[Federal Register Volume 70, Number 224 (Tuesday, November 22, 2005)]
[Rules and Regulations]
[Pages 70483-70485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22970]



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  Federal Register / Vol. 70, No. 224 / Tuesday, November 22, 2005 / 
Rules and Regulations  

[[Page 70483]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20729; Directorate Identifier 2002-NM-71-AD; 
Amendment 39-14370; AD 2005-23-12]
RIN 2120-AA64


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

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD), which applies to all BAE Systems (Operations) Limited Model BAe 
146 and Model Avro 146-RJ airplanes. That 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 new AD requires 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 new AD results 
from 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.

DATES: This AD becomes effective December 27, 2005.

ADDRESSES: You may examine the 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., Nassif Building, 
Room PL-401, Washington, DC.
    Contact British Aerospace Regional Aircraft American Support, 13850 
Mclearen Road, Herndon, Virginia 20171, for service information 
identified in this 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: 

Examining the Docket

    You may examine the airworthiness directive (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 street address stated in the ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that supersedes AD 2000-26-07, amendment 
39-12057 (66 FR 263, January 3, 2001). The existing AD applies to all 
BAE Systems (Operations) Limited Model BAe 146 and Model Avro 146-RJ 
airplanes. That NPRM was published in the Federal Register on March 30, 
2005 (70 FR 16187). That NPRM proposed to require revising the 
Airworthiness Limitations Section (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.

Comments

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

Request To Extend the Compliance Time

    One commenter states that the 30-day compliance time is not 
sufficient for the amount of work involved in incorporating the 
requirements of the NPRM. The commenter states that incorporating the 
requirements involves a major revision to the inspection program.
    We do not agree that the 30-day compliance time is not sufficient. 
The new requirements of this AD simply involve revising the ALS. The 
estimated time to revise the ALS is normally 1 hour per airplane. 
Therefore, we have determined that a 30-day compliance time is adequate 
for accomplishing the ALS revision. Additionally, the time to implement 
the structural inspections and life limits specified in the revision of 
the ALS could vary significantly between operators and we are not able 
to predict what those variances may be. Continued operational safety 
necessitates revising the ALS within the 30-day compliance because of 
the severity of the unsafe condition. Therefore, we have determined 
that it is unnecessary to revise the final rule in that regard. 
However, a provision to allow an operator to request an approval for an 
extension of the compliance time may be submitted in accordance with 
paragraph (j) of this AD.

Request To Revise the Estimated ``Costs of Compliance''

    The same commenter also requests that we revise the estimated 
``Costs of Compliance'' in the NPRM. The commenter states that the 
estimated cost of the NPRM has been greatly understated. The commenter 
notes that the reasons specified in the previous paragraph to extend 
the compliance time also contribute to a much higher cost to implement 
the requirements of the NPRM. In fact, the commenter estimates that it 
will cost $518,000 to accomplish the requirements of the NPRM for its 
fleet of 12 airplanes.
    We do not agree that the ``Costs of Compliance'' need to be 
revised. The direct cost of implementing the revision of the ALS that 
is required by this AD will take about 1 hour per airplane. However, we 
recognize that this AD may impose certain operational costs, and that 
maintaining airplanes in an

[[Page 70484]]

airworthy condition is vital, but sometimes expensive. ADs require 
specific actions to address specific unsafe conditions and consequently 
may appear to impose costs that would not otherwise be borne by 
operators. However, because operators have a general obligation to 
maintain their airplanes in an airworthy condition, this appearance is 
deceptive. Attributing those costs solely to this AD is unrealistic 
because, in the interest of maintaining safe airplanes, prudent 
operators would accomplish these actions even if they were not required 
by the AD. We find it unnecessary to revise the final rule in that 
regard.

Request To Revise Format for Clarification

    The same commenter requests that the NPRM be revised to simplify 
the fact that the NPRM would supersede the requirements of AD 2000-26-
07. The commenter notes that the re-statement of AD 2000-26-07 in 
paragraph (f) of the NPRM, along with the statement in paragraph (h) of 
the NPRM that once the new and more restrictive inspections required by 
paragraph (h) have been incorporated the requirements of paragraph (f) 
are terminated, is redundant and distracts from the meaning and clear 
understanding of the NPRM.
    We do not agree that such ``simplification'' would clarify the 
requirements of this AD. Repeating the requirements of the existing AD 
merely provides for continuing the requirements of AD 2000-26-07 until 
the new requirements of this AD are complied with. The requirements are 
not ``redundant'' because, after the effective date of this AD (when AD 
2000-26-27 will be superseded), airplanes subject to the airworthiness 
limitations specified in that AD will continue to be subject to them 
until the limitations are revised as required by this AD. Further, many 
operators have requested that we explicitly provide wording to reflect 
when the requirements of an AD are terminated, and we try to 
accommodate this clarification when applicable. We find that it is 
unnecessary to revise the final rule in that regard.

Request To Clearly Identify the New Inspections

    The same commenter states that it would be less confusing if the 
NPRM skipped all the references to the Airplane Maintenance Manual 
(AMM) sections and revisions and just stated that the structural 
inspections in the Maintenance Review Board (MRB) report 146-1, section 
6, at ``X revision level'' had to be incorporated into the 
Airworthiness Limitation Section (ALS).
    We do not agree that the AD should reference complying with the AD 
in accordance with the MRB report. Although the data specified in the 
MRB report may be identical to the AMM, the data specified in the AMM 
has been approved by the Civil Aviation Authority (CAA), which is the 
airworthiness authority for the United Kingdom. No change is necessary 
to this AD in that regard. However, if an operator wishes to request an 
alternative method of compliance (AMOC), a provision has been specified 
in paragraph (j) of this AD.

Request To Clarify Effectivity

    The same commenter states that it is not clear if the NPRM is 
addressing the structural inspections for airplanes that exceed the 
limits under the life extension program (LEP). The commenter notes that 
Section 05-10-01 of the AMM, which was specified in the NPRM as a 
source of service information, identifies the Supplemental Structural 
Inspection Document (SSID), Service Bulletin 05-002-20011A as the 
document that specifies the structural inspections for airplanes on 
which the LEP applies. However, the commenter states that the 
inspection requirements for the SSID have not all been identified, and 
as of April 28, 2005, Service Bulletin 05-002-20011A has not been 
published.
    We acknowledge that a new service bulletin has not been issued yet. 
However, ANM 05-10-01 clearly specifies that it applies to airframe 
airworthiness limitations before the life extension program, and that, 
to provide effective corrosion control, the maintenance is required in 
accordance with the Corrosion Prevention and Control Program. We find 
that it is unnecessary to revise the final rule in this regard. 
However, when additional service information becomes available, we may 
consider further rulemaking.

Since the Issuance of the Proposed AD

    After the issuance of the proposed AD, we received and reviewed a 
later revision of AMM 05-10-01, dated July 15, 2005. AMM 05-10-01 
references AMM 05-20-01 and AMM 05-10-00 as additional sources of 
service information. AMM 05-10-01 has been approved and mandated by the 
CAA of the United Kingdom. We have revised the AD to reflect this 
latest issuance of Chapter 05-10-01.

Editorial Changes

    We have revised paragraph (f) of this AD to state that the 
Airworthiness Limitations Section (ALS) of the Instructions for 
Continued Airworthiness must be revised in accordance with a method 
approved by the Manager, International Branch, ANM-116, FAA, Transport 
Airplane Directorate. We have also added that, one acceptable method of 
revision is by incorporating Section 05-10-01, dated July 15, 2005, of 
Chapter 5 of the BAe/Avro 146 Aircraft Maintenance Manual (AMM), into 
the ALS.
    We have added a new Note 1 to this action regarding operators 
requesting Alternative Methods of Compliance (AMOCs) that provides 
other guidance regarding airplanes that have been previously modified, 
altered, or repaired in the areas addressed by the inspections of 
certain structures. Additionally, we have revised paragraph (j) of this 
action to clarify the appropriate procedure for notifying the principal 
inspector before using any approved AMOC on any airplane to which the 
AMOC applies.

Explanation of Change to Applicability

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

Conclusion

    We have carefully reviewed the available data, including the 
comments that have been received, 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 will affect about 59 airplanes of U.S. registry.
    The actions that are required by AD 2000-26-07 and retained in this 
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 required actions will take about 1 work hour per airplane, 
at an average labor rate of $65 per work hour. No parts will be 
required. Based on these figures, the estimated cost of the new actions 
specified in this 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

[[Page 70485]]

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 and placed it in the AD docket. 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.

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 removing amendment 39-12057 (66 FR 
263, January 3, 2001) and adding the following new airworthiness 
directive (AD):

2005-23-12 BAE Systems (Operations) Limited (Formerly British 
Aerospace Regional Aircraft): Amendment 39-14370. Docket No. FAA-
2005-20729; Directorate Identifier 2002-NM-71-AD.

Effective Date

    (a) This AD becomes effective December 27, 2005.

Affected ADs

    (b) This AD supersedes AD 2000-26-07.

Applicability

    (c) This AD applies to all BAE Systems (Operations) Limited 
Model BAe 146-100A, -200A, and -300A series airplanes and Model Avro 
146-RJ70A, 146-RJ85A, and 146-RJ100A 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 in accordance with a 
method approved by the Manager, International Branch, ANM-116, FAA, 
Transport Airplane Directorate. One acceptable method of revision is 
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. That 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

    Note 1: This AD requires revisions to certain operator 
maintenance documents to include new inspections. Compliance with 
these inspections is required by 14 CFR 91.403(c). For airplanes 
that have been previously modified, altered, or repaired in the 
areas addressed by these inspections, the operator may not be able 
to accomplish the inspections described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must 
request approval for an alternative method of compliance according 
to paragraph (j) of this AD. The request should include a 
description of changes to the required inspections that will ensure 
the continued damage tolerance of the affected structure. The FAA 
has provided guidance for this determination in Advisory Circular 
(AC) 25-1529.

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, dated July 15, 2005, of Chapter 5 of the 
BAe/Avro 146 Aircraft Maintenance Manual 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) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.
    (3) AMOCs, approved previously in accordance with AD 2000-26-07, 
are approved as AMOCs for the corresponding requirements of this AD.

Material Incorporated by Reference

    (k) None.

    Issued in Renton, Washington, on November 14, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-22970 Filed 11-21-05; 8:45 am]
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