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[Federal Register Volume 76, Number 239 (Tuesday, December 13, 2011)]
[Rules and Regulations]
[Pages 77376-77378]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31314]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0911; Directorate Identifier 2010-NM-248-AD; 
Amendment 39-16883; AD 2011-25-07]
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 results from 
mandatory continuing airworthiness information (MCAI) originated by an 
aviation authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as:

    A door failure mode has been reported by an operator.
    Investigation has shown that the passenger/crew entry door pin-
guide plates can fail prior to the expected fatigue life. A 
metallurgical examination of the failed component (lower guide 
plate) concluded that the occurred failure was due to exfoliation 
corrosion.
    The current inspection regime is not adequate to identify early 
stages of this corrosion.
    This condition, if not corrected, can lead to the sudden 
depressurisation of the aeroplane and consequently may injure the 
occupants.
* * * * *
We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective January 17, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 17, 
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, 
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 August 31, 2011 (76 
FR 54139). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    A door failure mode has been reported by an operator.
    Investigation has shown that the passenger/crew entry door pin-
guide plates can fail prior to the expected fatigue life. A 
metallurgical examination of the failed component (lower guide 
plate) concluded

[[Page 77377]]

that the occurred failure was due to exfoliation corrosion.
    The current inspection regime is not adequate to identify early 
stages of this corrosion.
    This condition, if not corrected, can lead to the sudden 
depressurisation of the aeroplane and consequently may injure the 
occupants.
    For the reasons described above, this [EASA] AD requires 
immediate and periodic ultrasonic inspections [for a split caused by 
exfoliation corrosion] of the door pin guides and the accomplishment 
of the relevant corrective actions [replacing the affected 
guideplates] as necessary.

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 (76 FR 54139, August 31, 
2011) 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.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a Note within the AD.

Costs of Compliance

    We estimate that this AD will affect 2 products of U.S. registry. 
We also estimate that it will take about 2 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 $340, or $170 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 2 work-hours and require parts costing $525 for a cost of 
$695 per product. We have no way of determining the number of products 
that may need these actions.

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 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); and
    3. 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 (76 FR 54139, August 31, 
2011), 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:

2011-25-07 BAE Systems (Operations) Limited: Amendment 39-16883. 
Docket No. FAA-2011-0911; Directorate Identifier 2010-NM-248-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective January 
17, 2012.

Affected ADs

    (b) None.

Applicability

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

Subject

    (d) Air Transport Association (ATA) of America Code 52: Doors.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    A door failure mode has been reported by an operator.
    Investigation has shown that the passenger/crew entry door pin-
guide plates can fail prior to the expected fatigue life. A 
metallurgical examination of the failed component (lower guide 
plate) concluded that the occurred failure was due to exfoliation 
corrosion.
    The current inspection regime is not adequate to identify early 
stages of this corrosion.
    This condition, if not corrected, can lead to the sudden 
depressurisation of the aeroplane and consequently may injure the 
occupants.
* * * * *

Compliance

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

Actions

    (g) Within 6 months after the effective date of this AD, do an 
ultrasonic inspection of the passenger/crew door upper and lower 
guide

[[Page 77378]]

plates for a split caused by exfoliation corrosion, in accordance 
with the Accomplishment Instructions of BAE SYSTEMS (Operations) 
Limited Service Bulletin J41-52-064, dated September 15, 2009. 
Repeat the ultrasonic inspection, thereafter, at intervals not to 
exceed 48 months.
    (h) If a split caused by exfoliation corrosion of an area of 
78mm\2\ (0.12 in.\2\) or greater is found during any ultrasonic 
inspection required by paragraph (g) of this AD: Before further 
flight, replace any affected guide plates with a serviceable guide 
plate, in accordance with the Accomplishment Instructions of BAE 
Systems (Operations) Limited Service Bulletin J41-52-064, dated 
September 15, 2009.

FAA AD Differences

    Note 1:  This AD differs from the MCAI and/or service 
information as follows: No differences.

Other FAA AD Provisions

    (i) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, 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.

Related Information

    (j) Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2010-0179, dated August 30, 2010; and BAE Systems 
(Operations) Limited Service Bulletin J41-52-064, dated September 
15, 2009; for related information.

Material Incorporated by Reference

    (k) You must use the following service information to do the 
actions required by this AD, unless the AD specifies otherwise. The 
Director of the Federal Register approved the incorporation by 
reference (IBR) under 5 U.S.C. 552(a) and 1 CFR part 51 of the 
following service information on the date specified:
    (1) BAE Systems (Operations) Limited Service Bulletin J41-52-
064, dated September 15, 2009, approved for IBR January 17, 2012.
    (2) For BAE Systems (Operations) Limited service information 
identified in this AD, contact 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.
    (3) 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.
    (4) 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 November 23, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-31314 Filed 12-12-11; 8:45 am]
BILLING CODE 4910-13-P
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