[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 [www.gpo.gov]
[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 [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. It is also
available on the Internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2015-1279.
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-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
(http://ad.easa.europa.eu/ad/2010-0098) 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 http://www.regulations.gov 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:
Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
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: [email protected].
(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 http://www.regulations.gov 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
[email protected]; Internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm.
(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: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
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]
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