[Federal Register Volume 70, Number 60 (Wednesday, March 30, 2005)]
[Proposed Rules]
[Pages 16187-16189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6258]



[[Page 16187]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20729; Directorate Identifier 2002-NM-71-AD]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited Model 
BAe 146 and Model Avro 146-RJ 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 supersede an existing airworthiness 
directive (AD) that applies to all BAE Systems (Operations) Limited 
Model BAe 146 and Model Avro 146-RJ series airplanes. The existing AD 
currently requires revising the Airworthiness Limitations Section (ALS) 
of the Instructions for Continued Airworthiness to incorporate life 
limits for certain items and inspections to detect fatigue cracking in 
certain structures. This proposed AD would also require revising the 
ALS of the Instructions for Continued Airworthiness to incorporate new 
and more restrictive life limits for certain items and new and more 
restrictive inspections to detect fatigue cracking in certain 
structures. This proposed AD is prompted by issuance of a later 
revision to the airworthiness limitations of the BAe/Avro 146 Aircraft 
Maintenance Manual, which specifies new inspections and compliance 
times for inspection and replacement actions. We are proposing this AD 
to ensure that fatigue cracking of certain structural elements is 
detected and corrected; such fatigue cracking could adversely affect 
the structural integrity of these airplanes.

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.
     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-2005-20729; the directorate identifier for this docket is 
2002-NM-71-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-2005-20729; 
Directorate Identifier 2002-NM-71-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 received 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 
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

    On December 22, 2000, we issued AD 2000-26-07, amendment 39-12057 
(66 FR 263, January 3, 2001), for all BAE Systems (Operations) Limited 
Model BAe 146 and Model Avro 146-RJ series airplanes. That AD requires 
revising the Airworthiness Limitations Section of the Instructions for 
Continued Airworthiness to incorporate life limits for certain items 
and inspections to detect fatigue cracking in certain structures. That 
AD was prompted by issuance of a revision to the airworthiness 
limitations of the BAe/Avro 146 Aircraft Maintenance Manual (AMM), 
which specifies new inspections and compliance times for inspection and 
replacement actions. We issued that AD to ensure that fatigue cracking 
of certain structural elements is detected and corrected; such fatigue 
cracking could adversely affect the structural integrity of these 
airplanes.

Actions Since Existing AD Was Issued

    Since we issued AD 2000-26-07, the Civil Aviation Authority (CAA), 
which is the airworthiness authority for the United Kingdom, notified 
us that a later revision to Section 05-10-01 has been issued for 
Chapter 5 of the BAe/Avro 146 AMM. That section also references 
additional sections of the AMM. (The FAA refers to the information 
included in the revised section of the AMM as the Airworthiness 
Limitations Section (ALS).) The revised section affects all BAE Systems 
(Operations) Limited Model BAe 146 and Model Avro 146-RJ series 
airplanes. In addition, that section provides mandatory replacement 
times and structural inspection intervals approved under Sec.  25.571 
of the Joint Aviation Requirements and the Federal Aviation Regulations 
(14 CFR 25.571). As airplanes gain service experience, or as results of 
post-certification testing and evaluation are obtained, it may become 
necessary to add additional life limits or structural inspections to 
ensure the

[[Page 16188]]

continued structural integrity of the airplane.
    The CAA advises that analysis of fatigue test data has revealed 
that certain inspections must be performed at specific intervals to 
preclude fatigue cracking in certain areas of the airplane. In 
addition, the CAA advises that certain life limits must be imposed for 
various components on these airplanes to preclude the onset of fatigue 
cracking in those components. Such fatigue cracking, if not corrected, 
could adversely affect the structural integrity of these airplanes.

Relevant Service Information

    British Aerospace has issued Section 05-10-01, Revision 81, dated 
December 15, 2004, which is a revision to Chapter 5 of the BAe/Avro 146 
AMM. That section references additional sections, which include the 
following:
    1. Life limit times for certain structural components, or other 
components or equipment.
    2. Structural inspection times to detect fatigue cracking of 
certain Significant Structural Items (SSIs).
    The revision to Section 05-10-01 of the AMM describes new 
inspections and compliance times for inspection and replacement 
actions. Accomplishment of those actions will preclude the onset of 
fatigue cracking of certain structural elements of the airplane.
    The CAA has approved Section 05-10-01, Revision 81, of the AMM to 
assure the continued airworthiness of these airplanes in the United 
Kingdom. The CAA has not issued a corresponding airworthiness 
directive, although accomplishment of the additional life limits and 
structural inspections contained in the AMM revision may be considered 
mandatory for operators of these airplanes in the United Kingdom.

FAA's Determination and Requirements of the Proposed AD

    These airplane models manufactured in the United Kingdom and are 
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 AD 
action is necessary for airplanes of this type design that are 
certificated for operation in the United States. We have determined 
that Section 05-10-01, Revision 81, of the AMM must be incorporated 
into the ALS of the Instructions for Continued Airworthiness.
    This proposed AD would supersede AD 2000-26-07. This proposed AD 
would retain the requirements of the existing AD. This proposed AD 
would also require revising the ALS of the Instructions for Continued 
Airworthiness to incorporate new and more restrictive life limits for 
certain items and new and more restrictive inspections to detect 
fatigue cracking in certain structures.

Change to Existing AD

    This proposed AD would retain all requirements of AD 2000-26-07. 
Since AD 2000-26-07 was issued, the AD format has been revised, and 
certain paragraphs have been rearranged. As a result, the corresponding 
paragraph identifiers have changed in this proposed AD, as listed in 
the following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
                                          Corresponding  requirement in
     Requirement in AD 2000-26-07               this proposed AD
------------------------------------------------------------------------
Paragraph (a).........................  Paragraph (f).
Paragraph (b).........................  Paragraph (g).
------------------------------------------------------------------------

Costs of Compliance

    This proposed AD would affect about 59 airplanes of U.S. registry.
    The actions that are required by AD 2000-26-07 and retained in this 
proposed AD take about 1 work hour per airplane, at an average labor 
rate of $65 per work hour. No parts are required. Based on these 
figures, the estimated cost of the currently required actions is $65 
per airplane.
    The new proposed actions would take about 1 work hour per airplane, 
at an average labor rate of $65 per work hour. No parts would be 
required. Based on these figures, the estimated cost of the new actions 
specified in this proposed AD for U.S. operators is $3,835, or $65 per 
airplane.

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 removing amendment 39-12057 (66 FR 
263, January 3, 2003) and adding the following new airworthiness 
directive (AD):


BAe Systems (Operations) Limited (Formerly British Aerospace 
Regional Aircraft): Docket No. FAA-2005-20729; Directorate 
Identifier 2002-NM-71-AD.

[[Page 16189]]

Comments Due Date

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

Affected ADs

    (b) This AD supersedes AD 2000-26-07, amendment 39-12057 (66 FR 
263, January 3, 2001).

Applicability

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

Unsafe Condition

    (d) This AD was prompted by issuance of a later revision to the 
airworthiness limitations of the BAe/Avro 146 Aircraft Maintenance 
Manual, which specifies new inspections and compliance times for 
inspection and replacement actions. We are issuing this AD to ensure 
that fatigue cracking of certain structural elements is detected and 
corrected; such fatigue cracking could adversely affect the 
structural integrity of these airplanes.

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.

Requirements of AD 2000-26-07

Airworthiness Limitations Revision

    (f) Within 30 days after February 7, 2001 (the effective date of 
AD 2000-26-07), revise the Airworthiness Limitations Section (ALS) 
of the Instructions for Continued Airworthiness by incorporating 
Section 05-10-01, Revision 65, dated August 3, 1999, of Chapter 5 of 
the BAe/Avro 146 Aircraft Maintenance Manual (AMM), into the ALS. 
This section references other sections of the AMM. The applicable 
revision level of the referenced sections is that in effect on the 
effective date of this AD.
    (g) Except as specified in paragraph (j) of this AD: After the 
actions specified in paragraph (f) of this AD have been 
accomplished, no alternative inspections or inspection intervals may 
be approved for the structural elements specified in the document 
listed in paragraph (f) of this AD.

New Requirements of This AD

Later Revision for Airworthiness Limitations

    (h) Within 30 days after the effective date of this AD, revise 
the ALS of the Instructions for Continued Airworthiness to 
incorporate new and more restrictive life limits for certain items 
and new and more restrictive inspections to detect fatigue cracking 
in certain structures, in accordance with a method approved by the 
Manager, International Branch, ANM-116, Transport Airplane 
Directorate, FAA; or the Civil Aviation Authority (or its delegated 
agent). Section 05-10-01, Revision 81, dated December 15, 2004, of 
Chapter 5 of the BAe/Avro 146 AMM is one approved method. This 
section references other sections of the AMM. The applicable 
revision level of the referenced sections is that in effect on the 
effective date of this AD. Incorporating the new and more 
restrictive life limits and inspections into the ALS terminates the 
requirements of paragraphs (f) and (g) of this AD, and after 
incorporation has been done, the limitations required by paragraph 
(f) of this AD may be removed from the ALS.
    (i) Except as specified in paragraph (j) of this AD: After the 
actions specified in paragraph (h) of this AD have been 
accomplished, no alternative inspections or inspection intervals may 
be approved for the structural elements specified in the document 
listed in paragraph (h) of this AD.

Alternative Methods of Compliance (AMOCs)

    (j)(1) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.
    (2) AMOCs, approved previously in accordance with AD 2000-26-07, 
are approved as AMOCs for the corresponding requirements of this AD.

Related Information

    (k) None.

    Issued in Renton, Washington, on March 21, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-6258 Filed 3-29-05; 8:45 am]
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