[Federal Register Volume 87, Number 76 (Wednesday, April 20, 2022)]
[Proposed Rules]
[Pages 23474-23477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08411]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0461; Project Identifier MCAI-2021-01156-T]
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: The FAA proposes to supersede Airworthiness Directive (AD) 
2008-16-06, which applies to all BAE Systems (Operations) Limited Model 
4101 airplanes. AD 2008-16-06 requires the installation of additional 
bonding leads, inspection of existing bonding leads for defects, 
inspection of fuel system pipe runs in the wings to ensure appropriate 
clearances are maintained, and corrective actions. Since the FAA issued 
AD 2008-16-06, a safety analysis by BAE Systems (Operations) Limited 
identified insufficient bonding for the crossfeed valve in the fuel 
tank area. This proposed AD would continue to require the actions in AD 
2008-16-06, and add a requirement to install additional bonding leads 
around the crossfeed valve and accomplish a resistance check. The FAA 
is proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by June 6, 
2022.

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 https://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.

[[Page 23475]]

    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 https://www.baesystems.com/Businesses/RegionalAircraft/index.htm. You may view this service 
information at the FAA, Airworthiness Products Section, Operational 
Safety 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 https://www.regulations.gov by searching for and locating Docket No. FAA-2022-
0461; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this NPRM, the mandatory continuing airworthiness information (MCAI), 
any comments received, and other information. The street address for 
Docket Operations is listed above. Comments will be available in the AD 
docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
Large Aircraft Section, International Validation Branch, FAA, 2200 
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3228; 
email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2022-0461; Project Identifier 
MCAI-2021-01156-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this proposed AD.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to Todd 
Thompson, Aerospace Engineer, Large Aircraft Section, International 
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; 
telephone and fax 206-231-3228; email [email protected]. Any 
commentary that the FAA receives which is not specifically designated 
as CBI will be placed in the public docket for this rulemaking.

Discussion

    The FAA issued AD 2008-16-06, Amendment 39-15624 (73 FR 45346, 
August 5, 2008) (AD 2008-16-06), for all BAE Systems (Operations) 
Limited Model 4101 airplanes. AD 2008-16-06 requires the installation 
of additional bonding leads, inspection of existing bonding leads for 
defects, inspection of fuel system pipe runs in the wings to ensure 
appropriate clearances are maintained, and corrective actions. 
Corrective actions include replacing any defective bonding leads and 
adjusting clearances of the fuel system pipe runs. AD 2008-16-06 
resulted from a Special Federal Aviation Regulation 88 (SFAR 88) and 
equivalent Joint Aviation Authorities/European Aviation Safety Agency 
(JAA/EASA) policy assessment of fuel tank wiring installations in which 
BAE Systems (Operations) Limited identified the need for design changes 
to the bonding in the fuel tank area of Model 4101 airplanes. The FAA 
issued AD 2008-16-06 to address insufficient or defective bonding in 
the fuel tank area, which, if not corrected, could lead to ignition of 
fuel vapors and subsequent fuel tank explosion.

Actions Since AD 2008-16-06 Was Issued

    Since the FAA issued AD 2008-16-06, a safety analysis by BAE 
Systems (Operations) Limited identified insufficient bonding for the 
crossfeed valve in the fuel tank, and determined that installing 
additional bonding leads around the crossfeed valve and a resistance 
check are required.
    The Civil Aviation Authority (CAA), which is the aviation authority 
for the United Kingdom, has issued CAA AD G-2021-0013, dated October 
21, 2021 (also referred to as the MCAI), to correct an unsafe condition 
for all BAE Systems (Operations) Limited Model 4101 airplanes. You may 
examine the MCAI in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2022-
0461.
    This proposed AD was prompted by a report that there is 
insufficient bonding of the crossfeed valve in the fuel tank area. The 
FAA is proposing this AD to address insufficient or defective bonding 
in the fuel tank area, which, if not corrected, could lead to ignition 
of fuel vapors and subsequent fuel tank explosion. See the MCAI for 
additional background information.

Related Service Information Under 1 CFR Part 51

    BAE Systems (Operations) Limited has issued Service Bulletin J41-
28-013, Revision 2, dated July 8, 2019. This service information 
describes procedures for installation of additional bonding leads on 
components within the dry bay at Rib 1 on the airplane centerline and 
below the fuselage (around the crossfeed valve), a resistance check, an 
inspection of existing bonding leads for defects, an inspection for 
clearance of all fuel system pipe runs in the wings, and corrective 
actions, as necessary. Corrective actions include replacing any 
defective bonding leads and adjusting clearances of the fuel system 
pipe runs.
    This proposed AD would also require BAE Systems (Operations) 
Limited Service Bulletin J41-28-013, Revision 1, dated January 10, 
2008, which the Director of the Federal Register approved for 
incorporation by reference as of September 9, 2008 (73 FR 45346, August 
5, 2008).
    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

    This product has been approved by the aviation authority of another

[[Page 23476]]

country, and is approved for operation in the United States. Pursuant 
to the FAA's bilateral agreement with the State of Design Authority, 
the FAA has been notified of the unsafe condition described in the MCAI 
and service information referenced above. The FAA is proposing this AD 
because the FAA evaluated all the relevant information and determined 
the unsafe condition described previously is likely to exist or develop 
on other products of the same type design.

Proposed Requirements of This NPRM

    This proposed AD would retain all requirements of AD 2008-16-06. 
This proposed AD would also require accomplishing the actions specified 
in the service information described previously.

Costs of Compliance

    The FAA estimates that this proposed AD affects 12 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                      Estimated Costs for Required Actions
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                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
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Retained actions from AD 2008-16-06...  80 work-hours x $85 per           $1,700          $8,500        $102,000
                                         hour = $6,800.
New proposed actions..................  2 work-hours x $85 per             1,700           1,870          22,440
                                         hour = $170.
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                 Estimated Costs of On-Condition Actions
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                                                             Cost per
              Labor cost                   Parts cost        product
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1 work-hour x $85 per hour = $85......              $0              $85
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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.
    The FAA is 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

    The FAA has 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) Will not affect intrastate aviation in Alaska, 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.

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:
0
a. Removing Airworthiness Directive (AD) 2008-16-06, Amendment 39-15624 
(73 FR 45346, August 5, 2008); and
0
b. Adding the following new AD:

BAE Systems (Operations) Limited: Docket No. FAA-2022-0461; Project 
Identifier MCAI-2021-01156-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by June 6, 2022.

(b) Affected ADs

    This AD replaces AD 2008-16-06, Amendment 39-15624 (73 FR 45346, 
August 5, 2008) (AD 2008-16-06).

(c) Applicability

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

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Reason

    This AD was prompted by a report that there is insufficient 
bonding of the crossfeed valve in the fuel tank area. The FAA is 
issuing this AD to address insufficient or defective bonding in the 
fuel tank area, which, if not corrected, could lead to ignition of 
fuel vapors and subsequent fuel tank explosion.

(f) Compliance

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

(g) Retained Actions, With Revised Service Information

    This paragraph restates the requirements of paragraph (f) of AD 
2008-16-06, with revised service information. Within 24 months after 
September 9, 2008 (the effective date of AD 2008-16-06), unless 
already done, do the actions specified in paragraphs (g)(1) through 
(3) of this AD.
    (1) Inspect the bonding leads between ribs 1 and 9, and between 
ribs 16 and 19, in the left-hand (LH) and right-hand (RH) wings in 
accordance with paragraph 2.B.(2) of the Accomplishment Instructions 
of BAE Systems (Operations) Limited Service Bulletin J41-28-013, 
Revision 1, dated January 10, 2008; or BAE Systems (Operations) 
Limited Service Bulletin J41-28-013, Revision 2, dated July 8, 2019; 
and, before next flight, replace all defective bonding leads with 
airworthy parts in accordance with BAE Systems (Operations) Limited 
Service Bulletin J41-28-013,

[[Page 23477]]

Revision 1, dated January 10, 2008; or BAE Systems (Operations) 
Limited Service Bulletin J41-28-013, Revision 2, dated July 8, 2019. 
As of the effective date of this AD, BAE Systems (Operations) 
Limited Service Bulletin J41-28-013, Revision 2, dated July 8, 2019, 
must be used for the actions required by this paragraph.
    (2) Inspect all fuel system pipe runs inside the LH and RH wings 
in accordance with paragraph 2.B.(3) of the Accomplishment 
Instructions of BAE Systems (Operations) Limited Service Bulletin 
J41-28-013, Revision 1, dated January 10, 2008; or BAE Systems 
(Operations) Limited Service Bulletin J41-28-013, Revision 2, dated 
July 8, 2019; and, if incorrect clearances are found, before next 
flight, adjust clearances in accordance with BAE Systems 
(Operations) Limited Service Bulletin J41-28-013, Revision 1, dated 
January 10, 2008; or BAE Systems (Operations) Limited Service 
Bulletin J41-28-013, Revision 2, dated July 8, 2019. As of the 
effective date of this AD, BAE Systems (Operations) Limited Service 
Bulletin J41-28-013, Revision 2, dated July 8, 2019, must be used 
for the actions required by this paragraph.
    (3) Install additional electrical bonding of components within 
the LH and RH wings in accordance with paragraphs 2.B.(4) through 
2.B.(15) of the Accomplishment Instructions of BAE Systems 
(Operations) Limited Service Bulletin J41-28-013, Revision 1, dated 
January 10, 2008; or paragraphs 2.B.(4) and 2.B.(6) through 2.B.(16) 
inclusive of BAE Systems (Operations) Limited Service Bulletin J41-
28-013, Revision 2, dated July 8, 2019. As of the effective date of 
this AD, BAE Systems (Operations) Limited Service Bulletin J41-28-
013, Revision 2, dated July 8, 2019, must be used for the actions 
required by this paragraph.

(h) New Requirement of This AD: Replace Bolts and Washers Securing 
Crossfeed Valve

    Within 24 months after the effective date of this AD, install 
additional bonding leads on components within the dry bay at Rib 1 
on the airplane centerline and below the fuselage (around the 
crossfeed valve) and perform a resistance check in accordance with 
paragraph 2.B.(5) of BAE Systems (Operations) Limited Service 
Bulletin J41-28-013, Revision 2, dated July 8, 2019.

(i) Other FAA AD Provisions

    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Large Aircraft Section, International Validation 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 responsible Flight 
Standards Office, as appropriate. If sending information directly to 
the Large Aircraft Section, International Validation Branch, send it 
to the attention of the person identified in paragraph (j)(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 
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, Large Aircraft 
Section, International Validation Branch, FAA; or the Civil Aviation 
Authority (CAA); or BAE Systems (Operations) Limited's CAA Design 
Organization Approval (DOA). If approved by the DOA, the approval 
must include the DOA-authorized signature.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) CAA AD G-2021-0013, dated October 21, 2021, for related 
information. This MCAI may be found in the AD docket on the internet 
at https://www.regulations.gov by searching for and locating Docket 
No. FAA-2022-0461.
    (2) For more information about this AD, contact Todd Thompson, 
Aerospace Engineer, Large Aircraft Section, International Validation 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3228; email [email protected].
    (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 https://www.baesystems.com/Businesses/RegionalAircraft/index.htm. You may view this service 
information at the FAA, Airworthiness Products Section, Operational 
Safety Branch, 2200 South 216th St., Des Moines, WA. For information 
on the availability of this material at the FAA, call 206-231-3195.

    Issued on April 14, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-08411 Filed 4-19-22; 8:45 am]
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