[Federal Register Volume 70, Number 60 (Wednesday, March 30, 2005)]
[Proposed Rules]
[Pages 16173-16175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6249]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20724; Directorate Identifier 2004-NM-233-AD]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited Model 
BAe 146 Series Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain BAE Systems (Operations) Limited Model BAe 146 series 
airplanes. This proposed AD would require repetitive inspections for 
cracks of the fuselage pressure skin above the left and right main 
landing gear (MLG) bay. This proposed AD also would require corrective 
action, including related investigative actions, if leaks are found. 
This proposed AD is prompted by reports of cracks in the fuselage 
pressure skin above the left and right MLG bay. We are proposing this 
AD to detect and correct fatigue cracking in the fuselage pressure skin 
above the left and right MLG bay; such fatigue cracking could adversely 
affect the structural integrity of the fuselage and its ability to 
maintain pressure differential.

DATES: We must receive comments on this proposed AD by April 29, 2005.

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 in person 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. This docket 
number is FAA-2005-20724; the directorate identifier for this docket is 
2004-NM-233-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:

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2005-20724; 
Directorate Identifier 2004-NM-233-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 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 the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
can visit http://dms.dot.gov.

Examining the Docket

    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 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 certain BAE Systems (Operations) Limited Model BAe 146 
series airplanes. The CAA advises that significant cracking in the 
fuselage pressure skin above the main landing gear (MLG) bay has been 
reported following unrelated maintenance. The published inspection 
technique does not guarantee that any damage will be detected. This 
condition, if not corrected, could adversely affect the structural 
integrity of the fuselage and its ability to maintain pressure 
differential.

Relevant Service Information

    BAE Systems (Operations) Limited has issued Inspection Service 
Bulletin 53-170, dated August 8, 2003. The service bulletin describes 
procedures for repetitive inspections for cracks of the fuselage 
pressure skin above the left and right main landing gear (MLG) bay; and 
for corrective action, including related investigative actions, if 
necessary. The inspections for cracks include listening for air leaks 
and doing a visual check for air leaks. The corrective action includes 
repairing any crack found during the inspections for air leaks and 
contacting the manufacturer if the crack exceeds the limit specified in 
the service bulletin. The related investigative actions include doing a 
detailed visual and fluorescent dye penetrant or eddy current 
inspection for cracking on the fuselage pressure skin. If any cracking 
is found during the related investigative actions, the service bulletin 
specifies to report the findings to BAe Systems. The service bulletin 
also specifies that

[[Page 16174]]

accomplishing BAe Modification HCM00972C ends the inspections.
    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 G-
2004-0004, dated February 26, 2004, to ensure the continued 
airworthiness of these airplanes in the United Kingdom.

FAA's Determination and Requirements of the Proposed AD

    This airplane model is manufactured in the United Kingdom and is 
type certificated for operation in the United States under the 
provisions of Sec.  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 we 
need to issue an AD for products of this type design that are 
certificated for operation in the United States.
    Therefore, we are proposing this AD, which would require 
accomplishing the actions specified in the service information 
described previously, except as discussed under ``Differences Between 
the Proposed AD and the Service Bulletin.''

Differences Between the Proposed AD and the Service Bulletin

    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 Civil Aviation Authority (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 Civil Aviation Authority (or its delegated 
agent) approve would be acceptable for compliance with this proposed 
AD.
    Operators should note that, although the Accomplishment 
Instructions of the service bulletin describe procedures for submitting 
findings to the manufacturer, this proposed AD would not require that 
action.
    Although the service bulletin specifies that accomplishing BAe 
Modification HCM00972C ends the inspections, we have not included a 
terminating modification in the proposed AD. We have determined that 
the modification does not contain substantive information about the 
modification and will vary among operators. Operators may request an 
alternative method of compliance (AMOC) according to the provisions of 
paragraph (j) of the proposed AD, if sufficient data are included to 
justify that the AMOC would provide an acceptable level of safety.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this proposed AD.

                                                                     Estimated Costs
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                                                                                                                            Number of U.S.-
                          Action                              Work hours     Average labor       Parts         Cost per       registered     Fleet cost
                                                                             rate per hour                     airplane        airplanes
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Inspection, per inspection cycle..........................              7             $65              $0            $455              18    \1\ 8,190
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\1\ 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 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-2005-20724; Directorate 
Identifier 2004-NM-233-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by April 29, 2005.

Affected ADs

    (b) None.

[[Page 16175]]

Applicability

    (c) This AD applies to BAE Systems (Operations) Limited Model 
BAe 146 series airplanes, certificated in any category; except those 
on which BAe Modification HCM00972A or HCM00972C has been 
accomplished.

Unsafe Condition

    (d) This AD was prompted by reports of cracks in the fuselage 
pressure skin above the left and right main landing gear (MLG) bay. 
We are issuing this AD to detect and correct fatigue cracking in the 
fuselage pressure skin above the left and right MLG bay; such 
fatigue cracking could adversely affect the structural integrity of 
the fuselage and its ability to maintain pressure differential.

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.

Initial and Repetitive Inspections

    (f) At the times specified in Table 1 of this AD, inspect the 
fuselage pressure skin above the left and right MLG bay for cracks 
in accordance with the Accomplishment Instructions of BAE Systems 
(Operations) Limited Service Bulletin 53-170, dated August 8, 2003.

                       Table 1.--Compliance Times
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                                                       And do repetitive
     For airplanes listed in          Do initial          inspections
   paragraph (c) of this AD--        inspections--       thereafter--
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On which neither BAe              Prior to the        At intervals not
 modification HCM00744M nor        accumulation of     to exceed 1,000
 HCM00850A has been accomplished.  15,000 total        flight cycles.
                                   flight cycles or
                                   within 500 flight
                                   cycles after the
                                   effective date of
                                   this AD,
                                   whichever occurs
                                   later.
---------------------------------
On which neither BAe              Prior to the        At intervals not
 modification HCM00744M nor        accumulation of     to exceed 3,000
 HCM00850A has been accomplished.  15,000 total        flight cycles.
                                   flight cycles or
                                   within 1,000
                                   flight cycles
                                   after the
                                   effective date of
                                   this AD,
                                   whichever occurs
                                   later.
---------------------------------
On which both BAe modification
 HCM00744M nor HCM00850A has
 been accomplished.
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Corrective Action

    (g) If any crack is found during any inspection required by 
paragraph (f) of this AD, do the corrective action and any related 
investigative actions, in accordance with the Accomplishment 
Instructions of BAE Systems (Operations) Limited Service Bulletin 
53-170, dated August 8, 2003, except as required by paragraph (h) of 
this AD.
    (h) If any cracking is found during any inspection or related 
investigative action required by this AD, and the service bulletin 
recommends contacting BAe Systems for appropriate action: Before 
further flight, repair the cracks according to a method approved by 
the Manager, International Branch, ANM-116, FAA, Transport Airplane 
Directorate, or the Civil Aviation Authority (or its delegated 
agent).

No Reporting

    (i) Although the service bulletin referenced in this AD 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

Alternative Methods of Compliance (AMOCs)

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

Related Information

    (k) British airworthiness directive G-2004-0004, dated February 
26, 2004, also addresses the subject of this AD.

    Issued in Renton, Washington, on March 17, 2005.
Jeffery E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-6249 Filed 3-29-05; 8:45 am]
BILLING CODE 4910-13-P