AD 2005-05-12

[Federal Register Volume 70, Number 47 (Friday, March 11, 2005)]
[Rules and Regulations]
[Pages 12124-12125]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 05-4414]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19751; Directorate Identifier 2002-NM-59-AD; 
Amendment 39-14001; AD 2005-05-12]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited 
(Jetstream) Model 4101 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
BAE Systems (Operations) Limited (Jetstream) Model 4101 airplanes. This 
AD requires repetitive detailed inspections of the aft fuselage frames 
for any discrepancies, and any applicable corrective actions. This AD 
is prompted by reports of corrosion found on the aft fuselage frames 
due to the ingress of water or liquid. We are issuing this AD to detect 
and correct corrosion of the aft fuselage frames, which could result in 
reduced structural integrity of the fuselage.

DATES: This AD becomes effective April 15, 2005.
    The incorporation by reference of certain publications listed in 
the AD is approved by the Director of the Federal Register as of April 
15, 2005.

ADDRESSES: For service information identified in this AD, contact 
British Aerospace Regional Aircraft American Support, 13850 Mclearen 
Road, Herndon, Virginia 20171.
    Docket: The AD docket contains the proposed AD, comments, and any 
final disposition. You can examine the AD docket on the Internet at 
<a href="http://dms.dot.gov">http://dms.dot.gov</a>, or in person at the Docket Management Facility 
office between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the U.S. 
Department of Transportation, 400 Seventh Street SW, room PL-401, 
Washington, DC. This docket number is FAA-2004-19751; the directorate 
identifier for this docket is 2002-NM-59-AD.

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: The FAA proposed to amend 14 CFR Part 39 
with an AD for all BAE Systems (Operations) Limited (Jetstream) Model 
4101 airplanes. That action, published in the Federal Register on 
December 1, 2004 (69 FR 69834), proposed to require repetitive detailed 
inspections of the aft fuselage frames for any discrepancies, and any 
applicable corrective actions.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the single comment that was 
submitted on the proposed AD.

Request To Revise Discussion Section

    The commenter requests that we revise the Discussion section of the 
proposed AD. The commenter suggests that the sentence that describes 
the area where corrosion may occur should read, ``This corrosion occurs 
on frame areas below floor panel level, between frames 434 and 555, 
particularly in the vicinity of the toilet, galley, and baggage door 
due to the ingress of water or liquid.'' The commenter's suggestion 
points out that, though corrosion particularly occurs in the vicinity 
of the toilet, galley, and baggage door, it may also occur over a wider 
area.
    We acknowledge that the commenter's suggestion is accurate. 
However, the Discussion section is not restated in the final rule. 
Thus, we have made no change to the final rule.

Explanation of Change to This AD

    We have revised the applicability statement in paragraph (c) of 
this AD to identify model designations as published in the most recent 
type certificate data sheet for the affected models.

Conclusion

    We have carefully reviewed the available data, including the 
comment that was submitted, and determined that air safety and the 
public interest require adopting the AD with the change described 
previously. We have determined that this change will neither increase 
the economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    This AD will affect about 57 airplanes of U.S. registry. The 
required inspections will take about 30 work hours per airplane, at an 
average labor rate of $65 per work hour. Based on these figures, the 
estimated cost of this AD for U.S. operators is $111,150, or $1,950 per 
airplane, per inspection cycle.

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.

[[Page 12125]]

Regulatory Findings

    We have determined that 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) 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD. See the ADDRESSES section for a location to 
examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
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 adding the following new airworthiness 
directive (AD):

2005-05-12 BAE Systems (Operations) Limited (Formerly British 
Aerospace Regional Aircraft): Amendment 39-14001. Docket No. FAA-
2004-19751; Directorate Identifier 2002-NM-59-AD.

Effective Date

    (a) This AD becomes effective April 15, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all BAE Systems (Operations) Limited 
(Formerly British Aerospace Regional Aircraft) Model 4101 airplanes, 
certificated in any category.

Unsafe Condition

    (d) This AD was prompted by reports of corrosion found on the 
aft fuselage frames due to the ingress of water or liquid. We are 
issuing this AD to detect and correct corrosion of the aft fuselage 
frames, which could result in reduced structural integrity of the 
fuselage.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Inspection and Corrective Actions

    (f) Within 12 months after the effective date of this AD, do a 
detailed inspection of the aft fuselage frames for any discrepancies 
i.e., corrosion, soft spots, and suspected corrosion), and any 
applicable corrective actions, in accordance with the Accomplishment 
Instructions of BAE Systems (Operations) Limited Service Bulletin 
J41-53-051, dated January 25, 2002; or Revision 1, dated May 2, 
2003; except as provided by paragraphs (g) and (i) of this AD. Do 
any applicable corrective action before further flight.

    Note 1: For the purposes of this AD, a detailed inspection is 
``an intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirrors magnifying lenses, etc. may be necessary. Surface cleaning 
and elaborate procedures may be required.''


    (g) If any corrosion outside the limits defined in the service 
bulletin is detected: Before further flight, repair the corrosion 
according to a method approved by either the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or the Civil 
Aviation Authority (or its delegated agent).

Repetitive Inspection

    (h) Repeat the inspection and do applicable corrective actions 
required by paragraph (f) of this AD at intervals not to exceed 24 
months.

No Reporting

    (i) Although the service bulletins referenced in this AD specify 
to submit inspection reports to the manufacturer, this AD does not 
include that requirement.

Alternative Methods of Compliance (AMOCs)

    (j) The Manager, International Branch, ANM-116, has the 
authority to approve AMOCs for this AD, if requested in accordance 
with the procedures found in 14 CFR 39.19.

Related Information

    (k) British airworthiness directive 003-01-2002 also addresses 
the subject of this AD.

Material Incorporated by Reference

    (l) You must use BAE Systems (Operations) Limited Service 
Bulletin J41-53-051, dated January 25, 2002; or BAE Systems 
(Operations) Limited Service Bulletin J41-53-051, Revision 1, dated 
May 2, 2003; to perform the actions that are required by this AD, 
unless the AD specifies otherwise. The Director of the Federal 
Register approves the incorporation by reference of these documents 
in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. For copies of 
the service information, contact British Aerospace Regional Aircraft 
American Support, 13850 Mclearen Road, Herndon, Virginia 20171. For 
information on the availability of this material at the National 
Archives and Records Administration (NARA), call (202) 741-6030, or 
go to <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>. You may view the AD docket at the 
Docket Management Facility, U.S. Department of Transportation, 400 
Seventh Street SW, room PL-401, Nassif Building, Washington, DC.

    Issued in Renton, Washington, on February 28, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-4414 Filed 3-10-05; 8:45 am]
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