[Federal Register Volume 88, Number 72 (Friday, April 14, 2023)]
[Proposed Rules]
[Pages 22920-22922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07826]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0929; Project Identifier MCAI-2022-01401-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 adopt a new airworthiness directive (AD) 
for all BAE Systems (Operations) Limited Model 4101 airplanes. This 
proposed AD was prompted by in-service cracking of the passenger door 
edge member, seal carrier, and inner skin, adjacent to the roller guide 
bracket. This proposed AD would require a one-time inspection of the 
external visible surface of the inner skin, door edge member, and seal 
carrier adjacent to the roller bracket attachment brackets; and the 
inner skin, door edge member, and seal carrier at the roller bracket 
attachment bore, and repair if necessary. 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 May 30, 
2023.

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 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.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-0929; 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.

Material Incorporated by Reference

     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]; website regional-services.com.
     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

[[Page 22921]]

availability of this material at the FAA, call 206-231-3195.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
Large Aircraft Section, FAA, International Validation Branch, 2200 
South 216th St., Des Moines, WA 98198; telephone 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-2023-0929; Project Identifier 
MCAI-2022-01401-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 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this NPRM.

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, FAA, 
International Validation Branch, 2200 South 216th St., Des Moines, WA 
98198; telephone 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.

Background

    The Civil Aviation Authority (CAA), which is the aviation authority 
for the United Kingdom (U.K.), has issued U.K. CAA AD G-2022-0019, 
dated October 31, 2022 (U.K. CAA AD G-2022-0019) (also referred to 
after this as the MCAI), to correct an unsafe condition on all BAE 
Systems (Operations) Limited Model 4101 airplanes. The MCAI states that 
in-service cracking occurred on the Jetstream 41 passenger door edge 
member, seal carrier, and inner skin, adjacent to the roller guide 
bracket. BAE Systems (Operations) Limited reviewed the fatigue test 
data and existing inspection requirements, and concluded a new 
inspection is needed to address this potential unsafe condition.
    The FAA is proposing this AD to address undetected cracking of the 
passenger door. The unsafe condition, if not addressed, could result in 
a partial failure of the door, hindering passenger evacuation during an 
emergency or possibly causing cabin pressurization problems during 
flight, requiring passengers and crew to don oxygen masks.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-0929.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed BAe JETSTREAM Series 4100 Service Bulletin, 
Revision 1, dated June 8, 2022. This service information specifies 
procedures for a one-time eddy current inspection of the external 
visible surface of the inner skin, door edge member, and seal carrier 
adjacent to the roller bracket attachment brackets for cracking; a one-
time eddy current inspection of the inner skin, door edge member, and 
seal carrier at the roller bracket attachment bores for cracking; and 
repair.
    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 
country, and is approved for operation in the United States. Pursuant 
to the FAA's bilateral agreement with this State of Design Authority, 
it has notified the FAA of the unsafe condition described in the MCAI 
and service information described above. The FAA is issuing this NPRM 
after determining that the unsafe condition described previously is 
likely to exist or develop on other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in the service information already described.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 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.
                          Labor cost                              Parts cost        product         operators
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2 work-hours x $85 per hour = Up to $170.....................              $0             $170           $2,040
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the 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.
    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.

[[Page 22922]]

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 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) Would not affect intrastate aviation in Alaska, and
    (3) Would 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 adding the following new airworthiness 
directive:

BAE Systems (Operations) Limited: Docket No. FAA-2023-0929; Project 
Identifier MCAI-2022-01401-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by May 30, 2023.

(b) Affected ADs

    None.

(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 52, Doors.

(e) Unsafe Condition

    This AD was prompted by in-service cracking of the passenger 
door edge member, seal carrier, and inner skin, adjacent to the 
roller guide bracket. The FAA is issuing this AD to address 
undetected cracking of the passenger door. The unsafe condition, if 
not addressed, could result in a partial failure of the passenger 
door, and consequent reduced structural integrity of the passenger 
door.

(f) Compliance

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

(g) Inspections

    At the applicable time specified in paragraph (g)(1) or (2) of 
this AD, accomplish an eddy current inspection of the external 
visible surface of the inner skin, door edge member, and seal 
carrier adjacent to the roller bracket attachment brackets for 
cracking; and an eddy current inspection of the inner skin, door 
edge member, and seal carrier at the roller bracket attachment bores 
for cracking, in accordance with paragraph 2.B. of the 
Accomplishment Instructions of BAe JETSTREAM Series 4100 Service 
Bulletin J41-52-065, Revision 1, dated June 8, 2022.
    (1) For airplanes that have accumulated 18,000 total flight 
cycles or fewer as of the effective date of this AD: Accomplish the 
inspections prior to the accumulation of 20,000 total flight cycles.
    (2) For airplanes that have accumulated more than 18,000 total 
flight cycles as of the effective date of this AD: Accomplish the 
inspections within 2,000 flight cycles after the effective date of 
this AD.

(h) Corrective Actions

    If, during any inspection required by paragraph (g) of this AD, 
any crack is detected: Before further flight, repair using a method 
approved by the Manager, International Validation Branch, FAA; or 
the United Kingdom Civil Aviation Authority (U.K. CAA); or BAE 
Systems (Operations) Limited's U.K. CAA's (DOA). If approved by the 
DOA, the approval must include the DOA-authorized signature

(i) No Reporting Requirement

    Although BAe JETSTREAM Series 4100 Service Bulletin J41-52-065, 
Revision 1, dated June 8, 2022, specifies to submit certain 
information to the manufacturer, this AD does not include that 
requirement.

(j) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
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 manager, 
International Validation Branch, mail it to the address identified 
in paragraph (k)(2) of this AD or email to: [email protected]. If mailing information, also submit information by 
email. 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, International 
Validation Branch, FAA; or the U.K. CAA; or BAE Systems (Operations) 
Limited's U.K. CAA's Design Organization Approval (DOA). If approved 
by the DOA, the approval must include the DOA-authorized signature.

(k) Additional Information

    (1) Refer to U.K. CAA G-2022-0019, dated October 31, 2022, for 
related information. This U.K. CAA AD may be found in the AD docket 
at regulations.gov under Docket No. FAA-2023-0929.
    (2) For more information about this AD, contact Todd Thompson, 
Aerospace Engineer, Large Aircraft Section, FAA, International 
Validation Branch, 2200 South 216th St., Des Moines, WA 98198; 
telephone 206-231-3228; email [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) BAe JETSTREAM Series 4100 Service Bulletin J41-52-065, 
Revision 1, dated June 8, 2022.
    (ii) [Reserved]
    (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]; website regional-services.com.
    (4) 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.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on April 8, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.

[FR Doc. 2023-07826 Filed 4-13-23; 8:45 am]
BILLING CODE 4910-13-P