Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 53915 

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. 

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. 

• DOT Docket Web site: Go to http:// 

dms.dot.gov and follow the instructions 

for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street SW., Nassif Building, 

room PL–401, Washington, DC 20590. 

• Fax: (202) 493–2251. 

• 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, 

53916 Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 

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 nonU.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 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 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 

Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 53917 

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] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2005–21448; Airspace 

Docket No. 05–AAL–16] 

Establishment of Class E Airspace; 

Golovin, AK 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes Class 

E airspace at Golovin, AK to provide 

adequate controlled airspace to contain 

aircraft executing two new Standard 

Instrument Approach Procedures 

(SIAPs) and one new departure 

procedure. This rule results in new 

Class E airspace upward from 700 feet 

(ft.) and 1,200 ft. above the surface at 

Golovin, AK. 

EFFECTIVE DATE: This final rule is 

effective September 13, 2005. 

FOR FURTHER INFORMATION CONTACT: Gary 

Rolf, AAL–538G, Federal Aviation 

Administration, 222 West 7th Avenue, 

Box 14, Anchorage, AK 99513–7587; 

telephone number (907) 271–5898; fax: 

(907) 271–2850; email: 

gary.ctr.rolf@faa.gov. Internet address: 

http://www.alaska.faa.gov/at. 

SUPPLEMENTARY INFORMATION: 

History 

On Friday, June 24, 2005, the FAA 

proposed to amend part 71 of the 

Federal Aviation Regulations (14 CFR 

part 71) to create new Class E airspace 

upward from 700 ft. and 1,200 ft. above 

the surface at Golovin, AK (70 FR 

36544). The action was proposed in 

order to create Class E airspace 

sufficient in size to contain aircraft 

while executing two new SIAPs and one 

new departure procedure for the 

Golovin Airport. The new approaches 

are (1) Area Navigation (Global 

Positioning System) (RNAV (GPS)) 

Runway (RWY) 02, original; and (2) 

RNAV (GPS)–A, original. The new 

departure procedure is the Nome ONE 

Departure. New Class E controlled 

airspace extending upward from 700 ft. 

and 1,200 ft. above the surface in the 

Golovin Airport area is established by 

this action. Interested parties were 

invited to participate in this rulemaking 

proceeding by submitting written 

comments on the proposal to the FAA. 

No public comments have been 

received; thus the rule is adopted as 

proposed. 

The area will be depicted on 

aeronautical charts for pilot reference. 

The coordinates for this airspace docket 

are based on North American Datum 83. 

The Class E airspace areas designated as 

700/1200 ft. transition areas are 

published in paragraph 6005 of FAA 

Order 7400.9M, Airspace Designations 

and Reporting Points, dated August 30, 

2004, and effective September 16, 2004, 

which is incorporated by reference in 14 

CFR 71.1. The Class E airspace 

designation listed in this document will 

be published subsequently in the Order. 

The Notice of Proposed Rulemaking 

document included an airspace 

exclusion to the Nome Class E airspace. 

That exclusion was not neccessary and 

it is not included in this action. 

The Rule 

This amendment to 14 CFR part 71 

establishes Class E airspace at Golovin, 

Alaska. This Class E airspace is 

designated to accommodate aircraft 

executing two new SIAPs and one new 

departure procedure and will be 

depicted on aeronautical charts for pilot 

reference. The intended effect of this 

rule is to provide adequate controlled 

airspace for Instrument Flight Rule (IFR) 

operations at Golovin Airport, Golovin, 

Alaska. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. It, therefore—(1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this rule will not have 

a significant economic impact on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in