DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0461; Project Identifier MCAI-2021-01156-T]
Airworthiness Directives; BAE Systems (Operations) Limited
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
SUMMARY: The FAA proposes to supersede Airworthiness Directive
2008-16-06, which applies to all BAE Systems (Operations) Limited Model
4101 airplanes. AD 2008-16-06 requires the installation of additional
bonding leads, inspection of existing bonding leads for defects,
inspection of fuel system pipe runs in the wings to ensure appropriate
clearances are maintained, and corrective actions. Since the FAA issued
AD 2008-16-06, a safety analysis by BAE Systems (Operations) Limited
identified insufficient bonding for the crossfeed valve in the fuel
tank area. This proposed AD would continue to require the actions in AD
2008-16-06, and add a requirement to install additional bonding leads
around the crossfeed valve and accomplish a resistance check. The FAA
is proposing this AD to address the unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by June
ADDRESSES: You may send comments, using the procedures found in
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow
for submitting comments.
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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this NPRM, 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 https://www.baesystems.com/Businesses/RegionalAircraft/index.htm.
You may view
this service information at the FAA, Airworthiness Products Section, Operational
Safety Branch, 2200 South 216th St., Des Moines, WA. For information on
the availability of this material at the FAA, call 206-231-3195.
Examining the AD Docket
You may examine the AD docket on the internet at https://www.regulations.gov
by searching for and locating Docket No. FAA-2022-
0461; 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 NPRM, the mandatory continuing airworthiness information (MCAI),
any comments received, and other information. The street address for
Docket Operations is listed above. Comments will be available in the AD
docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3228;
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-0461; Project Identifier
MCAI-2021-01156-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this proposed AD.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Todd
Thompson, Aerospace Engineer, Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax 206-231-3228; email email@example.com. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.
The FAA issued AD 2008-16-06, Amendment 39-15624 (73 FR 45346,
August 5, 2008) (AD 2008-16-06), for all BAE Systems (Operations)
Limited Model 4101 airplanes. AD 2008-16-06 requires the installation
of additional bonding leads, inspection of existing bonding leads for
defects, inspection of fuel system pipe runs in the wings to ensure
appropriate clearances are maintained, and corrective actions.
Corrective actions include replacing any defective bonding leads and
adjusting clearances of the fuel system pipe runs. AD 2008-16-06
resulted from a Special Federal Aviation Regulation 88 (SFAR 88) and
equivalent Joint Aviation Authorities/European Aviation Safety Agency
(JAA/EASA) policy assessment of fuel tank wiring installations in which
BAE Systems (Operations) Limited identified the need for design changes
to the bonding in the fuel tank area of Model 4101 airplanes. The FAA
issued AD 2008-16-06 to address insufficient or defective bonding in
the fuel tank area, which, if not corrected, could lead to ignition of
fuel vapors and subsequent fuel tank explosion.
Actions Since AD 2008-16-06 Was Issued
Since the FAA issued AD 2008-16-06, a safety analysis by BAE
Systems (Operations) Limited identified insufficient bonding for the
crossfeed valve in the fuel tank, and determined that installing
additional bonding leads around the crossfeed valve and a resistance
check are required.
The Civil Aviation Authority (CAA), which is the aviation authority
for the United Kingdom, has issued CAA AD G-2021-0013, dated October
21, 2021 (also referred to as the MCAI), to correct an unsafe condition
for all BAE Systems (Operations) Limited Model 4101 airplanes. You may
examine the MCAI in the AD docket on the internet at https://www.regulations.gov
by searching for and locating Docket No. FAA-2022-0461.
This proposed AD was prompted by a report that there is
insufficient bonding of the crossfeed valve in the fuel tank area. The
FAA is proposing this AD to address insufficient or defective bonding
in the fuel tank area, which, if not corrected, could lead to ignition
of fuel vapors and subsequent fuel tank explosion. See the MCAI for
additional background information.
Related Service Information Under 1 CFR Part 51
BAE Systems (Operations) Limited has issued Service Bulletin J41-
28-013, Revision 2, dated July 8, 2019. This service information
describes procedures for installation of additional bonding leads on
components within the dry bay at Rib 1 on the airplane centerline and
below the fuselage (around the crossfeed valve), a resistance check, an
inspection of existing bonding leads for defects, an inspection for
clearance of all fuel system pipe runs in the wings, and corrective
actions, as necessary. Corrective actions include replacing any
defective bonding leads and adjusting clearances of the fuel system
This proposed AD would also require BAE Systems (Operations)
Limited Service Bulletin J41-28-013, Revision 1, dated January 10,
2008, which the Director of the Federal Register approved for
incorporation by reference as of September 9, 2008 (73 FR 45346, August
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.
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
and service information referenced above. The FAA is proposing this AD
because the FAA evaluated all the relevant information and determined
the unsafe condition described previously is likely to exist or develop
on other products of the same type design.
Proposed Requirements of This NPRM
This proposed AD would retain all requirements of AD 2008-16-06.
This proposed AD would also require accomplishing the actions specified
in the service information described previously.
Costs of Compliance
The FAA estimates that this proposed AD affects 12 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
Estimated Costs for Required Actions
|Retained actions from AD 2008-16-06
||80 work-hours x $85 per hour
|New proposed actions
||2 work-hours x $85 per hour =
Estimated Costs of On-Condition
|1 work-hour x $85 per hour =
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.
The FAA is 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.
The FAA has 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
For the reasons discussed above, I certify this proposed
(1) Is not a ``significant regulatory action'' under Executive
(2) Will not affect intrastate aviation in Alaska, 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
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:
a. Removing Airworthiness Directive (AD) 2008-16-06, Amendment 39-15624
(73 FR 45346, August 5, 2008); and
b. Adding the following new AD: