[Federal Register Volume 80, Number 89 (Friday, May 8, 2015)]
[Proposed Rules]
[Pages 26484-26487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11023]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-1279; Directorate Identifier 2014-NM-049-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 supersede Airworthiness Directive (AD) 2011-21-
06 for all BAE SYSTEMS (Operations) Limited Model 4101 airplanes. AD 
2011-21-06 currently requires revising the maintenance program. Since 
we issued AD 2011-21-06, we have determined that the life limit of 
certain main landing gear components must be reduced, and certain post-
repair inspections of critical structure are necessary. This proposed 
AD would require a new revision of the maintenance/inspection program. 
We are proposing this AD to prevent failure of certain structurally 
significant items,

[[Page 26485]]

including the main landing gear and nose landing gear, which could 
result in reduced structural integrity of the airplane; and to prevent 
fuel vapor ignition sources, which could result in a fuel tank 
explosion and consequent loss of the airplane.

DATES: We must receive comments on this proposed AD by June 22, 2015.

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 view this referenced 
service information at the FAA, Transport Airplane Directorate, 1601 
Lind Avenue SW., Renton, WA. 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 by searching for and locating Docket No. FAA-2015-
1279; 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 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, WA 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-2015-1279; 
Directorate Identifier 2014-NM-049-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 September 23, 2011, we issued AD 2011-21-06, Amendment 39-16829 
(76 FR 64788, October 19, 2011). AD 2011-21-06 requires actions 
intended to address an unsafe condition on BAE SYSTEMS (Operations) 
Limited Model 4101 airplanes.
    Since we issued AD 2011-21-06, Amendment 39-16829 (76 FR 64788, 
October 19, 2011), we have determined that the life limit of certain 
main landing gear components must be reduced, and new inspections of 
certain repairs that affect fatigue strength of critical structure must 
be added to the maintenance/inspection program.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Airworthiness Directive 2014-0043, dated February 21, 2014 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``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''.
    The maintenance tasks and limitations contained in these 
chapters have been identified as mandatory actions for continued 
airworthiness and EASA issued AD 2010-0098 [dated May 27, 2010 
(http://ad.easa.europa.eu/ad/2010-0098) which corresponds to FAA AD 
2011-21-06, Amendment 39-16829 (79 FR 64788, October 19, 2011)] to 
require operators to comply with those instructions.
    Since that [EASA] AD was issued, BAE Systems (Operations) Ltd 
issued Revision 37 of the AMM amending Chapter 05-10-10 to revise 
and reduce the life limit of certain main landing gear components. 
In addition, Revision 38 of the AMM was issued to amend Chapters 05-
10-00 and 05-10-10 introducing inspections to be accomplished after 
implementation of some repairs affecting fatigue strength of 
critical structure. Failure to comply with the new and more 
restrictive actions could result in an unsafe condition.
    For the reasons described above, this [EASA] AD, which 
supersedes EASA AD 2010-0098, requires implementation of the 
maintenance requirements and/or airworthiness limitations as 
specified in the defined parts of Chapter 05 of the AMM at Revision 
38.

    The unsafe condition is the failure of certain structurally 
significant items, including the main landing gear and 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 examine the 
MCAI in the AD docket on the Internet at http://www.regulations.gov by 
searching for and locating Docket No. FAA-2015-1279.

Related Service Information Under 1 CFR Part 51

    BAE SYSTEMS (Operations) Limited has issued 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 Chapter 05, ``Airworthiness 
Limitations,'' of the BAE Systems (Operations) Limited J41 AMM, 
Revision 38, dated September 15, 2013, which describe procedures for 
inspections of structurally significant items and the fuel system. The 
actions described in this service information are intended to correct 
the unsafe condition identified in the MCAI. This service information 
is reasonably available because the interested parties have access to 
it through their normal course of business or by the means identified 
in the ADDRESSES section of this NPRM.

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

[[Page 26486]]

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

    We estimate that this proposed AD affects 4 airplanes of U.S. 
registry.
    The actions required by AD 2011-21-06, Amendment 39-16829 (76 FR 
64788, October 19, 2011), 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 actions that are 
required by AD 2011-21-06 is $85 per product.
    We also estimate that it would take about 1 work-hour 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 this proposed AD on U.S. operators to be $340, or $85 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 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);
    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.

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

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 removing Airworthiness Directive (AD) 
2011-21-06, Amendment 39-16829 (76 FR 64788, October 19, 2011), and 
adding the following new AD:

BAE SYSTEMS (Operations) Limited: Docket No. FAA-2015-1279; 
Directorate Identifier 2014-NM-049-AD.

(a) Comments Due Date

    We must receive comments by June 22, 2015.

(b) Affected ADs

    This AD replaces AD 2011-21-06, Amendment 39-16829 (76 FR 64788, 
October 19, 2011).

(c) Applicability

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

(d) Subject

    Air Transport Association (ATA) of America Code 05.

(e) Reason

    This AD was prompted by the need to reduce the life limit of 
certain main landing gear components, and to add certain post-repair 
inspections of critical structure to the maintenance/inspection 
program. We are issuing this AD to prevent failure of certain 
structurally significant items, including the main landing gear and 
nose landing gear, which could result in reduced structural 
integrity of the airplane; and to prevent fuel vapor ignition 
sources, which could result in a fuel tank explosion and consequent 
loss of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Retained Maintenance Program Revision, With No Changes

    This paragraph restates the requirements of paragraph (i) of AD 
2011-21-06, Amendment 39-16829 (76 FR 64788, October 19, 2011), with 
no changes. Within 90 days after November 23, 2011 (the effective 
date of AD 2011-21-06): Revise the maintenance program by 
incorporating 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 Chapter 05, ``Airworthiness Limitations,'' of the BAE 
Systems (Operations) Limited Jetstream Series 4100 Aircraft 
Maintenance Manual (AMM), Revision 35, dated February 15, 2011. The 
initial compliance times for the tasks are at the applicable times 
specified in paragraphs (g)(1), (g)(2), and (g)(3) of this AD. Doing 
the actions required by paragraph (i) of this AD terminates the 
requirements of this paragraph.
    (1) For replacement tasks of life limited parts specified in 
Subject 05-10-10, ``Airworthiness Limitations,'' of Chapter 05, 
``Airworthiness Limitations,'' of the BAE Systems (Operations) 
Limited Jetstream Series 4100 AMM, Revision 35, dated February 15, 
2011: 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 
November 23, 2011 (the effective date of AD 2011-21-06, Amendment 
39-16829 (76 FR 64788, October 19, 2011)), whichever occurs later.
    (2) For structurally significant item tasks specified in Subject 
05-10-10, ``Airworthiness Limitations,'' of Chapter 05, 
``Airworthiness Limitations,'' of the BAE Systems (Operations) 
Limited Jetstream Series 4100 AMM, Revision 35, dated February 15, 
2011: 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 November 23, 2011 (the effective date of AD 
2011-21-06, Amendment 39-16829 (76 FR 64788, October 19, 2011)), 
whichever occurs later.
    (3) For certification maintenance requirements tasks specified 
in Subject 05-10-20, ``Certification Maintenance Requirements,'' of 
Chapter 05, ``Airworthiness Limitations,'' of the BAE Systems 
(Operations) Limited Jetstream Series 4100 AMM, Revision 35, dated 
February 15, 2011: 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 November 23, 2011 (the 
effective date of AD 2011-21-06, Amendment 39-16829 (76 FR 64788, 
October 19, 2011), 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 (g) of this AD, or within 90 days after November 23, 2011 
(the effective date of AD 2011-21-06), whichever occurs later.

[[Page 26487]]

(h) Retained Restrictions on Alternative Actions, Intervals, and/or 
CDCCLs, With a New Exception

    This paragraph restates the requirements of paragraph (k) of AD 
2011-21-06, Amendment 39-16829 (76 FR 64788, October 19, 2011), with 
a new exception. Except as required by paragraph (i) of this AD, 
after accomplishing the revision required by paragraph (g) 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 (l) of this AD.

(i) New Maintenance or Inspection Program Revision

    Within 90 days after the effective date of this AD: Revise the 
maintenance or inspection program, as applicable, by incorporating 
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 
Chapter 05, ``Airworthiness Limitations,'' of the BAE Systems 
(Operations) Limited J41 AMM, Revision 38, dated September 15, 2013. 
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. 
Doing the actions required by this paragraph terminates the 
requirements of paragraph (g) of this AD.
    (1) For replacement tasks of life limited parts specified in 
Subject 05-10-10, ``Airworthiness Limitations,'' of Chapter 05, 
``Airworthiness Limitations,'' of the BAE Systems (Operations) 
Limited J41 AMM, Revision 38, dated September 15, 2013: 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,'' of Chapter 05, 
``Airworthiness Limitations,'' of the BAE Systems (Operations) 
Limited J41 AMM, Revision 38, dated September 15, 2013: 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.
    (3) For certification maintenance requirements tasks specified 
in Subject 05-10-20, ``Certification Maintenance Requirements,'' of 
Chapter 05, ``Airworthiness Limitations,'' of the BAE Systems 
(Operations) Limited J41 AMM, Revision 38, dated September 15, 2013: 
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 (j) of this AD, or within 90 days the 
effective date of this AD, whichever occurs later.

(j) New Restrictions on Alternative Actions, Intervals, and/or (CDCCLs)

    After the maintenance or inspection program, as applicable, has 
been revised as 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 AMOC 
in accordance with the procedures specified in paragraph (l) of this 
AD.

(k) Credit for Previous Actions

    This paragraph restates the provisions of paragraph (j) of AD 
2011-21-06, Amendment 39-16829 (76 FR 64788, October 19, 2011). This 
paragraph provides credit for actions required by paragraph (g) of 
this AD, if those actions were performed before November 23, 2011 
(the effective date of AD 2011-21-06), in accordance with 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 Chapter 
05, ``Airworthiness Limitations,'' of the BAE Systems (Operations) 
Limited Jetstream Series 4100 AMM, Revision 33, dated February 15, 
2010; which are not incorporated by reference in this AD.

(l) 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, 
WA 98057-3356; telephone: 425-227-1175; fax 425-227-1149. 
Information may be emailed to: [email protected].
    (i) 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.
    (ii) AMOCs approved previously for AD 2011-21-06, Amendment 39-
16829 (76 FR 64788, October 19, 2011), are not approved as AMOCs 
with this AD.
    (2) Contacting the Manufacturer: As of the effective date of 
this AD, for any requirement in this AD to obtain corrective actions 
from a manufacturer, the action must be accomplished using a method 
approved by the Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA; or the European Aviation Safety Agency 
(EASA); or BAE Systems (Operations) Limited's EASA Design 
Organization Approval (DOA). If approved by the DOA, the approval 
must include the DOA-authorized signature.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2014-0043, dated February 21, 
2014, for related information. This MCAI may be found in the AD 
docket on the Internet at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2015-1279.
    (2) For service information identified in this 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 view this service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue SW., Renton, WA. For information on the availability of this 
material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on April 29, 2015.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2015-11023 Filed 5-7-15; 8:45 am]
 BILLING CODE 4910-13-P