[Federal Register Volume 68, Number 219 (Thursday, November 13, 2003)]
[Proposed Rules]
[Pages 64288-64290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28401]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-144-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 one-time inspections of the inner webs and flanges at 
frames 15, 18, 41, and 43 for evidence of corrosion or cracking, and 
corrective actions if necessary. This action is necessary to detect and 
correct corrosion and cracking of the inner webs and flanges at frames 
15, 18, 41, and 43, 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 December 15, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-144-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. 2002-NM-144-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 or 2000 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:
    [sbull] 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.
    [sbull] For each issue, state what specific change to the proposed 
AD is being requested.
    [sbull] 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 Number 2002-NM-144 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 No. 2002-NM-144-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

[[Page 64289]]

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 cracking 
has been discovered at the inner webs and flanges at frame 18. 
Investigation revealed that the cracking is caused by ingress of 
moisture leading to corrosion, followed by subsequent cracking. Such 
cracking, if not corrected, could result in reduced structural 
integrity of the airplane.

Explanation of Relevant Service Information

    BAE Systems (Operations) Limited has issued Service Bulletin 
ISB.53-165, dated December 11, 2001, which describes procedures for 
detailed visual inspections of frames 15, 18, 41, and 43 for evidence 
of corrosion or cracking. If corrosion or cracking is found, the 
corrective actions include blending to limits specified in the service 
bulletin and reprotecting all base metals. If corrosion or cracking 
exceeds the acceptable limits specified in the service bulletin, 
operators are instructed to contact the manufacturer. 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 004-12-2001 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 AD

    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 below.

Differences Between Proposed AD and Service Bulletin

    Although the service bulletin specifies that operators may contact 
the manufacturer for disposition of certain repair conditions, this 
proposed AD would require operators to repair those conditions per a 
method approved by the FAA or CAA (or its delegated agent). In light of 
the type of repair that would be required to address the unsafe 
condition, and consistent with existing bilateral airworthiness 
agreements, we have determined that, for this proposed AD, a repair 
approved by either the FAA or the CAA (or its delegated agent) would be 
acceptable for compliance with this proposed AD.
    The service bulletin specifies to submit information to the 
manufacturer; however, this proposed AD does not include such a 
requirement.
    The service bulletin also specifies compliance time in terms of 
``years of age'' and ``time period from first flight'' of the airplane; 
relative to the effective date of the service bulletin. Paragraph (b) 
of this proposed AD specifies the inspection thresholds in terms of 
years after the date of issuance of the original Airworthiness 
Certificate or the date of issuance of the Export Certificate of 
Airworthiness, whichever is earlier; and relative to the effective date 
of the proposed AD. This decision is based on our determination that 
``years of age'' and ``time period from first flight'' may be 
interpreted differently by different operators. We find that our 
proposed terminology is generally understood within the industry, and 
records will always exist that establish these dates with certainty.

Cost Impact

    The FAA estimates that 55 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 10 work 
hours per airplane to accomplish the proposed inspections, and that the 
average labor rate is $65 per work hour. Based on these figures, the 
cost impact of the proposed AD on U.S. operators is estimated to be 
$35,750, or $650 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 AD were not adopted. The cost impact figures 
discussed in AD 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 2002-NM-144-AD.

    Applicability: Model BAE 146 and Avro 146-RJ series airplanes, 
certificated in any category; except those airplanes on which either 
BAe Modification HCM30514A or HCM30514C, and either HCM30514B or 
HCM30514D, have been accomplished.

[[Page 64290]]

    Compliance: Required as indicated, unless accomplished 
previously.
    To detect and correct corrosion and cracking of the inner webs 
and flanges at frames 15, 18, 41, and 43, which could result in 
reduced structural integrity of the airplane, accomplish the 
following:

Inspection

    (a) Except as provided by paragraph (c) of this AD: Do a 
detailed inspection of frames 15, 18, 41, and 43 (including any 
applicable repair) by accomplishing all actions specified in the 
Accomplishment Instructions of BAE Systems (Operations) Limited 
Service Bulletin ISB.53-165, dated December 11, 2001. Do the 
inspection at the applicable time specified in paragraph (b) of this 
AD.

    Note 1: For the purposes of this AD, a detailed 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.''

Compliance Times

    (b) Do the inspection required by paragraph (a) of this AD at 
the applicable time specified in paragraph D., ``Compliance,'' of 
the service bulletin, except where the service bulletin specifies 
``time period from first flight'' or ``years of age,'' this AD 
establishes the thresholds in terms of years after the date of 
issuance of the original Airworthiness Certificate or the date of 
issuance of the Export Certificate of Airworthiness, whichever is 
earlier. Where the service bulletin specifies compliance times 
relative to the date of the service bulletin, this AD requires 
compliance times relative to the effective date of this AD.

Corrective Actions

    (c) If any discrepancy is found during any inspection required 
by paragraph (a) of this AD, before further flight, accomplish the 
applicable repair in accordance with the Accomplishment Instructions 
of BAE Systems (Operations) Limited Service Bulletin ISB.53-165, 
dated December 11, 2001. If the service bulletin specifies to 
contact the manufacturer for appropriate action, before further 
flight, repair per a method approved by the Manager, International 
Branch, ANM-116, FAA, Transport Airplane Directorate; or the Civil 
Aviation Authority (or its delegated agent).

Submission of Inspection Results Not Required

    (d) Although the service bulletin referenced in this AD 
specifies to submit information to the manufacturer, this AD does 
not include such a requirement.

Alternative Methods of Compliance

    (e) In accordance with 14 CFR 39.19, the Manager, International 
Branch, ANM-116, FAA, is authorized to approve alternative methods 
of compliance for this AD.

    Note 2: The subject of this AD is addressed in British 
airworthiness directive 004-12-2001.



    Issued in Renton, Washington, on November 6, 2003.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-28401 Filed 11-12-03; 8:45 am]
BILLING CODE 4910-13-P