[Federal Register Volume 70, Number 29 (Monday, February 14, 2005)]
[Rules and Regulations]
[Pages 7390-7392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2576]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19765; Directorate Identifier 2002-NM-72-AD; 
Amendment 39-13971; AD 2005-03-15]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain BAE Systems (Operations) Limited Model BAe 146 series airplanes 
and Model Avro 146-RJ series airplanes. This AD requires repetitive 
inspections to detect discrepancies of the fuselage skin and 
reinforcing plates along the wing to fuselage fairing access panels on 
the left- and right-hand sides of the airplane, and repair if 
necessary. This AD also provides for an optional terminating action for 
the repetitive inspections. This AD is prompted by a report of chafing 
on the wing to fuselage fairing panels. We are issuing this AD to 
prevent chafing of the fuselage skin and reinforcing plates, which 
could lead to reduced structural integrity of the airplane's fuselage.

DATES: This AD becomes effective March 21, 2005.
    The incorporation by reference of certain publications listed in 
the AD is approved by the Director of the Federal Register as of March 
21, 2005.

ADDRESSES: For service information identified in this AD, contact 
British Aerospace Regional Aircraft American Support, 13850 Mclearen 
Road, Herndon, Virginia 20171. You can examine this information at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call (202) 741-6030, or go 
to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    Docket: The AD docket contains the proposed AD, comments, and any 
final disposition. You can examine the AD docket on the Internet at 
http://dms.dot.gov, or 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 U.S. 
Department of Transportation, 400 Seventh Street, SW., room PL-401, 
Washington, DC. This docket number is FAA-2004-19765; the directorate 
identifier for this docket is 2002-NM-72-AD.

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: The FAA proposed to amend 14 CFR Part 39 
with an AD for certain BAE Systems (Operations) Limited Model BAe 146 
series airplanes and Model Avro 146-RJ

[[Page 7391]]

series airplanes. That action, published in the Federal Register on 
December 7, 2004 (69 FR 70564), proposed to require repetitive 
inspections to detect discrepancies of the fuselage skin and 
reinforcing plates along the wing to fuselage fairing access panels on 
the left- and right-hand sides of the airplane, and repair if 
necessary.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. No comments have been submitted on the proposed 
AD or on the determination of the cost to the public.

Conclusion

    We have carefully reviewed the available data and determined that 
air safety and the public interest require adopting the AD as proposed.

Costs of Compliance

    This AD will affect about 65 airplanes of U.S. registry. The 
inspection will 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 AD for U.S. operators is $16,900, or $260 per airplane, per 
inspection cycle.

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.
    We are 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.

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD will 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 this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under 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 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, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):
2005-03-15 BAE Systems (Operations) Limited (Formerly British 
Aerospace Regional Aircraft): Amendment 39-13971. Docket No. FAA-
2004-19765; Directorate Identifier 2002-NM-72-AD.

Effective Date

    (a) This AD becomes effective March 21, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to BAE Systems (Operations) Limited Model 
BAe 146 series airplanes and Model Avro 146-RJ series airplanes; 
certificated in any category; on which modification HCM01037A has 
been incorporated.

Unsafe Condition

    (d) This AD was prompted by a report of chafing on the wing to 
fuselage fairing panels. We are issuing this AD to prevent chafing 
of the fuselage skin and reinforcing plates, which could lead to 
reduced structural integrity of the airplane's 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.

Service Bulletin

    (f) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.53-162, dated September 12, 2001.

Repetitive Detailed Inspections

    (g) Prior to the accumulation of 8,000 total flight cycles, or 
within 500 flight cycles after the effective date of this AD, 
whichever occurs later, do a detailed inspection to detect 
discrepancies (i.e., chafing outside the limits specified in the 
service bulletin, scoring, or cracking) of the fuselage skin and 
reinforcing plates along the wing to fuselage fairing access panels 
on the left- and right-hand sides of the airplane, in accordance 
with the service bulletin. Repeat the detailed inspection thereafter 
at intervals not to exceed 4,000 flight cycles, until the 
terminating action specified in paragraph (i) of this AD has been 
done.

    Note 1:
    For the purposes of this AD, a detailed inspection is ``an 
intensive examination of a specific item, installation, or assembly 
to detect damage, failure, or irregularity. Available lighting is 
normally supplemented with a direct source of good lighting at an 
intensity deemed appropriate. Inspection aids such as mirrors 
magnifying lenses, etc. may be necessary. Surface cleaning and 
elaborate procedures may be required.''

Corrective Action

    (h) If any discrepancy is found during the detailed inspection 
required by paragraph (g) of this AD, before further flight, repair 
according to a method approved by either the Manager, International 
Branch, ANM-116, FAA, Transport Airplane Directorate; or the Civil 
Aviation Authority (CAA) (or its delegated agent).

Optional Terminating Action and Follow-On Inspections

    (i) Modify the fuselage skin at the wing-to-fuselage access 
panels, do the related repetitive investigative action, and do 
applicable corrective actions by accomplishing all the actions in 
accordance with the Accomplishment Instructions of BAE Systems 
(Operations) Limited Modification Service Bulletin SB.53-162-01698A, 
Revision 1, dated January 31, 2002. These actions terminate the 
repetitive inspections required by paragraph (g) of this AD. Repeat 
the related repetitive investigative action (which involves 
inspecting the protective tape and sealant for damage) thereafter at 
intervals not to exceed 4,000 flight cycles.

No Reporting

    (j) Although the service bulletin referenced in this AD 
specifies to submit an inspection report, this AD does not include 
that requirement.

Alternative Methods of Compliance (AMOCs)

    (k) The Manager, International Branch, ANM-116, has the 
authority to approve

[[Page 7392]]

AMOCs for this AD, if requested in accordance with the procedures 
found in 14 CFR 39.19.

Related Information

    (l) British airworthiness directive 002-09-2001 also addresses 
the subject of this AD.

Material Incorporated by Reference

    (m) You must use BAE Systems (Operations) Limited Inspection 
Service Bulletin ISB.53-162, dated September 12, 2001, to perform 
the actions that are required by this AD, unless the AD specifies 
otherwise. You must use BAE Systems (Operations) Limited 
Modification Service Bulletin SB.53-162-01698A, Revision 1, dated 
January 31, 2002, to perform the optional terminating actions 
specified in this AD. The Director of the Federal Register approves 
the incorporation by reference of this document in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. For copies of the service 
information, contact British Aerospace Regional Aircraft American 
Support, 13850 Mclearen Road, Herndon, Virginia 20171. For 
information on the availability of this material at the National 
Archives and Records Administration (NARA), call (202) 741-6030, or 
go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. You may view the AD docket at the 
Docket Management Facility, U.S. Department of Transportation, 400 
Seventh Street SW., room PL-401, Nassif Building, Washington, DC.

    Issued in Renton, Washington, on January 31, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-2576 Filed 2-11-05; 8:45 am]
BILLING CODE 4910-13-P