[Federal Register Volume 76, Number 68 (Friday, April 8, 2011)]
[Proposed Rules]
[Pages 19716-19719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8410]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2011-0306; Directorate Identifier 2010-NM-176-AD]
RIN 2120-AA64
Airworthiness Directives; BAE SYSTEMS (Operations) Limited Model
4101 Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above that would supersede an existing AD. This
proposed AD results from mandatory continuing airworthiness information
(MCAI) originated by an aviation authority of another country to
identify and correct an unsafe condition on an aviation product. The
MCAI describes the unsafe condition as:
* * * BAE Systems (Operations) Ltd has issued Revision 33 of the
AMM [airplane maintenance manual] to amend Chapter 05-10-10 by
adding one new Structurally Significant Item (SSI) and increasing
the repeat inspection period on another SSI. Failure to comply with
this revision constitutes an unsafe condition.
The unsafe condition is failure of certain structurally significant
items, including the main landing gear and the nose landing gear, which
could result in reduced structural integrity of the airplane; and fuel
vapor ignition sources, which could result in a fuel tank explosion and
consequent loss of the airplane. The proposed AD would require actions
that are intended to address the unsafe condition described in the
MCAI.
DATES: We must receive comments on this proposed AD by May 23, 2011.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-
[[Page 19717]]
30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue,
SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
For service information identified in this proposed 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; e-mail
[email protected]; Internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm. You may review copies of the
referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington. For information
on the availability of this material at the FAA, call 425-227-1221.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone (800) 647-5527) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1175; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2011-0306;
Directorate Identifier 2010-NM-176-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
On April 27, 2009, we issued AD 2009-10-02, Amendment 39-15897 (74
FR 21246, May 7, 2009). That AD required actions intended to address an
unsafe condition on the products listed above.
Since we issued AD 2009-10-02, we have determined that new or more
restrictive limitations are necessary to adequately address the
identified unsafe condition.
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued
Airworthiness Directive 2010-0098, dated May 27, 2010 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:
The Jetstream J41 Aircraft Maintenance Manual (AMM), includes
the following chapters:
--05-10-10 ``Airworthiness Limitations'',
--05-10-20 ``Certification Maintenance Requirements'', and,
--05-10-30 ``Critical Design Configuration Control Limitations
(CDCCL)--Fuel System''
Compliance with these chapters has been identified as mandatory
actions for continued airworthiness and EASA AD 2009-0052 was issued
to require operators to comply with those instructions.
Since the issuance of that AD, BAE Systems (Operations) Ltd has
issued Revision 33 of the AMM to amend Chapter 05-10-10 by adding
one new Structurally Significant Item (SSI) and increasing the
repeat inspection period on another SSI. Failure to comply with this
revision constitutes an unsafe condition.
For the reasons described above, this [EASA] AD, which
supersedes EASA AD 2009-0052, requires the implementation of the new
or more restrictive maintenance requirements and/or airworthiness
limitations as specified in the defined parts of Chapter 05 of the
AMM at Revision 33.
The unsafe condition is failure of certain structurally significant
items, including the main landing gear and the nose landing gear, which
could result in reduced structural integrity of the airplane; and fuel
vapor ignition sources, which could result in a fuel tank explosion and
consequent loss of the airplane. You may obtain further information by
examining the MCAI in the AD docket.
Relevant Service Information
BAE SYSTEMS (Operations) Limited has issued Subjects 05-10-00, 05-
10-10, 05-10-20, and 05-10-30 of Chapter 05 of Jetstream Series 4100
Aircraft Maintenance Manual, Revision 33, dated February 15, 2010. The
actions described in this service information are intended to correct
the unsafe condition identified in the MCAI.
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
Differences Between This AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 3 products of U.S. registry.
The actions that are required by AD 2009-10-02 and retained in this
proposed AD take about 1 work-hour per product, at an average labor
rate of $85 per work hour. Based on these figures, the estimated cost
of the currently required actions is $85 per product.
We estimate that it would take about 1 additional work-hour per
product to comply with the new basic requirements of this proposed AD.
The average labor rate is $85 per work-hour. Based on these figures, we
estimate the cost of the proposed AD on U.S. operators to be $255, or
$85 per product.
[[Page 19718]]
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.
We are 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
We 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. Is not a ``significant rule'' under the 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.
We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.
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
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. The FAA amends Sec. 39.13 by removing Amendment 39-15897 (74 FR
21246, May 7, 2009) and adding the following new AD:
BAE SYSTEMS (Operations) Limited: Docket No. FAA-2011-0306;
Directorate Identifier 2010-NM-176-AD.
Comments Due Date
(a) We must receive comments by May 23, 2011.
Affected ADs
(b) This AD supersedes AD 2009-10-02, Amendment 39-15897.
Applicability
(c) This AD applies to all BAE SYSTEMS (Operations) Limited
Model 4101 airplanes, certificated in any category.
Note 1: This AD requires revisions to certain operator
maintenance documents to include new actions (e.g., inspections)
and/or Critical Design Configuration Control Limitations (CDCCLs).
Compliance with these actions and/or CDCCLs is required by 14 CFR
91.403(c). For airplanes that have been previously modified,
altered, or repaired in the areas addressed by this AD, the operator
may not be able to accomplish the actions described in the
revisions. In this situation, to comply with 14 CFR 91.403(c), the
operator must request approval of an alternative method of
compliance (AMOC) according to paragraph (k) of this AD. The request
should include a description of changes to the required actions that
will ensure the continued operational safety of the airplane.
Subject
(d) Air Transport Association (ATA) of America Code 05.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
* * * BAE Systems (Operations) Ltd has issued Revision 33 of the
AMM [airplane maintenance manual] to amend Chapter 05-10-10 by
adding one new Structurally Significant Item (SSI) and increasing
the repeat inspection period on another SSI. Failure to comply with
this revision constitutes an unsafe condition.
The unsafe condition is failure of certain structurally significant
items, including the main landing gear and the nose landing gear,
which could result in reduced structural integrity of the airplane;
and fuel vapor ignition sources, which could result in a fuel tank
explosion and consequent loss of the airplane.
Compliance
(f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Restatement of Requirements of AD 2009-10-02
Revise Airworthiness Limitations Section (AWL) of Instructions for
Continued Airworthiness
(g) Within 90 days after June 11, 2009 (the effective date of AD
2009-10-02): Revise the AWL section of the Instructions for
Continued Airworthiness by incorporating the instructions of
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
the BAE Systems (Operations) Limited Jetstream Series 4100 Airplane
Maintenance Manual (AMM), Revision 31, dated February 15, 2009.
Thereafter, except as provided in paragraph (k) of this AD, no
alternative replacement times or inspection intervals may be
approved for any affected component. Doing the actions required by
paragraph (i) of this AD terminates the requirements of this
paragraph.
(h) Where paragraph 2.A.(2) of Subject 05-10-10 of the BAE
Systems (Operations) Limited Jetstream Series 4100 AMM, Revision 31,
dated February 15, 2009, specifies that certain landing gear units
``must be removed before 31st March 2008,'' this AD requires
compliance within 60 days after June 11, 2009.
New Requirements of This AD
Maintenance Program Revision
(i) Within 90 days after the effective date of this AD: Revise
the maintenance program by incorporating Subject 05-10-10,
``Airworthiness Limitations Description and Operation''; Subject 05-
10-20, ``Certification Maintenance Requirements Description and
Operation''; and Subject 05-10-30, ``Critical Design Configuration
Control Limitations (CDCCL)--Fuel System Description and
Operation''; of Chapter 05 of the BAE Systems (Operations) Limited
Jetstream Series 4100 AMM, Revision 33, dated February 15, 2010.
Doing the actions required by this paragraph terminates the
requirements of paragraph (g) of this AD. The initial compliance
times for the tasks are at the applicable times specified in
paragraphs (i)(1), (i)(2), and (i)(3) of this AD.
(1) For replacement tasks of life limited parts specified in
Subject 05-10-10, ``Airworthiness Limitations Description and
Operation,'' of Chapter 05 of the BAE Systems (Operations) Limited
Jetstream Series 4100 AMM, Revision 33, dated February 15, 2010:
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.
(2) For structurally significant item tasks specified in Subject
05-10-10, ``Airworthiness Limitations Description and Operation,''
of Chapter 05 of the BAE Systems (Operations) Limited Jetstream
Series 4100 AMM, Revision 33, dated February 15, 2010: 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 the effective date of this AD, whichever occurs later.
[[Page 19719]]
(3) For certification maintenance requirements tasks specified
in Subject 05-10-20, ``Certification Maintenance Requirements
Description and Operation,'' of Chapter 05 of the BAE Systems
(Operations) Limited Jetstream Series 4100 AMM, Revision 33, dated
February 15, 2010: 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 doing the revision required by paragraph (i) of this
AD, or within 90 days after the effective date of this AD, whichever
occurs later.
No Alternative Actions, Intervals, and/or Critical Design Configuration
Control Limitations (CDCCLs)
(j) After accomplishing the revision required by paragraph (i)
of this AD, no alternative actions (e.g., inspections), intervals,
and/or CDCCLs may be used unless the actions, intervals, and/or
CDCCLs are approved as an alternative method of compliance (AMOC) in
accordance with the procedures specified in paragraph (k) of this
AD.
FAA AD Differences
Note 2: This AD differs from the MCAI and/or service information
as follows: Although EASA Airworthiness Directive 2010-0098, dated
May 27, 2010, specifies both revising the maintenance program to
include limitations, and doing certain repetitive actions (e.g.,
inspections) and/or maintaining Critical Design Configuration
Control Limitations (CDCCLs), this AD only requires the revision.
Requiring a revision of the maintenance program, rather than
requiring individual repetitive actions and/or maintaining CDCCLs,
requires operators to record AD compliance only at the time the
revision is made. Repetitive actions and/or maintaining CDCCLs
specified in the airworthiness limitations must be complied with in
accordance with 14 CFR 91.403(c).
Other FAA AD Provisions
(k) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, 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 local Flight Standards District Office, as
appropriate. If sending information directly to the International
Branch, send it to ATTN: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 227-1175; fax (425) 227-1149. Before using any approved AMOC,
notify your appropriate principal inspector, or lacking a principal
inspector, the manager of the local flight standards district
office/certificate holding district office. The AMOC approval letter
must specifically reference this AD.
(2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
Related Information
(l) Refer to Mandatory Continuing Airworthiness Information
(MCAI) European Aviation Safety Agency (EASA) Airworthiness
Directive 2010-0098, dated May 27, 2010; 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 the BAE Systems
(Operations) Limited Jetstream Series 4100 AMM, Revision 31, dated
February 15, 2009; and Subjects 05-10-00, ``Time Limits Description
and Operation,'' 05-10-10, ``Airworthiness Limitations Description
and Operation,'' 05-10-20, ``Certification Maintenance Requirements
Description and Operation,'' and 05-10-30, ``Critical Design
Configuration Control Limitations (CDCCL)--Fuel System Description
and Operation,'' of Chapter 05 of the BAE Systems (Operations)
Limited Jetstream Series 4100 AMM, Revision 33, dated February 15,
2010; for related information.
Issued in Renton, Washington, on March 30, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-8410 Filed 4-7-11; 8:45 am]
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