[Federal Register Volume 90, Number 155 (Thursday, August 14, 2025)]
[Rules and Regulations]
[Pages 39093-39102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-15479]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2025-0339; Project Identifier MCAI-2024-00450-T;
Amendment 39-23101; AD 2025-16-03]
RIN 2120-AA64
Airworthiness Directives; BAE Systems (Operations) Limited
Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2023-02-
06, which applied to all BAE Systems (Operations) Limited Model 4101
airplanes. AD 2023-02-06 required revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations. Since the FAA issued AD 2023-02-
06, new or more restrictive airworthiness limitations have been
developed. This AD continues to require certain actions in AD 2023-02-
06 and requires revising the existing maintenance or inspection
program, as applicable to incorporate new or more restrictive
airworthiness limitations. The FAA is issuing this AD to address the
unsafe condition on these products.
DATES: This AD is effective September 18, 2025.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September
18, 2025.
The Director of the Federal Register approved the incorporation by
reference of certain other publications listed in this AD as of March
14, 2023 (88 FR 7851, February 7, 2023).
ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2025-0339; 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 final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
Material Incorporated by Reference:
For BAE Systems (Operations) Limited material 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 baesystems.com/en/our-company/our-businesses/regional-aircraft/about-us.
You may view this material 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. It is also available at regulations.gov under
Docket No. FAA-2025-0339.
FOR FURTHER INFORMATION CONTACT: Steven Dzierzynski, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone: 516-228-7300; email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2023-02-06, Amendment 39-22313 (88 FR 7851,
February 7, 2023) (AD 2023-02-06). AD 2023-02-06 applied to all BAE
Systems (Operations) Limited Model 4101 airplanes. AD 2023-02-06
required revising the existing maintenance or inspection program, as
applicable, to incorporate new or more restrictive airworthiness
limitations. The FAA issued AD 2023-02-06 to address fatigue damage of
various airplane structures and failure of certain structurally
significant items, which could result in reduced structural integrity
of the airplane. The FAA also issued AD 2023-02-06 to address fuel
vapor ignition sources, which could result in a fuel tank explosion and
consequent loss of the airplane.
The NPRM was published in the Federal Register on March 25, 2025
(90 FR 13561). The NPRM was prompted by AD G-2024-0003, dated August 6,
2024; corrected August 14, 2024, issued by the Civil Aviation Authority
(CAA), which is the aviation authority for the United Kingdom (UK) (UK
CAA AD G-2024-0003) (also referred to as the MCAI). The MCAI states new
or more restrictive airworthiness limitations have been developed.
In the NPRM, the FAA proposed to continue to require certain
actions in AD 2023-02-06. In the NPRM, the FAA also proposed to require
revising the existing maintenance or inspection program, as applicable,
to incorporate new or more restrictive airworthiness limitations. The
FAA is issuing this AD to address fatigue damage of various airplane
structures and failure of certain structurally significant items, which
could result in reduced structural integrity of the airplane. The FAA
is also issuing this AD to address fuel vapor ignition sources, which
could result in a fuel tank explosion and consequent loss of airplane.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2025-0339.
Discussion of Final Airworthiness Directive Comments
The FAA received no comments on the NPRM or on the determination of
the cost to the public.
Conclusion
These products have been approved by the civil aviation authority
of another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with this State of Design
Authority, that authority has notified the FAA of the unsafe condition
described in the MCAI referenced above. The FAA reviewed the relevant
data, considered any comments received, and determined that air safety
requires adopting this AD as proposed. Accordingly, the FAA is issuing
this AD to address the unsafe condition on these products. Except for
minor editorial changes, this AD is adopted as proposed in the NPRM.
None of the changes will increase the economic burden on any operator.
Material Incorporated by Reference Under 1 CFR Part 51
The FAA reviewed Subject 05-10-10, ``Airworthiness Limitations,''
of Chapter 05, ``Airworthiness Limitations,'' of BAE Systems
(Operations) Limited J41 Aircraft Maintenance Manual (AMM), Revision
46, dated February 20, 2024. This material specifies procedures for
airworthiness limitations for life-limited parts and structurally
significant items.
This AD also requires Chapter 05, ``Airworthiness Limitations,'' of
BAE Systems (Operations) Limited J41 Aircraft Maintenance Manual (AMM),
Effectivity Group 403, Revision 44, dated June 15, 2021; and Chapter
05, ``Airworthiness Limitations,'' of BAE Systems (Operations) Limited
J41 AMM,
[[Page 39094]]
Effectivity Group 408, Revision 44, dated June 15, 2021; which the
Director of the Federal Register approved for incorporation by
reference as of March 14, 2023 (88 FR 7851, February 7, 2023).
``Effectivity Group'' is not specifically stated on these documents.
However, ``403'' and ``408,'' which are stated on the pages of the
applicable documents (except for the title pages), refer to the
effective groups of airplanes specified within the fleet code listings.
This material 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.
Other Related Material
The FAA also reviewed Subject 05-10-20, ``Certification Maintenance
Requirements,'' of Chapter 05, ``Airworthiness Limitations,'' and
Subject 05-10-30, ``Critical Design Configuration Control Limitations
(CDCCL)--Fuel System,'' of Chapter 05, ``Airworthiness Limitations,''
of BAE Systems (Operations) Limited J41 Aircraft Maintenance Manual
(AMM), Revision 45, dated December 15, 2023. This material specifies
airworthiness limitations for certification maintenance requirements
and fuel tank systems, which are specified in appendices A and B of
this AD.
Costs of Compliance
The FAA estimates that this AD affects 4 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
The FAA estimates the total cost per operator for the retained
actions from AD 2023-02-06 to be $7,650 (90 work-hours x $85 per work-
hour).
The FAA has determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although the
agency recognizes that this number may vary from operator to operator.
Since operators incorporate maintenance or inspection program changes
for their affected fleet(s), the FAA has determined that a per-operator
estimate is more accurate than a per-airplane estimate. Therefore, the
agency estimates the average total cost per operator to be $7,650 (90
work-hours x $85 per work-hour).
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
This AD will not have federalism implications under Executive Order
13132. This AD will 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 that this AD:
(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 Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 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) 2023-02-06, Amendment 39-22313
(88 FR 7851, February 7, 2023); and
0
b. Adding the following new AD:
2025-16-03 BAE Systems (Operations) Limited: Amendment 39-23101;
Docket No. FAA-2025-0339; Project Identifier MCAI-2024-00450-T.
(a) Effective Date
This airworthiness directive (AD) is effective September 18,
2025.
(b) Affected ADs
This AD replaces AD 2023-02-06, Amendment 39-22313 (88 FR 7851,
February 7, 2023) (AD 2023-02-06).
(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, Time Limits/
Maintenance Checks.
(e) Unsafe Condition
This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address fatigue damage of various airplane
structures and failure of certain structurally significant items,
which could result in reduced structural integrity of the airplane.
The FAA is also issuing this AD to address 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 Revision of the Existing Maintenance or Inspection
Program, With a Terminating Action
This paragraph restates the requirements of paragraph (m) of AD
2023-02-06, with a new terminating action. Within 90 days after
March 14, 2023 (the effective date of AD 2023-02-06): Revise the
existing 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 Aircraft Maintenance Manual (AMM),
Effectivity Group 403, Revision 44, dated June 15, 2021; or BAE
Systems (Operations) Limited J41 AMM, Effectivity Group 408,
Revision 44, dated June 15, 2021; as applicable. The initial
compliance times for the tasks are at the applicable times specified
in paragraphs (g)(1) through (3) of this AD. Accomplishing the
revision of the existing maintenance or inspection program 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 J41 AMM, Effectivity Group 403, Revision 44, dated June 15,
2021; or BAE Systems (Operations) Limited J41 AMM, Effectivity Group
408, Revision 44, dated June 15, 2021; as applicable: Prior to the
applicable flight cycles (landings) or flight hours (flying hours)
on the part specified in the
[[Page 39095]]
``Mandatory Life Limits'' column in Subject 05-10-10, or within 90
days after March 14, 2023, 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, Effectivity Group 403, Revision 44, dated June 15,
2021; or BAE Systems (Operations) Limited J41 AMM, Effectivity Group
408, Revision 44, dated June 15, 2021; as applicable: 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 March 14, 2023, 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, Effectivity Group 403, Revision 44,
dated June 15, 2021; or BAE Systems (Operations) Limited J41 AMM,
Effectivity Group 408, Revision 44, dated June 15, 2021; as
applicable: 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 March 14, 2023, 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
accomplishing the revision required by paragraph (g) of this AD, or
within 90 days after March 14, 2023, whichever occurs later.
(h) Retained No Alternative Actions, Intervals, or CDCCLs, With New
Exception
This paragraph restates the requirements of paragraph (n) of AD
2023-02-06, with a new exception. Except as required by paragraph
(i) of this AD: After the existing maintenance or inspection program
has been revised as required by paragraph (g) of this AD, no
alternative actions (e.g., inspections), intervals, or CDCCLs may be
used unless the actions, intervals, and CDCCLs are approved as an
AMOC in accordance with the procedures specified in paragraph (k)(1)
of this AD.
(i) New Revision of the Existing Maintenance or Inspection Program
Within 90 days after the effective date of this AD, revise the
existing maintenance or inspection program, as applicable, as
specified in paragraphs (i)(1) and (2) of this AD. Accomplishing the
revision of the existing maintenance or inspection program required
by this paragraph terminates the actions required by paragraph (g)
of this AD.
(1) Revise the existing maintenance or inspection program, as
applicable, to incorporate the information specified in Subject 05-
10-10, ``Airworthiness Limitations,'' of Chapter 05, ``Airworthiness
Limitations,'' of BAE Systems (Operations) Limited J41 AMM, Revision
46, dated February 20, 2024. The initial compliance time for doing
the tasks is at the applicable times specified in paragraphs
(i)(1)(i) and (ii) of this AD.
(i) For replacement tasks of life limited parts specified in
Subject 05-10-10, ``Airworthiness Limitations,'' of Chapter 05,
``Airworthiness Limitations,'' of BAE Systems (Operations) Limited
J41 AMM, Revision 46, dated February 20, 2024: 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.
(ii) For structurally significant item tasks specified in
Subject 05-10-10, ``Airworthiness Limitations,'' of Chapter 05,
``Airworthiness Limitations,'' of BAE Systems (Operations) Limited
J41 AMM, Revision 46, dated February 20, 2024: Prior to the
accumulation of the applicable flight cycles (flights) or years
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.
(2) Revise the existing maintenance or inspection program, as
applicable, to incorporate the information in appendix A to this
AD--Subject 05-10-20, ``Certification Maintenance Requirements,''
and in appendix B to this AD--Subject 05-10-30, ``Critical Design
Configuration Control Limitations (CDCCL)--Fuel System.'' The
initial compliance time for doing the certification maintenance
requirements tasks specified in Subject 05-10-20, ``Certification
Maintenance Requirements'' (appendix A) is 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 accomplishing the revision
required by paragraph (i) of this AD, or within 90 days after the
effective date of this AD, whichever occurs later.
(j) New No Alternative Actions, Intervals, or CDCCLs
After the existing maintenance or inspection program has been
revised as required by paragraph (i) of this AD, no alternative
actions (e.g., inspections), intervals, or CDCCLs may be used unless
the actions, intervals, and CDCCLs are approved as an alternative
method of compliance (AMOC) in accordance with the procedures
specified in paragraph (k)(1) of this AD.
(k) 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 of the
International Validation Branch, send it to the attention of the
person identified in paragraph (l) of this AD and email 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, International
Validation Branch, FAA; or the UK CAA; or BAE Systems (Operations)
Limited's UK CAA Design Organization Approval (DOA). If approved by
the DOA, the approval must include the DOA-authorized signature.
(l) Additional Information
For more information about this AD, contact Steven Dzierzynski,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: 516-228-7300; email: [email protected].
(m) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the material listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this material as applicable to do the actions
required by this AD, unless this AD specifies otherwise.
(3) The following material was approved for IBR on September 18,
2025.
(i) Subject 05-10-10, ``Airworthiness Limitations,'' of Chapter
05, ``Airworthiness Limitations,'' of BAE Systems (Operations)
Limited J41 Aircraft Maintenance Manual (AMM), Revision 46, dated
February 20, 2024.
(ii) [Reserved]
(4) The following material was approved for IBR on March 14,
2023 (88 FR 7851, February 7, 2023).
(i) Chapter 05, ``Airworthiness Limitations,'' of BAE Systems
(Operations) Limited J41 AMM, Effectivity Group 403, Revision 44,
dated June 15, 2021.
Note 1 to paragraph (m)(4)(i): This note applies to paragraphs
(m)(4)(i) and (ii) of this AD. Page 1 of the ``Publications
Transmittal'' is the only page that shows the revision level of this
document.
Note 2 to paragraph (m)(4)(i): This note applies to paragraphs
(m)(4)(i) and (ii) of this AD. ``Effectivity Group'' is not
specifically stated on the document. However, ``403'' and ``408,''
which are stated on the pages of the applicable documents (except
for the title pages), refer to the effective groups of airplanes
specified within the fleet code listings.
(ii) Chapter 05, ``Airworthiness Limitations,'' of BAE Systems
(Operations) Limited J41 AMM, Effectivity Group 408, Revision 44,
dated June 15, 2021.
(5) For BAE Systems (Operations) Limited material 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
baesystems.com/en/our-company/our-businesses/regional-aircraft/about-us.
(6) You may view this material at the FAA, Airworthiness
Products Section, Operational
[[Page 39096]]
Safety Branch, 2200 South 216th St., Des Moines, WA. For information
on the availability of this material at the FAA, call 206-231-3195.
(7) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].
BILLING CODE 4910-13-P
Appendix A to AD 2025-16-03--Subject 05-10-20, ``Certification
Maintenance Requirements''
[GRAPHIC] [TIFF OMITTED] TR14AU25.000
[[Page 39097]]
[GRAPHIC] [TIFF OMITTED] TR14AU25.001
[[Page 39098]]
[GRAPHIC] [TIFF OMITTED] TR14AU25.002
[[Page 39099]]
[GRAPHIC] [TIFF OMITTED] TR14AU25.003
[[Page 39100]]
[GRAPHIC] [TIFF OMITTED] TR14AU25.004
Source: Chapter 05, ``Airworthiness Limitations,'' of the BAE
Systems (Operations) Limited J41 AMM.
[[Page 39101]]
Appendix B to AD 2025-16-03--Subject 05-10-30, ``Critical Design
Configuration Control Limitations (CDCCL)--Fuel System''
[GRAPHIC] [TIFF OMITTED] TR14AU25.005
[[Page 39102]]
[GRAPHIC] [TIFF OMITTED] TR14AU25.006
Source: Chapter 05, ``Airworthiness Limitations,'' of the BAE
Systems (Operations) Limited J41 AMM.
Issued on August 4, 2025.
Steven W. Thompson,
Acting Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2025-15479 Filed 8-13-25; 8:45 am]
BILLING CODE 4910-13-C