[Federal Register Volume 66, Number 193 (Thursday, October 4, 2001)]
[Proposed Rules]
[Pages 50586-50588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24873]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-224-AD]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited Model 
BAe 146 and Avro 146-RJ Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain BAE Systems (Operations) 
Limited Model BAe 146 and Avro 146-RJ series airplanes. This proposal 
would require a one-time inspection to detect corrosion of the flap 
structure and machined ribs, corrective actions if necessary, and 
reprotection of the rib boss bores. This action is necessary to detect 
and correct corrosion in the flap structure and machined ribs, which 
could result in reduced structural integrity of the airplane. This 
action is intended to address the identified unsafe condition.

DATES: Comments must be received by November 5, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-224-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2001-NM-224-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must

[[Page 50587]]

be formatted in Microsoft Word 97 for Windows or ASCII text.
    The service information referenced in the proposed rule may be 
obtained from British Aerospace Regional Aircraft American Support, 
13850 Mclearen Road, Herndon, Virginia 20171. This information may be 
examined at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, 
SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1175; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this action may be changed in 
light of the comments received.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
     For each issue, state what specific change to the proposed 
AD is being requested.
     Include justification (e.g., reasons or data) for each 
request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket 2001-NM-224-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket 2001-NM-224-AD, 1601 Lind Avenue, SW., Renton, Washington 98055-
4056.

Discussion

    The Civil Aviation Authority (CAA), which is the airworthiness 
authority for the United Kingdom, notified the FAA that an unsafe 
condition may exist on certain BAE Systems (Operations) Limited Model 
BAe 146 and Avro 146-RJ series airplanes. The CAA advises that, during 
routine maintenance, corrosion was detected at various locations within 
the flap structure and machined ribs. Additional corrosion in this 
location has since been identified through specific inspections. 
Corrosion in the flap structure and machined ribs, if not corrected, 
could result in reduced structural integrity of the airplane.

Explanation of Relevant Service Information

    The manufacturer has issued BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.57-066, dated May 15, 2001, which 
describes procedures for a one-time detailed visual inspection to 
detect corrosion of the flap structure and machined ribs. Corrective 
actions for corrosion specified by the service bulletin include, among 
other things, repair of corrosion by blending to specified limits, a 
follow-up liquid penetrant inspection of the blended area to detect any 
remaining corrosion, and a single repeated detailed visual inspection. 
For all airplanes, the service bulletin describes procedures for 
reprotection of the rib boss bores. Accomplishment of the actions 
specified in the service bulletin is intended to adequately address the 
identified unsafe condition. The CAA classified this service bulletin 
as mandatory and issued British airworthiness directive 002-05-2001 to 
ensure the continued airworthiness of these airplanes in the United 
Kingdom.

FAA's Conclusions

    These airplane models are manufactured in the United Kingdom and 
are type certificated for operation in the United States under the 
provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 
21.29) and the applicable bilateral airworthiness agreement. Pursuant 
to this bilateral airworthiness agreement, the CAA has kept the FAA 
informed of the situation described above. The FAA has examined the 
findings of the CAA, reviewed all available information, and determined 
that AD action is necessary for products of this type design that are 
certificated for operation in the United States.

Explanation of Requirements of Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design registered 
in the United States, the proposed AD would require accomplishment of 
the actions specified in the service bulletin described previously, 
except as discussed in the section titled ``Difference Between Proposed 
AD and Service Bulletin.''
    The service bulletin recommends that operators submit reports of 
inspection results to the manufacturer. While ADs do not typically 
require a report, the inspection results will enable the manufacturer 
to determine the prevalence of the corrosion in the affected fleet. 
Therefore, Note 3 has been included in this proposed AD to advise 
operators accordingly.

Difference Between Proposed AD and Service Bulletin

    Operators should note that, although the service bulletin specifies 
that the manufacturer may be contacted for disposition of certain 
repair conditions, this proposal would require the repair of those 
conditions to be accomplished per a method approved by either the FAA, 
or the CAA (or its delegated agent). In light of the type of repair 
that would be required to address the identified unsafe condition, and 
in consonance with existing bilateral airworthiness agreements, the FAA 
has determined that, for this proposed AD, a repair approved by either 
the FAA or the CAA would be acceptable for compliance with this 
proposed AD.

Cost Impact

    The FAA estimates that 60 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 160 work 
hours per airplane (including access, testing, and close-up) to 
accomplish the proposed inspection, and that the average labor rate is 
$60 per work hour. Based on these figures, the cost impact of the 
proposed AD on U.S. operators is estimated to be $576,000, or $9,600 
per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed requirements of 
this AD action, and that no operator would accomplish those actions in 
the future if this proposed AD were not adopted. The cost impact 
figures discussed in AD

[[Page 50588]]

rulemaking actions represent only the time necessary to perform the 
specific actions actually required by the AD. These figures typically 
do not include incidental costs, such as the time required to gain 
access and close up, planning time, or time necessitated by other 
administrative actions.

Regulatory Impact

    The regulations proposed herein 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. Therefore, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that 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) if promulgated, 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. A copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new 
airworthiness directive:

BAE Systems (Operations) Limited (Formerly British Aerospace 
Regional Aircraft): Docket 2001-NM-224-AD.

    Applicability: Model BAe 146 and Avro 146-RJ series airplanes, 
certificated in any category; except those modified in accordance 
with BAE Systems Modification HCM01694F.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (d) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To detect and correct corrosion in the flap structure and 
machined ribs, which could result in reduced structural integrity of 
the airplane, accomplish the following:

Inspection

    (a) Within 6 years since the date of manufacture of the 
airplane, or within 2 years after the effective date of this AD, 
whichever occurs later: Perform a detailed visual inspection to 
detect corrosion of the flap structure and machined ribs, in 
accordance with BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.57-066, dated May 15, 2001.
    (1) If no corrosion is detected: Prior to further flight, 
reprotect the boss bores in accordance with the service bulletin.
    (2) If any corrosion is detected: Except as required by 
paragraph (b) of this AD, accomplish the actions required by 
paragraphs (a)(2)(i) and (a)(2)(ii) of this AD.
    (i) Prior to further flight: Perform corrective actions and 
reprotect the boss bores in accordance with the service bulletin.
    (ii) Within 3 years but not sooner than 2 years following the 
reprotection specified by paragraph (a)(2)(i) of this AD: Repeat the 
detailed visual inspection.

    Note 2: For the purposes of this AD, a detailed visual 
inspection is defined as: ``An intensive visual examination of a 
specific structural area, system, installation, or assembly to 
detect damage, failure, or irregularity. Available lighting is 
normally supplemented with a direct source of good lighting at 
intensity deemed appropriate by the inspector. Inspection aids such 
as mirror, magnifying lenses, etc., may be used. Surface cleaning 
and elaborate access procedures may be required.''

    (b) If any inspection required by this AD reveals any corrosion 
or other discrepancy for which the service bulletin specifies to 
contact the manufacturer for appropriate action: Prior to further 
flight, repair per a method approved by either the Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA; 
or the Civil Aviation Authority (CAA) (or its delegated agent).

    Note 3: BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.57-066 recommends that operators submit a report of 
their inspection findings to the manufacturer. Although operators 
may submit such a report, this AD does not require it.

Spares

    (c) As of the effective date of this AD, no person may install a 
flap on any affected airplane, unless the inspection and applicable 
corrective actions have been accomplished in accordance with the 
requirements of this AD.

Alternative Methods of Compliance

    (d) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, International Branch, ANM-116. 
Operators shall submit their requests through an appropriate FAA 
Principal Maintenance Inspector, who may add comments and then send 
it to the Manager, International Branch, ANM-116.

    Note 4: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

Special Flight Permits

    (e) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.

    Note 5: The subject of this AD is addressed in British 
airworthiness directive 002-05-2001.


    Issued in Renton, Washington, on September 28, 2001.
Charles Huber,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-24873 Filed 10-3-01; 8:45 am]
BILLING CODE 4910-13-U