[Federal Register Volume 83, Number 115 (Thursday, June 14, 2018)]
[Proposed Rules]
[Pages 27721-27724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12732]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0511; Product Identifier 2017-NM-145-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 a determination that

[[Page 27722]]

inspection requirements for a number of maintenance tasks are 
incorrect. This proposed AD would require a one-time detailed 
inspection of a certain fuselage frame and repair, if necessary, and a 
revision of the maintenance or inspection program, as applicable, to 
incorporate new or revised maintenance instructions and airworthiness 
limitations. We are proposing this AD to address the unsafe condition 
on these products.

DATES: We must receive comments on this proposed AD by July 30, 2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, 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 Standards Branch, 2200 South 216th 
St., Des Moines, WA. For information on the availability of this 
material at the FAA, call 206-231-3195.

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-2018-
0511; 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 NPRM, 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 Section, Transport Standards Branch, FAA, 2200 South 
216th St., Des Moines, WA 98198; telephone and fax 206-231-3228.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2018-0511; 
Product Identifier 2017-NM-145-AD'' at the beginning of your comments. 
We specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this NPRM. We will consider all 
comments received by the closing date and may amend this NPRM 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 NPRM.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2017-0187, dated September 22, 2017 (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:

    Maintenance instructions for BAE Jetstream 4100 aeroplanes, 
which are approved by EASA, are defined in BAE Systems (Operations) 
Ltd Jetstream 4100 Service Bulletin (SB) J41-51-001, which 
references certain Aircraft Maintenance Manual (AMM) tasks. These 
instructions have been identified as mandatory for continued 
airworthiness.
    Failure to accomplish these instructions could result in an 
unsafe condition.
    CAA UK [Civil Aviation Authority United Kingdom] issued AD 005-
02-2002 [which corresponds to FAA AD 2005-15-11, Amendment 39-14200 
(70 FR 43025, July 26, 2005) (``AD 2005-15-11'')] to require 
operators to comply with the inspection instructions as referenced 
in SB J41-51-001 at original issue.
    Since that [CAA UK] AD was issued, BAE Systems (Operations) Ltd 
have determined that the inspection requirements for a number of 
maintenance tasks are incorrect. Consequently, existing inspection 
items 52-20-013, 53-10-006, 53-10-025, 53-10-029 and 53-10-079 will 
be amended in Chapter 05 of the AMM. Compliance periods for these 
changes are given in BAE Systems (Operations) Ltd SB J41-51-001 (now 
at Revision 4) and BAE Systems (Operations) Ltd Alert SB J41-A53-
058. Those fatigue inspections detailed in SB J41-51-001, at 
Revision 3 or earlier, have now been incorporated into Chapter 05 of 
the AMM. To avoid duplication these tasks are deleted from SB J41-
51-001 at Revision 4.
    For the reason described above, this [EASA] AD retains the 
requirements of CAA UK AD 005-02-2002, which is superseded, and 
requires accomplishment of the actions specified in BAE Systems 
(Operations) Ltd Jetstream 4100 SB J41-51-001 Revision 4 and Alert 
SB J41-A53-058 (hereafter collectively referred to as `the SB' in 
this [EASA] AD).

    The actions include a one-time detailed inspection of fuselage 
frame 90 for cracking or fatigue damage and repair if necessary; and 
revising the maintenance or inspection program, as applicable, to 
incorporate new or revised maintenance instructions and airworthiness 
limitations. This proposed AD was prompted by a determination that it 
is possible for cracks in fuselage frame 90 to exceed the critical 
length for failure in less time than the current inspection interval; 
and a determination that inspection requirements for a number of 
maintenance tasks involving certain airworthiness limitations are 
incorrect. The unsafe condition is cracking in fuselage frame 90, which 
could cause it to fail and thereby compromise the structural integrity 
of the aircraft pressure hull; and fatigue damage of various airplane 
structures, which could result in reduced structural integrity 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-2018-
0511.

Relationship Between Proposed AD and AD 2005-15-11

    This NPRM would not supersede AD 2005-15-11. Rather, we have 
determined that a stand-alone AD would be more appropriate to address 
the changes in the MCAI. This NPRM would require a one-time detailed 
inspection of fuselage frame 90 for cracking or fatigue damage and 
revising the maintenance or inspection program, as applicable, to 
incorporate new or revised maintenance instructions and airworthiness 
limitations. Accomplishment of the proposed actions would then 
terminate all of the requirements of AD 2005-15-11.

Related Service Information Under 1 CFR Part 51

    BAE Systems (Operations) Limited has issued the following service 
information.
     Service Bulletin J41-51-001, Revision 4, dated July 11, 
2017. This service information describes new

[[Page 27723]]

inspections and revisions to existing inspection requirements and 
thresholds.
     Alert Service Bulletin J41-A53-058, dated December 6, 
2016. This service information describes procedures for a detailed 
inspection for cracking or fatigue damage of fuselage frame 90.
    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.
    This AD requires revisions to certain operator maintenance 
documents to include new actions (e.g., inspections). Compliance with 
these actions is required by 14 CFR 91.403(c). For airplanes that have 
been previously modified, altered, or repaired in the areas addressed 
by this proposed 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 for an alternative 
method of compliance according to paragraph (l)(1) of this proposed AD. 
The request should include a description of changes to the required 
actions that will ensure the continued damage tolerance of the affected 
structure.

Differences Between This Proposed AD and the MCAI or Service 
Information

    The MCAI specifies that if there are findings from the 
airworthiness limitations section (ALS) inspection tasks, corrective 
actions must be accomplished in accordance with Airbus maintenance 
documentation. However, this proposed AD does not include that 
requirement. Operators of U.S.-registered airplanes are required by 
general airworthiness and operational regulations to perform 
maintenance using methods that are acceptable to the FAA. We consider 
those methods to be adequate to address any corrective actions 
necessitated by the findings of ALS inspections required by this 
proposed AD.

Costs of Compliance

    We estimate that this proposed AD affects 4 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection.........................  2 work-hours x $85 per hour              $0            $170            $680
                                      = $170.
----------------------------------------------------------------------------------------------------------------

    We have determined that revising the maintenance or inspection 
program takes an average of 90 work-hours per operator, although we 
recognize that this number may vary from operator to operator. In the 
past, we have estimated that this action takes 1 work-hour per 
airplane. Since operators incorporate maintenance or inspection program 
changes for their affected fleet(s), we have determined that a per-
operator estimate is more accurate than a per-airplane estimate. 
Therefore, we estimate the total cost per operator to be $7,650 (90 
work-hours x $85 per work-hour).
    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this proposed 
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.
    This proposed AD is issued in accordance with authority delegated 
by the Executive Director, Aircraft Certification Service, as 
authorized by FAA Order 8000.51C. In accordance with that order, 
issuance of ADs is normally a function of the Compliance and 
Airworthiness Division, but during this transition period, the 
Executive Director has delegated the authority to issue ADs applicable 
to transport category airplanes to the Director of the System Oversight 
Division.

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.

[[Page 27724]]

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

BAE Systems (Operations) Limited: Docket No. FAA-2018-0511; Product 
Identifier 2017-NM-145-AD.

(a) Comments Due Date

    We must receive comments by July 30, 2018.

(b) Affected ADs

    This AD affects AD 2005-15-11, Amendment 39-14200 (70 FR 43025, 
July 26, 2005) (``AD 2005-15-11'').

(c) Applicability

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

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that it is possible for 
cracks in fuselage frame 90 to exceed the critical length for 
failure in less time than the current inspection interval; and a 
determination that inspection requirements for a number of 
maintenance tasks involving certain airworthiness limitations are 
incorrect. We are issuing this AD to address cracking in fuselage 
frame 90, which could cause it to fail and thereby compromise the 
structural integrity of the aircraft pressure hull. We are also 
issuing this AD to address fatigue damage of various airplane 
structures, which could result in reduced structural integrity of 
the airplane.

(f) Compliance

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

(g) Inspection

    At the compliance times specified in paragraphs (g)(1) and 
(g)(2) of this AD, as applicable: Do a detailed inspection of 
fuselage frame 90 for cracking or fatigue damage, in accordance with 
the Accomplishment Instructions of BAE Systems (Operations) Limited 
Alert Service Bulletin J41-A53-058, dated December 6, 2016. If any 
cracking or fatigue damage is found: Before further flight, repair 
using a method approved by the Manager, International Section, 
Transport Standards Branch, FAA; or the European Aviation Safety 
Agency (EASA); or BAE Systems (Operations) Limited's EASA Design 
Organization Approval (DOA).
    (1) For airplanes with 6,300 flight cycles or fewer since 
Structural Significant Items (SSI) 53-10-029 (Maintenance Planning 
Document (MPD) 531029-DVl-10010-1) was last accomplished: Within 
6,600 flight cycles after the last accomplishment of SSI 53-10-029 
(MPD 531029-DVl-10010-1), or within 6 months after the effective 
date of this AD, whichever is later.
    (2) For airplanes with more than 6,300 flight cycles since SSI 
53-10-029 (MPD 531029-DVl-10010-1) was last accomplished: Within 300 
flight cycles or 4.5 months, whichever is earlier, since the last 
accomplishment of SSI 53-10-029 (MPD 531029-DVl-10010-1), or within 
6 months after the effective date of this AD, whichever is later.

(h) Maintenance or Inspection Program Revisions

    Within 90 days after the effective date of this AD: Revise the 
maintenance or inspection program, as applicable, by incorporating 
the maintenance tasks and associated thresholds and intervals 
described in, and in accordance with, the Accomplishment 
Instructions of BAE Systems (Operations) Limited Service Bulletin 
J41-51-001, Revision 4, dated July 11, 2017, as applicable. The 
initial compliance times for new or revised tasks are at the 
applicable times specified in BAE Systems (Operations) Limited 
Service Bulletin J41-51-001, Revision 4, dated July 11, 2017, or 
within 6 months after the effective date of this AD, whichever is 
later.

(i) No Alternative Actions and Intervals

    After the maintenance or inspection program has been revised as 
required by paragraph (h) of this AD, no alternative actions (e.g., 
inspections) or intervals may be used unless the actions or 
intervals are approved as an alternative method of compliance (AMOC) 
in accordance with the procedures specified in paragraph (l)(1) of 
this AD.

(j) Terminating Action for Requirements of AD 2005-15-11

    Accomplishment of the actions required by paragraph (h) of this 
AD terminates all requirements of AD 2005-15-11.

(k) No Reporting Requirement

    Although the Accomplishment Instructions of BAE Systems 
(Operations) Limited Alert Service Bulletin J41-A53-058, dated 
December 6, 2016, specify to submit certain information to the 
manufacturer, this AD does not include that requirement.

(l) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Section, Transport Standards Branch, 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 Section, send it to the attention of 
the person identified in paragraph (m)(2) of this AD. 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.
    (2) Contacting the Manufacturer: 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 
Section, Transport Standards Branch, 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 AD 2017-0187, dated September 22, 2017, 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-2018-0511.
    (2) For more information about this AD, contact Todd Thompson, 
Aerospace Engineer, International Section, Transport Standards 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3228.
    (3) 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 Standards Branch, 2200 South 216th 
St., Des Moines, WA. For information on the availability of this 
material at the FAA, call 206-231-3195.

    Issued in Des Moines, Washington, on June 6, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-12732 Filed 6-13-18; 8:45 am]
 BILLING CODE 4910-13-P