer Information Department, 
Prestwick International Airport, Ayrshire, KA9 2RW, Scotland, United 
Kingdom; telephone +44 1292 675207; fax +44 1292 675704; e-mail 
[email protected]; Internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm. You may review copies of the 
referenced service information 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.

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 this proposed AD, 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.

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:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2011-0306; 
Directorate Identifier 2010-NM-176-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on 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 proposed AD.

Discussion

    On April 27, 2009, we issued AD 2009-10-02, Amendment 39-15897 (74 
FR 21246, May 7, 2009). That AD required actions intended to address an 
unsafe condition on the products listed above.
    Since we issued AD 2009-10-02, we have determined that new or more 
restrictive limitations are necessary to adequately address the 
identified unsafe condition.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued 
Airworthiness Directive 2010-0098, dated May 27, 2010 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    The Jetstream J41 Aircraft Maintenance Manual (AMM), includes 
the following chapters:

--05-10-10 ``Airworthiness Limitations'',
--05-10-20 ``Certification Maintenance Requirements'', and,
--05-10-30 ``Critical Design Configuration Control Limitations 
(CDCCL)--Fuel System''

    Compliance with these chapters has been identified as mandatory 
actions for continued airworthiness and EASA AD 2009-0052 was issued 
to require operators to comply with those instructions.
    Since the issuance of that AD, BAE Systems (Operations) Ltd has 
issued Revision 33 of the AMM to amend Chapter 05-10-10 by adding 
one new Structurally Significant Item (SSI) and increasing the 
repeat inspection period on another SSI. Failure to comply with this 
revision constitutes an unsafe condition.
    For the reasons described above, this [EASA] AD, which 
supersedes EASA AD 2009-0052, requires the implementation of the new 
or more restrictive maintenance requirements and/or airworthiness 
limitations as specified in the defined parts of Chapter 05 of the 
AMM at Revision 33.

The unsafe condition is failure of certain structurally significant 
items, including the main landing gear and the nose landing gear, which 
could result in reduced structural integrity of the airplane; and fuel 
vapor ignition sources, which could result in a fuel tank explosion and 
consequent loss of the airplane. You may obtain further information by 
examining the MCAI in the AD docket.

Relevant Service Information

    BAE SYSTEMS (Operations) Limited has issued Subjects 05-10-00, 05-
10-10, 05-10-20, and 05-10-30 of Chapter 05 of Jetstream Series 4100 
Aircraft Maintenance Manual, Revision 33, dated February 15, 2010. The 
actions described in this service information are intended to correct 
the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed 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.

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 proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 3 products of U.S. registry.
    The actions that are required by AD 2009-10-02 and retained in this 
proposed AD take about 1 work-hour per product, at an average labor 
rate of $85 per work hour. Based on these figures, the estimated cost 
of the currently required actions is $85 per product.
    We estimate that it would take about 1 additional work-hour per 
product to comply with the new basic requirements of this proposed AD. 
The average labor rate is $85 per work-hour. Based on these figures, we 
estimate the cost of the proposed AD on U.S. operators to be $255, or 
$85 per product.

[[Page 19718]]

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 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 this 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 and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, 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 removing Amendment 39-15897 (74 FR 
21246, May 7, 2009) and adding the following new AD:

BAE SYSTEMS (Operations) Limited: Docket No. FAA-2011-0306; 
Directorate Identifier 2010-NM-176-AD.

Comments Due Date

    (a) We must receive comments by May 23, 2011.

Affected ADs

    (b) This AD supersedes AD 2009-10-02, Amendment 39-15897.

Applicability

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

    Note 1: This AD requires revisions to certain operator 
maintenance documents to include new actions (e.g., inspections) 
and/or Critical Design Configuration Control Limitations (CDCCLs). 
Compliance with these actions and/or CDCCLs is required by 14 CFR 
91.403(c). For airplanes that have been previously modified, 
altered, or repaired in the areas addressed by this AD, the operator 
may not be able to accomplish the actions described in the 
revisions. In this situation, to comply with 14 CFR 91.403(c), the 
operator must request approval of an alternative method of 
compliance (AMOC) according to paragraph (k) of this AD. The request 
should include a description of changes to the required actions that 
will ensure the continued operational safety of the airplane.

Subject

    (d) Air Transport Association (ATA) of America Code 05.

Reason

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

    * * * BAE Systems (Operations) Ltd has issued Revision 33 of the 
AMM [airplane maintenance manual] to amend Chapter 05-10-10 by 
adding one new Structurally Significant Item (SSI) and increasing 
the repeat inspection period on another SSI. Failure to comply with 
this revision constitutes an unsafe condition.

The unsafe condition is failure of certain structurally significant 
items, including the main landing gear and the nose landing gear, 
which could result in reduced structural integrity of the airplane; 
and fuel vapor ignition sources, which could result in a fuel tank 
explosion and consequent loss of the airplane.

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 2009-10-02

Revise Airworthiness Limitations Section (AWL) of Instructions for 
Continued Airworthiness

    (g) Within 90 days after June 11, 2009 (the effective date of AD 
2009-10-02): Revise the AWL section of the Instructions for 
Continued Airworthiness by incorporating the instructions of 
Subjects 05-10-10, ``Airworthiness Limitations,'' 05-10-20, 
``Certification Maintenance Requirements,'' and 05-10-30, ``Critical 
Design Configuration Control Limitations (CDCCL)--Fuel System,'' of 
the BAE Systems (Operations) Limited Jetstream Series 4100 Airplane 
Maintenance Manual (AMM), Revision 31, dated February 15, 2009. 
Thereafter, except as provided in paragraph (k) of this AD, no 
alternative replacement times or inspection intervals may be 
approved for any affected component. Doing the actions required by 
paragraph (i) of this AD terminates the requirements of this 
paragraph.
    (h) Where paragraph 2.A.(2) of Subject 05-10-10 of the BAE 
Systems (Operations) Limited Jetstream Series 4100 AMM, Revision 31, 
dated February 15, 2009, specifies that certain landing gear units 
``must be removed before 31st March 2008,'' this AD requires 
compliance within 60 days after June 11, 2009.

New Requirements of This AD

Maintenance Program Revision

    (i) Within 90 days after the effective date of this AD: Revise 
the maintenance program by incorporating Subject 05-10-10, 
``Airworthiness Limitations Description and Operation''; Subject 05-
10-20, ``Certification Maintenance Requirements Description and 
Operation''; and Subject 05-10-30, ``Critical Design Configuration 
Control Limitations (CDCCL)--Fuel System Description and 
Operation''; of Chapter 05 of the BAE Systems (Operations) Limited 
Jetstream Series 4100 AMM, Revision 33, dated February 15, 2010. 
Doing the actions required by this paragraph terminates the 
requirements of paragraph (g) of this AD. The initial compliance 
times for the tasks are at the applicable times specified in 
paragraphs (i)(1), (i)(2), and (i)(3) of this AD.
    (1) For replacement tasks of life limited parts specified in 
Subject 05-10-10, ``Airworthiness Limitations Description and 
Operation,'' of Chapter 05 of the BAE Systems (Operations) Limited 
Jetstream Series 4100 AMM, Revision 33, dated February 15, 2010: 
Prior to the applicable flight cycles (landings) or flight hours 
(flying hours) on the part specified in the ``Mandatory Life 
Limits'' column in Subject 05-10-10, or within 90 days after the 
effective date of this AD, whichever occurs later.
    (2) For structurally significant item tasks specified in Subject 
05-10-10, ``Airworthiness Limitations Description and Operation,'' 
of Chapter 05 of the BAE Systems (Operations) Limited Jetstream 
Series 4100 AMM, Revision 33, dated February 15, 2010: Prior to the 
accumulation of the applicable flight cycles specified in the 
``Initial Inspection'' column in Subject 05-10-10, or within 90 days 
after the effective date of this AD, whichever occurs later.

[[Page 19719]]

    (3) For certification maintenance requirements tasks specified 
in Subject 05-10-20, ``Certification Maintenance Requirements 
Description and Operation,'' of Chapter 05 of the BAE Systems 
(Operations) Limited Jetstream Series 4100 AMM, Revision 33, dated 
February 15, 2010: Prior to the accumulation of the applicable 
flight hours specified in the ``Time Between Checks'' column in 
Subject 05-10-20, or within 90 days after the effective date of this 
AD, whichever occurs later; except for tasks that specify ``first 
flight of the day'' in the ``Time Between Checks'' column in Subject 
05-10-20, the initial compliance time is the first flight of the 
next day after doing the revision required by paragraph (i) of this 
AD, or within 90 days after the effective date of this AD, whichever 
occurs later.

No Alternative Actions, Intervals, and/or Critical Design Configuration 
Control Limitations (CDCCLs)

    (j) After accomplishing the revision required by paragraph (i) 
of this AD, no alternative actions (e.g., inspections), intervals, 
and/or CDCCLs may be used unless the actions, intervals, and/or 
CDCCLs are approved as an alternative method of compliance (AMOC) in 
accordance with the procedures specified in paragraph (k) of this 
AD.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows: Although EASA Airworthiness Directive 2010-0098, dated 
May 27, 2010, specifies both revising the maintenance program to 
include limitations, and doing certain repetitive actions (e.g., 
inspections) and/or maintaining Critical Design Configuration 
Control Limitations (CDCCLs), this AD only requires the revision. 
Requiring a revision of the maintenance program, rather than 
requiring individual repetitive actions and/or maintaining CDCCLs, 
requires operators to record AD compliance only at the time the 
revision is made. Repetitive actions and/or maintaining CDCCLs 
specified in the airworthiness limitations must be complied with in 
accordance with 14 CFR 91.403(c).

Other FAA AD Provisions

    (k) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, FAA, has the authority to approve 
AMOCs for this AD, if requested using the procedures found in 14 CFR 
39.19. In accordance with 14 CFR 39.19, send your request to your 
principal inspector or local Flight Standards District Office, as 
appropriate. If sending information directly to the International 
Branch, send it 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, 
notify your appropriate principal inspector, or lacking a principal 
inspector, the manager of the local flight standards district 
office/certificate holding district office. The AMOC approval letter 
must specifically reference this AD.
    (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.

Related Information

    (l) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) European Aviation Safety Agency (EASA) Airworthiness 
Directive 2010-0098, dated May 27, 2010; Subjects 05-10-10, 
``Airworthiness Limitations,'' 05-10-20, ``Certification Maintenance 
Requirements,'' and 05-10-30, ``Critical Design Configuration 
Control Limitations (CDCCL)--Fuel System,'' of the BAE Systems 
(Operations) Limited Jetstream Series 4100 AMM, Revision 31, dated 
February 15, 2009; and Subjects 05-10-00, ``Time Limits Description 
and Operation,'' 05-10-10, ``Airworthiness Limitations Description 
and Operation,'' 05-10-20, ``Certification Maintenance Requirements 
Description and Operation,'' and 05-10-30, ``Critical Design 
Configuration Control Limitations (CDCCL)--Fuel System Description 
and Operation,'' of Chapter 05 of the BAE Systems (Operations) 
Limited Jetstream Series 4100 AMM, Revision 33, dated February 15, 
2010; for related information.

    Issued in Renton, Washington, on March 30, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-8410 Filed 4-7-11; 8:45 am]
BILLING CODE 4910-13-P