Airworthiness Directives:
Federal Register Volume 76, Number 169 (Wednesday, August 31, 2011)
Proposed Rules
Pages 54139-54141
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
FR Doc No: 2011-22224
Federal Register
Proposed Rules
Page 54139
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration 14 CFR Part 39
Docket No. FAA-2011-0911; Directorate Identifier 2010-NM-248-AD
RIN 2120-AA64
Airworthiness Directives; BAE SYSTEMS (Operations) Limited Model 4101 Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
SUMMARY: We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:
A door failure mode has been reported by an operator.
Investigation has shown that the passenger/crew entry door pin- guide plates can fail prior to the expected fatigue life. A metallurgical examination of the failed component (lower guide plate) concluded that the occurred failure was due to exfoliation corrosion.
The current inspection regime is not adequate to identify early stages of this corrosion.
This condition, if not corrected, can lead to the sudden depressurisation of the aeroplane and consequently may injure the occupants.
* * * * *
The proposed AD would require actions that are intended to address the unsafe condition described in the MCAI.
DATES: We must receive comments on this proposed AD by October 17, 2011.
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-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 W12-40, 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; e-mail
RApublications@baesystems.com; Internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm. You may review copies of the referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington. 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; or in person at the Docket Operations office 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, Washington 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-2011-0911;
Directorate Identifier 2010-NM-248-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
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2010-0179, dated August 30, 2010 (referred to after this as ``the MCAI''), to correct an unsafe condition for the specified products. The MCAI states:
A door failure mode has been reported by an operator.
Investigation has shown that the passenger/crew entry door pin- guide plates can fail prior to the expected fatigue life. A metallurgical examination of the failed component (lower guide plate) concluded that the occurred failure was due to exfoliation corrosion.
The current inspection regime is not adequate to identify early stages of this corrosion.
This condition, if not corrected, can lead to the sudden depressurisation of the aeroplane and consequently may injure the occupants.
For the reasons described above, this [EASA] AD requires immediate and periodic ultrasonic inspections [for a split caused by exfoliation corrosion] of the door pin guides and the accomplishment of the relevant corrective actions [replacing the affected guideplates] as necessary.
You may obtain further information by examining the MCAI in the AD docket.
Relevant Service Information
BAE SYSTEMS (Operations) Limited has issued Service Bulletin J41- 52-064, dated September 15, 2009. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI.
Page 54140
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.
Differences Between This AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information.
We might also have proposed different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are highlighted in a NOTE within the proposed AD.
Costs of Compliance
Based on the service information, we estimate that this proposed AD would affect about 2 products of U.S. registry. We also estimate that it would take about 2 work-hours per product to comply with the basic requirements of this proposed AD. The average labor rate is $85 per work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $340, or $170 per product.
In addition, we estimate that any necessary follow-on actions would take about 2 work-hours and require parts costing $525, for a cost of
$1,050 per product. We have no way of determining the number of products that may need these actions.
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); 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 proposed AD and placed it in the AD docket.
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.
Sec. 39.13 [Amended] 2. The FAA amends Sec. 39.13 by adding the following new AD:
BAE SYSTEMS (Operations) Limited: Docket No. FAA-2011-0911;
Directorate Identifier 2010-NM-248-AD.
Comments Due Date
(a) We must receive comments by October 17, 2011.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all BAE SYSTEMS (Operations) Limited
Model 4101 airplanes; certificated in any category.
Subject
(d) Air Transport Association (ATA) of America Code 52: Doors.
Reason
(e) The mandatory continuing airworthiness information (MCAI) states:
A door failure mode has been reported by an operator.
Investigation has shown that the passenger/crew entry door pin- guide plates can fail prior to the expected fatigue life. A metallurgical examination of the failed component (lower guide plate) concluded that the occurred failure was due to exfoliation corrosion.
The current inspection regime is not adequate to identify early stages of this corrosion.
This condition, if not corrected, can lead to the sudden depressurisation of the aeroplane and consequently may injure the occupants.
* * * * *
Compliance
(f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the actions have already been done.
Actions
(g) Within 6 months after the effective date of this AD, do an ultrasonic inspection of the passenger/crew door upper and lower guide plates for a split caused by exfoliation corrosion, in accordance with the Accomplishment Instructions of BAE SYSTEMS
(Operations) Limited Service Bulletin J41-52-064, dated September 15, 2009. Repeat the ultrasonic inspection, thereafter, at intervals not to exceed 48 Months.
(h) If a split caused by exfoliation corrosion of an area of 78mm[sup2] (0.12 in.[sup2]) or greater is found during any ultrasonic inspection required by paragraph (g) of this AD: Before further flight, replace any affected guide plates with a serviceable guide plate, in accordance with the Accomplishment Instructions of
BAE SYSTEMS (Operations) Limited Service Bulletin J41-52-064, dated
September 15, 2009.
FAA AD Differences
Note 1: This AD differs from the MCAI and/or service information as follows: No differences.
Other FAA AD Provisions
(i) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, 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
Page 54141
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, Washington 98057- 3356; telephone (425) 227-1175; fax (425) 227-1149. Information may be e-mailed 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) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product is airworthy before it is returned to service.
Related Information
(j) Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2010-0179, dated August 30, 2010; and BAE SYSTEMS
(Operations) Limited Service Bulletin J41-52-064, dated September 15, 2009; for related information.
Issued in Renton, Washington, on August 23, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
FR Doc. 2011-22224 Filed 8-30-11; 8:45 am
BILLING CODE 4910-13-P
