[Federal Register Volume 69, Number 142 (Monday, July 26, 2004)]
[Proposed Rules]
[Pages 44474-44476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16917]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / 
Proposed Rules  

[[Page 44474]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-18678; Directorate Identifier 2001-NM-312-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all BAE Systems (Operations) Limited Model BAe 146 and Avro 146-RJ 
series airplanes. This proposed AD would require repetitive detailed 
inspections of the rear fuselage upper skin to detect cracking due to 
fatigue, and repair if necessary. This proposed AD is prompted by 
evidence of cracking due to fatigue along the edges of certain chemi-
etched pockets in the rear fuselage upper skin. We are proposing this 
AD to prevent a possible sudden loss of cabin pressure and consequent 
injury to passengers and flightcrew.

DATES: We must receive comments on this proposed AD by August 25, 2004.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, room PL-401, 
Washington, DC 20590.
     By fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., 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 
British Aerospace Regional Aircraft American Support, 13850 Mclearen 
Road, Herndon, Virginia 20171.
    You can examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street, SW., room PL-401, on 
the plaza level of the Nassif Building, Washington, DC.

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: 

Docket Management System (DMS)

    The FAA has implemented new procedures for maintaining AD dockets 
electronically. As of May 17, 2004, new AD actions are posted on DMS 
and assigned a docket number. We track each action and assign a 
corresponding directorate identifier. The DMS AD docket number is in 
the form ``Docket No. FAA-2004-99999.'' The Transport Airplane 
Directorate identifier is in the form ``Directorate Identifier 2004-NM-
999-AD.'' Each DMS AD docket also lists the directorate identifier 
(``Old Docket Number'') as a cross-reference for searching purposes.

Comments Invited

    We invite you to submit any written relevant data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2004-18678; 
Directorate Identifier 2001-NM-312-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments submitted by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of our 
docket Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You can review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
may visit http://dms.dot.gov.
    We are reviewing the writing style we currently use in regulatory 
documents. We are interested in your comments on whether the style of 
this document is clear, and your suggestions to improve the clarity of 
our communications that affect you. You can get more information about 
plain language at http://www.faa.gov/language and http://www.plainlanguage.gov.

Examining the Docket

    You can examine the AD docket in person at the Docket Management 
Facility office between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The Docket Management Facility office 
(telephone (800) 647-5227) is located on the plaza level of the Nassif 
Building at the DOT street address stated in the ADDRESSES section. 
Comments will be available in the AD docket shortly after the DMS 
receives them.

Discussion

    The Civil Aviation Authority (CAA), which is the airworthiness 
authority for the United Kingdom, notified us that an unsafe condition 
may exist on all BAE Systems (Operations) Limited Model BAe 146 and 
Avro 146-RJ series airplanes. The CAA advises that operators have 
reported evidence of cracking due to fatigue along the edges of the 
chemi-etched pockets in the rear fuselage upper skin adjacent to the 
lap joint at stringer 2 between frames 34 and 35, and adjacent to the 
lap joint at stringer 10 between frames 38 and 37. This condition, if 
not corrected, could result in joining of those cracks and lead to 
possible sudden loss of cabin pressure with consequent injury to 
passengers and flightcrew.

[[Page 44475]]

Relevant Service Information

    BAE Systems (Operations) Limited has issued Inspection Service 
Bulletin ISB.53-164, dated July 10, 2001. The ISB describes procedures 
for repetitive detailed inspections to detect cracking of certain upper 
skin panels of the rear fuselage, and repair if necessary. 
Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition. The CAA approved 
the service information.

FAA's Determination and Requirements of the Proposed AD

    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. We have examined the CAA's 
findings, evaluated all pertinent information, and determined that AD 
action is necessary for products of this type design that are 
certificated for operation in the United States.
    Therefore, we are proposing this AD, which would require repetitive 
detailed inspections of the rear fuselage upper skin to detect cracking 
due to fatigue, and related corrective actions if necessary. The 
proposed AD would require you to use the service information described 
previously to perform these actions, except as discussed under 
``Differences Between the Proposed AD and Referenced Service 
Bulletin.''

Difference Between Proposed Rule and Referenced Service Bulletin

    Operators should note that, although the referenced service 
bulletin describes procedures for submitting Appendix 1 of the service 
bulletin with inspection results to the manufacturer, this proposed AD 
would not require that action. We do not need this information from 
operators.
    The service bulletin specifies that you may contact the 
manufacturer for instructions on how to repair certain conditions, but 
this proposed AD would require you to repair those conditions using a 
method that we or the CAA (or its delegated agent) approve. 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 we 
or the CAA approve would be acceptable for compliance with this 
proposed AD.

Cost Impact

    This proposed AD would affect about 55 airplanes of U.S. registry. 
The proposed actions would take about 4 work hours per airplane, at an 
average labor rate of $65 per work hour. Based on these figures, the 
estimated cost of the proposed AD for U.S. operators is $14,300, or 
$260 per airplane, per inspection cycle.

Regulatory Findings

    We have 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 that the 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. See the ADDRESSES section for a location 
to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, 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 
airworthiness directive (AD):

BAE Systems (Operations) Limited (Formerly British Aerospace 
Regional Aircraft): Docket No. FAA-2004-18678; Directorate 
Identifier 2001-NM-312-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by August 25, 2004.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all BAE Systems (Operations) Limited 
Model BAe 146 and Avro 146-RJ series airplanes, certificated in any 
category.

Unsafe Condition

    (d) This AD was prompted by evidence of cracking due to fatigue 
along the edges of certain chemi-etched pockets in the rear fuselage 
upper skin. We are issuing this AD to prevent a possible sudden loss 
of cabin pressure and consequent injury to passengers and 
flightcrew.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Inspection and Repair

    (f) Within the applicable compliance times specified in 
paragraph (f)(1) or (f)(2) of this AD, perform a detailed inspection 
of the rear fuselage upper skin to detect cracking, in accordance 
with the Accomplishment Instructions of BAE Systems (Operations) 
Limited Inspection Service Bulletin ISB.53-164, dated July 10, 2001.


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


    (1) For Model Avro 146-RJ series airplanes: Inspect before the 
accumulation of 10,000 total landings, or within 2,000 landings 
after the effective date of this AD, whichever is later.
    (i) For areas where no crack is found, repeat the inspection at 
intervals not to exceed 4,000 landings.
    (ii) For areas where any crack is found, before further flight, 
perform repairs in accordance with a method approved by the Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA; 
or the Civil Aviation Authority (CAA) (or its delegated agent). No 
further inspection of any repaired area is required by this AD.
    (2) For Model BAe 146 series airplanes: Inspect before the 
accumulation of 16,000 total landings, or within 4,000 landings 
after the effective date of this AD, whichever is later.
    (i) For areas where no crack is found, repeat the inspection at 
intervals not to exceed 8,000 landings.
    (ii) For areas where any crack is found, before further flight, 
perform repairs in

[[Page 44476]]

accordance with a method approved by the Manager, International 
Branch, ANM-116; or the CAA (or its delegated agent). No further 
inspection of any repaired area is required by this AD.

No Reporting Requirement

    (g) Although the referenced service bulletin specifies to submit 
Appendix 1 of the service bulletin with certain information to the 
manufacturer, this AD does not require that action.

Alternative Methods of Compliance (AMOCs)

    (h) The Manager, ANM-116, FAA, has the authority to approve 
AMOCs for this AD, if requested in accordance with the procedures 
found in 14 CFR 39.19.

Related Information

    (i) None.

    Issued in Renton, Washington, on July 19, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-16917 Filed 7-23-04; 8:45 am]
BILLING CODE 4910-13-P