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[Federal Register Volume 77, Number 117 (Monday, June 18, 2012)]
[Rules and Regulations]
[Pages 36127-36129]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13800]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0188; Directorate Identifier 2011-NM-120-AD; 
Amendment 39-17079; AD 2012-11-15]
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 reports of cracking found in the wing rear spar. This AD requires a 
one-time detailed inspection for cracks, corrosion, and other defects 
of the rear face of the wing rear spar, and repair if necessary. We are 
issuing this AD to detect and correct cracking in the rear spar, which 
could propagate to a critical length, possibly affecting the structural 
integrity of the area and resulting in a fuel tank rupture, with 
consequent damage to the airplane and possible injury to its occupants.

DATES: This AD becomes effective July 23, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of July 23, 
2012.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov 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,

[[Page 36128]]

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 March 6, 2012 (77 FR 
13228). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    Four cracks were found on a wing rear spar by an operator during 
a fuel leak investigation. The cracks were located between ribs 6 
and 7, immediately inboard of the inboard engine rib. The cracks 
initiated at adjacent fastener bores in the rear spar upper boom and 
progressed downwards, diagonally, into the rear spar web.
    Such cracking in the rear spar, if not detected and corrected, 
could propagate to a critical length, possibly affecting the 
structural integrity of the area and/or resulting in a fuel tank 
rupture, and consequent damage to the aeroplane and injury to its 
occupants.
    For the reasons described above, this [EASA] AD requires a one-
time [detailed] inspection [for cracks, corrosion, and other 
defects] of the rear face of the wing rear spar and the 
accomplishment of the associated corrective actions [i.e., repair], 
depending on findings.

You may obtain further information by examining the MCAI in the AD 
docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (77 FR 13228, March 6, 
2012) or on the determination of the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD 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 (77 FR 13228, March 6, 2012) for correcting the unsafe condition; 
and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (77 FR 13228, March 6, 2012).

Costs of Compliance

    We estimate that this AD will affect 3 products of U.S. registry. 
We also estimate that it will take about 25 work-hours 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 to the U.S. operators to be $6,375, or $2,125 per product.
    We have received no definitive data that would enable us to provide 
a cost estimates for the on-condition actions (repairing cracks, 
corrosion, and defects) 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.
    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.
    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 http://www.regulations.gov; 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 (77 FR 13228, March 6, 2012), 
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 adding the following new AD:

2012-11-15 BAE SYSTEMS (Operations) Limited: Amendment 39-17079. 
Docket No. FAA-2012-0188; Directorate Identifier 2011-NM-120-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective July 23, 
2012.

(b) Affected ADs

    None.

(c) Applicability

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

(d) Subject

    Air Transport Association (ATA) of America Code 57: Wings.

(e) Reason

    This AD was prompted by reports of cracking found in the wing 
rear spar. We are issuing this AD to detect and correct cracking in 
the rear spar, which could propagate to a critical length, possibly 
affecting the structural integrity of the area and resulting in a 
fuel tank rupture, with consequent damage to the airplane and 
possible injury to its occupants.

(f) Compliance

    You are responsible for having the actions required by this AD 
performed within the compliance times specified, unless the actions 
have already been done.

(g) Detailed Inspection and Repair

    Within 300 flight hours after the effective date of this AD, or 
before further flight if a

[[Page 36129]]

fuel leak is detected in the vicinity of a wing rear spar, whichever 
occurs first: Do a detailed inspection for cracks, corrosion, and 
other defects (defects include scratches, dents, holes, damage to 
fastener holes, or damage to surface protection and finish) of the 
rear face of the wing rear spars, in accordance with the 
Accomplishment Instructions of BAE SYSTEMS (Operations) Limited 
Alert Service Bulletin J41-A57-029, dated May 6, 2011.
    (1) If any cracking, corrosion, or other defect is found to be 
within the criteria defined in Subject 57-00-00, Wings General, of 
Chapter 57, Wings, of the Jetstream Series 4100 Structural Repair 
Manual, Volume 1, Revision 30, dated April 15, 2007: Before further 
flight, repair the damage, in accordance with the repair 
instructions specified in Subject 57-00-00, Wings General, of 
Chapter 57, Wings, of the Jetstream Series 4100 Structural Repair 
Manual, Volume 1, Revision 30, dated April 15, 2007.
    (2) If any cracking, corrosion, or other defect is found 
exceeding the criteria as specified in Subject 57-00-00, Wings 
General, of Chapter 57, Wings, of the Jetstream Series 4100 
Structural Repair Manual, Volume 1, Revision 30, dated April 15, 
2007: Before further flight, repair the condition, in accordance 
with a method approved by the Manager, International Branch, ANM-
116, Transport Airplane Directorate, FAA, or EASA (or its delegated 
agent).

(h) Reporting

    Submit a report of the findings of the inspection required by 
paragraph (g) of this AD, including a report of no defects, to 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 
RApublications@baesystems.com; Internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm, at the applicable time 
specified in paragraph (h)(1) or (h)(2) of this AD.
    (1) If the inspection was done on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (2) If the inspection was done before the effective date of this 
AD: Submit the report within 30 days after the effective date of 
this AD.

(i) 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, 
Washington 98057-3356; telephone 425-227-1175; fax 425-227-1149. 
Information may be emailed to: 9-ANM-116-AMOC-REQUESTS@faa.gov. 
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.
    (3) Reporting Requirements: A federal agency may not conduct or 
sponsor, and a person is not required to respond to, nor shall a 
person be subject to a penalty for failure to comply with a 
collection of information subject to the requirements of the 
Paperwork Reduction Act unless that collection of information 
displays a current valid OMB Control Number. The OMB Control Number 
for this information collection is 2120-0056. Public reporting for 
this collection of information is estimated to be approximately 5 
minutes per response, including the time for reviewing instructions, 
completing and reviewing the collection of information. All 
responses to this collection of information are mandatory. Comments 
concerning the accuracy of this burden and suggestions for reducing 
the burden should be directed to the FAA at: 800 Independence Ave. 
SW., Washington, DC 20591, Attn: Information Collection Clearance 
Officer, AES-200.

(j) Related Information

    Refer to MCAI EASA Airworthiness Directive 2011-0096, dated May 
25, 2011, and the service information specified in paragraphs (j)(1) 
and (j)(2) of this AD, for related information.
    (1) BAE SYSTEMS (Operations) Limited Alert Service Bulletin J41-
A57-029, dated May 6, 2011.
    (2) Subject 57-00-00, Wings General, of Chapter 57, Wings, of 
the Jetstream Series 4100 Structural Repair Manual, Volume 1, 
Revision 30, dated April 15, 2007.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the following service 
information under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use the following service information to do the 
actions required by this AD, unless the AD specifies otherwise.
    (i) BAE SYSTEMS (Operations) Limited Alert Service Bulletin J41-
A57-029, dated May 6, 2011.
    (ii) Subject 57-00-00, Wings General, of Chapter 57, Wings, of 
the Jetstream Series 4100 Structural Repair Manual, Volume 1, 
Revision 30, dated April 15, 2007. The revision level and date of 
this document are identified only in the Record of Revisions section 
of this document.
    (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 
RApublications@baesystems.com; Internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm.
    (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 an NARA facility, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on March 31, 2012.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-13800 Filed 6-15-12; 8:45 am]
BILLING CODE 4910-13-P
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