[Federal Register Volume 70, Number 238 (Tuesday, December 13, 2005)]
[Proposed Rules]
[Pages 73665-73668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23955]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-23284; Directorate Identifier 2005-NM-163-AD]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited Model 
BAe 146 and Avro 146-RJ 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 certain BAE Systems (Operations) Limited 
Model BAe 146 and Avro 146-RJ airplanes. The existing AD requires one-
time inspections of the inner webs and flanges at frames 15, 18, 41, 
and 43 for evidence of corrosion or cracking; and corrective actions if 
necessary. This proposed AD would instead require new repetitive 
inspections and expand the area to be inspected. This proposed AD would 
also expand the applicability and provide an optional action that would 
extend the repetitive inspection interval. This proposed AD results 
from a report indicating that in some cases the inspections required by 
the existing AD revealed no damage, yet frame corrosion and cracking 
were later found during scheduled maintenance in the two forward 
fuselage frames 15 and 18. We are proposing this AD to prevent reduced 
structural integrity of the airplane.

DATES: We must receive comments on this proposed AD by January 12, 
2006.

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.

[[Page 73666]]

    Contact British Aerospace Regional Aircraft American Support, 13850 
Mclearen Road, Herndon, Virginia 20171, for service information 
identified in this proposed AD.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2125; 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 in the ADDRESSES section. Include the docket number ``Docket No. 
FAA-2005-23284; Directorate Identifier 2005-NM-163-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 
that 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 may review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
may visit http://dms.dot.gov.

Examining the Docket

    You may 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 Docket Management System 
receives them.

Discussion

    On December 29, 2003, we issued AD 2004-01-07, amendment 39-13421 
(69 FR 869, January 7, 2004), for certain BAE Systems (Operations) 
Limited Model BAe 146 and Avro 146-RJ airplanes. That AD requires one-
time inspections of the inner webs and flanges at frames 15, 18, 41, 
and 43 for evidence of corrosion or cracking; and corrective actions if 
necessary. That AD resulted from a report of cracking discovered at the 
inner webs and flanges at frame 18, caused by an ingress of moisture 
and subsequent corrosion. We issued that AD to detect and correct 
corrosion and cracking of the inner webs and flanges at frames 15, 18, 
41, and 43, which could result in reduced structural integrity of the 
airplane.

Actions Since Existing AD Was Issued

    Since we issued AD 2004-01-07, we have learned that in some cases 
the required inspections revealed no damage, yet frame corrosion and 
cracking were later found during scheduled maintenance in the two 
forward fuselage frames 15 and 18. Consequently, BAe Systems developed 
the new inspections described below.

Relevant Service Information

    The manufacturer has issued BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.53-182, dated March 16, 2005. In 
contrast to BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.53-165, dated December 11, 2001 (cited in AD 2004-01-07), 
this new service bulletin provides a more rigorous inspection of the 
frame flanges and an overall inspection of the frames; expands the 
inspection area to the full circumference of the frame; and includes 
the optional application of improved corrosion-preventive treatment, 
which would extend the repetitive inspection interval. The service 
bulletin describes procedures for repetitive inspections of frames 15, 
18, 41, and 43 to detect signs of corrosion (including cracks, 
blistering, or flaking paint).
     Inspection 1 involves a high-frequency eddy current (HFEC) 
inspection of the frame inner flange and a detailed visual inspection 
of all visible surfaces of the frame below the floor.
     Inspection 2 involves an HFEC inspection of the frame 
inner flange and a detailed visual inspection of all visible surfaces 
of the frame at the floor level and above.
     Inspection 3 involves a detailed visual inspection of all 
accessible frame surfaces at the floor level to 6 inches above the 
floor level. If Inspection 3 is done in lieu of Inspection 2, 
Inspection 2 must eventually be done within 2 years.
    Corrective actions for corrosion include blending to the limits 
specified in the structural repair manual (SRM), and reprotecting all 
base metals to SRM specifications. The service bulletin provides for an 
optional corrosion-preventive treatment, which would extend the 
repetitive inspection interval.
    The service bulletin recommends that the oldest airplanes be 
inspected within 6 months, and newer airplanes within 12 or 24 months, 
depending on specified criteria. The service bulletin provides 
additional time to complete the inspections for operators with more 
than 6 airplanes over 180 months in their fleet. The repetitive 
intervals range from 12 to 48 months, depending on specified criteria.
    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-
2005-0019, dated July 6, 2005, to ensure the continued airworthiness of 
these airplanes in the United Kingdom.

FAA's Determination and Requirements of the Proposed AD

    These airplane models are manufactured in the United Kingdom and 
are type certificated for operation in the United States under the 
provisions of section 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.
    This proposed AD would supersede AD 2004-01-07. This proposed AD 
would require accomplishing the actions specified in Service Bulletin 
ISB.53-182, described previously, except as discussed below.

Difference Between the Proposed AD and Service Information

    The service bulletin specifies compliance times relative to the 
date of issuance of the service bulletin; however, this proposed AD 
would require compliance before the specified compliance time after the 
effective date of this AD.

Clarification of Inspection Terminology

    The ``detailed visual inspection'' specified in the service 
bulletin is referred to as a ``detailed inspection'' in this proposed 
AD. Note 1 of this

[[Page 73667]]

proposed AD defines this type of inspection.

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     Average labor             Parts cost               Cost per       registered      Fleet cost
                                                hours     rate per hour                                      airplaine       airplanes
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HFEC inspection, per inspection cycle.......          5             $65  None...........................            $325              55         $17,875
Detailed inspection, per inspection cycle...          3              65  None...........................             195              55          10,725
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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 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.

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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-13421 (69 FR 869, January 7, 2004) and adding the 
following new airworthiness directive (AD):

BAE Systems (Operations) Limited (Formerly British Aerospace 
Regional Aircraft): Docket No. FAA-2005-23284; Directorate 
Identifier 2005-NM-163-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by January 
12, 2006.

Affected ADs

    (b) This AD supersedes AD 2004-01-07.

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 results from a report indicating that in some cases 
the inspections required by AD 2004-01-07 revealed no damage, yet 
frame corrosion and cracking were later found during scheduled 
maintenance in the two forward fuselage frames 15 and 18. We are 
issuing this AD to prevent reduced structural integrity of the 
airplane.

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

    (f) Use high-frequency eddy current and detailed methods to 
inspect for signs of corrosion of frames 15, 18, 41, and 43, in 
accordance with the Accomplishment Instructions of BAE Systems 
(Operations) Limited Inspection Service Bulletin ISB.53-182, dated 
March 16, 2005. Inspect at the applicable time specified in 1.D. 
``Compliance'' of the service bulletin. Application of corrosion-
preventive treatment, in accordance with the service bulletin, 
extends the repetitive inspection interval, as specified in Table 2 
in 1.D. ``Compliance'' of the service bulletin.


    Note 1: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''

Corrective Action

    (g) If any discrepancy is found during any inspection required 
by paragraph (f) of this AD: Before further flight, perform 
applicable related investigative/corrective actions in accordance 
with the Accomplishment Instructions of BAE Systems (Operations) 
Limited Inspection Service Bulletin ISB.53-182, dated March 16, 
2005, except as required by paragraph (h) of this AD.

Exceptions to Service Bulletin Specifications

    (h) If the service bulletin referenced in this AD specifies to 
contact the manufacturer for appropriate action, before further 
flight, repair per a method approved by the Manager, International 
Branch, ANM-116, FAA, Transport Airplane Directorate; or the Civil 
Aviation Authority (or its delegated agent).
    (i) Although the service bulletin referenced in this AD 
specifies to submit information to the manufacturer, this AD does 
not include such a requirement.

[[Page 73668]]

    (j) Where the service bulletin specifies a compliance time after 
the issuance of the service bulletin, this AD requires compliance 
within the specified compliance time after the effective date of 
this AD. And where the service bulletin specifies a compliance time 
``since date of construction'' of the airplane, this AD requires 
compliance since the date of issuance of the original standard 
airworthiness certificate or the date of issuance of the original 
export certificate of airworthiness.

Alternative Methods of Compliance (AMOCs)

    (k)(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.

Related Information

    (l) British airworthiness directive G-2005-0019, dated July 6, 
2005, also addresses the subject of this AD.

    Issued in Renton, Washington, on December 6, 2005.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-23955 Filed 12-12-05; 8:45 am]
BILLING CODE 4910-13-P