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[Federal Register Volume 79, Number 170 (Wednesday, September 3, 2014)]
[Proposed Rules]
[Pages 52270-52273]
From the Federal Register Online via the Government Printing 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 
RApublications@baesystems.com; 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: 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) 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 
RApublications@baesystems.com; 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]
BILLING CODE 4910-13-P
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