[Federal Register Volume 71, Number 58 (Monday, March 27, 2006)]
[Proposed Rules]
[Pages 15076-15079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-4411]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-24204; Directorate Identifier 2005-NM-178-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 currently 
requires a one-time inspection to detect corrosion of the flap 
structure and machined ribs, corrective actions if necessary, and 
reprotection of the rib boss bores. This proposed AD would require a 
records review of the results of that inspection, and an additional 
inspection and related investigative/corrective action if necessary. 
This proposed AD results from the development of an improved inspection 
for corrosion in the subject area. We are proposing this AD to detect 
and correct corrosion in the flap structure and machined ribs, which 
could result in reduced structural integrity of the airplane.

DATES: We must receive comments on this proposed AD by April 26, 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.
    Contact British Aerospace Regional Aircraft American Support, 13850

[[Page 15077]]

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-2006-24204; Directorate Identifier 2005-NM-178-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 February 5, 2002, we issued AD 2002-03-07, amendment 39-12648 
(67 FR 6852, February 14, 2002), for certain BAE Systems (Operations) 
Limited Model BAe 146 and Avro 146-RJ series airplanes. That AD 
requires a one-time inspection to detect corrosion of the flap 
structure and machined ribs, corrective actions if necessary, and 
reprotection of the rib boss bores. That AD resulted from corrosion at 
various locations within the flap structure and machined ribs. We 
issued that AD to detect and correct corrosion in the flap structure 
and machined ribs, which could result in reduced structural integrity 
of the airplane.

Relevant Service Information

    AD 2002-03-07 cited BAE Systems (Operations) Limited Inspection 
Service Bulletin ISB.57-066, dated May 15, 2001. Revision 2, dated 
March 18, 2004, of this service bulletin provides procedures for 
additional inspection for corrosion and reprotection of the rib boss 
bores and faces. If the corrosion extended into the boss bores, the 
service bulletin specifies a ``flaps-off'' inspection; otherwise the 
service bulletin specifies a ``flaps-on'' inspection. Corrective 
actions for corrosion include repairing (blending), replacing corroded 
components with new components, and contacting the manufacturer for 
repair instructions, depending on the extent and location of the 
corrosion. For airplanes with no corrosion found during the initial 
inspection, no further work is necessary. Accomplishing the actions 
specified in the service information is intended to adequately address 
the unsafe condition. The Civil Aviation Authority (CAA), which is the 
airworthiness authority of the United Kingdom, mandated the service 
information and issued British airworthiness directive G-2005-0018, 
dated July 20, 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 2002-03-07. This proposed AD 
would require a review of the airplane records for the results, if any, 
of the inspection required by AD 2002-03-07. For airplanes not already 
inspected in accordance with AD 2002-03-07, this proposed AD would 
require an initial inspection. If the results of the initial inspection 
required by this proposed AD or AD 2002-03-07 reveal corrosion, this 
proposed AD would require the related investigative/corrective actions 
specified in Revision 2 of the service bulletin, described previously, 
except as discussed below.

Differences Between the Proposed Rule and the British Airworthiness 
Directive/Service Bulletin

    The service bulletin specifies to contact the manufacturer for 
instructions on how to repair certain conditions, but this proposed AD 
would require repairing 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 proposed AD, a repair we or the CAA approve would be 
acceptable for compliance with this proposed AD.
    The British airworthiness directive specifies that all Model BAe 
146 and Avro RJ series airplanes are affected. But this proposed AD, as 
well as Inspection Service Bulletin ISB.57-066, Revision 2, would 
exclude those airplanes modified by BAE Systems Modification HCM01694F. 
The CAA is aware of this discrepancy and agreed with the intent to so 
limit the applicability.

Clarification of Inspection Terminology

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

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.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this proposed AD. This proposed AD would affect about 35 
airplanes of U.S. registry.

[[Page 15078]]



                                                 Estimated Costs
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                                                           Average
                  Action                     Work hours   labor rate              Parts                Cost per
                                                           per hour                                    airplane
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Records review............................            1          $65  None.........................          $65
Flaps-on inspection, if required..........            4           65  None.........................          260
Flaps-off inspection, if required.........           40           65  None.........................        2,600
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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 39-12648 (67 FR 6852, February 14, 2002) and adding 
the following new airworthiness directive (AD):

BAE Systems (Operations) Limited (Formerly British Aerospace 
Regional Aircraft): Docket No. FAA-2006-24204; Directorate 
Identifier 2005-NM-178-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by April 26, 
2006.

Affected ADs

    (b) This AD supersedes AD 2002-03-07.

Applicability

    (c) This AD applies to BAE Systems (Operations) Limited Model 
BAe 146-100A, -200A, and -300A series airplanes, and BAE Systems 
(Operations) Limited Model Avro 146-RJ70A, 146-RJ85A, and 146-RJ100A 
airplanes; certificated in any category; except those modified by 
BAE Systems Modification HCM01694F.

Unsafe Condition

    (d) This AD results from the development of an improved 
inspection for corrosion in the subject area. We are issuing this AD 
to detect and correct corrosion in the flap structure and machined 
ribs, which could result in 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.

Records Review

    (f) For airplanes on which the initial inspection required by AD 
2002-03-07 was done before the effective date of this AD: Within 24 
months after the effective date of this AD, review the airplane 
maintenance records to identify the results of the inspection.

Inspection: Airplanes Not Previously Inspected

    (g) For airplanes that were not inspected in accordance with AD 
2002-03-07 before the effective date of this AD: Before the 
accumulation of 72 total months since the date of issuance of the 
original standard airworthiness certificate or the date of issuance 
of the original export certificate of airworthiness, or within 24 
months after the effective date of this AD, whichever occurs later, 
do a general visual ``flaps off'' inspection to detect corrosion of 
the flap structure and machined ribs, in accordance with the 
Accomplishment Instructions of BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.57-066, Revision 2, dated March 18, 
2004. If no corrosion is found: Before further flight, reprotect the 
rib boss bores and faces, in accordance with BAE Systems 
(Operations) Limited Inspection Service Bulletin ISB.57-066, 
Revision 2, dated March 18, 2004.

    Note 1: For the purposes of this AD, a general visual inspection 
is: ``A visual examination of an interior or exterior area, 
installation, or assembly to detect obvious damage, failure, or 
irregularity. This level of inspection is made from within touching 
distance unless otherwise specified. A mirror may be necessary to 
ensure visual access to all surfaces in the inspection area. This 
level of inspection is made under normally available lighting 
conditions such as daylight, hangar lighting, flashlight, or 
droplight and may require removal or opening of access panels or 
doors. Stands, ladders, or platforms may be required to gain 
proximity to the area being checked.''

Follow-on Actions: No Corrosion Found

    (h) If it is positively determined from the records review 
required by paragraph (f) of this AD that no corrosion was found 
during the initial inspection, or if no corrosion was found during 
the initial inspection required by paragraph (g) of this AD: No 
further work is required by this AD.

Follow-on Actions: Corrosion Found

    (i) If it is determined during the records review required by 
paragraph (f) of this AD that any corrosion was found during the 
initial inspection, or if it cannot be positively determined from 
the records review required by paragraph (f) of this AD that no 
corrosion was found during the initial inspection, or if any 
corrosion was found during the initial inspection required by 
paragraph (g) of this AD: Within 36 months after the initial 
inspection or 24 months after the effective date of this AD, 
whichever occurs later, but

[[Page 15079]]

not sooner than 24 months after the initial inspection, perform a 
general visual inspection of the flap structure and machined ribs to 
detect corrosion, as specified in paragraph (i)(1) or (i)(2), as 
applicable, in accordance with the Accomplishment Instructions of 
BAE Systems (Operations) Limited Inspection Service Bulletin ISB.57-
066, Revision 2, dated March 18, 2004.
    (1) If the corrosion extended into the boss bores, or if it 
cannot be positively determined from the records review specified in 
paragraph (f) of this AD that corrosion did not extend into the boss 
bores, do a flaps-off inspection.
    (2) If the corrosion did not extend into the boss bores, do a 
flaps-on inspection.

Corrective Actions

    (j) If any corrosion is found during any inspection required by 
this AD: Repair before further flight in accordance with BAE Systems 
(Operations) Limited Inspection Service Bulletin ISB.57-066, 
Revision 2, dated March 18, 2004, except as required by paragraph 
(k) of this AD.

Exceptions to Service Bulletin Specifications

    (k) If any corrosion is detected and BAE Systems (Operations) 
Limited Inspection Service Bulletin ISB.57-066, Revision 2, dated 
March 18, 2004, specifies to contact the manufacturer for repair 
instructions: Repair before further flight, using a method approved 
by either the Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA; or the Civil Aviation Authority (or its 
delegated agent).
    (l) Although the service bulletin referenced in this AD 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

Credit

    (m) Actions done before the effective date of this AD in 
accordance with BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.57-066, dated May 15, 2001, or Revision 1, dated 
September 20, 2002, are acceptable for compliance with the 
corresponding requirements of paragraph (g), (h), (i), and (j) of 
this AD.

Alternative Methods of Compliance (AMOCs)

    (n)(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

    (o) British airworthiness directive G-2005-0018, dated July 20, 
2005, also addresses the subject of this AD.

    Issued in Renton, Washington, on March 10, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E6-4411 Filed 3-24-06; 8:45 am]
BILLING CODE 4910-13-P