[Federal Register Volume 70, Number 108 (Tuesday, June 7, 2005)]
[Rules and Regulations]
[Pages 32982-32984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11056]


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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; 
Amendment 39-14115; AD 2005-11-13]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited Model 
BAe 146 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 airplanes. This 
AD requires repetitive inspections for cracks of the fuselage pressure 
skin above the left and right main landing gear (MLG) bay. This AD also 
requires corrective action, including related investigative actions, if 
leaks are found. This AD is prompted by reports of cracks in the 
fuselage pressure skin above the left and right 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.

DATES: This AD becomes effective July 12, 2005.
    The incorporation by reference of a certain publication listed in 
the AD is approved by the Director of the Federal Register as of July 
12, 2005.

ADDRESSES: For service information identified in this AD, contact 
British Aerospace Regional Aircraft American Support, 13850 Mclearen 
Road, Herndon, Virginia 20171.
    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-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: The FAA proposed to amend 14 CFR part 39 
with an AD for certain BAE Systems (Operations) Limited Model BAe 146 
airplanes. That action, published in the Federal Register on March 30, 
2005 (70 FR 16173), proposed to require repetitive inspections for 
cracks of the fuselage pressure skin above the left and right main 
landing gear (MLG) bay. The action also proposed AD to require

[[Page 32983]]

corrective action, including related investigative actions, if leaks 
are found.

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.

Explanation of Change to Applicability

    We have revised the applicability of the proposed AD to identify 
model designations as published in the most recent type certificate 
data sheet for the affected model.

Conclusion

    We have carefully reviewed the available data and determined that 
air safety and the public interest require adopting the AD with the 
change described previously. We have determined that this change will 
neither increase the economic burden on any operator nor increase the 
scope of the AD.

Costs of Compliance

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

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                      Number of U.S.-
               Action                   Work hours     Average labor       Parts         Cost per       registered                Fleet cost
                                                       rate per hour                     airplane        airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection, per inspection cycle....               7             $65              $0            $455              18  $8,190, 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):

2005-11-13 BAE Systems (Operations) Limited (Formerly British 
Aerospace Regional Aircraft): Amendment 39-14115. Docket No. FAA-
2005-20724; Directorate Identifier 2004-NM-233-AD.

Effective Date

    (a) This AD becomes effective July 12, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to BAE Systems (Operations) Limited Model 
BAe 146-100A, -200A, and -300A 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 Inspection Service Bulletin 53-170, dated 
August 8, 2003.

[[Page 32984]]



                       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 to
 modification HCM00744M nor    accumulation of       exceed 1,000 flight
 HCM00850A has been            15,000 total flight   cycles.
 accomplished.                 cycles or within
                               500 flight cycles
                               after the effective
                               date of this AD,
                               whichever occurs
                               later.
On which either BAe           Prior to the          At intervals not to
 modification HCM00744M or     accumulation of       exceed 3,000 flight
 HCM00850A has been            15,000 total flight   cycles.
 accomplished.                 cycles or within
On which both BAe              1,000 flight cycles
 modifications HCM00744M and   after the effective
 HCM00850A have been           date of this AD,
 accomplished.                 whichever occurs
                               later.
------------------------------------------------------------------------

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 Inspection 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.

Material Incorporated by Reference

    (l) You must use BAE Systems (Operations) Limited Inspection 
Service Bulletin 53-170, dated August 8, 2003, to perform the 
actions that are required by this AD, unless the AD specifies 
otherwise. 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. To get copies of the service 
information, contact British Aerospace Regional Aircraft American 
Support, 13850 Mclearen Road, Herndon, Virginia 20171. To view the 
AD docket, go to the Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW., room PL-401, Nassif 
Building, Washington, DC. To review copies of the service 
information, go to the National Archives and Records Administration 
(NARA). For information on the availability of this material at the 
NARA, call (202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on May 26, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-11056 Filed 6-6-05; 8:45 am]
BILLING CODE 4910-13-P