[Federal Register Volume 70, Number 176 (Tuesday, September 13, 2005)]
[Rules and Regulations]
[Pages 53915-53917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18059]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20404; Directorate Identifier 2005-NM-018-AD; 
Amendment 39-14268; AD 2005-19-03]
RIN 2120-AA64


Airworthiness Directives; BAe Systems (Operations) Limited Model 
ATP Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD), which applies to all BAe Systems (Operations) Limited Model ATP 
airplanes. That AD currently requires revising the Airworthiness 
Limitations Section (ALS) of the Instructions for Continued 
Airworthiness to incorporate life limits for certain items and 
inspections to detect fatigue cracking in certain structures. This new 
AD requires a revision to the ALS of the Instructions for Continued 
Airworthiness to incorporate new inspections to detect fatigue cracking 
of certain significant structural items (SSIs) and to revise life 
limits for certain equipment and various components. This AD is 
prompted by a determination that existing inspection techniques are not 
adequate for certain SSIs and by the revision of certain life limits. 
We are issuing this AD to detect and correct fatigue cracking of 
certain structural elements, which could adversely affect the 
structural integrity of these airplanes.

DATES: Effective September 28, 2005.
    We must receive comments on this AD by November 14, 2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this AD.
    <bullet> DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
    <bullet> Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
    <bullet> Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street SW., Nassif Building, room PL-401, 
Washington, DC 20590.
    <bullet> Fax: (202) 493-2251.
    <bullet> Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9:00 
a.m. and 5:00 p.m., Monday through Friday, except Federal holidays.
    Contact British Aerospace Regional Aircraft American Support, 13850 
Mclearen Road, Herndon, Virginia 20171, for service information 
identified in this AD.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1175; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    On December 22, 2000, we issued AD 2000-26-10, amendment 39-12060 
(66 FR 267, January 3, 2001). That AD is applicable to all BAe Systems 
(Operations) Limited Model ATP airplanes. That AD requires revising the 
Airworthiness Limitations section (ALS) of the Instructions for 
Continued Airworthiness to incorporate life limits for certain items 
and inspections to detect fatigue cracking in certain structures. That 
AD resulted from a revision to the airworthiness limitations of the 
British Aerospace ATP Aircraft Maintenance Manual, which specifies new 
inspections and compliance times for inspection and replacement action. 
The actions specified in that AD are intended to detect and correct 
fatigue cracking of certain structural elements, which could adversely 
affect the structural integrity of these airplanes.

Actions Since Existing AD Was Issued

    Since we issued AD 2000-26-10, the Civil Aviation Authority (CAA), 
which is the airworthiness authority for the United Kingdom, notified 
us that an unsafe condition may exist on all BAe Systems (Operations) 
Limited Model ATP airplanes. The CAA advises that existing inspection 
techniques given in Section 05-10-17 of the British Aerospace ATP 
Aircraft Maintenance Manual (AMM) are not adequate for certain 
structurally significant items (SSIs) and that certain mandatory life 
limitations given in Section 05-10-11 of the AMM have been revised. 
(The AMMs are described under ``Relevant Service Information'' below.) 
Inadequate inspection techniques or replacement intervals could result 
in fatigue cracking of certain structural elements, which could 
adversely affect the structural integrity of these airplanes.

Relevant Service Information

    British Aerospace has issued revisions to Section 05-10-11, 
``Mandatory Life Limitations (Airframe)'' and Section 05-10-17, 
``Structurally Significant Items (SSI'S)'' both dated July 15, 2004; of 
the British Aerospace ATP AMM, which refer to additional chapters of 
the AMM. Those revised sections of the AMM include mandatory life 
limitations for the airframe and power plant/engine; and structural 
inspections of the fuselage, engine, horizontal stabilizer, and wing 
bottom surface. The revised section also describes new inspections and 
compliance times for inspection and replacement actions. Accomplishment 
of those actions will preclude the onset of fatigue cracking of certain 
structural elements of the airplane.
    Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition. The CAA mandated 
the service information and issued British airworthiness directive G-
2004-0020, dated August 25, 2004, to ensure the continued airworthiness 
of these airplanes in the United Kingdom.

FAA's Determination and Requirements of This AD

    This airplane model is manufactured in the United Kingdom and is 
type certificated for operation in the United States under the 
provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 
21.29) and the applicable bilateral airworthiness agreement. Pursuant 
to this bilateral airworthiness agreement, the CAA has kept the FAA 
informed of the situation described above. We have examined the CAA's 
findings, evaluated all pertinent information, and determined that we 
need to issue an AD for products of this type design that are 
certificated for operation in the United States.
    Therefore, we are issuing this AD to supersede AD 2000-26-10 and to 
continue to require a revision to the ALS of the Instructions for 
Continued Airworthiness to incorporate inspections to detect fatigue 
cracking of certain SSIs. This new AD revises life limits for certain 
equipment and various components that are specified in the previously 
referenced service information.

Clarification of British Airworthiness Directive

    Operators should note that British airworthiness directive G-2004-
0020 specifies to do the tasks for chapters 27, 32, 52, 53, and 54 in 
Section 05-10-11 of the British Aerospace ATP AMM. However, there are 
no tasks for chapter 52 listed in Section 05-10-11. Therefore, this AD 
requires incorporating the tasks for Chapters 27,

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32, 53, and 54 listed in Section 05-10-11.

Costs of Compliance

    None of the airplanes affected by this action are on the U.S. 
Register. Although 10 airplanes were on the U.S. Register at the time 
of issuance of AD 2000-26-10, all airplanes affected by this AD are 
currently operated by non-U.S. operators under foreign registry; 
therefore, these airplanes are not directly affected by this AD action. 
However, we consider this AD necessary to ensure that the unsafe 
condition is addressed if any affected airplane is imported and placed 
on the U.S. Register in the future.
    If an affected airplane is imported and placed on the U.S. Register 
in the future, the required actions would take about 1 work hour per 
airplane, at an average labor rate of $65 per work hour. Based on these 
figures, the estimated cost of the AD would be $65 per airplane.

FAA's Determination of the Effective Date

    No airplane affected by this AD is currently on the U.S. Register. 
Therefore, providing notice and opportunity for public comment is 
unnecessary before this AD is issued, and this AD may be made effective 
in less than 30 days after it is published in the Federal Register.

Comments Invited

    This AD is a final rule that involves requirements that affect 
flight safety and was not preceded by notice and an opportunity for 
public comment; however, we invite you to submit any relevant written 
data, views, or arguments regarding this AD. Include ``Docket No. FAA-
2005-20404; Directorate Identifier 2005-NM-018-AD'' at the beginning of 
your comments. We specifically invite comments on the overall 
regulatory, economic, environmental, and energy aspects of the AD. We 
will consider all comments received by the closing date and may amend 
the AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this AD. Using the search function of that web 
site, anyone can find and read the comments in any of our dockets, 
including the name of the individual who sent the comment (or signed 
the comment on behalf of an association, business, labor union, etc.). 
You may review the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477-78), or you may visit 
http://dms.dot.gov.

Examining the Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the Docket Management System 
receives them.

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 have 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 the 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); 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. See the ADDRESSES section for a location to 
examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

0
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 amendment 39-12060 (66 FR 
267, January 3, 2001) and by adding the following new airworthiness 
directive (AD):

2005-19-03 BAE Systems (Operations) Limited (Formerly British 
Aerospace Regional Aircraft): Amendment 39-14268. Docket No. FAA-
2005-20404; Directorate Identifier 2005-NM-018-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective 
September 28, 2005.

Affected ADs

    (b) This AD supersedes AD 2000-26-10, amendment 39-12060.

Applicability

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

    Note 1: This AD requires revisions to certain operator 
maintenance documents to include new inspections. Compliance with 
these inspections is required by 14 CFR 91.403(c). For airplanes 
that have been previously modified, altered, or repaired in the 
areas addressed by these inspections, the operator may not be able 
to accomplish the inspections described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must 
request approval for an alternative method of compliance according 
to paragraph (i) of this AD. The request should include a 
description of changes to the required inspections that will ensure 
the continued damage tolerance of the affected structure. The FAA 
has provided guidance for this determination in Advisory Circular 
(AC) 25-1529.

Unsafe Condition

    (d) This AD was prompted by a determination that existing 
inspection techniques are not adequate for certain structurally 
significant items and by the revision of certain life limits. We are 
issuing this AD to detect and correct fatigue cracking of certain 
structural elements, which could

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adversely affect the structural integrity of these airplanes.

Compliance

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

Restatement of Requirements of AD 2000-26-10

Airworthiness Limitations Revision

    (f) Within 30 days after February 7, 2001 (the effective date of 
AD 2000-26-10), revise the Airworthiness Limitations section (ALS) 
of the Instructions for Continued Airworthiness according to a 
method approved by the Manager, International Branch, ANM-116, 
Transport Airplane Directorate, FAA. One approved method is by 
incorporating Section 05-00-00, dated August 15, 1997, of the 
British Aerospace ATP Aircraft Maintenance Manual (AMM), dated 
October 15, 1999, into the ALS. This section references other 
chapters of the AMM. The applicable revision level of the referenced 
chapters is that in effect on February 7, 2001. Doing the revision 
specified in paragraph (g) of this AD replaces Chapters 27, 32, 53, 
and 54 listed in Section 05-10-11 and Chapters 52, 53, 54, 55, and 
57 listed in Section 05-10-17 that are in effect on February 7, 
2001, with Chapters 27, 32, 53, and 54 listed in Section 05-10-11, 
``Mandatory Life Limitations (Airframe)'; and Chapters 52, 53, 54, 
55, and 57 listed in Section 05-10-17, ``Structurally Significant 
Items (SSI'S)''; both dated July 15, 2004; of the British Aerospace 
ATP AMM.

New Requirements of This AD

New Airworthiness Limitations

    (g) Within 30 days after the effective date of this AD, revise 
the ALS of the Instructions for Continued Airworthiness according to 
a method approved by the Manager, International Branch, ANM-116, 
Transport Airplane Directorate, FAA. One approved method is by 
incorporating the tasks for Chapters 27, 32, 53, and 54 listed in 
Section 05-10-11, ``Mandatory Life Limitations (Airframe)''; and the 
tasks for Chapters 52, 53, 54, 55, and 57 listed in Section 05-10-
17, ``Structurally Significant Items (SSI'S)''; both dated July 15, 
2004; of the British Aerospace ATP AMM; into the ALS. These chapters 
replace the corresponding chapters in Section 05-00-00, dated August 
15, 1997, of the British Aerospace ATP AMM as specified in paragraph 
(f) of this AD.
    (h) Except as provided by paragraph (i) of this AD: After the 
actions specified in paragraphs (f) and (g) of this AD have been 
accomplished, no alternative inspections or inspection intervals may 
be approved for the structural elements specified in the documents 
listed in paragraphs (f) and (g) of this AD.

Alternative Methods of Compliance (AMOCs)

    (i) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.

Related Information

    (j) British airworthiness directive G-2004-0020, dated August 
25, 2004, also addresses the subject of this AD.

Material Incorporated by Reference

    (k) None.

    Issued in Renton, Washington, on September 6, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-18059 Filed 9-12-05; 8:45 am]
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