Airworthiness Directives; BAE Systems (Operations) Limited Airplanes, 3350-3353 [2016-01088]

Download as PDF 3350 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Proposed Rules 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 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 adding the following new airworthiness directive (AD): ■ Beechcraft Corporation (Type Certificate Previously Held by Hawker Beechcraft Corporation; Raytheon Aircraft Company): Docket No. FAA–2016–0460; Directorate Identifier 2015–NM–078–AD. (a) Comments Due Date We must receive comments by March 7, 2016. jstallworth on DSK7TPTVN1PROD with PROPOSALS (b) Affected ADs None. (c) Applicability This AD applies to Beechcraft Corporation (type certificate previously held by Hawker Beechcraft Corporation; Raytheon Aircraft Company) airplanes, certificated in any category, as identified in paragraphs (c)(1) and (c)(2) of this AD. (1) Model BAe.125 series 1000A and 1000B airplanes, serial numbers 258151, 258159, and 259004 through 259042 inclusive. (2) Model Hawker 1000 airplanes, serial numbers 259003 and 259043 through 259052 inclusive. VerDate Sep<11>2014 15:09 Jan 20, 2016 Jkt 238001 (d) Subject Air Transport Association (ATA) of America Code 78, Exhaust. (e) Unsafe Condition This AD was prompted by reports of inadvertent stowage of the thrust reversers, which can result in high forward engine thrust even though the throttle is commanding reverse thrust. We are issuing this AD to prevent inadvertent stowage of the thrust reversers, which could cause a runway overrun during a rejected takeoff or landing, and consequent structural failure and possible injury to occupants. (f) Compliance Comply with this AD within the compliance times specified, unless already done. http://pubs.beechcraft.com. You may view this referenced service information at 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 January 8, 2016. Jeffrey E. Duven, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2016–00951 Filed 1–20–16; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration (g) Installation Within 600 flight hours or 12 months after the effective date of this AD, whichever occurs first: Install kits having part numbers 140–9005 and 140–9006, in accordance with the Accomplishment Instructions of Beechcraft Mandatory Service Bulletin 78– 4133, dated May 2015, except as specified in paragraph (h) of this AD. 14 CFR Part 39 (h) Exception to Service Information A note in the Accomplishment Instructions of Beechcraft Mandatory Service Bulletin 78– 4133, dated May 2015, instructs operators to contact Beechcraft Corporation if any difficulty is encountered in accomplishing the service bulletin. However, any deviation from the actions required by paragraph (g) of this AD must be approved as an alternative method of compliance (AMOC) under paragraph (i)(1) of this AD. AGENCY: (i) Alternative Methods of Compliance (AMOCs) (1) The Manager, Wichita Aircraft Certification Office (ACO), 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 manager of the ACO, send it to the attention of the person identified in paragraph (j)(1) of this AD. (2) 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. (j) Related Information (1) For more information about this AD, contact Jeffrey Englert, Aerospace Engineer, Mechanical Systems and Propulsion Branch, ACE–116W, FAA, Wichita Aircraft Certification Office, 1801 Airport Road, Room 100, Dwight D. Eisenhower National Airport, Wichita, KS 67209; phone: 316–946– 4167; fax: 316–946–4107; email: jeffrey.englert@faa.gov. (2) For service information identified in this AD, contact Beechcraft Corporation, TMDC, P.O. Box 85, Wichita, KS 67201– 0085; telephone 316–676–8238; fax 316–671– 2540; email tmdc@beechcraft.com; Internet PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 [Docket No. FAA–2016–0457; Directorate Identifier 2015–NM–084–AD] RIN 2120–AA64 Airworthiness Directives; BAE Systems (Operations) Limited Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). We propose to supersede Airworthiness Directive (AD) 2012–11– 15, for all BAE Systems (Operations) Limited Model 4101 airplanes. AD 2012–11–15 currently requires a onetime detailed inspection for cracks, corrosion, and other defects of the rear face of the wing rear spar, and repair if necessary. Since we issued AD 2012– 11–15, we received new reports of cracking found in the wing rear spar and technical analysis results confirmed that the crack initiation and propagation are due to fatigue, with no indication of any other crack initiation mechanism (e.g. stress corrosion). This proposed AD would require repetitive detailed inspections, and repair if necessary. We are proposing this AD to detect and correct cracking in the wing rear spar, which could propagate to a critical length, possibly affecting the structural integrity of the area and resulting in a fuel tank rupture, with consequent damage to the airplane and possible injury to its occupants. DATES: We must receive comments on this proposed AD by March 7, 2016. ADDRESSES: You may send comments 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– SUMMARY: E:\FR\FM\21JAP1.SGM 21JAP1 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Proposed Rules 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. jstallworth on DSK7TPTVN1PROD with PROPOSALS 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–2016– 0457; 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–2016–0457; Directorate Identifier 2015–NM–084–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. VerDate Sep<11>2014 15:09 Jan 20, 2016 Jkt 238001 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 On March 31, 2012, we issued AD 2012–11–15, Amendment 39–17079 (77 FR 36127, June 18, 2012). AD 2012–11– 15 requires actions intended to address an unsafe condition on BAE Systems (Operations) Limited Model 4101 airplanes. Since we issued AD 2012–11–15, Amendment 39–17079 (77 FR 36127, June 18, 2012), we received new reports of cracking found in the wing rear spar and technical analysis results confirmed that the crack initiation and propagation are due to fatigue, with no indication of any other crack initiation mechanism (e.g. stress corrosion). The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2015–0100, dated June 3, 2015 (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: During an investigation of a fuel leak on the rear spar of a Jetstream 4100 aeroplane, 4 cracks were found between Ribs 6 and 7 (immediately inboard of the inboard engine rib). The cracks initiated at adjacent fastener bores in the rear spar upper boom, and progressed downwards, diagonally, into the rear spar web. These cracks, if not detected and corrected, could propagate to a critical length, affecting the structural integrity of the area, possibly resulting in a fuel tank rupture with consequent damage to the aeroplane and injury to its occupants. Prompted by these findings, EASA issued [EASA] AD 2011–0096 [which corresponds to FAA AD 2012–11–15, Amendment 39– 17079 (77 FR 36127, June 18, 2012)] to require a one-time [detailed] inspection [for cracks, corrosion, and other defects] of the rear face of the wing rear spar and the accomplishment of applicable corrective actions [i.e., repair], depending on findings. Initial analysis of the event did not lead to the conclusion that the cracking was fatigue related, therefore [EASA] AD 2011–0096 did not require repetitive inspections. Since that [EASA] AD [2011–0096] was issued, the results of the technical analysis confirmed that the cracks were due to fatigue, with no indication of any other crack initiation mechanism (e.g. stress corrosion). In addition, further similar in-service events have been reported. During investigation of those events, further metallurgical analysis indicated that the crack initiation and PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 3351 propagation are indeed fatigue driven and occur at the same location. To address this unsafe condition, a review of the inspection interval was undertaken based on the cracks from both aeroplanes and BAE Systems (Operations) Ltd issued Service Bulletin (SB) J41–A57–029 Revision 3 in order to reduce the inspection interval of the wing rear spar from 2,000 flight cycles (FC) to 1,600 FC. For the reasons described above, this [EASA] AD supersedes AD 2011–0096, without retaining its requirements, introduces repetitive inspections and, depending on findings, requires the accomplishments of applicable corrective action(s) [i.e., repair]. 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–2016– 0457. Related Service Information Under 1 CFR Part 51 BAE Systems (Operations) Limited has issued Alert Service Bulletin J41– A57–029, Revision 3, dated April 8, 2014. The service information describes detailed inspections for cracks, corrosion, and other defects of the rear face of the wing rear spars. BAE Systems (Operations) Limited also has issued Subject 57–00–00, Wings General, of Chapter 57, Wings, of the Jetstream Series 4100 Structural Repair Manual, Volume 1, Revision 32, dated October 15, 2014. The service information describes procedures for doing certain wing repairs. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. 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. Costs of Compliance We estimate that this proposed AD affects 15 airplanes of U.S. registry. We also estimate that it would take up to 25 work-hours per product to comply with the basic requirements of this proposed AD. The average labor rate is E:\FR\FM\21JAP1.SGM 21JAP1 3352 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Proposed Rules $85 per work-hour. Based on these figures, we estimate the cost of this proposed AD on U.S. operators to be up to $31,875, or up to $2,125 per product. We have received no definitive data that would enable us to provide a cost estimates for the on-condition actions (repairing cracks, corrosion, and defects) specified in this AD. the FAA proposes to amend 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. Authority for This Rulemaking § 39.13 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 jstallworth on DSK7TPTVN1PROD with PROPOSALS 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, VerDate Sep<11>2014 15:09 Jan 20, 2016 Jkt 238001 [Amended] 2. The FAA amends § 39.13 by removing Airworthiness Directive (AD) 2012–11–15, Amendment 39–17079 (77 FR 36127, June 18, 2012), and adding the following new AD: BAE Systems (Operations) Limited: Docket No. FAA–2016–0457; Directorate Identifier 2015–NM–084–AD. (a) Comments Due Date We must receive comments by March 7, 2016. (b) Affected ADs This AD replaces AD 2012–11–15, Amendment 39–17079 (77 FR 36127, June 18, 2012). (c) Applicability This AD applies to BAE (Operations) Limited Model 4101 airplanes, certificated in any category, all models, and all serial numbers. (d) Subject Air Transport Association (ATA) of America Code 57, Wings. (e) Reason This AD was prompted by new reports of cracking found in the wing rear spar and technical analysis results confirmed that the crack initiation and propagation are due to fatigue, with no indication of any other crack initiation mechanism (e.g., stress corrosion). We are issuing this AD to detect and correct cracking in the wing rear spar, which could propagate to a critical length, possibly affecting the structural integrity of the area and resulting in a fuel tank rupture, with consequent damage to the airplane and possible injury to its occupants. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Repetitive Inspections and Repair Within 30 days after the effective date of this AD, or within 1,600 flight cycles since the most recent detailed inspection was done as specified in BAE Systems Alert Service Bulletin J41–A57–029, whichever occurs later: Do a detailed inspection for cracks, corrosion, and other defects (defects include scratches, dents, holes, damage to fastener holes, or damage to surface protection and finish) of the rear face of the wing rear spars, in accordance with the Accomplishment Instructions of BAE Systems Alert Service Bulletin J41–A57–029, Revision 3, dated April 8, 2014. Repeat the inspection thereafter at intervals not to exceed 1,600 flight cycles. PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 (1) If any cracking, corrosion, or other defect is found within the criteria defined in Subject 57–00–00, Wings General, of Chapter 57, Wings, of the Jetstream Series 4100 Structural Repair Manual, Volume 1, Revision 32, dated October 15, 2014: Before further flight, repair the affected area, in accordance with the repair instructions of Subject 57–00–00, Wings General, of Chapter 57, Wings, of the Jetstream Series 4100 Structural Repair Manual, Volume 1, Revision 32, dated October 15, 2014. (2) If any cracking, corrosion, or other defect is found exceeding the criteria defined in Subject 57–00–00, Wings General, of Chapter 57, Wings, of the Jetstream Series 4100 Structural Repair Manual, Volume 1, Revision 32, dated October 15, 2014: 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). (h) Repair Does Not Constitute Terminating Action Except for Certain Repairs Accomplishment of a repair as required by paragraphs (g)(1) and (g)(2) of this AD, does not constitute terminating action for the repetitive inspections required by paragraph (g) of this AD, unless the approved repair required by paragraph (g)(2) of this AD states otherwise (e.g., the approved repair states the repair terminates the inspections for the repaired area only). (i) 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-116AMOC-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: As of the effective date of this AD, 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, E:\FR\FM\21JAP1.SGM 21JAP1 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Proposed Rules the approval must include the DOAauthorized signature. (j) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2015–0100, dated June 3, 2015, 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– 2016–0457. (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 January 13, 2016. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2016–01088 Filed 1–20–16; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 73 [Docket No. FAA–2015–2776; Airspace Docket No. 15–AEA–5] RIN 2120–AA66 Proposed Amendment and Establishment of Restricted Areas; Chincoteague Inlet, VA Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM); reopening of comment period. AGENCY: This action reopens the comment period for the NPRM published September 10, 2015, proposing to expand the restricted airspace at Chincoteague Inlet, VA. This reopening of the comment period is necessary because a chart depicting the proposed airspace was not available prior to the original comment period closing date. This action will ensure that interested persons have the opportunity to view the chart and submit comments regarding the proposal. DATES: The comment period for the NPRM published September 10, 2015 (80 FR 54444) closed on October 26, jstallworth on DSK7TPTVN1PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 15:09 Jan 20, 2016 Jkt 238001 2015, and reopened until February 22, 2016. ADDRESSES: Send comments on this proposal to the U.S. Department of Transportation, Docket Operations, M– 30, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001; telephone: (202) 366–9826. You must identify FAA Docket No. FAA–2015–2776 and Airspace Docket No. 15–AEA–5, at the beginning of your comments. You may also submit comments through the Internet at http://www.regulations.gov. Comments on environmental and land use aspects to should be directed to: NASA Wallops Flight Facility, Attn: Ms. Shari Silbert, Wallops Island, VA 23337; telephone: (757) 824–2327. FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace Policy Group, Office of Airspace Services, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 267–8783. SUPPLEMENTARY INFORMATION: Comments Invited Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. Communications should identify both docket numbers (FAA Docket No. FAA– 2015–2776 and Airspace Docket No. 15– AEA–5) and be submitted in triplicate to the Docket Management System (see ADDRESSES section for address and phone number). You may also submit comments through the Internet at http:// www.regulations.gov. Persons wishing the FAA to acknowledge receipt of their comments on this action must submit with those comments a self-addressed, stamped postcard on which the following statement is made: ‘‘Comments to FAA Docket No. FAA–2015–2776 and Airspace Docket No. 15–AEA–5.’’ The postcard will be date/time stamped and returned to the commenter. All communications received on or before the specified closing date for comments will be considered before taking action on the proposed rule. The proposal contained in this action may be changed in light of comments received. All comments submitted will PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 3353 be available for examination in the public docket both before and after the closing date for comments. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket. Availability of NPRM’s An electronic copy of this document may be downloaded through the internet at http://www.regulations.gov. You may review the public docket containing the proposal, any comments received and any final disposition in person at the Dockets Office (see ADDRESSES section for address and phone number) between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. An informal docket may also be examined during normal business hours at the office of the Operations Support Group, Eastern Service Center, Federal Aviation Administration, 1701 Columbia Ave., College Park, GA 30337. Persons interested in being placed on a mailing list for future NPRM’s should contact the FAA’s Office of Rulemaking, (202) 267–9677, for a copy of Advisory Circular No. 11–2A. Background On September 10, 2015, the FAA published a notice of proposed rulemaking (NPRM) proposing the amendment and establishment of restricted areas at Chincoteague Inlet, VA (80 FR 54444), Docket No. FAA– 2015–2776, Airspace Docket No. 15– AEA–5. The NPRM included a statement that a color chart of the proposed airspace would be available for viewing on the www.regulations.gov Web site. However, the chart was not posted until after the comment closing date. One commenter responded that it is difficult to understand the proposed changes because the chart was unavailable. A color chart showing the location of the proposed restricted areas is now posted on the internet at http:// www.regulations.gov. Search docket no. FAA–2015–2776 and click on ‘‘open docket folder’’ to view the chart. To give the public an opportunity to view the chart prior to submitting comments, the FAA is reopening the comment period for 30 days. All comments submitted during the new comment period, as well as all comments previously received, will be considered before any final action is taken on the proposal. No other proposal information as published in the NPRM has been changed. E:\FR\FM\21JAP1.SGM 21JAP1

Agencies

[Federal Register Volume 81, Number 13 (Thursday, January 21, 2016)]
[Proposed Rules]
[Pages 3350-3353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01088]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-0457; Directorate Identifier 2015-NM-084-AD]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to supersede Airworthiness Directive (AD) 2012-11-
15, for all BAE Systems (Operations) Limited Model 4101 airplanes. AD 
2012-11-15 currently requires a one-time detailed inspection for 
cracks, corrosion, and other defects of the rear face of the wing rear 
spar, and repair if necessary. Since we issued AD 2012-11-15, we 
received new reports of cracking found in the wing rear spar and 
technical analysis results confirmed that the crack initiation and 
propagation are due to fatigue, with no indication of any other crack 
initiation mechanism (e.g. stress corrosion). This proposed AD would 
require repetitive detailed inspections, and repair if necessary. We 
are proposing this AD to detect and correct cracking in the wing rear 
spar, which could propagate to a critical length, possibly affecting 
the structural integrity of the area and resulting in a fuel tank 
rupture, with consequent damage to the airplane and possible injury to 
its occupants.

DATES: We must receive comments on this proposed AD by March 7, 2016.

ADDRESSES: You may send comments 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-

[[Page 3351]]

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-2016-
0457; 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-2016-0457; 
Directorate Identifier 2015-NM-084-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

    On March 31, 2012, we issued AD 2012-11-15, Amendment 39-17079 (77 
FR 36127, June 18, 2012). AD 2012-11-15 requires actions intended to 
address an unsafe condition on BAE Systems (Operations) Limited Model 
4101 airplanes.
    Since we issued AD 2012-11-15, Amendment 39-17079 (77 FR 36127, 
June 18, 2012), we received new reports of cracking found in the wing 
rear spar and technical analysis results confirmed that the crack 
initiation and propagation are due to fatigue, with no indication of 
any other crack initiation mechanism (e.g. stress corrosion).
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Airworthiness Directive 2015-0100, dated June 3, 2015 (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:

    During an investigation of a fuel leak on the rear spar of a 
Jetstream 4100 aeroplane, 4 cracks were found between Ribs 6 and 7 
(immediately inboard of the inboard engine rib). The cracks 
initiated at adjacent fastener bores in the rear spar upper boom, 
and progressed downwards, diagonally, into the rear spar web.
    These cracks, if not detected and corrected, could propagate to 
a critical length, affecting the structural integrity of the area, 
possibly resulting in a fuel tank rupture with consequent damage to 
the aeroplane and injury to its occupants.
    Prompted by these findings, EASA issued [EASA] AD 2011-0096 
[which corresponds to FAA AD 2012-11-15, Amendment 39-17079 (77 FR 
36127, June 18, 2012)] to require a one-time [detailed] inspection 
[for cracks, corrosion, and other defects] of the rear face of the 
wing rear spar and the accomplishment of applicable corrective 
actions [i.e., repair], depending on findings. Initial analysis of 
the event did not lead to the conclusion that the cracking was 
fatigue related, therefore [EASA] AD 2011-0096 did not require 
repetitive inspections.
    Since that [EASA] AD [2011-0096] was issued, the results of the 
technical analysis confirmed that the cracks were due to fatigue, 
with no indication of any other crack initiation mechanism (e.g. 
stress corrosion). In addition, further similar in-service events 
have been reported. During investigation of those events, further 
metallurgical analysis indicated that the crack initiation and 
propagation are indeed fatigue driven and occur at the same 
location.
    To address this unsafe condition, a review of the inspection 
interval was undertaken based on the cracks from both aeroplanes and 
BAE Systems (Operations) Ltd issued Service Bulletin (SB) J41-A57-
029 Revision 3 in order to reduce the inspection interval of the 
wing rear spar from 2,000 flight cycles (FC) to 1,600 FC.
    For the reasons described above, this [EASA] AD supersedes AD 
2011-0096, without retaining its requirements, introduces repetitive 
inspections and, depending on findings, requires the accomplishments 
of applicable corrective action(s) [i.e., repair].

    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-2016-
0457.

Related Service Information Under 1 CFR Part 51

    BAE Systems (Operations) Limited has issued Alert Service Bulletin 
J41-A57-029, Revision 3, dated April 8, 2014. The service information 
describes detailed inspections for cracks, corrosion, and other defects 
of the rear face of the wing rear spars.
    BAE Systems (Operations) Limited also has issued Subject 57-00-00, 
Wings General, of Chapter 57, Wings, of the Jetstream Series 4100 
Structural Repair Manual, Volume 1, Revision 32, dated October 15, 
2014. The service information describes procedures for doing certain 
wing repairs.
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

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.

Costs of Compliance

    We estimate that this proposed AD affects 15 airplanes of U.S. 
registry.
    We also estimate that it would take up to 25 work-hours per product 
to comply with the basic requirements of this proposed AD. The average 
labor rate is

[[Page 3352]]

$85 per work-hour. Based on these figures, we estimate the cost of this 
proposed AD on U.S. operators to be up to $31,875, or up to $2,125 per 
product.
    We have received no definitive data that would enable us to provide 
a cost estimates for the on-condition actions (repairing cracks, 
corrosion, and defects) specified in this 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 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 removing Airworthiness Directive (AD) 
2012-11-15, Amendment 39-17079 (77 FR 36127, June 18, 2012), and adding 
the following new AD:

BAE Systems (Operations) Limited: Docket No. FAA-2016-0457; 
Directorate Identifier 2015-NM-084-AD.

(a) Comments Due Date

    We must receive comments by March 7, 2016.

(b) Affected ADs

    This AD replaces AD 2012-11-15, Amendment 39-17079 (77 FR 36127, 
June 18, 2012).

(c) Applicability

    This AD applies to BAE (Operations) Limited Model 4101 
airplanes, certificated in any category, all models, and all serial 
numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Reason

    This AD was prompted by new reports of cracking found in the 
wing rear spar and technical analysis results confirmed that the 
crack initiation and propagation are due to fatigue, with no 
indication of any other crack initiation mechanism (e.g., stress 
corrosion). We are issuing this AD to detect and correct cracking in 
the wing rear spar, which could propagate to a critical length, 
possibly affecting the structural integrity of the area and 
resulting in a fuel tank rupture, with consequent damage to the 
airplane and possible injury to its occupants.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Repetitive Inspections and Repair

    Within 30 days after the effective date of this AD, or within 
1,600 flight cycles since the most recent detailed inspection was 
done as specified in BAE Systems Alert Service Bulletin J41-A57-029, 
whichever occurs later: Do a detailed inspection for cracks, 
corrosion, and other defects (defects include scratches, dents, 
holes, damage to fastener holes, or damage to surface protection and 
finish) of the rear face of the wing rear spars, in accordance with 
the Accomplishment Instructions of BAE Systems Alert Service 
Bulletin J41-A57-029, Revision 3, dated April 8, 2014. Repeat the 
inspection thereafter at intervals not to exceed 1,600 flight 
cycles.
    (1) If any cracking, corrosion, or other defect is found within 
the criteria defined in Subject 57-00-00, Wings General, of Chapter 
57, Wings, of the Jetstream Series 4100 Structural Repair Manual, 
Volume 1, Revision 32, dated October 15, 2014: Before further 
flight, repair the affected area, in accordance with the repair 
instructions of Subject 57-00-00, Wings General, of Chapter 57, 
Wings, of the Jetstream Series 4100 Structural Repair Manual, Volume 
1, Revision 32, dated October 15, 2014.
    (2) If any cracking, corrosion, or other defect is found 
exceeding the criteria defined in Subject 57-00-00, Wings General, 
of Chapter 57, Wings, of the Jetstream Series 4100 Structural Repair 
Manual, Volume 1, Revision 32, dated October 15, 2014: 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).

(h) Repair Does Not Constitute Terminating Action Except for Certain 
Repairs

    Accomplishment of a repair as required by paragraphs (g)(1) and 
(g)(2) of this AD, does not constitute terminating action for the 
repetitive inspections required by paragraph (g) of this AD, unless 
the approved repair required by paragraph (g)(2) of this AD states 
otherwise (e.g., the approved repair states the repair terminates 
the inspections for the repaired area only).

(i) 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: As of the effective date of 
this AD, 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,

[[Page 3353]]

the approval must include the DOA-authorized signature.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2015-0100, dated June 3, 2015, 
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-2016-0457.
    (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 January 13, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-01088 Filed 1-20-16; 8:45 am]
BILLING CODE 4910-13-P