[Federal Register Volume 81, Number 13 (Thursday, January 21, 2016)]
[Proposed Rules]
[Pages 3350-3353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01088]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-0457; Directorate Identifier 2015-NM-084-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) 2012-11-
15, for all BAE Systems (Operations) Limited Model 4101 airplanes. AD 
2012-11-15 currently requires a one-time detailed inspection for 
cracks, corrosion, and other defects of the rear face of the wing rear 
spar, and repair if necessary. Since we issued AD 2012-11-15, we 
received new reports of cracking found in the wing rear spar and 
technical analysis results confirmed that the crack initiation and 
propagation are due to fatigue, with no indication of any other crack 
initiation mechanism (e.g. stress corrosion). This proposed AD would 
require repetitive detailed inspections, and repair if necessary. We 
are proposing this AD to detect and correct cracking in the wing 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 March 7, 2016.

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-

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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-2016-
0457; 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-2016-0457; 
Directorate Identifier 2015-NM-084-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 March 31, 2012, we issued AD 2012-11-15, Amendment 39-17079 (77 
FR 36127, June 18, 2012). AD 2012-11-15 requires actions intended to 
address an unsafe condition on BAE Systems (Operations) Limited Model 
4101 airplanes.
    Since we issued AD 2012-11-15, Amendment 39-17079 (77 FR 36127, 
June 18, 2012), we received new reports of cracking found in the wing 
rear spar and technical analysis results confirmed that the crack 
initiation and propagation are due to fatigue, with no indication of 
any other crack initiation mechanism (e.g. stress corrosion).
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Airworthiness Directive 2015-0100, dated June 3, 2015 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for all BAE Systems 
(Operations) Limited Model 4101 airplanes. The MCAI states:

    During an investigation of a fuel leak on the rear spar of a 
Jetstream 4100 aeroplane, 4 cracks were found between Ribs 6 and 7 
(immediately inboard of the inboard engine rib). The cracks 
initiated at adjacent fastener bores in the rear spar upper boom, 
and progressed downwards, diagonally, into the rear spar web.
    These cracks, if not detected and corrected, could propagate to 
a critical length, affecting the structural integrity of the area, 
possibly resulting in a fuel tank rupture with consequent damage to 
the aeroplane and injury to its occupants.
    Prompted by these findings, EASA issued [EASA] AD 2011-0096 
[which corresponds to FAA AD 2012-11-15, Amendment 39-17079 (77 FR 
36127, June 18, 2012)] to require a one-time [detailed] inspection 
[for cracks, corrosion, and other defects] of the rear face of the 
wing rear spar and the accomplishment of applicable corrective 
actions [i.e., repair], depending on findings. Initial analysis of 
the event did not lead to the conclusion that the cracking was 
fatigue related, therefore [EASA] AD 2011-0096 did not require 
repetitive inspections.
    Since that [EASA] AD [2011-0096] was issued, the results of the 
technical analysis confirmed that the cracks were due to fatigue, 
with no indication of any other crack initiation mechanism (e.g. 
stress corrosion). In addition, further similar in-service events 
have been reported. During investigation of those events, further 
metallurgical analysis indicated that the crack initiation and 
propagation are indeed fatigue driven and occur at the same 
location.
    To address this unsafe condition, a review of the inspection 
interval was undertaken based on the cracks from both aeroplanes and 
BAE Systems (Operations) Ltd issued Service Bulletin (SB) J41-A57-
029 Revision 3 in order to reduce the inspection interval of the 
wing rear spar from 2,000 flight cycles (FC) to 1,600 FC.
    For the reasons described above, this [EASA] AD supersedes AD 
2011-0096, without retaining its requirements, introduces repetitive 
inspections and, depending on findings, requires the accomplishments 
of applicable corrective action(s) [i.e., repair].

    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-2016-
0457.

Related Service Information Under 1 CFR Part 51

    BAE Systems (Operations) Limited has issued Alert Service Bulletin 
J41-A57-029, Revision 3, dated April 8, 2014. The service information 
describes detailed inspections for cracks, corrosion, and other defects 
of the rear face of the wing rear spars.
    BAE Systems (Operations) Limited also has issued Subject 57-00-00, 
Wings General, of Chapter 57, Wings, of the Jetstream Series 4100 
Structural Repair Manual, Volume 1, Revision 32, dated October 15, 
2014. The service information describes procedures for doing certain 
wing repairs.
    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.

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

    We estimate that this proposed AD affects 15 airplanes of U.S. 
registry.
    We also estimate that it would take up to 25 work-hours per product 
to comply with the basic requirements of this proposed AD. The average 
labor rate is

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$85 per work-hour. Based on these figures, we estimate the cost of this 
proposed AD on U.S. operators to be up to $31,875, or up to $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 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) 
2012-11-15, Amendment 39-17079 (77 FR 36127, June 18, 2012), and adding 
the following new AD:

BAE Systems (Operations) Limited: Docket No. FAA-2016-0457; 
Directorate Identifier 2015-NM-084-AD.

(a) Comments Due Date

    We must receive comments by March 7, 2016.

(b) Affected ADs

    This AD replaces AD 2012-11-15, Amendment 39-17079 (77 FR 36127, 
June 18, 2012).

(c) Applicability

    This AD applies to BAE (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 new reports of cracking found in the 
wing rear spar and technical analysis results confirmed that the 
crack initiation and propagation are due to fatigue, with no 
indication of any other crack initiation mechanism (e.g., stress 
corrosion). We are issuing this AD to detect and correct cracking in 
the wing 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

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

(g) Repetitive Inspections and Repair

    Within 30 days after the effective date of this AD, or within 
1,600 flight cycles since the most recent detailed inspection was 
done as specified in BAE Systems Alert Service Bulletin J41-A57-029, 
whichever occurs later: 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, Revision 3, dated April 8, 2014. Repeat the 
inspection thereafter at intervals not to exceed 1,600 flight 
cycles.
    (1) If any cracking, corrosion, or other defect is found 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 32, dated October 15, 2014: Before further 
flight, repair the affected area, in accordance with the repair 
instructions of Subject 57-00-00, Wings General, of Chapter 57, 
Wings, of the Jetstream Series 4100 Structural Repair Manual, Volume 
1, Revision 32, dated October 15, 2014.
    (2) If any cracking, corrosion, or other defect is found 
exceeding 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 32, dated October 15, 2014: Before 
further flight, repair 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).

(h) Repair Does Not Constitute Terminating Action Except for Certain 
Repairs

    Accomplishment of a repair as required by paragraphs (g)(1) and 
(g)(2) of this AD, does not constitute terminating action for the 
repetitive inspections required by paragraph (g) of this AD, unless 
the approved repair required by paragraph (g)(2) of this AD states 
otherwise (e.g., the approved repair states the repair terminates 
the inspections for the repaired area only).

(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, 
WA 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) 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,

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the approval must include the DOA-authorized signature.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2015-0100, dated June 3, 2015, 
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-2016-0457.
    (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 January 13, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-01088 Filed 1-20-16; 8:45 am]
BILLING CODE 4910-13-P