[Federal Register Volume 70, Number 193 (Thursday, October 6, 2005)]
[Rules and Regulations]
[Pages 58295-58298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19832]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22586; Directorate Identifier 2002-NM-258-AD; 
Amendment 39-14315; AD 2005-20-19]
RIN 2120-AA64


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

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

[[Page 58296]]


ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
BAE Systems (Operations) Limited Model ATP airplanes. This AD requires 
one-time inspections for corrosion of the engine sub-frame tubes in 
zone 1 and of the engine attachment struts in zone 5, and corrective 
action if necessary. This AD results from reports of reduced thickness 
in localized areas of the engine sub-frame tubes due to corrosion, and 
reports that corrosion may also exist in the engine attachment struts 
in zone 5. We are issuing this AD to prevent failure of the engine sub-
frame tubes or the engine attachment struts, which could result in 
separation of an engine from the airplane.

DATES: This AD becomes effective October 21, 2005.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of October 21, 
2005.
    We must receive comments on this AD by December 5, 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 a.m. 
and 5 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

    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 there have been reports indicating reduced 
thickness in localized areas of the engine sub-frame tubes due to 
corrosion. Such corrosion may also exist in the engine attachment 
struts in zone 5. This condition, if not corrected, could result in 
failure of the engine sub-frame tubes or the engine attachment struts, 
and consequent separation of an engine from the airplane.

Relevant Service Information

    BAE Systems (Operations) Limited has issued Service Bulletins ATP-
54-18 and ATP-54-19, both dated March 2, 2001. Service Bulletin ATP-54-
18 describes procedures for performing an X-ray (radiographic) 
inspection for corrosion of the engine sub-frame tubes in Zone 1, and 
doing corrective action if necessary. Service Bulletin ATP-54-19 
describes procedures for performing an X-ray (radiographic) inspection 
for corrosion of the engine attachment struts in Zone 5, and doing 
corrective action if necessary. If corrosion is found, the service 
bulletins specify that the corrective action is installing a 
serviceable component, or contacting the manufacturer for instructions 
on repairing corroded components.
    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 directives 
006-03-2001 (mandating Service Bulletin ATP-54-18) and 007-03-2001 
(mandating Service Bulletin ATP-54-19) 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 prevent failure of the engine 
sub-frame tubes or the engine attachment struts, which could result in 
separation of an engine from the airplane. This AD requires 
accomplishing the actions specified in the service information 
described previously, except as discussed under ``Differences Among the 
AD, British Airworthiness Directives, and Service Bulletins.''

Differences Among the AD, British Airworthiness Directives, and Service 
Bulletins

    British airworthiness directives 006-03-2001 and 007-03-2001 
specify that compliance is required no later than August 31, 2002. We 
do not use calendar dates to establish compliance times in our ADs. In 
developing an appropriate compliance time for this AD, we considered 
the CAA's and the manufacturer's recommendations, and the degree of 
urgency associated with the subject unsafe condition. In light of these 
factors, we find that a compliance time of 180 days after the effective 
date of this AD represents an appropriate interval of time for affected 
airplanes to continue to operate without compromising safety. This 
difference has been coordinated with the CAA.
    The service bulletins specify that, in lieu of replacing a corroded 
component with a serviceable component, operators may contact the 
manufacturer for information on the ``serviceability'' of corroded 
components. If any corrosion is found, this AD requires, before further 
flight, replacing the corroded component with a serviceable component, 
or repairing the corroded component using a method that we or the CAA 
(or its delegated agent) approve. In light of the type of repair that 
would be required to address the unsafe condition, and consistent with 
existing bilateral airworthiness agreements, we have determined that, 
for this AD, a repair we or the CAA approve would be acceptable for 
compliance with the repair provision of this AD.

Costs of Compliance

    None of the airplanes affected by this action are on the U.S. 
Register. All airplanes affected by this AD are currently operated by 
non-U.S. operators under foreign registry; therefore, they 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 7 work hours per 
airplane, at an average labor rate of $65 per work hour. Based on these 
figures, the estimated cost of the AD would be $455 per airplane.

[[Page 58297]]

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. Send your comments to an 
address listed in the ADDRESSES section. Include ``Docket No. FAA-2005-
22586; Directorate Identifier 2002-NM-258-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the AD that might 
suggest a need to modify it.
    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 and placed it in the AD docket. 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, Incorporation by 
reference, 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2005-20-19 BAE Systems (Operations) Limited (Formerly British 
Aerospace Regional Aircraft): Amendment 39-14315. Docket No. FAA-
2005-22586; Directorate Identifier 2002-NM-258-AD.

Effective Date

    (a) This AD becomes effective October 21, 2005.

Affected ADs

    (b) None.

Applicability

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

Unsafe Condition

    (d) This AD results from reports of reduced thickness in 
localized areas of the engine sub-frame tubes due to corrosion, and 
reports that corrosion may also exist in the engine attachment 
struts in zone 5. The FAA is issuing this AD to prevent failure of 
the engine sub-frame tubes or the engine attachment struts, which 
could result in separation of an engine from the airplane.

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.

Inspections

    (f) Within 180 days after the effective date of this AD, perform 
X-ray (radiographic) inspections for corrosion of the engine sub-
frame tubes in Zone 1 and the engine attachment struts in Zone 5, in 
accordance with the Accomplishment Instructions of BAE Systems 
(Operations) Limited Service Bulletins ATP-54-18 and ATP-54-19, both 
dated March 2, 2001. Although the service bulletins referenced in 
this AD specify to submit inspection results to the manufacturer, 
this AD does not require that action.

Corrective Action

    (g) If any corrosion is found during the inspections required by 
paragraph (f) of this AD: Before further flight, replace the 
corroded component with a serviceable component, in accordance with 
the Accomplishment Instructions of BAE Systems (Operations) Limited 
Service Bulletins ATP-54-18 and ATP-54-19, both dated March 2, 2001; 
or repair the corroded component in accordance with a method 
approved by either the Manager, International Branch, ANM-116, 
Transport Airplane Directorate, FAA; or the Civil Aviation Authority 
(or its delegated agent).

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, International Branch, ANM-116, has the 
authority to approve AMOCs for this AD, if requested in accordance 
with the procedures found in 14 CFR 39.19.
    (2) Before using any AMOC approved in accordance with 14 CFR 
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the

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FAA Flight Standards Certificate Holding District Office.

Related Information

    (i) British airworthiness directives 006-03-2001 and 007-03-2001 
also address the subjects of this AD.

Material Incorporated by Reference

    (j) You must use BAE Systems (Operations) Limited Service 
Bulletin ATP-54-18, dated March 2, 2001; and BAE Systems 
(Operations) Limited Service Bulletin ATP-54-19, dated March 2, 
2001; to perform the actions that are required by this AD, unless 
the AD specifies otherwise. The Director of the Federal Register 
approved the incorporation by reference of these documents in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact British 
Aerospace Regional Aircraft American Support, 13850 Mclearen Road, 
Herndon, Virginia 20171, for a copy of this service information. You 
may review copies at the Docket Management Facility, U.S. Department 
of Transportation, 400 Seventh Street SW., room PL-401, Nassif 
Building, Washington, DC; on the Internet at http://dms.dot.gov; or 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at the NARA, 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 September 26, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-19832 Filed 10-5-05; 8:45 am]
BILLING CODE 4910-13-P