AD 2011-21-06

[Federal Register Volume 76, Number 202 (Wednesday, October 19, 2011)]
[Rules and Regulations]
[Pages 64788-64791]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2011-25802]


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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; 
Amendment 39-16829; AD 2011-21-06]
RIN 2120-AA64


Airworthiness Directives; BAE SYSTEMS (Operations) Limited Model 
4101 Airplanes

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

ACTION: Final rule.

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SUMMARY: We are superseding an existing airworthiness directive (AD) 
that applies to the products listed above. This 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. We are issuing this AD to require 
actions to correct the unsafe condition on these products.

DATES: This AD becomes effective November 23, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of November 23, 
2011.
    The Director of the Federal Register previously approved the 
incorporation by reference of certain other publications listed in this 
AD as of June 11, 2009 (74 FR 21246, May 7, 2009).

ADDRESSES: You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

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: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on April 8, 2011 (76 FR 
19716), and proposed to supersede AD 2009-10-02, Amendment 39-15897 (74 
FR 21246, May 7, 2009). That NPRM proposed 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.

[[Page 64789]]

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (76 FR 19716, April 8, 
2011) or on the determination of the cost to the public.

Revised Aircraft Maintenance Manual (AMM)

    Since issuance of the NPRM (76 FR 19716, April 8, 2011), we have 
reviewed 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 Jetstream Series 4100 AMM, Revision 35, dated 
February 15, 2011. We have revised paragraph (i) of this AD to 
reference this revision.
    We have also added paragraph (j) to this AD to give credit for 
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 Jetstream Series 4100 AMM, Revision 33, dated 
February 15, 2010.

Conclusion

    We reviewed the available data, and determined that air safety and 
the public interest require adopting the AD with the changes described 
previously. We determined that these changes will not increase the 
economic burden on any operator or increase the scope of the AD.

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 required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect about 3 products of U.S. 
registry.
    The actions that are required by AD 2009-10-02 (74 FR 21246, May 7, 
2009) and retained in this AD take about 1 work-hour per product, at an 
average labor rate of $85 per work-hour. Required parts cost about $85 
per product. Based on these figures, the estimated cost of the 
currently required actions is $85 per product.
    We estimate that it will take about 1 additional work-hour per 
product to comply with the new basic requirements of this AD. The 
average labor rate is $85 per work-hour. Based on these figures, we 
estimate the cost of this AD to the U.S. operators to be $255, or $85 
per product.

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 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 this AD:
    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 AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a>; 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 the NPRM (76 FR 19716, April 8, 2011), 
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.

List of Subjects in 14 CFR Part 39

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

Adoption of 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 removing Amendment 39-15897 (74 FR 
21246, May 7, 2009) and adding the following new AD:

2011-21-06 BAE SYSTEMS (Operations) Limited: Amendment 39-16829. 
Docket No. FAA-2011-0306; Directorate Identifier 2010-NM-176-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective November 
23, 2011.

Affected ADs

    (b) This AD supersedes AD 2009-10-02, Amendment 39-15897 (74 FR 
21246, May 7, 2009).

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)

[[Page 64790]]

according to paragraph (l) 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, Amendment 39-15897 (74 FR 
21246, May 7, 2009)

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, Amendment 39-15897 (74 FR 21246, May 7, 2009)): 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 Chapter 05, ``Airworthiness 
Limitations,'' 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 (l) 
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, ``Airworthiness 
Limitations,'' of Chapter 05, ``Airworthiness Limitations,'' 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 With Revised Service Information

Maintenance Program Revision

    (i) Within 90 days after the effective date of this AD: Revise 
the maintenance program 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 Jetstream Series 4100 AMM, Revision 35, dated February 15, 
2011. 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,'' of Chapter 05, 
``Airworthiness Limitations,'' of the BAE Systems (Operations) 
Limited Jetstream Series 4100 AMM, Revision 35, dated February 15, 
2011: 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,'' of Chapter 05, 
``Airworthiness Limitations,'' of the BAE Systems (Operations) 
Limited Jetstream Series 4100 AMM, Revision 35, dated February 15, 
2011: 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.
    (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 Jetstream Series 4100 AMM, Revision 35, dated 
February 15, 2011: 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.

Credit for Actions Accomplished in Accordance With Previous Service 
Information

    (j) Actions done before the effective date of this AD in 
accordance with 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 Jetstream Series 4100 AMM, Revision 33, 
dated February 15, 2010; are acceptable for compliance with the 
requirements of paragraph (i) of this AD.

No Alternative Actions, Intervals, and/or CDCCLs

    (k) 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 (l) 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 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

    (l) 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

    (m) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) European Aviation Safety Agency (EASA) Airworthiness 
Directive 2010-0098, dated

[[Page 64791]]

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 Chapter 05, ``Airworthiness Limitations,'' of the BAE 
Systems (Operations) Limited Jetstream Series 4100 AMM, Revision 31, 
dated February 15, 2009; and 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 Jetstream 
Series 4100 AMM, Revision 35, dated February 15, 2011; for related 
information.

Material Incorporated by Reference

    (n) You must use the following service information to do the 
applicable actions required by this AD, unless the AD specifies 
otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) 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 Chapter 05, 
``Airworthiness Limitations,'' of the BAE Systems (Operations) 
Limited Jetstream Series 4100 AMM, Revision 35, dated February 15, 
2011; under 5 U.S.C. 552(a) and 1 CFR part 51 on November 23, 2011. 
Page 1 of the Publications Transmittal of the BAE Systems 
(Operations) Limited Jetstream Series 4100 AMM is the only page that 
shows the revision level of this document.
    (2) The Director of the Federal Register previously approved the 
incorporation by reference of Subjects 05-10-10, ``Airworthiness 
Limitations''; 05-10-20, ``Certification Maintenance Requirements''; 
05-10-30, ``Critical Design Configuration Control Limitations 
(CDCCL)--Fuel System''; of Chapter 05, ``Airworthiness 
Limitations,'' of the BAE Systems (Operations) Limited Jetstream 
Series 4100 AMM, Revision 31, dated February 15, 2009; on June 11, 
2009 (74 FR 21246, May 7, 2009).
    (3) For service information 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; e-mail 
<a href="/cdn-cgi/l/email-protection#b4e6f5c4c1d6d8ddd7d5c0dddbdac7f4d6d5d1c7cdc7c0d1d9c79ad7dbd9"><span class="__cf_email__" data-cfemail="95c7d4e5e0f7f9fcf6f4e1fcfafbe6d5f7f4f0e6ece6e1f0f8e6bbf6faf8">[email&#160;protected]</span></a>; Internet <a href="http://www.baesystems.com/Businesses/RegionalAircraft/index.htm">http://www.baesystems.com/Businesses/RegionalAircraft/index.htm</a>.
    (4) You may review copies of the 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.
    (5) You may also review copies of the service information that 
is incorporated by reference 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: <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>.

    Issued in Renton, Washington, on September 23, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-25802 Filed 10-18-11; 8:45 am]
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