[Federal Register Volume 69, Number 146 (Friday, July 30, 2004)]
[Proposed Rules]
[Pages 45614-45616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17224]


 ========================================================================
 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.
 
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  Federal Register / Vol. 69, No. 146 / Friday, July 30, 2004 / 
Proposed Rules  

[[Page 45614]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-18716; Directorate Identifier 2003-NM-240-AD]
RIN 2120-AA64


Airworthiness Directives; 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 external 
eddy current inspections of the forward fuselage 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 the 
chemi-etched pockets in certain front fuselage canopy skin panels. We 
are proposing this AD to prevent reduced structural integrity of the 
airplane fuselage.

DATES: We must receive comments on this proposed AD by August 30, 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.
    You can get the service information identified in this proposed AD 
from 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-2004-18716; 
Directorate Identifier 2003-NM-240-AD'' in the subject line 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 
that website, 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 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

    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 evidence of cracking 
due to fatigue has been found along the edges of the chemi-etched 
pockets in certain front fuselage canopy skin panels. This condition, 
if not corrected, could result in reduced structural integrity of the 
airplane fuselage.

Relevant Service Information

    BAE Systems (Operations) Limited has issued Inspection Service 
Bulletin ISB.53-167, including Appendices 2 and 3, all dated June 27, 
2003. The ISB describes procedures for repetitive external eddy current 
inspections of certain front fuselage canopy skin

[[Page 45615]]

panels to detect cracking, and repair if necessary. Accomplishing the 
actions specified in the service information is intended to adequately 
address the unsafe condition. The CAA mandated the service information 
and issued British airworthiness directive 007-06-2003 to ensure the 
continued airworthiness of these airplanes in the United Kingdom.

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 
external eddy current inspections of certain front fuselage canopy skin 
panels to detect cracking, and repair 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.''

Differences Between the Proposed AD and Referenced Service Bulletin

    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 perform repairs in 
accordance with the structural repair manual (SRM), or that you may 
contact the manufacturer for instructions on how to repair conditions 
outside the limits defined in the SRM, 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.

Costs of Compliance

    This proposed AD would affect about 54 airplanes of U.S. registry. 
The proposed actions would take about 40 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 $140,400, or 
$2,600 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-2004-18716; Directorate 
Identifier 2003-NM-240-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by August 30, 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 the chemi-etched pockets in certain front 
fuselage canopy skin panels. We are issuing this AD to prevent 
reduced structural integrity of the airplane fuselage.

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.

Inspections and Repair

    (f) Within the applicable compliance time specified in paragraph 
(f)(1) or (f)(2) of this AD, perform an external eddy current 
inspection of the forward fuselage skin to detect cracking, in 
accordance with the Accomplishment Instructions of BAE Systems 
(Operations) Limited Inspection Service Bulletin ISB.53-167, 
including Appendices 2 and 3, all dated June 27, 2003.
    (1) 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, 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 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, perform repairs in 
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 service bulletin referenced in this AD 
specifies to submit Appendix 1 of the service bulletin with certain 
information to the manufacturer, this AD does not include that 
requirement.

Alternative Methods of Compliance (AMOCs)

    (h) The Manager, International Branch, ANM-116, has the 
authority to approve AMOCs for this AD, if requested in

[[Page 45616]]

accordance with the procedures found in 14 CFR 39.19.

Related Information

    (i) British airworthiness directive 007-06-2003 also addresses 
the subject of this AD.

    Issued in Renton, Washington, on July 21, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-17224 Filed 7-29-04; 8:45 am]
BILLING CODE 4910-13-P