[Federal Register Volume 77, Number 44 (Tuesday, March 6, 2012)]
[Proposed Rules]
[Pages 13228-13230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5379]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0188; Directorate Identifier 2011-NM-120-AD]
RIN 2120-AA64


Airworthiness Directives; BAE SYSTEMS (Operations) Limited 
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 all 
BAE SYSTEMS (Operations) Limited Model 4101 airplanes. This proposed AD 
was prompted by reports of cracking found in the wing rear spar. This 
proposed AD would require a one-time detailed inspection for cracks, 
corrosion, and other defects of the rear face of the wing rear spar, 
and repair if necessary. We are proposing this AD to detect and correct 
cracking in the rear spar, which could propagate to a critical length, 
possibly affecting the structural integrity of the area and resulting 
in a fuel tank rupture, with consequent damage to the airplane and 
possible injury to its occupants.

DATES: We must receive comments on this proposed AD by April 20, 2012.

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, 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; email 
[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-2012-0188; 
Directorate Identifier 2011-NM-120-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

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2011-0096, dated May 25, 2011 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    Four cracks were found on a wing rear spar by an operator during 
a fuel leak investigation. The cracks were located between ribs 6 
and 7, immediately inboard of the inboard engine rib. The cracks 
initiated at adjacent fastener bores in the rear spar

[[Page 13229]]

upper boom and progressed downwards, diagonally, into the rear spar 
web.
    Such cracking in the rear spar, if not detected and corrected, 
could propagate to a critical length, possibly affecting the 
structural integrity of the area and/or resulting in a fuel tank 
rupture, and consequent damage to the aeroplane and injury to its 
occupants.
    For the reasons described above, this [EASA] AD requires a one-
time [detailed] inspection [for cracks, corrosion, and other 
defects] of the rear face of the wing rear spar and the 
accomplishment of the associated corrective actions [i.e., repair], 
depending on findings.

You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    BAE SYSTEMS (Operations) Limited has issued Alert Service Bulletin 
J41-A57-029, dated May 6, 2011; and Subject 57-00-00, Wings General, of 
Chapter 57, Wings, of the Jetstream Series 4100 Structural Repair 
Manual, Volume 1, Revision 30, dated April 15, 2007. 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.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 3 products of U.S. registry. We also estimate that 
it would take about 25 work-hours per product to comply with the 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 $6,375, or $2,125 per product.
    We have received no definitive data that would enable us to provide 
a cost estimates for the on-condition actions (repairing cracks, 
corrosion, and defects) specified in 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 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 that 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);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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 adding the following new AD:

BAE SYSTEMS (Operations) Limited: Docket No. FAA-2012-0188; 
Directorate Identifier 2011-NM-120-AD.

(a) Comments Due Date

    We must receive comments by April 20, 2012.

(b) Affected ADs

    None.

(c) Applicability

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

(d) Subject

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

(e) Reason

    This AD was prompted by reports of cracking found in the wing 
rear spar. We are issuing this AD to detect and correct cracking in 
the rear spar, which could propagate to a critical length, possibly 
affecting the structural integrity of the area and resulting in a 
fuel tank rupture, with consequent damage to the airplane and 
possible injury to its occupants.

(f) Compliance

    You are responsible for having the actions required by this AD 
performed within the compliance times specified, unless the actions 
have already been done.

(g) Detailed Inspection and Repair

    Within 300 flight hours after the effective date of this AD, or 
before further flight if a fuel leak is detected in the vicinity of 
a wing rear spar, whichever occurs first: Do a detailed inspection 
for cracks, corrosion, and other defects (defects include scratches, 
dents, holes, damage to fastener holes, or damage to surface 
protection and finish) of the rear face of the wing rear spars, in 
accordance with the Accomplishment Instructions of BAE SYSTEMS Alert 
Service Bulletin J41-A57-029, dated May 6, 2011.
    (1) If any cracking, corrosion, or other defect is found to be 
within the criteria defined in Subject 57-00-00, Wings General, of 
Chapter 57, Wings, of the Jetstream Series 4100 Structural Repair 
Manual, Volume 1, Revision 30, dated April 15, 2007: Before further 
flight, repair the damage, in accordance with the repair 
instructions specified in Subject 57-00-00, Wings General, of 
Chapter 57, Wings, of the Jetstream Series 4100 Structural Repair 
Manual, Volume 1, Revision 30, dated April 15, 2007.
    (2) If any cracking, corrosion, or other defect is found 
exceeding the criteria as specified in Subject 57-00-00, Wings 
General, of Chapter 57, Wings, of the Jetstream Series 4100 
Structural Repair Manual, Volume 1, Revision 30, dated April 15, 
2007: Before further flight, repair the condition, in accordance 
with a method approved by the Manager, International

[[Page 13230]]

Branch, ANM-116, Transport Airplane Directorate, FAA, or EASA (or 
its delegated agent).

(h) Reporting

    Submit a report of the findings of the inspection required by 
paragraph (g) of this AD, including a report of no defects, to BAE 
SYSTEMS (Operations) Limited, Customer Information Department, 
Prestwick International Airport, Ayrshire, KA9 2RW, Scotland, United 
Kingdom; telephone +44 1292 675207; fax+44 1292 675704; email 
[email protected]; Internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm, at the applicable time 
specified in paragraph (h)(1) or (h)(2) of this AD.
    (1) If the inspection was done on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (2) If the inspection was done before the effective date of this 
AD: Submit the report within 30 days after the effective date of 
this AD.

(i) Other FAA AD Provisions

    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. 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. 
Information may be emailed to: [email protected]. 
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.
    (3) Reporting Requirements: A federal agency may not conduct or 
sponsor, and a person is not required to respond to, nor shall a 
person be subject to a penalty for failure to comply with a 
collection of information subject to the requirements of the 
Paperwork Reduction Act unless that collection of information 
displays a current valid OMB Control Number. The OMB Control Number 
for this information collection is 2120-0056. Public reporting for 
this collection of information is estimated to be approximately 5 
minutes per response, including the time for reviewing instructions, 
completing and reviewing the collection of information. All 
responses to this collection of information are mandatory. Comments 
concerning the accuracy of this burden and suggestions for reducing 
the burden should be directed to the FAA at: 800 Independence Ave. 
SW., Washington, DC 20591, Attn: Information Collection Clearance 
Officer, AES-200.

(j) Related Information

    Refer to MCAI EASA Airworthiness Directive 2011-0096, dated May 
25, 2011, and the service information specified in paragraphs (k)(1) 
and (k)(2) of this AD; for related information.
    (1) BAE SYSTEMS Alert Service Bulletin J41-A57-029, dated May 6, 
2011.
    (2) Subject 57-00-00, Wings General, of Chapter 57, Wings, of 
the Jetstream Series 4100 Structural Repair Manual, Volume 1, 
Revision 30, dated April 15, 2007.

    Issued in Renton, Washington, on February 27, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-5379 Filed 3-5-12; 8:45 am]
BILLING CODE 4910-13-P