[Federal Register Volume 79, Number 170 (Wednesday, September 3, 2014)]
[Proposed Rules]
[Pages 52270-52273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-20940]
[[Page 52270]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2014-0619; Directorate Identifier 2014-NM-029-AD]
RIN 2120-AA64
Airworthiness Directives; BAE Systems (Operations) Limited
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 all
BAE Systems (Operations) Limited Model 4101 airplanes. This proposed AD
was prompted by a report of the failure, due to overheat, of a bracket
on which the earth post (EP) for the generator and propeller de-ice
systems is located. This proposed AD would require an inspection of the
affected EPs and attachment structure for damage, an inspection of the
earth cables of the generator and propeller de-ice system for signs of
overheating and arcing damage, a torque check of the affected EP stiff
nuts, an electrical high current bonding check of the bracket, and
corrective actions if necessary. We are proposing this AD to detect and
correct an overheat failure of the EPs for the generator and propeller
de-ice system, and possible degradation of the wing front spar cap and/
or web, which could affect the structural integrity of the wing.
DATES: We must receive comments on this proposed AD by October 20,
2014.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, 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-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 W12-140, 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; email
[email protected]; Internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm. 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.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0619; 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 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, WA 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-2014-0619;
Directorate Identifier 2014-NM-029-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
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2014-0006, dated January 7, 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:
An occurrence was reported involving a Jetstream 4100 aeroplane,
where a bracket, on which the earth post for the generator and
propeller de-ice systems is located, failed due to overheat.
Although the earth post and cables were not damaged, the mounting
bracket and underlying structure were damaged to the extent that
repair of the wing front spar web was necessary. Furthermore, the
aft engine cross support rod, which is attached to the same bracket,
was found damaged, as a result of excessive current load, and
required replacement. The subsequent investigation determined that,
due to the damage tolerance of the aft engine cross rod support, the
rod does not present an airworthiness issue. However, as a
consequence of overheat failure of the earth post, degradation of
the wing front spar cap and/or web could affect the structural
integrity of the wing.
This condition, if not detected and corrected, could reduce the
capacity of the wing to support loads, possibly resulting in wing
structure failure and consequent loss of the aeroplane.
To address this potential unsafe condition, BAE Systems
(Operations) Ltd issued [Inspection] Service Bulletin (SB) J41-24-
043 [Revision 2, dated August 21, 2013] to provide inspection
instructions.
For the reasons described above, this [EASA] AD requires a one-
time visual inspection of the affected earth posts, an electrical
high current bonding check of the bracket and, if discrepancies are
detected, accomplishment of applicable corrective action(s).
The required actions include a general visual inspection of the
affected EPs and attachment structure for damage; a general visual
inspection of the earth cables of the generator and propeller de-ice
system for arcing damage and signs of overheating of the cable
insulation and terminal tags; a torque check of the EP2 and EP4 stiff
nuts; an electrical high current bonding check of the bracket; and
corrective actions if necessary. Corrective actions include repair of
damaged structure, replacement of damaged cables, cleaning of all
applicable surfaces to achieve the necessary resistance value, and
correction of the torque load of EP stiff nuts. You may examine the
MCAI in the AD docket on the Internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2014-0619.
Relevant Service Information
BAE Systems (Operations) Limited has issued Inspection Service
Bulletin
[[Page 52271]]
J41-24-043, Revision 2, dated August 21, 2013. 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 Proposed AD and the MCAI or Service
Information
Although the MCAI and BAE Systems (Operations) Limited Inspection
Service Bulletin J41-24-043, Revision 2, dated August 21, 2013; tells
you to submit information to the manufacturer, paragraph (k) of this
proposed AD specifies that such submittal is not required. This
difference has been coordinated with EASA.
``Contacting the Manufacturer'' Paragraph in This Proposed AD
Since late 2006, we have included a standard paragraph titled
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD
based on a foreign authority's AD.
The MCAI or referenced service information in an FAA AD often
directs the owner/operator to contact the manufacturer for corrective
actions, such as a repair. Briefly, the Airworthy Product paragraph
allowed owners/operators to use corrective actions provided by the
manufacturer if those actions were FAA-approved. In addition, the
paragraph stated that any actions approved by the State of Design
Authority (or its delegated agent) are considered to be FAA-approved.
In an NPRM having Directorate Identifier 2012-NM-101-AD (78 FR
78285, December 26, 2013), we proposed to prevent the use of repairs
that were not specifically developed to correct the unsafe condition,
by requiring that the repair approval provided by the State of Design
Authority or its delegated agent specifically refer to the FAA AD. This
change was intended to clarify the method of compliance and to provide
operators with better visibility of repairs that are specifically
developed and approved to correct the unsafe condition. In addition, we
proposed to change the phrase ``its delegated agent'' to include a
design approval holder (DAH) with State of Design Authority design
organization approval (DOA), as applicable, to refer to a DAH
authorized to approve required repairs for the proposed AD.
One commenter to the NPRM having Directorate Identifier 2012-NM-
101-AD (78 FR 78285, December 26, 2013) stated the following: ``The
proposed wording, being specific to repairs, eliminates the
interpretation that Airbus messages are acceptable for approving minor
deviations (corrective actions) needed during accomplishment of an AD
mandated Airbus service bulletin.''
This comment has made the FAA aware that some operators have
misunderstood or misinterpreted the Airworthy Product paragraph to
allow the owner/operator to use messages provided by the manufacturer
as approval of deviations during the accomplishment of an AD-mandated
action. The Airworthy Product paragraph does not approve messages or
other information provided by the manufacturer for deviations to the
requirements of the AD-mandated actions. The Airworthy Product
paragraph only addresses the requirement to contact the manufacturer
for corrective actions for the identified unsafe condition and does not
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request
the approval for an alternative method of compliance to the AD-required
actions using the procedures found in 14 CFR 39.19.
To address this misunderstanding and misinterpretation of the
Airworthy Product paragraph, we have changed the paragraph and retitled
it ``Contacting the Manufacturer.'' This paragraph now clarifies that
for any requirement in this proposed AD to obtain corrective actions
from a manufacturer, the actions must be accomplished using a method
approved by the FAA, the European Aviation Safety Agency (EASA), or BAE
Systems (Operations) Limited's EASA DOA.
The Contacting the Manufacturer paragraph also clarifies that, if
approved by the DOA, the approval must include the DOA-authorized
signature. The DOA signature indicates that the data and information
contained in the document are EASA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer
that do not contain the DOA-authorized signature approval are not EASA-
approved, unless EASA directly approves the manufacturer's message or
other information.
This clarification does not remove flexibility previously afforded
by the Airworthy Product paragraph. Consistent with long-standing FAA
policy, such flexibility was never intended for required actions. This
is also consistent with the recommendation of the Airworthiness
Directive Implementation Aviation Rulemaking Committee to increase
flexibility in complying with ADs by identifying those actions in
manufacturers' service instructions that are ``Required for
Compliance'' with ADs. We continue to work with manufacturers to
implement this recommendation. But once we determine that an action is
required, any deviation from the requirement must be approved as an
alternative method of compliance.
We also have decided not to include a generic reference to either
the ``delegated agent'' or ``design approval holder (DAH) with State of
Design Authority design organization approval,'' but instead we have
provided the specific delegation approval granted by the State of
Design Authority for the DAH throughout this proposed AD.
Costs of Compliance
We estimate that this proposed AD affects 4 airplanes of U.S.
registry.
We also estimate that it would take about 4 work-hours per product
to comply with the basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Based on these figures, we estimate
the cost of this proposed AD on U.S. operators to be $1,360, or $340
per product.
We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this proposed
AD.
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 proposed
[[Page 52272]]
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);
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.
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
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):
BAE Systems (Operations) Limited: Docket No. FAA-2014-0619;
Directorate Identifier 2014-NM-029-AD.
(a) Comments Due Date
We must receive comments by October 20, 2014.
(b) Affected ADs
None.
(c) Applicability
This AD applies to BAE Systems (Operations) Limited Model 4101
airplanes, certificated in any category, all serial numbers.
(d) Subject
Air Transport Association (ATA) of America Code 24, Electrical
Power.
(e) Reason
This AD was prompted by a report of the failure, due to
overheat, of a bracket on which the earth post (EP) for the
generator and propeller de-ice systems is located. We are issuing
this AD to detect and correct an overheat failure of the EPs for the
generator and propeller de-ice system and possible degradation of
the wing front spar cap and/or web, which could affect the
structural integrity of the wing.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Inspection of the Earth Posts and Attachment Structure and
Corrective Action
Within 6 months after the effective date of this AD: Do a
general visual inspection on both engines of the structure around
EP2 and EP4; the brackets on which the EPs are mounted; the
attachment of the nacelle horizontal support for damage, and lateral
movement of the EPs; in accordance with the Accomplishment
Instructions of BAE Systems (Operations) Limited Inspection Service
Bulletin J41-24-043, Revision 2, dated August 21, 2013. If any
lateral movement of the EP or any other damage is detected, before
further flight, repair 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.
(h) Inspection of the Earth Cables and Corrective Action
Within 6 months after the effective date of this AD: Do a
general visual inspection of the earth cables of the generator and
propeller de-ice system for arcing damage and signs that the cable
insulation or terminal tags have been overheated, and do all
applicable corrective actions; in accordance with the Accomplishment
Instructions of BAE Systems (Operations) Limited Inspection Service
Bulletin J41-24-043, Revision 2, dated August 21, 2013. Do all
applicable corrective actions before further flight.
(i) Torque Check of the Earth Post Stiff Nuts
Within 6 months after the effective date of this AD: Do a torque
check of the EP2 and EP4 stiff nuts, and adjust the torque load as
applicable, in accordance with the Accomplishment Instructions of
BAE Systems (Operations) Limited Inspection Service Bulletin J41-24-
043, Revision 2, dated August 21, 2013.
(j) Resistance Measurement of the EP2 and EP4 Earth Bolts
Within 6 months after the effective date of this AD: Measure the
resistance of the EP2 and EP4 earth bolts using a high-current
millivolts-drop test, and do all applicable corrective actions, in
accordance with the Accomplishment Instructions of BAE Systems
(Operations) Limited Inspection Service Bulletin J41-24-043,
Revision 2, dated August 21, 2013. Do all applicable corrective
actions before further flight.
(k) No Reporting Required
Although BAE Systems (Operations) Limited Inspection Service
Bulletin J41-24-043, Revision 2, dated August 21, 2013, specifies to
submit information to the manufacturer, this AD does not require
that this information be submitted.
(l) Credit for Previous Actions
This paragraph provides credit for actions required by
paragraphs (g), (h), (i), and (j) of this AD, if those actions were
performed before the effective date of this AD using BAE Systems
(Operations) Limited Inspection Service Bulletin J41-24-043, dated
September 27, 2011; or BAE Systems (Operations) Limited Inspection
Service Bulletin J41-24-043, Revision 1, dated January 16, 2012;
which are not incorporated by reference in this AD.
(m) 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: 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: [email protected]. 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) 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.
(n) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) European Aviation Safety Agency Airworthiness Directive 2014-
0006, dated January 7, 2014, for related information. This MCAI may
be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-
2014-0619.
[[Page 52273]]
(2) 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
[email protected]; Internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm. 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.
Issued in Renton, Washington, on August 25, 2014.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-20940 Filed 9-2-14; 8:45 am]
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