83 FR 49786 - Airworthiness Directives; BAE Systems (Operations) Limited Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 83, Issue 192 (October 3, 2018)

Page Range		49786-49789
FR Document		2018-21344
We are adopting a new airworthiness directive (AD) for all BAE Systems (Operations) Limited Model 4101 airplanes. This AD was prompted by a determination that inspection requirements for a number of maintenance tasks are incorrect. This AD requires a one-time detailed inspection of a certain fuselage frame and repair, if necessary, and a revision of the maintenance or inspection program, as applicable, to incorporate new or revised maintenance instructions and airworthiness limitations. We are issuing this AD to address the unsafe condition on these products.
Federal Register, Volume 83 Issue 192 (Wednesday, October 3, 2018)
[Federal Register Volume 83, Number 192 (Wednesday, October 3, 2018)]
[Rules and Regulations]
[Pages 49786-49789]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21344]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0511; Product Identifier 2017-NM-145-AD; Amendment 
39-19425; AD 2018-19-24]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited 
Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all BAE 
Systems (Operations) Limited Model 4101 airplanes. This AD was prompted 
by a determination that inspection requirements for a number of 
maintenance tasks are incorrect. This AD requires a one-time detailed 
inspection of a certain fuselage frame and repair, if necessary, and a 
revision of the maintenance or inspection program, as applicable, to 
incorporate new or revised maintenance instructions and airworthiness 
limitations. We are issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective November 7, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of November 7, 
2018.

ADDRESSES: For service information identified in this final rule, 
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 [email protected]; internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm. You may view 
this service information at the FAA, Transport Standards Branch, 2200 
South 216th St., Des Moines, WA. For information on the availability of 
this material at the FAA, call 206-231-3195. It is also available on 
the internet at http://www.regulations.gov by searching for and 
locating Docket No. FAA-2018-0511.

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-2018-
0511; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this final rule, the regulatory evaluation, any comments received, and 
other information. The address for Docket Operations (phone: 800-647-
5527) is U.S. Department of Transportation, Docket Operations, M-30, 
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, 
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
International Section, Transport Standards Branch, FAA, 2200 South 
216th St., Des Moines, WA 98198; telephone and fax 206-231-3228.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to all BAE Systems 
(Operations) Limited Model 4101 airplanes. The NPRM published in the 
Federal Register on June 14, 2018 (83 FR 27721). The NPRM was prompted 
by a determination that inspection

[[Page 49787]]

requirements for a number of maintenance tasks are incorrect. The NPRM 
proposed to require a one-time detailed inspection of a certain 
fuselage frame and repair, if necessary, and a revision of the 
maintenance or inspection program, as applicable, to incorporate new or 
revised maintenance instructions and airworthiness limitations.
    We are issuing this AD to address cracking in fuselage frame 90, 
which could cause it to fail and thereby compromise the structural 
integrity of the aircraft pressure hull. We are also issuing this AD to 
address fatigue damage of various airplane structures, which could 
result in reduced structural integrity of the airplane.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2017-0187, dated September 22, 2017 (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:

    Maintenance instructions for BAE Jetstream 4100 aeroplanes, 
which are approved by EASA, are defined in BAE Systems (Operations) 
Ltd Jetstream 4100 Service Bulletin (SB) J41-51-001, which 
references certain Aircraft Maintenance Manual (AMM) tasks. These 
instructions have been identified as mandatory for continued 
airworthiness.
    Failure to accomplish these instructions could result in an 
unsafe condition.
    CAA UK [Civil Aviation Authority United Kingdom] issued AD 005-
02-2002 [which corresponds to FAA AD 2005-15-11, Amendment 39-14200 
(70 FR 43025, July 26, 2005) (``AD 2005-15-11'')] to require 
operators to comply with the inspection instructions as referenced 
in SB J41-51-001 at original issue.
    Since that [CAA UK ] AD was issued, BAE Systems (Operations) Ltd 
have determined that the inspection requirements for a number of 
maintenance tasks are incorrect. Consequently, existing inspection 
items 52-20-013, 53-10-006, 53-10-025, 53-10-029 and 53-10-079 will 
be amended in Chapter 05 of the AMM. Compliance periods for these 
changes are given in BAE Systems (Operations) Ltd SB J41-51-001 (now 
at Revision 4) and BAE Systems (Operations) Ltd Alert SB J41-A53-
058. Those fatigue inspections detailed in SB J41-51-001, at 
Revision 3 or earlier, have now been incorporated into Chapter 05 of 
the AMM. To avoid duplication these tasks are deleted from SB J41-
51-001 at Revision 4.
    For the reason described above, this [EASA] AD retains the 
requirements of CAA UK AD 005-02-2002, which is superseded, and 
requires accomplishment of the actions specified in BAE Systems 
(Operations) Ltd Jetstream 4100 SB J41-51-001 Revision 4 and Alert 
SB J41-A53-058 (hereafter collectively referred to as `the SB' in 
this [EASA] AD).

    The actions include a one-time detailed inspection of fuselage 
frame 90 for cracking or fatigue damage and repair if necessary, and 
revision of the maintenance or inspection program, as applicable, to 
incorporate new or revised maintenance instructions and airworthiness 
limitations. This AD was prompted by a determination that it is 
possible for cracks in fuselage frame 90 to exceed the critical length 
for failure in less time than the current inspection interval, and by a 
determination that inspection requirements for a number of maintenance 
tasks involving certain airworthiness limitations are incorrect. The 
unsafe condition is cracking in fuselage frame 90, which could cause it 
to fail and thereby compromise the structural integrity of the aircraft 
pressure hull; and fatigue damage of various airplane structures, which 
could result in reduced structural integrity of the airplane.
    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-2018-
0511.

Comments

    We gave the public the opportunity to participate in developing 
this final rule. We received no comments on the NPRM or on the 
determination of the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting this final rule as proposed, 
except for minor editorial changes. We have determined that these minor 
changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    BAE Systems (Operations) Limited has issued the following service 
information.
     Service Bulletin J41-51-001, Revision 4, dated July 11, 
2017. This service information describes new inspections and revisions 
to existing inspection requirements and thresholds.
     Alert Service Bulletin J41-A53-058, dated December 6, 
2016. This service information describes procedures for a detailed 
inspection for cracking or fatigue damage of fuselage frame 90.
    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.

Costs of Compliance

    We estimate that this AD affects 4 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection............................  2 work-hours x $85 per                $0            $170            $680
                                         hour = $170.
----------------------------------------------------------------------------------------------------------------

    We have determined that revising the maintenance or inspection 
program takes an average of 90 work-hours per operator, although we 
recognize that this number may vary from operator to operator. In the 
past, we have estimated that this action takes 1 work-hour per 
airplane. Since operators incorporate maintenance or inspection program 
changes for their affected fleet(s), we have determined that a per-
operator estimate is more accurate than a per-airplane estimate. 
Therefore, we estimate the total cost per operator to be $7,650 (90 
work-hours x $85 per work-hour).
    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions 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.

[[Page 49788]]

    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.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to transport category airplanes and 
associated appliances to the Director of the System Oversight Division.

Regulatory Findings

    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 this AD:
    (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.

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

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 adding the following new airworthiness 
directive (AD):

2018-19-24 BAE Systems (Operations) Limited: Amendment 39-19425; 
Docket No. FAA-2018-0511; Product Identifier 2017-NM-145-AD.

(a) Effective Date

    This AD is effective November 7, 2018.

(b) Affected ADs

    This AD affects AD 2005-15-11, Amendment 39-14200 (70 FR 43025, 
July 26, 2005) (``AD 2005-15-11'').

(c) Applicability

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

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that it is possible for 
cracks in fuselage frame 90 to exceed the critical length for 
failure in less time than the current inspection interval; and a 
determination that inspection requirements for a number of 
maintenance tasks involving certain airworthiness limitations are 
incorrect. We are issuing this AD to address cracking in fuselage 
frame 90, which could cause it to fail and thereby compromise the 
structural integrity of the aircraft pressure hull. We are also 
issuing this AD to address fatigue damage of various airplane 
structures, which could result in reduced structural integrity of 
the airplane.

(f) Compliance

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

(g) Inspection

    At the compliance times specified in paragraphs (g)(1) and 
(g)(2) of this AD, as applicable: Do a detailed inspection of 
fuselage frame 90 for cracking or fatigue damage, in accordance with 
the Accomplishment Instructions of BAE Systems (Operations) Limited 
Alert Service Bulletin J41-A53-058, dated December 6, 2016. If any 
cracking or fatigue damage is found: Before further flight, repair 
using a method approved by the Manager, International Section, 
Transport Standards Branch, FAA; or the European Aviation Safety 
Agency (EASA); or BAE Systems (Operations) Limited's EASA Design 
Organization Approval (DOA).
    (1) For airplanes with 6,300 flight cycles or fewer since 
Structural Significant Items (SSI) 53-10-029 (Maintenance Planning 
Document (MPD) 531029-DVl-10010-1) was last accomplished: Within 
6,600 flight cycles after the last accomplishment of SSI 53-10-029 
(MPD 531029-DVl-10010-1), or within 6 months after the effective 
date of this AD, whichever is later.
    (2) For airplanes with more than 6,300 flight cycles since SSI 
53-10-029 (MPD 531029-DVl-10010-1) was last accomplished: Within 300 
flight cycles or 4.5 months, whichever is earlier, since the last 
accomplishment of SSI 53-10-029 (MPD 531029-DVl-10010-1), or within 
6 months after the effective date of this AD, whichever is later.

(h) Maintenance or Inspection Program Revisions

    Within 90 days after the effective date of this AD: Revise the 
maintenance or inspection program, as applicable, by incorporating 
the maintenance tasks and associated thresholds and intervals 
described in, and in accordance with, the Accomplishment 
Instructions of BAE Systems (Operations) Limited Service Bulletin 
J41-51-001, Revision 4, dated July 11, 2017. The initial compliance 
times for new or revised tasks are at the applicable times specified 
in BAE Systems (Operations) Limited Service Bulletin J41-51-001, 
Revision 4, dated July 11, 2017, or within 6 months after the 
effective date of this AD, whichever is later.

(i) No Alternative Actions and Intervals

    After the maintenance or inspection program has been revised as 
required by paragraph (h) of this AD, no alternative actions (e.g., 
inspections) or intervals may be used unless the actions or 
intervals are approved as an alternative method of compliance (AMOC) 
in accordance with the procedures specified in paragraph (l)(1) of 
this AD.

(j) Terminating Action for Requirements of AD 2005-15-11

    Accomplishment of the actions required by paragraph (h) of this 
AD terminates all requirements of AD 2005-15-11.

(k) No Reporting Requirement

    Although the Accomplishment Instructions of BAE Systems 
(Operations) Limited Alert Service Bulletin J41-A53-058, dated 
December 6, 2016, specify to submit certain information to the 
manufacturer, this AD does not include that requirement.

(l) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Section, Transport Standards Branch, 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 Section, send it to the attention of 
the person identified in paragraph (m)(2) of this AD. Information 
may be emailed to: 9-ANM-116-AMOC-

[[Page 49789]]

[email protected]. 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.
    (2) Contacting the Manufacturer: 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 
Section, Transport Standards Branch, FAA; or EASA; or BAE Systems 
(Operations) Limited's EASA DOA. If approved by the DOA, the 
approval must include the DOA-authorized signature.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2017-0187, dated September 22, 2017, 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-2018-0511.
    (2) For more information about this AD, contact Todd Thompson, 
Aerospace Engineer, International Section, Transport Standards 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3228.

(n) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) BAE Systems (Operations) Limited Alert Service Bulletin J41-
A53-058, dated December 6, 2016.
    (ii) BAE Systems (Operations) Limited Service Bulletin J41-51-
001, Revision 4, dated July 11, 2017.
    (3) 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 
[email protected]; internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm.
    (4) You may view this service information at the FAA, Transport 
Standards Branch, 2200 South 216th St., Des Moines, WA. For 
information on the availability of this material at the FAA, call 
206-231-3195.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on September 14, 2018.
John P. Piccola,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-21344 Filed 10-2-18; 8:45 am]
 BILLING CODE 4910-13-P
Federal Register / Vol. 83, No. 192 / Wednesday, October 3, 2018 / Rules and Regulations 49787

requirements for a number of that the inspection requirements for a Comments
maintenance tasks are incorrect. The number of maintenance tasks are incorrect.
NPRM proposed to require a one-time Consequently, existing inspection items 52– We gave the public the opportunity to
20–013, 53–10–006, 53–10–025, 53–10–029 participate in developing this final rule.
detailed inspection of a certain fuselage and 53–10–079 will be amended in Chapter
frame and repair, if necessary, and a We received no comments on the NPRM
05 of the AMM. Compliance periods for these or on the determination of the cost to
revision of the maintenance or changes are given in BAE Systems
inspection program, as applicable, to (Operations) Ltd SB J41–51–001 (now at
the public.
incorporate new or revised maintenance Revision 4) and BAE Systems (Operations) Conclusion
instructions and airworthiness Ltd Alert SB J41–A53–058. Those fatigue
limitations. inspections detailed in SB J41–51–001, at We reviewed the relevant data and
Revision 3 or earlier, have now been determined that air safety and the
We are issuing this AD to address
incorporated into Chapter 05 of the AMM. To public interest require adopting this
cracking in fuselage frame 90, which avoid duplication these tasks are deleted
could cause it to fail and thereby final rule as proposed, except for minor
from SB J41–51–001 at Revision 4.
compromise the structural integrity of For the reason described above, this editorial changes. We have determined
the aircraft pressure hull. We are also [EASA] AD retains the requirements of CAA that these minor changes:
issuing this AD to address fatigue UK AD 005–02–2002, which is superseded, • Are consistent with the intent that
damage of various airplane structures, and requires accomplishment of the actions was proposed in the NPRM for
which could result in reduced structural specified in BAE Systems (Operations) Ltd addressing the unsafe condition; and
Jetstream 4100 SB J41–51–001 Revision 4 and
integrity of the airplane. Alert SB J41–A53–058 (hereafter collectively • Do not add any additional burden
The European Aviation Safety Agency referred to as ‘the SB’ in this [EASA] AD). upon the public than was already
(EASA), which is the Technical Agent proposed in the NPRM.
for the Member States of the European The actions include a one-time
Union, has issued EASA AD 2017–0187, detailed inspection of fuselage frame 90 Related Service Information Under 1
dated September 22, 2017 (referred to for cracking or fatigue damage and CFR Part 51
after this as the Mandatory Continuing repair if necessary, and revision of the
maintenance or inspection program, as BAE Systems (Operations) Limited
Airworthiness Information, or ‘‘the has issued the following service
applicable, to incorporate new or
MCAI’’), to correct an unsafe condition information.
revised maintenance instructions and
for all BAE Systems (Operations)
airworthiness limitations. This AD was • Service Bulletin J41–51–001,
Limited Model 4101 airplanes. The
prompted by a determination that it is Revision 4, dated July 11, 2017. This
MCAI states:
possible for cracks in fuselage frame 90 service information describes new
Maintenance instructions for BAE to exceed the critical length for failure inspections and revisions to existing
Jetstream 4100 aeroplanes, which are in less time than the current inspection inspection requirements and thresholds.
approved by EASA, are defined in BAE interval, and by a determination that
Systems (Operations) Ltd Jetstream 4100 • Alert Service Bulletin J41–A53–058,
inspection requirements for a number of dated December 6, 2016. This service
Service Bulletin (SB) J41–51–001, which
references certain Aircraft Maintenance maintenance tasks involving certain information describes procedures for a
Manual (AMM) tasks. These instructions airworthiness limitations are incorrect. detailed inspection for cracking or
have been identified as mandatory for The unsafe condition is cracking in fatigue damage of fuselage frame 90.
continued airworthiness. fuselage frame 90, which could cause it
Failure to accomplish these instructions to fail and thereby compromise the This service information is reasonably
could result in an unsafe condition. structural integrity of the aircraft available because the interested parties
CAA UK [Civil Aviation Authority United pressure hull; and fatigue damage of have access to it through their normal
Kingdom] issued AD 005–02–2002 [which various airplane structures, which could course of business or by the means
corresponds to FAA AD 2005–15–11, result in reduced structural integrity of identified in the ADDRESSES section.
Amendment 39–14200 (70 FR 43025, July 26,
2005) (‘‘AD 2005–15–11’’)] to require
the airplane. Costs of Compliance
operators to comply with the inspection
You may examine the MCAI in the
AD docket on the internet at http:// We estimate that this AD affects 4
instructions as referenced in SB J41–51–001
at original issue. www.regulations.gov by searching for airplanes of U.S. registry.
Since that [CAA UK ] AD was issued, BAE and locating Docket No. FAA–2018– We estimate the following costs to
Systems (Operations) Ltd have determined 0511. comply with this AD:
ESTIMATED COSTS
Cost per Cost on U.S.
Action Labor cost Parts cost product operators

Inspection ........................................................ 2 work-hours × $85 per hour = $170 ............. $0 $170 $680

We have determined that revising the have determined that a per-operator Authority for This Rulemaking
maintenance or inspection program estimate is more accurate than a per-
takes an average of 90 work-hours per airplane estimate. Therefore, we Title 49 of the United States Code
operator, although we recognize that estimate the total cost per operator to be specifies the FAA’s authority to issue
daltland on DSKBBV9HB2PROD with RULES

this number may vary from operator to $7,650 (90 work-hours × $85 per work- rules on aviation safety. Subtitle I,
operator. In the past, we have estimated hour). section 106, describes the authority of
that this action takes 1 work-hour per the FAA Administrator. Subtitle VII:
We have received no definitive data
airplane. Since operators incorporate Aviation Programs, describes in more
that would enable us to provide cost
maintenance or inspection program estimates for the on-condition actions detail the scope of the Agency’s
changes for their affected fleet(s), we specified in this AD. authority.

VerDate Sep<11>2014 16:40 Oct 02, 2018 Jkt 247001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\03OCR1.SGM 03OCR1
49788 Federal Register / Vol. 83, No. 192 / Wednesday, October 3, 2018 / Rules and Regulations

We are issuing this rulemaking under PART 39—AIRWORTHINESS 53–10–029 (Maintenance Planning Document
the authority described in Subtitle VII, DIRECTIVES (MPD) 531029–DVl–10010–1) was last
Part A, Subpart III, Section 44701: accomplished: Within 6,600 flight cycles
■ 1. The authority citation for part 39 after the last accomplishment of SSI 53–10–
‘‘General requirements.’’ Under that
continues to read as follows: 029 (MPD 531029–DVl–10010–1), or within 6
section, Congress charges the FAA with months after the effective date of this AD,
promoting safe flight of civil aircraft in Authority: 49 U.S.C. 106(g), 40113, 44701. whichever is later.
air commerce by prescribing regulations (2) For airplanes with more than 6,300
for practices, methods, and procedures § 39.13 [Amended] flight cycles since SSI 53–10–029 (MPD
the Administrator finds necessary for ■ 2. The FAA amends § 39.13 by adding 531029–DVl–10010–1) was last
safety in air commerce. This regulation the following new airworthiness accomplished: Within 300 flight cycles or 4.5
is within the scope of that authority directive (AD): months, whichever is earlier, since the last
accomplishment of SSI 53–10–029 (MPD
because it addresses an unsafe condition 2018–19–24 BAE Systems (Operations) 531029–DVl–10010–1), or within 6 months
that is likely to exist or develop on Limited: Amendment 39–19425; Docket after the effective date of this AD, whichever
products identified in this rulemaking No. FAA–2018–0511; Product Identifier is later.
action. 2017–NM–145–AD.
(h) Maintenance or Inspection Program
This AD is issued in accordance with (a) Effective Date Revisions
authority delegated by the Executive This AD is effective November 7, 2018. Within 90 days after the effective date of
Director, Aircraft Certification Service, this AD: Revise the maintenance or
(b) Affected ADs
as authorized by FAA Order 8000.51C. inspection program, as applicable, by
In accordance with that order, issuance This AD affects AD 2005–15–11, incorporating the maintenance tasks and
of ADs is normally a function of the Amendment 39–14200 (70 FR 43025, July 26, associated thresholds and intervals described
2005) (‘‘AD 2005–15–11’’). in, and in accordance with, the
Compliance and Airworthiness
Division, but during this transition (c) Applicability Accomplishment Instructions of BAE
period, the Executive Director has Systems (Operations) Limited Service
This AD applies to all BAE Systems
Bulletin J41–51–001, Revision 4, dated July
delegated the authority to issue ADs (Operations) Limited Model 4101 airplanes,
11, 2017. The initial compliance times for
applicable to transport category certificated in any category, all manufacturer
serial numbers. new or revised tasks are at the applicable
airplanes and associated appliances to times specified in BAE Systems (Operations)
the Director of the System Oversight (d) Subject Limited Service Bulletin J41–51–001,
Division. Air Transport Association (ATA) of Revision 4, dated July 11, 2017, or within 6
America Code 05, Time Limits/Maintenance months after the effective date of this AD,
Regulatory Findings whichever is later.
Checks.
This AD will not have federalism (e) Reason (i) No Alternative Actions and Intervals
implications under Executive Order This AD was prompted by a determination After the maintenance or inspection
13132. This AD will not have a that it is possible for cracks in fuselage frame program has been revised as required by
substantial direct effect on the States, on 90 to exceed the critical length for failure in paragraph (h) of this AD, no alternative
the relationship between the national less time than the current inspection interval; actions (e.g., inspections) or intervals may be
government and the States, or on the and a determination that inspection used unless the actions or intervals are
distribution of power and requirements for a number of maintenance approved as an alternative method of
tasks involving certain airworthiness compliance (AMOC) in accordance with the
responsibilities among the various procedures specified in paragraph (l)(1) of
limitations are incorrect. We are issuing this
levels of government. this AD.
AD to address cracking in fuselage frame 90,
For the reasons discussed above, I which could cause it to fail and thereby (j) Terminating Action for Requirements of
certify that this AD: compromise the structural integrity of the AD 2005–15–11
aircraft pressure hull. We are also issuing this
(1) Is not a ‘‘significant regulatory AD to address fatigue damage of various Accomplishment of the actions required by
action’’ under Executive Order 12866, airplane structures, which could result in paragraph (h) of this AD terminates all
(2) Is not a ‘‘significant rule’’ under reduced structural integrity of the airplane. requirements of AD 2005–15–11.
the DOT Regulatory Policies and (f) Compliance (k) No Reporting Requirement
Procedures (44 FR 11034, February 26, Although the Accomplishment Instructions
Comply with this AD within the
1979), compliance times specified, unless already of BAE Systems (Operations) Limited Alert
(3) Will not affect intrastate aviation done. Service Bulletin J41–A53–058, dated
in Alaska, and December 6, 2016, specify to submit certain
(g) Inspection information to the manufacturer, this AD
(4) Will not have a significant At the compliance times specified in does not include that requirement.
economic impact, positive or negative, paragraphs (g)(1) and (g)(2) of this AD, as
(l) Other FAA AD Provisions
on a substantial number of small entities applicable: Do a detailed inspection of
under the criteria of the Regulatory fuselage frame 90 for cracking or fatigue The following provisions also apply to this
Flexibility Act. damage, in accordance with the AD:
Accomplishment Instructions of BAE (1) Alternative Methods of Compliance
List of Subjects in 14 CFR Part 39 Systems (Operations) Limited Alert Service (AMOCs): The Manager, International
Bulletin J41–A53–058, dated December 6, Section, Transport Standards Branch, FAA,
Air transportation, Aircraft, Aviation 2016. If any cracking or fatigue damage is has the authority to approve AMOCs for this
safety, Incorporation by reference, found: Before further flight, repair using a AD, if requested using the procedures found
Safety. method approved by the Manager, in 14 CFR 39.19. In accordance with 14 CFR
daltland on DSKBBV9HB2PROD with RULES

International Section, Transport Standards 39.19, send your request to your principal
Adoption of the Amendment Branch, FAA; or the European Aviation inspector or local Flight Standards District
Safety Agency (EASA); or BAE Systems Office, as appropriate. If sending information
Accordingly, under the authority (Operations) Limited’s EASA Design directly to the International Section, send it
delegated to me by the Administrator, Organization Approval (DOA). to the attention of the person identified in
the FAA amends 14 CFR part 39 as (1) For airplanes with 6,300 flight cycles or paragraph (m)(2) of this AD. Information may
follows: fewer since Structural Significant Items (SSI) be emailed to: 9-ANM-116-AMOC-

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Federal Register / Vol. 83, No. 192 / Wednesday, October 3, 2018 / Rules and Regulations 49789

REQUESTS@faa.gov. Before using any DEPARTMENT OF TRANSPORTATION U.S. Department of Transportation,
approved AMOC, notify your appropriate Docket Operations, M–30, West
principal inspector, or lacking a principal Federal Aviation Administration Building Ground Floor, Room W12–140,
inspector, the manager of the local flight
standards district office/certificate holding
1200 New Jersey Avenue SE,
district office.
14 CFR Part 39 Washington, DC 20590.
(2) Contacting the Manufacturer: For any [Docket No. FAA–2018–0394; Product FOR FURTHER INFORMATION CONTACT: Tom
requirement in this AD to obtain corrective Identifier 2018–NM–036–AD; Amendment Rodriguez, Aerospace Engineer,
actions from a manufacturer, the action must 39–19441; AD 2018–20–07] International Section, Transport
be accomplished using a method approved Standards Branch, FAA, 2200 South
by the Manager, International Section, RIN 2120–AA64
Transport Standards Branch, FAA; or EASA; 216th St., Des Moines, WA 98198;
or BAE Systems (Operations) Limited’s EASA Airworthiness Directives; Dassault telephone and fax 206–231–3226.
DOA. If approved by the DOA, the approval Aviation Airplanes SUPPLEMENTARY INFORMATION:
must include the DOA-authorized signature.
AGENCY: Federal Aviation Discussion
(m) Related Information Administration (FAA), Department of We issued a notice of proposed
(1) Refer to Mandatory Continuing Transportation (DOT).
Airworthiness Information (MCAI) EASA AD rulemaking (NPRM) to amend 14 CFR
2017–0187, dated September 22, 2017, for ACTION: Final rule. part 39 by adding an AD that would
related information. This MCAI may be apply to all Dassault Aviation Model
found in the AD docket on the internet at
SUMMARY: We are adopting a new MYSTERE-FALCON 50 airplanes. The
http://www.regulations.gov by searching for airworthiness directive (AD) for all NPRM published in the Federal
and locating Docket No. FAA–2018–0511. Dassault Aviation Model MYSTERE- Register on May 11, 2018 (83 FR 21953).
(2) For more information about this AD, FALCON 50 airplanes. This AD was The NPRM was prompted by a
contact Todd Thompson, Aerospace prompted by a determination that more
Engineer, International Section, Transport
determination that more restrictive
restrictive maintenance requirements maintenance requirements and
Standards Branch, FAA, 2200 South 216th and airworthiness limitations are
St., Des Moines, WA 98198; telephone and airworthiness limitations are necessary.
fax 206–231–3228.
necessary. This AD requires revising the The NPRM proposed to require revising
maintenance or inspection program, as the maintenance or inspection program,
(n) Material Incorporated by Reference applicable, to incorporate new and more as applicable, to incorporate new and
(1) The Director of the Federal Register restrictive maintenance requirements more restrictive maintenance
approved the incorporation by reference and airworthiness limitations. We are
(IBR) of the service information listed in this requirements and airworthiness
issuing this AD to address the unsafe limitations.
paragraph under 5 U.S.C. 552(a) and 1 CFR condition on these products.
part 51. We are issuing this AD to address
(2) You must use this service information DATES: This AD is effective November 7, reduced structural integrity of the
as applicable to do the actions required by 2018. airplane.
this AD, unless this AD specifies otherwise. The Director of the Federal Register The European Aviation Safety Agency
(i) BAE Systems (Operations) Limited Alert approved the incorporation by reference (EASA), which is the Technical Agent
Service Bulletin J41–A53–058, dated of a certain publication listed in this AD
December 6, 2016.
for the Member States of the European
as of November 7, 2018. Union, has issued EASA Airworthiness
(ii) BAE Systems (Operations) Limited
Service Bulletin J41–51–001, Revision 4, ADDRESSES: For service information Directive 2018–0026, dated January 30,
dated July 11, 2017. identified in this final rule, contact 2018 (referred to after this as the
(3) For service information identified in Dassault Falcon Jet Corporation, Mandatory Continuing Airworthiness
this AD, contact BAE Systems (Operations) Teterboro Airport, P.O. Box 2000, South Information, or ‘‘the MCAI’’), to correct
Limited, Customer Information Department, Hackensack, NJ 07606; telephone 201– an unsafe condition for all Dassault
Prestwick International Airport, Ayrshire,
KA9 2RW, Scotland, United Kingdom;
440–6700; internet http:// Aviation Model MYSTERE-FALCON 50
telephone +44 1292 675207; fax +44 1292 www.dassaultfalcon.com. You may airplanes. The MCAI states:
675704; email RApublications@ view this service information at the The airworthiness limitations and
baesystems.com; internet http:// FAA, Transport Standards Branch, 2200 certification maintenance instructions for the
www.baesystems.com/Businesses/ South 216th St., Des Moines, WA. For Dassault Mystère Falcon 50 aeroplanes,
RegionalAircraft/index.htm. information on the availability of this which are approved by EASA, are currently
(4) You may view this service information material at the FAA, call 206–231–3195. defined and published in the Dassault
at the FAA, Transport Standards Branch, It is also available on the internet at Mystère Falcon 50 Aircraft Maintenance
2200 South 216th St., Des Moines, WA. For Manual (AMM) chapter 5–40. These
information on the availability of this
http://www.regulations.gov by searching
for and locating Docket No. FAA–2018– instructions have been identified as
material at the FAA, call 206–231–3195. mandatory for continued airworthiness.
(5) You may view this service information 0394. Failure to accomplish these instructions
that is incorporated by reference at the Examining the AD Docket could result in an unsafe condition [i.e,
National Archives and Records reduced structural integrity of the airplane].
Administration (NARA). For information on You may examine the AD docket on Consequently, EASA issued [EASA] AD
the availability of this material at NARA, call the internet at http:// 2016–0067 [which corresponds to FAA AD
202–741–6030, or go to: http:// www.regulations.gov by searching for 2017–09–03, Amendment 39–18865 (82 FR
www.archives.gov/federal-register/cfr/ibr- and locating Docket No. FAA–2018– 21467, May 9, 2017)] to require
locations.html. accomplishment of the maintenance tasks,
0394; or in person at Docket Operations
Issued in Des Moines, Washington, on between 9 a.m. and 5 p.m., Monday and implementation of the airworthiness
daltland on DSKBBV9HB2PROD with RULES

September 14, 2018. through Friday, except Federal holidays. limitations, as specified in Dassault Mystère
John P. Piccola, Falcon 50 AMM chapter 5–40 Revision 23.
The AD docket contains this final rule, Since that [EASA] AD was issued, Dassault
Acting Director, System Oversight Division, the regulatory evaluation, any issued Revision 24 of the Dassault Mystère
Aircraft Certification Service. comments received, and other Falcon 50 AMM chapter 5–40, which
[FR Doc. 2018–21344 Filed 10–2–18; 8:45 am] information. The address for Docket introduces new and more restrictive
BILLING CODE 4910–13–P Operations (phone: 800–647–5527) is maintenance requirements and/or

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Document Created: 2018-10-03 02:29:39
Document Modified: 2018-10-03 02:29:39
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This AD is effective November 7, 2018.
Contact		Todd Thompson, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3228.
FR Citation		83 FR 49786
RIN Number		2120-AA64
CFR Associated		Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety
83 FR 49786 - Airworthiness Directives; BAE Systems (Operations) Limited Airplanes

DEPARTMENT OF TRANSPORTATIONFederal Aviation Administration

Federal Register Volume 83, Issue 192 (October 3, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
