[Federal Register Volume 70, Number 123 (Tuesday, June 28, 2005)]
[Rules and Regulations]
[Pages 37022-37024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12511]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-18716; Directorate Identifier 2003-NM-240-AD; 
Amendment 39-14156; AD 2005-13-19]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited Model 
BAe 146 and 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 all 
BAE Systems (Operations) Limited Model BAe 146 and Avro 146-RJ series 
airplanes. This AD requires repetitive external eddy current 
inspections of the forward fuselage skin to detect cracking due to 
fatigue, and repair if necessary. This 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 issuing this AD to 
detect and correct this cracking, which could result in reduced 
structural integrity of the airplane fuselage.

DATES: This AD becomes effective August 2, 2005.
    The incorporation by reference of a certain publication listed in 
the AD is approved by the Director of the Federal Register as of August 
2, 2005.

ADDRESSES: For service information identified in this AD, contact 
British Aerospace Regional Aircraft American Support, 13850 Mclearen 
Road, Herndon, Virginia 20171.

[[Page 37023]]

    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-2004-18716; the directorate 
identifier for this docket is 2003-NM-240-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.

Examining the 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 DOT 
street address stated in the ADDRESSES section.

SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR Part 39 
with an AD for all BAE Systems (Operations) Limited Model BAe 146 and 
Avro 146-RJ series airplanes. That action, published in the Federal 
Register on July 30, 2004 (69 FR 45614), proposed to require repetitive 
external eddy current inspections of the forward fuselage skin to 
detect cracking due to fatigue, and repair if necessary.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments that have been 
submitted on the proposed AD.

Request To Refer to Revised Service Information

    One commenter requests that we revise the proposed AD to refer to 
BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53-
167, including Appendix 2, Revision 1, dated May 18, 2004, as the 
acceptable source of service information for the actions required by 
paragraph (f) of the proposed AD. Paragraph (f) of the proposed AD 
refers to BAE Systems (Operations) Limited Inspection Service Bulletin 
ISB.53-167, including Appendices 2 and 3, all dated June 27, 2003, as 
the applicable source of service information for the actions specified 
in that paragraph.
    We concur. We have reviewed BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.53-167, including Appendix 2, Revision 
1. The instructions in Revision 1 are essentially the same as those in 
the original issue of the service bulletin, including Appendices 2 and 
3. Accordingly, we have revised this AD to refer to BAE Systems 
(Operations) Limited Inspection Service Bulletin ISB.53-167, including 
Appendix 2, Revision 1, as the applicable source of service information 
for the actions required by paragraph (f) of this AD. We have also 
added a new paragraph (g) (and reidentified subsequent paragraphs 
accordingly) to give credit for inspections accomplished before the 
effective date of this AD in accordance with the original issue of the 
service bulletin, including Appendices 2 and 3.
    In the proposed AD, we explained two differences between the 
proposed AD and the original issue of the service bulletin. These 
differences continue to apply between this AD and Revision 1 of the 
service bulletin. For the convenience of operators, these differences 
are repeated as follows:
     Although the referenced service bulletin describes 
procedures for submitting Appendix 1 of the service bulletin with 
inspection results to the manufacturer, this AD does 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 AD requires 
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 AD, a repair we or the CAA approve would be acceptable for 
compliance with this AD.

Request To Extend Compliance Time

    One commenter requests that we extend the repetitive interval for 
Model Avro 146-RJ series airplanes from 4,000 to 6,000 flight cycles. 
The commenter notes that a 6,000-flight-cycle repetitive interval would 
be more compatible with normal maintenance schedules. The commenter 
provides no justification for the requested change other than for the 
convenience of its maintenance program.
    We do not concur. In developing a repetitive interval for this AD, 
we considered the manufacturer's recommendation and the action taken by 
the CAA, as well as the degree of urgency associated with the subject 
unsafe condition. In light of these factors, we find that a 4,000-
flight-cycle repetitive interval represents an appropriate interval of 
time for Model Avro 146-RJ series airplanes to operate between 
inspections without compromising safety. We note that this is 
consistent with the repetitive interval specified in the referenced 
service bulletin. However, under the provisions of paragraph (i) of 
this AD, we may approve a request to adjust the compliance time if data 
are submitted to substantiate that such an adjustment would provide an 
acceptable level of safety. We have not changed the AD in this regard.

Explanation of Editorial Changes

    We have revised the statement of unsafe condition in the Summary 
and paragraph (d) of this AD to better clarify that this AD is intended 
to detect and correct fatigue cracking along the edges of the chemi-
etched pockets in certain front fuselage canopy skin panels, which 
could result in reduced structural integrity of the airplane fuselage.
    We have also revised paragraphs (f)(1)(ii) and (f)(2)(ii) of this 
AD to clarify that repair must be accomplished before further flight on 
any area where a crack is found. The proposed AD implied but did not 
explicitly state that a repair must be accomplished before further 
flight.

Conclusion

    We have carefully reviewed the available data, including the 
comments that have been submitted, and determined that air safety and 
the public interest require adopting the AD with the changes described 
previously. We have determined that these changes will neither increase 
the economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    This AD affects about 54 airplanes of U.S. registry. The required 
actions will 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 this AD for U.S. operators is $140,400, or $2,600 per airplane, per 
inspection cycle.

[[Page 37024]]

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):

2005-13-19 BAE Systems (Operations) Limited (Formerly British 
Aerospace Regional Aircraft): Amendment 39-14156. Docket No. FAA-
2004-18716; Directorate Identifier 2003-NM-240-AD.

Effective Date

    (a) This AD becomes effective August 2, 2005.

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 detect and 
correct this cracking, which could result in 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 Modification Service Bulletin ISB.53-167, 
including Appendix 2, Revision 1, dated May 18, 2004.
    (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, before further flight, 
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, before further flight, 
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.

Inspections Accomplished According to Previous Issue of Service 
Bulletin

    (g) Inspections accomplished before the effective date of this 
AD in accordance with BAE Systems (Operations) Limited Inspection 
Service Bulletin ISB.53-167, including Appendices 2 and 3, all dated 
June 27, 2003, are considered acceptable for compliance with the 
corresponding action specified in paragraph (f) of this AD.

No Reporting Requirement

    (h) 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)

    (i) 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

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

Material Incorporated by Reference

    (k) You must use BAE Systems (Operations) Limited Modification 
Service Bulletin ISB.53-167, including Appendix 2, Revision 1, dated 
May 18, 2004, 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, go to 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 June 14, 2005.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-12511 Filed 6-27-05; 8:45 am]
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