[Federal Register: July 27, 2004 (Volume 69, Number 143)]
[Rules and Regulations]
[Page 44589-44591]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27jy04-6]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2001-NM-270-AD; Amendment 39-13740; AD 2004-15-06]
RIN 2120-AA64
Airworthiness Directives; BAE Systems (Operations) Limited
(Jetstream) Model 4101 Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to all BAE Systems (Operations) Limited (Jetstream) Model
4101 airplanes, that requires various inspections of the fuselage nose
structure between stations 4 and 11, and corrective actions if
necessary. This action is necessary to detect and correct fatigue
cracking in the primary structure of the nose of the airplane at the
forward avionics bay (fuselage stations 4 to 11), which could result in
reduced structural integrity of the airplane. This action is intended
to address the identified unsafe condition.
DATES: Effective August 31, 2004.
The incorporation by reference of certain publications, as listed
in the regulations, is approved by the Director of the Federal Register
as of August 31, 2004.
ADDRESSES: The service information referenced in this AD may be
obtained from British Aerospace Regional Aircraft American Support.
This information may be examined at the Federal Aviation Administration
(FAA), Transport Airplane Directorate, Rules Docket, 1601 Lind Avenue,
SW., Renton, Washington; or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
.
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: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to all BAE Systems (Operations)
Limited (Jetstream) Model 4101 airplanes was published in the Federal
Register on October 1, 2003 (68 FR 56596). That action proposed to
require various inspections of the fuselage nose structure between
stations 4 and 11, and corrective actions if necessary.
Comments
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received from a single commenter.
Request To Withdraw Proposed AD
The commenter, an operator, states that the proposed AD is an
unnecessary burden to operators. The commenter suggests that instead of
the FAA issuing an AD, the maintenance review board (MRB) report should
be revised to include the actions required by the proposed AD. The
commenter states that it currently performs numerous inspections for
cracking on its fleet of Jetstream Model 4101 airplanes using
procedures specified in the commenter's maintenance programs. The
commenter notes that BAE Systems (Operations) Limited Service Bulletin
J41-53-047, Revision 1, dated July 19, 2002, specifies that when the
inspections and procedures in the service bulletin are published in the
MRB report and the maintenance planning document (MPD), the inspections
and procedures will be deleted from the service bulletin and the MRB
report will become the published source document. The commenter also
notes that another operator, with a fleet of 27 Jetstream Model 4101
airplanes, did the inspections specified in the service bulletin and
did not find any cracking. Compliance with the proposed AD would
require the commenter to bring 25 airplanes ``off-line'' to access and
inspect the areas specified in the proposed AD. The commenter states
that if the inspection procedures were added to the MRB report through
a revision, an operator could merge these inspections into its
established maintenance program so the inspections coincide with the
operator's heavy maintenance program, which would reduce the
operational impact.
The FAA infers that the commenter is requesting that the AD be
withdrawn. We do not agree. The procedures specified in operators' MRB
reports are not mandatory. Therefore, we must issue an AD to ensure
that the identified unsafe condition is properly addressed. We
acknowledge that some operators may currently have maintenance programs
that address the unsafe condition. If a program is adequate, an
operator would be in a position to request approval for an alternative
method of compliance with the AD (i.e., to follow the operator's
current program rather than revise it to comply with the AD). Our
obligation to issue the AD and address an unsafe condition remains; the
rule must apply to everyone to ensure that all affected airplanes are
covered, regardless of who operates them. Furthermore, the
airworthiness authority for the state of design issued an airworthiness
directive mandating the same actions required by this AD. This AD has
not been changed regarding this issue.
Request To Revise Cost Impact Section
The commenter notes that the figure in the Cost Impact section of
the proposed AD does not include incidental costs, such as the time
required to gain access and close up an airplane. The commenter states
that these costs are not incidental, and that the majority of time
required to perform the various inspections is spent accessing the
areas to be inspected.
We infer that the commenter is requesting that the Cost Impact
section of the proposed AD be revised. We do not agree. As stated in
the proposed AD, ``the figures discussed in AD rulemaking actions
represent only the time necessary to perform the specific actions
actually required by the AD.'' The specific actions required by the AD
are various inspections of the fuselage nose structure between stations
4 and 11. We expect that most operators will be able to do the actions
required by this AD during scheduled maintenance. We attempt to set
compliance times that generally coincide with operators' maintenance
schedules. However, because operators' schedules vary substantially, we
cannot accommodate every operator's optimal scheduling in each AD. The
time necessary for gaining access to and closing the inspection area is
incidental. This AD has not been changed regarding this issue.
The commenter also objects to the FAA's assumption that ``no
operator would accomplish those actions in the future if this AD were
not adopted.'' The
[[Page 44590]]
commenter states that it performs numerous inspections for cracking in
accordance with its maintenance program.
The commenter appears to have misunderstood the context of the
quoted statement: ``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 purpose
of the Cost Impact section of the NPRM is to estimate the costs of
compliance with the proposed AD. As stated, for this purpose, the FAA
assumes that all operators taking the required actions are doing so
only because the AD requires it. We recognize that in most cases this
assumption is incorrect, and that the resulting costs attributed to the
AD are exaggerated. But we do not have access to data that would enable
us to accurately determine on what percentage of affected airplanes the
actions would be done in the absence of the AD. This AD has not been
changed regarding this issue.
Explanation of Changes to This AD
We have included the headers ``Inspections'' and ``Corrective
Actions'' in the body of this AD. These headers were inadvertently
omitted from the proposed AD. We also changed the citations for the
appropriate source of service information from Jetstream Service
Bulletin J41-53-047, Revision 1, dated July 19, 2002, to BAE Systems
(Operations) Limited Service Bulletin J41-53-047, Revision 1, dated
July 19, 2002, to comply with the Office of the Federal Register's
guidelines for material incorporated by reference. We have determined
that these changes will neither increase the economic burden on any
operator nor increase the scope of the AD.
Conclusion
After careful review of the available data, including the comments
noted above, we have determined that air safety and the public interest
require the adoption of the rule with the changes previously described.
Cost Impact
The FAA estimates that 57 airplanes of U.S. registry will be
affected by this AD, that it will take approximately 50 work hours per
airplane to accomplish the required actions, and that the average labor
rate is $65 per work hour. Based on these figures, the cost impact of
the AD on U.S. operators is estimated to be $185,250, or $3,250 per
airplane, per inspection cycle.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the 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 adopted herein 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. Therefore, it
is determined that this final rule does not have federalism
implications under Executive Order 13132.
For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); 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. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new airworthiness
directive:
2004-15-06 BAE Systems (Operations) Limited (Formerly British
Aerospace Regional Aircraft): Amendment 39-13740. Docket 2001-NM-
270-AD.
Applicability: All Model Jetstream 4101 airplanes, certificated
in any category.
Compliance: Required as indicated, unless accomplished
previously.
To detect and correct fatigue cracking in the primary structure
of the nose of the airplane at the forward avionics bay (fuselage
stations 4 to 11), which could result in reduced structural
integrity of the airplane, accomplish the following:
Inspections
(a) Perform detailed, radiographic, and eddy current inspections
of the fuselage nose structure between stations 4 and 11 for
discrepancies (including cracking, corrosion, and exposed wiring),
per the Accomplishment Instructions of BAE Systems (Operations)
Limited Service Bulletin J41-53-047, Revision 1, dated July 19,
2002, except that reporting results of inspection findings is not
required by this AD. Do the inspections at the later of the times
specified in paragraphs (a)(1) and (a)(2) of this AD. Repeat the
inspections thereafter at intervals not to exceed 6,000 landings.
(1) Prior to the accumulation of 10,000 total landings, but not
before the accumulation of 7,000 total landings.
(2) Within 3,000 landings after the effective date of this AD,
or at the next 8-year environmental (corrosion) inspection,
whichever occurs first.
Note 1: For the purposes of this AD, a detailed inspection is
defined as: ``An intensive visual examination of a specific
structural area, system, installation, or assembly to detect damage,
failure, or irregularity. Available lighting is normally
supplemented with a direct source of good lighting at intensity
deemed appropriate by the inspector. Inspection aids such as mirror,
magnifying lenses, etc., may be used. Surface cleaning and elaborate
access procedures may be required.''
(b) For the inspections of the surround structure for the
avionics bay doors, operators may either remove the high intensity
radiated field (HIRF) seal and do a detailed inspection, or do
radiographic and eddy current inspections with the HIRF seal in
place.
Corrective Actions
(c) If any discrepancy is found during any inspection required
by this AD, before further flight, repair per BAE Systems
(Operations) Limited Service Bulletin J41-53-047, Revision 1, dated
July 19, 2002. Where the service bulletin specifies contacting the
manufacturer for disposition of repairs, before further flight,
repair per a method approved by the Manager, International Branch,
ANM-116, FAA, Transport Airplane Directorate; or the Civil Aviation
Authority (or its delegated agent).
[[Page 44591]]
Alternative Methods of Compliance
(d) In accordance with 14 CFR 39.19, the Manager, International
Branch, ANM-116, FAA, is authorized to approve alternative methods
of compliance for this AD.
Incorporation by Reference
(e) Unless otherwise specified in this AD, the actions shall be
done in accordance with BAE Systems (Operations) Limited Service
Bulletin J41-53-047, Revision 1, dated July 19, 2002. This
incorporation by reference was approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Copies may be obtained from British Aerospace Regional Aircraft
American Support, 13850 Mclearen Road, Herndon, Virginia 20171.
Copies may be inspected at the FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington; or at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call (202) 741-6030, or go
to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
.
Note 2: The subject of this AD is addressed in British
airworthiness directive 001-06-2001.
Effective Date
(f) This amendment becomes effective on August 31, 2004.
Issued in Renton, Washington, on July 9, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-16679 Filed 7-26-04; 8:45 am]
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