[Federal Register Volume 70, Number 193 (Thursday, October 6, 2005)]
[Rules and Regulations]
[Pages 58293-58295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19833]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22583; Directorate Identifier 2002-NM-303-AD; 
Amendment 39-14318; AD 2005-20-22]
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 adopting a new airworthiness directive (AD) for all 
BAE Systems (Operations) Limited Model ATP airplanes. This AD requires 
repetitive inspections for environmental damage, including corrosion, 
of the fuselage and wing structure, and corrective actions if 
necessary. This AD results from information indicating the potential 
for environmental damage of the fuselage and wing structure. We are 
issuing this AD to detect and correct such damage, including corrosion, 
in the fuselage and wing structure, which could result in cracking and 
consequent reduced structural integrity of the fuselage and wing 
structure.

DATES: This AD becomes effective October 21, 2005.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication 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 is a potential for environmental damage of 
the fuselage and wing structure. New inspections for environmental 
damage were added to the ATP Maintenance Review Board

[[Page 58294]]

(MRB) Report and the Maintenance Planning Document (MPD). However, no 
compliance statements were included in these documents to advise 
operators when the first inspections must be performed. Environmental 
damage such as corrosion, if not corrected, could result in cracking 
and consequent reduced structural integrity of the fuselage and wing 
structure.

Relevant Service Information

    BAE Systems (Operations) Limited has issued Service Bulletin ATP-
51-001, dated August 14, 2002. The service bulletin describes 
procedures for repetitive detailed visual inspections for environmental 
damage, including but not limited to corrosion, of the fuselage and 
wing structure, and corrective actions if necessary. If damage is 
found, the service bulletin specifies to refer to the structural repair 
manual (SRM) for corrective action (repair). If the damage is outside 
the limits specified in the SRM, the service bulletin specifies to 
contact the manufacturer for repair instructions. The service bulletin 
also specifies reporting the inspection results to the manufacturer. 
The service bulletin specifies that the repetitive interval for the 
inspections in the service bulletin is stated in the MRB Report and the 
MPD. This repetitive interval is 8 years.
    Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition. The CAA mandated 
BAE Systems (Operations) Limited Service Bulletin ATP-51-001 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 detect and correct 
environmental damage, including corrosion, of the fuselage and wing 
structure, which could result in cracking and consequent reduced 
structural integrity of the fuselage and wing structure. This AD 
requires accomplishing the actions specified in BAE Systems 
(Operations) Limited Service Bulletin ATP-51-001, described previously, 
except as discussed under ``Differences Between the AD and Service 
Information.''

Clarification of Inspection Terminology

    In this AD, the ``detailed visual inspections'' specified in BAE 
Systems (Operations) Limited Service Bulletin ATP-51-001 are referred 
to as ``detailed inspections.'' We have included the definition for a 
detailed inspection in a note in the AD.

Differences Between the AD and Service Information

    If damage is found that is outside the limits specified in the SRM, 
BAE Systems (Operations) Limited Service Bulletin ATP-51-001 specifies 
reporting the details of the damage to In-Service Engineering and 
asking for repair instructions. This AD requires repairing any damage 
that is outside the limits specified in the SRM in accordance with 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 this AD.
    BAE Systems (Operations) Limited Service Bulletin ATP-51-001 
specifies reporting the inspection results to the manufacturer. This AD 
does not require that action.

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 44 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 $2,860 per airplane, per 
inspection cycle.

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-
22583; Directorate Identifier 2002-NM-303-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,

[[Page 58295]]

``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):

2005-20-22 BAE Systems (Operations) Limited (Formerly British 
Aerospace Regional Aircraft): Amendment 39-14318. Docket No. FAA-
2005-22583; Directorate Identifier 2002-NM-303-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 information indicating the potential 
for environmental damage of the fuselage and wing structure. We are 
issuing this AD to detect and correct such damage, including 
corrosion, in the fuselage and wing structure, which could result in 
cracking and consequent reduced structural integrity of the fuselage 
and wing structure.

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.

Repetitive Inspections and Corrective Actions

    (f) Within 18 months after the effective date of this AD, 
perform detailed inspections for environmental damage, including but 
not limited to corrosion, of the fuselage and wing structure and any 
applicable corrective action in accordance with the Accomplishment 
Instructions of BAE Systems (Operations) Limited Service Bulletin 
ATP-51-001, dated August 14, 2002, except as provided by paragraph 
(g) of this AD. Any applicable corrective actions must be 
accomplished before further flight. Thereafter, repeat these 
inspections at intervals not to exceed those specified in the ATP 
Maintenance Review Board Report and the Maintenance Planning 
Document, as applicable, in accordance with the service bulletin.

    Note 1: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''

Exception to Service Bulletin Instructions

    (g) If damage is found that is outside the limits specified in 
the structural repair manual, as referenced in BAE Systems 
(Operations) Limited Service Bulletin ATP-51-001, dated August 14, 
2002, and the service bulletin specifies reporting the details of 
the damage to In-Service Engineering and asking for repair 
instructions: Before further flight, repair the damage 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).

No Reporting

    (h) Although British Aerospace ATP Service Bulletin ATP-51-001, 
dated August 14, 2002, specifies reporting inspection results to the 
manufacturer, this AD does not require that action.

Alternative Methods of Compliance (AMOCs)

    (i)(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 FAA Flight Standards 
Certificate Holding District Office.

Related Information

    (j) None.

Material Incorporated by Reference

    (k) You must use BAE Systems (Operations) Limited Service 
Bulletin ATP-51-001, dated August 14, 2002, 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 this document 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/cfr/ibr-locations.html.

    Issued in Renton, Washington, on September 26, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-19833 Filed 10-5-05; 8:45 am]
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