[Federal Register Volume 83, Number 192 (Wednesday, October 3, 2018)]
[Rules and Regulations]
[Pages 49786-49789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21344]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0511; Product Identifier 2017-NM-145-AD; Amendment 
39-19425; AD 2018-19-24]
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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SUMMARY: We are adopting a new airworthiness directive (AD) for all BAE 
Systems (Operations) Limited Model 4101 airplanes. This AD was prompted 
by a determination that inspection requirements for a number of 
maintenance tasks are incorrect. This AD requires a one-time detailed 
inspection of a certain fuselage frame and repair, if necessary, and a 
revision of the maintenance or inspection program, as applicable, to 
incorporate new or revised maintenance instructions and airworthiness 
limitations. We are issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective November 7, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of November 7, 
2018.

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 service information at the FAA, Transport Standards Branch, 2200 
South 216th St., Des Moines, WA. For information on the availability of 
this material at the FAA, call 206-231-3195. It is also available on 
the internet at http://www.regulations.gov by searching for and 
locating Docket No. FAA-2018-0511.

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-2018-
0511; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this final rule, the regulatory evaluation, any comments received, and 
other information. The address for Docket Operations (phone: 800-647-
5527) is 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: Todd Thompson, Aerospace Engineer, 
International Section, Transport Standards Branch, FAA, 2200 South 
216th St., Des Moines, WA 98198; telephone and fax 206-231-3228.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to all BAE Systems 
(Operations) Limited Model 4101 airplanes. The NPRM published in the 
Federal Register on June 14, 2018 (83 FR 27721). The NPRM was prompted 
by a determination that inspection

[[Page 49787]]

requirements for a number of maintenance tasks are incorrect. The NPRM 
proposed to require a one-time detailed inspection of a certain 
fuselage frame and repair, if necessary, and a revision of the 
maintenance or inspection program, as applicable, to incorporate new or 
revised maintenance instructions and airworthiness limitations.
    We are issuing this AD to address cracking in fuselage frame 90, 
which could cause it to fail and thereby compromise the structural 
integrity of the aircraft pressure hull. We are also issuing this AD to 
address fatigue damage of various airplane structures, which could 
result in reduced structural integrity of the airplane.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2017-0187, dated September 22, 2017 (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:

    Maintenance instructions for BAE Jetstream 4100 aeroplanes, 
which are approved by EASA, are defined in BAE Systems (Operations) 
Ltd Jetstream 4100 Service Bulletin (SB) J41-51-001, which 
references certain Aircraft Maintenance Manual (AMM) tasks. These 
instructions have been identified as mandatory for continued 
airworthiness.
    Failure to accomplish these instructions could result in an 
unsafe condition.
    CAA UK [Civil Aviation Authority United Kingdom] issued AD 005-
02-2002 [which corresponds to FAA AD 2005-15-11, Amendment 39-14200 
(70 FR 43025, July 26, 2005) (``AD 2005-15-11'')] to require 
operators to comply with the inspection instructions as referenced 
in SB J41-51-001 at original issue.
    Since that [CAA UK ] AD was issued, BAE Systems (Operations) Ltd 
have determined that the inspection requirements for a number of 
maintenance tasks are incorrect. Consequently, existing inspection 
items 52-20-013, 53-10-006, 53-10-025, 53-10-029 and 53-10-079 will 
be amended in Chapter 05 of the AMM. Compliance periods for these 
changes are given in BAE Systems (Operations) Ltd SB J41-51-001 (now 
at Revision 4) and BAE Systems (Operations) Ltd Alert SB J41-A53-
058. Those fatigue inspections detailed in SB J41-51-001, at 
Revision 3 or earlier, have now been incorporated into Chapter 05 of 
the AMM. To avoid duplication these tasks are deleted from SB J41-
51-001 at Revision 4.
    For the reason described above, this [EASA] AD retains the 
requirements of CAA UK AD 005-02-2002, which is superseded, and 
requires accomplishment of the actions specified in BAE Systems 
(Operations) Ltd Jetstream 4100 SB J41-51-001 Revision 4 and Alert 
SB J41-A53-058 (hereafter collectively referred to as `the SB' in 
this [EASA] AD).

    The actions include a one-time detailed inspection of fuselage 
frame 90 for cracking or fatigue damage and repair if necessary, and 
revision of the maintenance or inspection program, as applicable, to 
incorporate new or revised maintenance instructions and airworthiness 
limitations. This AD was prompted by a determination that it is 
possible for cracks in fuselage frame 90 to exceed the critical length 
for failure in less time than the current inspection interval, and by a 
determination that inspection requirements for a number of maintenance 
tasks involving certain airworthiness limitations are incorrect. The 
unsafe condition is cracking in fuselage frame 90, which could cause it 
to fail and thereby compromise the structural integrity of the aircraft 
pressure hull; and fatigue damage of various airplane structures, which 
could result in reduced structural integrity 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-2018-
0511.

Comments

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

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting this final rule as proposed, 
except for minor editorial changes. We have determined that these minor 
changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing 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

    BAE Systems (Operations) Limited has issued the following service 
information.
     Service Bulletin J41-51-001, Revision 4, dated July 11, 
2017. This service information describes new inspections and revisions 
to existing inspection requirements and thresholds.
     Alert Service Bulletin J41-A53-058, dated December 6, 
2016. This service information describes procedures for a detailed 
inspection for cracking or fatigue damage of fuselage frame 90.
    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.

Costs of Compliance

    We estimate that this AD affects 4 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection............................  2 work-hours x $85 per                $0            $170            $680
                                         hour = $170.
----------------------------------------------------------------------------------------------------------------

    We have determined that revising the maintenance or inspection 
program takes an average of 90 work-hours per operator, although we 
recognize that this number may vary from operator to operator. In the 
past, we have estimated that this action takes 1 work-hour per 
airplane. Since operators incorporate maintenance or inspection program 
changes for their affected fleet(s), we have determined that a per-
operator estimate is more accurate than a per-airplane estimate. 
Therefore, we estimate the total cost per operator to be $7,650 (90 
work-hours x $85 per work-hour).
    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this 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.

[[Page 49788]]

    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.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to transport category airplanes and 
associated appliances to the Director of the System Oversight Division.

Regulatory Findings

    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 adding the following new airworthiness 
directive (AD):

2018-19-24 BAE Systems (Operations) Limited: Amendment 39-19425; 
Docket No. FAA-2018-0511; Product Identifier 2017-NM-145-AD.

(a) Effective Date

    This AD is effective November 7, 2018.

(b) Affected ADs

    This AD affects AD 2005-15-11, Amendment 39-14200 (70 FR 43025, 
July 26, 2005) (``AD 2005-15-11'').

(c) Applicability

    This AD applies to all BAE Systems (Operations) Limited Model 
4101 airplanes, certificated in any category, all manufacturer 
serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that it is possible for 
cracks in fuselage frame 90 to exceed the critical length for 
failure in less time than the current inspection interval; and a 
determination that inspection requirements for a number of 
maintenance tasks involving certain airworthiness limitations are 
incorrect. We are issuing this AD to address cracking in fuselage 
frame 90, which could cause it to fail and thereby compromise the 
structural integrity of the aircraft pressure hull. We are also 
issuing this AD to address fatigue damage of various airplane 
structures, which could result in reduced structural integrity of 
the airplane.

(f) Compliance

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

(g) Inspection

    At the compliance times specified in paragraphs (g)(1) and 
(g)(2) of this AD, as applicable: Do a detailed inspection of 
fuselage frame 90 for cracking or fatigue damage, in accordance with 
the Accomplishment Instructions of BAE Systems (Operations) Limited 
Alert Service Bulletin J41-A53-058, dated December 6, 2016. If any 
cracking or fatigue damage is found: Before further flight, repair 
using a method approved by the Manager, International Section, 
Transport Standards Branch, FAA; or the European Aviation Safety 
Agency (EASA); or BAE Systems (Operations) Limited's EASA Design 
Organization Approval (DOA).
    (1) For airplanes with 6,300 flight cycles or fewer since 
Structural Significant Items (SSI) 53-10-029 (Maintenance Planning 
Document (MPD) 531029-DVl-10010-1) was last accomplished: Within 
6,600 flight cycles after the last accomplishment of SSI 53-10-029 
(MPD 531029-DVl-10010-1), or within 6 months after the effective 
date of this AD, whichever is later.
    (2) For airplanes with more than 6,300 flight cycles since SSI 
53-10-029 (MPD 531029-DVl-10010-1) was last accomplished: Within 300 
flight cycles or 4.5 months, whichever is earlier, since the last 
accomplishment of SSI 53-10-029 (MPD 531029-DVl-10010-1), or within 
6 months after the effective date of this AD, whichever is later.

(h) Maintenance or Inspection Program Revisions

    Within 90 days after the effective date of this AD: Revise the 
maintenance or inspection program, as applicable, by incorporating 
the maintenance tasks and associated thresholds and intervals 
described in, and in accordance with, the Accomplishment 
Instructions of BAE Systems (Operations) Limited Service Bulletin 
J41-51-001, Revision 4, dated July 11, 2017. The initial compliance 
times for new or revised tasks are at the applicable times specified 
in BAE Systems (Operations) Limited Service Bulletin J41-51-001, 
Revision 4, dated July 11, 2017, or within 6 months after the 
effective date of this AD, whichever is later.

(i) No Alternative Actions and Intervals

    After the maintenance or inspection program has been revised as 
required by paragraph (h) of this AD, no alternative actions (e.g., 
inspections) or intervals may be used unless the actions or 
intervals are approved as an alternative method of compliance (AMOC) 
in accordance with the procedures specified in paragraph (l)(1) of 
this AD.

(j) Terminating Action for Requirements of AD 2005-15-11

    Accomplishment of the actions required by paragraph (h) of this 
AD terminates all requirements of AD 2005-15-11.

(k) No Reporting Requirement

    Although the Accomplishment Instructions of BAE Systems 
(Operations) Limited Alert Service Bulletin J41-A53-058, dated 
December 6, 2016, specify to submit certain information to the 
manufacturer, this AD does not include that requirement.

(l) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Section, Transport Standards Branch, 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 Section, send it to the attention of 
the person identified in paragraph (m)(2) of this AD. Information 
may be emailed to: 9-ANM-116-AMOC-

[[Page 49789]]

[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.
    (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 
Section, Transport Standards Branch, FAA; or EASA; or BAE Systems 
(Operations) Limited's EASA 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 AD 2017-0187, dated September 22, 2017, 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-2018-0511.
    (2) For more information about this AD, contact Todd Thompson, 
Aerospace Engineer, International Section, Transport Standards 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3228.

(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.
    (i) BAE Systems (Operations) Limited Alert Service Bulletin J41-
A53-058, dated December 6, 2016.
    (ii) BAE Systems (Operations) Limited Service Bulletin J41-51-
001, Revision 4, dated July 11, 2017.
    (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; email 
[email protected]; internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm.
    (4) You may view this service information at the FAA, Transport 
Standards Branch, 2200 South 216th St., Des Moines, WA. For 
information on the availability of this material at the FAA, call 
206-231-3195.
    (5) 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 Des Moines, Washington, on September 14, 2018.
John P. Piccola,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-21344 Filed 10-2-18; 8:45 am]
 BILLING CODE 4910-13-P


