[Federal Register: May 7, 2004 (Volume 69, Number 89)]
[Proposed Rules]
[Page 25521-25523]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07my04-19]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2003-NM-228-AD]
RIN 2120-AA64
Airworthiness Directives; BAE Systems (Operations) Limited
(Jetstream) Model 4101 Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes the adoption of a new airworthiness
directive (AD) that is applicable to all BAE Systems (Operations)
Limited (Jetstream) Model 4101 airplanes. This proposal would require a
one-time inspection of the ailerons to determine if certain actions
were accomplished previously, and related investigative and corrective
actions if necessary. This action is necessary to prevent damage to the
rear spar rib-to-rib attachment cleats and the aft rib elements of the
fixed tabs of the ailerons. Such damage could lead to reduced
structural integrity and consequent failure of the ailerons, which
could result in reduced controllability of the airplane. This action is
intended to address the identified unsafe condition.
DATES: Comments must be received by June 7, 2004.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2003-NM-228-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. Comments may be submitted via fax to (425) 227-1232.
Comments may also be sent via the Internet using the following address:
9-anm-nprmcomment@faa.gov. Comments sent via fax or the Internet must
contain ``Docket No. 2003-NM-228-AD'' in the subject line and need not
be submitted in triplicate. Comments sent via the Internet as attached
electronic files must be formatted in Microsoft Word 97 for Windows or
ASCII text.
The service information referenced in the proposed rule may be
obtained from British Aerospace Regional Aircraft American Support,
13850 Mclearen Road, Herndon, Virginia 20171. This information may be
examined at the FAA, Transport Airplane Directorate, 1601 Lind Avenue,
SW., Renton, Washington.
FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-1175; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the making of the
proposed rule by submitting such written data, views, or arguments as
they may desire. Communications shall identify the Rules Docket number
and be submitted in triplicate to the address specified above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this action may be changed in
light of the comments received.
[[Page 25522]]
Submit comments using the following format:
Organize comments issue-by-issue. For example, discuss a
request to change the compliance time and a request to change the
service bulletin reference as two separate issues.
For each issue, state what specific change to the proposed
AD is being requested.
Include justification (e.g., reasons or data) for each
request.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed rule. All
comments submitted will be available, both before and after the closing
date for comments, in the Rules Docket for examination by interested
persons. A report summarizing each FAA-public contact concerned with
the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this action must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 2003-NM-228-AD.'' The postcard will be date stamped
and returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules
Docket No. 2003-NM-228-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
The Civil Aviation Authority (CAA), which is the airworthiness
authority for the United Kingdom, notified the FAA that an unsafe
condition may exist on all BAE Systems (Operations) Limited (Jetstream)
Model 4101 airplanes. The CAA advises that during a scheduled fatigue
inspection of the ailerons, an operator found damage to the rear spar
rib-to-rib attachment cleats, and the aft rib elements of the fixed
tabs. Investigation revealed that the damage was caused by
accomplishment of an early production change to the ailerons during
manufacture. Such damage could lead to reduced structural integrity and
consequent failure of the ailerons, which could result in reduced
controllability of the airplane.
Explanation of Relevant Service Information
BAE Systems (Operations) Limited has issued Service Bulletin J41-
57-028, dated June 27, 2003, which is written in two parts. Part 1 of
the service bulletin describes the following procedures:
Reviewing the airplane maintenance records to determine if
Supplemental Structural Inspection 57-50-011 (included in the airplane
maintenance manual), or the actions specified in BAE Systems
(Operations) Limited Service Bulletin J41-51-001, dated August 7, 2002,
were previously accomplished.
Inspecting the ailerons by looking at the rib positions to
determine if an early production change was installed.
For airplanes on which the early production change was
installed, doing a radiographic inspection for signs of damage,
including distortion of the rear spar rib-to-rib attachment cleats in
the ailerons, and the rib elements and cleats in the fixed tabs.
Part 2 of the service bulletin describes related investigative and
corrective actions for airplanes with signs of damage, and/or with the
early production change installed. These actions include:
Removing the ailerons from the airplane.
Inspecting the ribs and cleats for damage or incorrect
installation, and reporting any adverse findings to BAE before
repairing the airplane.
Repairing/replacing damaged areas and parts per Revision C
of repair drawing 141R0212, the structural repair manual, and the
maintenance manual.
Reinstalling the ailerons on the airplane.
Doing a functional check.
Accomplishment of the actions specified in the service information
is intended to adequately address the identified unsafe condition. The
CAA classified this service bulletin as mandatory and issued British
airworthiness directive 006-06-2003 in order to assure the continued
airworthiness of these airplanes in the United Kingdom.
FAA's Conclusions
This airplane model is manufactured in the United Kingdom and is
type certificated for operation in the United States under the
provisions of section 21.29 of the Federal Aviation Regulations (14 CFR
21.29) and the applicable bilateral airworthiness agreement. Pursuant
to this bilateral airworthiness agreement, the CAA has kept the FAA
informed of the situation described above. The FAA has examined the
findings of the CAA, reviewed all available information, and determined
that AD action is necessary for products of this type design that are
certificated for operation in the United States.
Explanation of Requirements of Proposed AD
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design registered
in the United States, the proposed AD would require accomplishment of
the actions specified in the service bulletin described previously,
except as discussed below.
Differences Between the Service Information and Proposed AD
Operators should note that, although the service bulletin describes
procedures for submitting certain reports to the manufacturer, this
proposed AD would not require such reporting.
Although the service bulletin specifies that operators should
contact the manufacturer for disposition of certain repair conditions,
this proposed AD would require operators to repair those conditions per
the service bulletin, or a method approved by either the FAA or the CAA
(or its delegated agent). In light of the type of repair that would be
required to address the unsafe condition, and consistent with existing
bilateral airworthiness agreements, we have determined that a repair
approved by either the FAA or the CAA (or its delegated agent) would be
acceptable for compliance with this proposed AD.
Cost Impact
We estimate that 57 airplanes of U.S. registry would be affected by
this proposed AD, that it would take approximately 2 work hours per
airplane to accomplish the proposed actions, and that the average labor
rate is $65 per work hour. Based on these figures, the cost impact of
the proposed AD on U.S. operators is estimated to be $7,410, or $130
per airplane.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the proposed requirements of
this AD action, and that no operator would accomplish those actions in
the future if this AD were not adopted. The cost impact figures
discussed in AD rulemaking actions represent only the time necessary to
perform the specific actions actually required by the AD. These figures
typically do not include incidental costs, such as the time required to
gain access and close up, planning time, or time necessitated by other
administrative actions.
Regulatory Impact
The regulations proposed herein would not have a substantial direct
effect on the States, on the relationship between the national
Government and
[[Page 25523]]
the States, or on the distribution of power and responsibilities among
the various levels of government. Therefore, it is determined that this
proposal would not have federalism implications under Executive Order
13132.
For the reasons discussed above, I certify that 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);
and (3) if promulgated, 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. A copy of the draft
regulatory evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting the Rules
Docket at the location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
part 39 of the Federal Aviation Regulations (14 CFR part 39) as
follows:
PART 39--AIRWORTHINESS DIRECTIVES
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]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
BAE Systems (Operations) Limited (Formerly British Aerospace
Regional Aircraft): Docket 2003-NM-228-AD.
Applicability: All Model Jetstream 4101 airplanes, certificated
in any category.
Compliance: Required as indicated, unless accomplished
previously.
To prevent failure of the ailerons, and consequent reduced
controllability of the airplane, accomplish the following:
One-Time Inspection
(a) Within 6 months or 600 flight cycles after the effective
date of this AD, whichever is earlier: Do a one-time general visual
inspection of the ailerons to determine if an early production
change to the ailerons was installed, by doing all the actions per
Part 1, paragraph (2) of the Accomplishment Instructions of BAE
(Operations) Limited Service Bulletin J41-57-028, dated June 27,
2003. Instead of a general visual inspection of the ailerons, a
review of airplane maintenance records is acceptable, by doing all
the actions per Part 1, paragraph (1) of the Accomplishment
Instructions of the service bulletin, if it can be positively
determined from that review that one or both of the actions
specified in Part 1, paragraph (1) of the Accomplishment
Instructions of the service bulletin have been done.
(1) If the production change was not installed, or one or both
of the actions specified in Part 1, paragraph (1) of the
Accomplishment Instructions of the service bulletin were done, no
further action is required by this AD.
(2) If the production change was installed: Do a radiographic
inspection for damage by doing all the actions per Part 1, paragraph
(3) of the Accomplishment Instructions of the service bulletin. If
no damage is found, no further action is required by this AD. If any
damage is found, before further flight, do the corrective actions
required by paragraph (b) of this AD.
Note 1: For the purposes of this AD, a general visual inspection
is defined as: ``A visual examination of an interior or exterior
area, installation, or assembly to detect obvious damage, failure,
or irregularity. This level of inspection is made from within
touching distance unless otherwise specified. A mirror may be
necessary to enhance visual access to all exposed surfaces in the
inspection area. This level of inspection is made under normally
available lighting conditions such as daylight, hangar lighting,
flashlight, or droplight and may require removal or opening of
access panels or doors. Stands, ladders, or platforms may be
required to gain proximity to the area being checked.''
Corrective Actions
(b) If any damage is found during the inspection required by
paragraph (a)(2) of this AD: Before further flight, do all of the
applicable corrective actions per Part 2 of the Accomplishment
Instructions of BAE Systems (Operations) Limited Service Bulletin
J41-57-028, dated June 27, 2003. Where the service bulletin
specifies to contact the manufacturer for repair information, do the
repair per a method approved by either the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the Civil
Aviation Authority (or its delegated agent).
Submission of Information Not Required
(c) Although the service bulletin referenced in this AD
specifies to submit certain information to the manufacturer, this AD
does not include such a requirement.
Alternative Methods of Compliance
(d) In accordance with 14 CFR 39.19, the Manager, International
Branch, ANM-116, is authorized to approve alternative methods of
compliance for this AD.
Note 2: The subject of this AD is addressed in British
airworthiness directive 006-06-2003.
Issued in Renton, Washington, on April 30, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-10432 Filed 5-6-04; 8:45 am]
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