AD 2016-07-09

[Federal Register Volume 81, Number 69 (Monday, April 11, 2016)]
[Rules and Regulations]
[Pages 21263-21266]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2016-07229]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-1279; Directorate Identifier 2014-NM-049-AD; 
Amendment 39-18454; AD 2016-07-09]
RIN 2120-AA64


Airworthiness Directives; BAE SYSTEMS (Operations) Limited 
Airplanes

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

ACTION: Final rule.

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[[Page 21264]]

SUMMARY: We are superseding Airworthiness Directive (AD) 2011-21-06 for 
all BAE SYSTEMS (Operations) Limited Model 4101 airplanes. AD 2011-21-
06 required revising the maintenance program. This new AD requires a 
new revision of the maintenance or inspection program. This AD was 
prompted by a determination that the life limit of certain main landing 
gear components must be reduced, and certain post-repair inspections of 
critical structure are necessary. We are issuing this AD to prevent 
failure of certain structurally significant items, including the main 
landing gear and nose landing gear, which could result in reduced 
structural integrity of the airplane; and to prevent fuel vapor 
ignition sources, which could result in a fuel tank explosion and 
consequent loss of the airplane.

DATES: This AD is effective May 16, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 16, 
2016.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of 
November 23, 2011 (76 FR 64788, October 19, 2011).

ADDRESSES: For service information identified in this final rule, 
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; email <a href="/cdn-cgi/l/email-protection#154754656077797c7674617c7a7b6655777470666c66617078663b767a78"><span class="__cf_email__" data-cfemail="dc8e9daca9beb0b5bfbda8b5b3b2af9cbebdb9afa5afa8b9b1aff2bfb3b1">[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>. You may view 
this referenced service information at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the 
availability of this material at the FAA, call 425-227-1221. It is also 
available on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching 
for and locating Docket No. FAA-2015-1279.

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> by searching for and locating Docket No. FAA-2015-
1279; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this AD, the regulatory evaluation, any comments received, and 
other information. The address for the Docket Office (telephone 800-
647-5527) is Docket Management Facility, U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Theodore (Todd) Thompson, Aerospace 
Engineer, International Branch, ANM-116, Transport Airplane 
Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 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 supersede AD 2011-21-06, Amendment 39-16829 (76 FR 64788, 
October 19, 2011) (``AD 2011-21-06''). AD 2011-21-06 applied to all BAE 
SYSTEMS (Operations) Limited Model 4101 airplanes. The NPRM published 
in the Federal Register on May 8, 2015 (80 FR 26484) (``the NPRM'').
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Airworthiness Directive 2014-0043, dated February 21, 2014 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for all BAE SYSTEMS 
(Operations) Limited Model 4101 airplanes. 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''.

    The maintenance tasks and limitations contained in these 
chapters have been identified as mandatory actions for continued 
airworthiness and EASA issued AD 2010-0098 [dated May 27, 2010 
(<a href="http://ad.easa.europa.eu/ad/2010-0098">http://ad.easa.europa.eu/ad/2010-0098</a>) which corresponds to FAA AD 
2011-21-06, Amendment 39-16829 (79 FR 64788, October 19, 2011)] to 
require operators to comply with those instructions.
    Since that [EASA] AD was issued, BAE Systems (Operations) Ltd 
issued Revision 37 of the AMM amending Chapter 05-10-10 to revise 
and reduce the life limit of certain main landing gear components. 
In addition, Revision 38 of the AMM was issued to amend Chapters 05-
10-00 and 05-10-10 introducing inspections to be accomplished after 
implementation of some repairs affecting fatigue strength of 
critical structure. Failure to comply with the new and more 
restrictive actions could result in an unsafe condition.
    For the reasons described above, this [EASA] AD, which 
supersedes EASA AD 2010-0098, requires implementation of the 
maintenance requirements and/or airworthiness limitations as 
specified in the defined parts of Chapter 05 of the AMM at Revision 
38.

    The unsafe condition is the failure of certain structurally 
significant items, including the main landing gear and 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 examine the 
MCAI in the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by 
searching for and locating Docket No. FAA-2015-1279.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Explanation of Change to NPRM

    Since we issued the NPRM, we discovered an incorrect reference to 
``paragraph (j)'' in paragraph (i)(3) of the proposed AD. The correct 
reference is to ``paragraph (i),'' and we have changed this AD 
accordingly.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting this AD with the change described 
previously and for minor editorial changes. We have determined that 
these changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    We 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 J41 AMM, Revision 38, dated September 15, 
2013. This service information describes procedures for inspections of 
structurally significant items and the fuel system. This service 
information is reasonably available because the interested parties have 
access to it through their normal course of business or by the means 
identified in the ADDRESSES section.

[[Page 21265]]

Costs of Compliance

    We estimate that this AD affects 4 airplanes of U.S. registry.
    The actions required by AD 2011-21-06, Amendment 39-16829 (76 FR 
64788, October 19, 2011), and retained in this 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 actions that are required 
by AD 2011-21-06 is $85 per product.
    We also estimate that it would take about 1 work-hour per product 
to comply with the 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 on U.S. operators to be $340, 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 that 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);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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.

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 Airworthiness Directive (AD) 
2011-21-06, Amendment 39-16829 (76 FR 64788, October 19, 2011), and 
adding the following new AD:

2016-07-09 BAE SYSTEMS (Operations) Limited: Amendment 39-18454. 
Docket No. FAA-2015-1279; Directorate Identifier 2014-NM-049-AD.

(a) Effective Date

    This AD is effective May 16, 2016.

(b) Affected ADs

    This AD replaces AD 2011-21-06, Amendment 39-16829 (76 FR 64788, 
October 19, 2011) (``AD 2011-21-06'').

(c) Applicability

    This AD applies to all BAE SYSTEMS (Operations) Limited Model 
4101 airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 05.

(e) Reason

    This AD was prompted by the need to reduce the life limit of 
certain main landing gear components, and to add certain post-repair 
inspections of critical structure to the maintenance or inspection 
program. We are issuing this AD to prevent failure of certain 
structurally significant items, including the main landing gear and 
nose landing gear, which could result in reduced structural 
integrity of the airplane; and to prevent fuel vapor ignition 
sources, which could result in a fuel tank explosion and consequent 
loss of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Retained Maintenance Program Revision, With No Changes

    This paragraph restates the requirements of paragraph (i) of AD 
2011-21-06, with no changes. Within 90 days after November 23, 2011 
(the effective date of AD 2011-21-06): 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 Aircraft Maintenance Manual (AMM), Revision 35, dated 
February 15, 2011. The initial compliance times for the tasks are at 
the applicable times specified in paragraphs (g)(1), (g)(2), and 
(g)(3) of this AD. Doing the actions required by paragraph (i) of 
this AD terminates the requirements of this paragraph.
    (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 
November 23, 2011 (the effective date of AD 2011-21-06), 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 November 23, 2011 (the effective date of AD 
2011-21-06), 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 November 23, 2011 (the 
effective date of AD 2011-21-06), 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 (g) of this AD, or within 90 days after November 23, 
2011 (the effective date of AD 2011-21-06), whichever occurs later.

(h) Retained Restrictions on Alternative Actions, Intervals, and/or 
CDCCLs, With a New Exception

    This paragraph restates the requirements of paragraph (k) of AD 
2011-21-06, with a new exception. Except as required by paragraph 
(i) of this AD, after accomplishing the revision required by 
paragraph (g) 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.

[[Page 21266]]

(i) New Maintenance or Inspection Program Revision

    Within 90 days after the effective date of this AD: Revise the 
maintenance or inspection program, as applicable, 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 J41 AMM, Revision 38, dated September 15, 2013. 
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. 
Doing the actions required by this paragraph terminates the 
requirements of paragraph (g) 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 J41 AMM, Revision 38, dated September 15, 2013: 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 J41 AMM, Revision 38, dated September 15, 2013: 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 J41 AMM, Revision 38, dated September 15, 2013: 
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 the 
effective date of this AD, whichever occurs later.

(j) New Restrictions on Alternative Actions, Intervals, and/or (CDCCLs)

    After the maintenance or inspection program, as applicable, has 
been revised as 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 AMOC 
in accordance with the procedures specified in paragraph (l) of this 
AD.

(k) Credit for Previous Actions

    This paragraph restates the provisions of paragraph (j) of AD 
2011-21-06. This paragraph provides credit for actions required by 
paragraph (g) of this AD, if those actions were performed before 
November 23, 2011 (the effective date of AD 2011-21-06), 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; which are not incorporated by reference in 
this AD.

(l) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, 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: Theodore 
(Todd) Thompson, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, 
WA 98057-3356; telephone: 425-227-1175; fax 425-227-1149. 
Information may be emailed to: <a href="/cdn-cgi/l/email-protection#734a5e323d3e5e4242455e323e3c305e2136222636202720331512125d141c05"><span class="__cf_email__" data-cfemail="655c48242b28485454534824282a26483720343020363136250304044b020a13">[email&#160;protected]</span></a>.
    (i) 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.
    (ii) AMOCs approved previously for AD 2011-21-06, are not 
approved as AMOCs with this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or the 
European Aviation Safety Agency (EASA); or BAE Systems (Operations) 
Limited's EASA Design Organization Approval (DOA). If approved by 
the DOA, the approval must include the DOA-authorized signature.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2014-0043, dated February 21, 
2014, for related information. This MCAI may be found in the AD 
docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching 
for and locating Docket No. FAA-2015-1279.
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (n)(5) and (n)(6) of this AD.

(n) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on 
May 16, 2016.
    (i) Chapter 05, ``Airworthiness Limitations,'' of the BAE 
Systems (Operations) Limited J41 Aircraft Maintenance Manual (AMM), 
Revision 38, dated September 15, 2013. Page 1 of the ``Publications 
Transmittal'' is the only page that shows the revision level of this 
document.
    (A) Subject 05-10-10, ``Airworthiness Limitations.''
    (B) Subject 05-10-20, ``Certification Maintenance 
Requirements.''
    (C) Subject 05-10-30, ``Critical Design Configuration Control 
Limitations (CDCCL)--Fuel System.''
    (ii) Reserved.
    (4) The following service information was approved for IBR on 
November 23, 2011 (76 FR 64788, October 19, 2011).
    (i) Chapter 05, ``Airworthiness Limitations,'' of the BAE 
Systems (Operations) Limited Jetstream Series 4100 AMM, Revision 35, 
dated February 15, 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.
    (A) Subject 05-10-10, ``Airworthiness Limitations.''
    (B) Subject 05-10-20, ``Certification Maintenance 
Requirements.''
    (C) Subject 05-10-30, ``Critical Design Configuration Control 
Limitations (CDCCL)--Fuel System.''
    (ii) Reserved.
    (5) 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; email 
<a href="/cdn-cgi/l/email-protection#f9abb8898c9b95909a988d9096978ab99b989c8a808a8d9c948ad79a9694"><span class="__cf_email__" data-cfemail="9ac8dbeaeff8f6f3f9fbeef3f5f4e9daf8fbffe9e3e9eefff7e9b4f9f5f7">[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>.
    (6) You may view this service information at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 
425-227-1221.
    (7) You may view this 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/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Renton, Washington, on March 22, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-07229 Filed 4-8-16; 8:45 am]
 BILLING CODE 4910-13-P