[Federal Register Volume 71, Number 65 (Wednesday, April 5, 2006)]
[Proposed Rules]
[Pages 17037-17039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-4927]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22974; Directorate Identifier 2005-NM-180-AD]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited Model 
BAe 146 Airplanes

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

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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SUMMARY: The FAA is revising an earlier NPRM for an airworthiness 
directive (AD) that applies to certain BAE Systems (Operations) Limited 
Model BAe 146 airplanes. The original NPRM would have required 
repetitive inspections to measure the depth of chafing or scoring in 
the skin along the full length of the wing-to-fuselage fairing from 
forward to aft ends at the contact between the seal and fuselage, and 
related investigative/corrective actions if necessary. The original 
NPRM resulted from a report of chafing in this area. This action 
revises the original NPRM by removing certain credit for prior 
accomplishment of proposed requirements. We are proposing this 
supplemental NPRM to detect and correct such chafing or scoring, which 
could result in reduced structural integrity of the fuselage.

DATES: We must receive comments on this supplemental NPRM by May 1, 
2006.

ADDRESSES: Use one of the following addresses to submit comments on 
this supplemental NPRM.
     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 
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, Transport Airplane Directorate, FAA, 
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 supplemental NPRM. Send your comments to an 
address listed in the ADDRESSES section. Include the docket number 
``Docket No. FAA-2005-22974; Directorate Identifier 2005-NM-180-AD'' at 
the beginning of your comments. We specifically invite comments on the 
overall regulatory, economic, environmental, and energy aspects of this 
supplemental NPRM. We will consider all comments received by the 
closing date and may amend this supplemental NPRM in light of those 
comments.
    We will post all comments submitted, 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 supplemental NPRM. 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 in the Nassif Building at the DOT 
street address stated in ADDRESSES. Comments will be available in the 
AD docket shortly after the Docket Management System receives them.

Discussion

    We proposed to amend 14 CFR part 39 with a notice of proposed 
rulemaking (NPRM) for an airworthiness directive (AD) (the ``original 
NPRM''). The original NPRM applies to certain BAE Systems (Operations) 
Limited Model BAe 146 airplanes. The original NPRM was published in the 
Federal Register on November 15, 2005 (70 FR 69286). The original NPRM 
proposed to require repetitive inspections to measure the depth of 
chafing or scoring in the skin along the full length of the wing-to-
fuselage fairing from forward to aft ends at the contact between the 
seal and fuselage, and related investigative/corrective actions if 
necessary.
    The original NPRM provided credit for accomplishment of certain 
service bulletins before the effective date of the AD. Since the 
original NPRM was issued, we have learned that two of the documents 
(BAE Systems (Operations) Limited Inspection Service Bulletins ISB.53-
005, dated August 15, 1984, and ISB.53-067, dated December 23, 1987) 
are unavailable. We are therefore unable to determine the 
appropriateness of all of the procedures described in the service 
bulletin and must remove those references from this supplemental NPRM.

Comments

    We have considered the following comments on the original NPRM.

Request To Correct Typographical Errors

    The commenter, on behalf of Air Wisconsin Airlines Corporation, 
notes that the proposed AD misidentified two reference documents. In 
paragraph (c), the last Modification number should be HCM01698A. In 
paragraph (i), Table 1, the date listed for ISB.53-005, Revision 1, 
should be April 19, 1985.
    We have corrected these references in this supplemental NPRM.

Additional Change to Original NPRM

    We have revised the statement of the unsafe condition to clarify 
the effect of chafing or scoring in the skin along the full length of 
the wing-to-fuselage fairing from the forward to aft ends at the 
contact between the seal and fuselage.

FAA's Determination and Proposed Requirements of the Supplemental NPRM

    Certain changes discussed above expand the scope of the original 
NPRM; therefore, we have determined that it is

[[Page 17038]]

necessary to reopen the comment period to provide additional 
opportunity for public comment on this supplemental NPRM.

Costs of Compliance

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

                                      Estimated Costs, per Inspection Cycle
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                                                                                         Number of
                                              Average                        Cost per      U.S.-
            Action             Work  hours   labor rate        Parts         airplane    registered   Fleet cost
                                              per hour                                   airplanes
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Inspection (ISB.53-005)......            2          $65  None............         $130           35       $4,550
Inspection (ISB.53-067)......            4           65  None............          260           35        9,100
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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 supplemental NPRM 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 
adding the following new airworthiness directive (AD):

BAE Systems (Operations) Limited (Formerly British Aerospace 
Regional Aircraft): Docket No. FAA-2005-22974; Directorate 
Identifier 2005-NM-180-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by May 1, 
2006.

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, on which Modification HCM00301A or B has been done, and on 
which Modification HCM01698A has not been done.

Unsafe Condition

    (d) This AD results from a report of chafing along the seal/
fuselage contact area under the wing-to-fuselage fairing access 
panels on both sides of the fuselage. We are issuing this AD to 
detect and correct such chafing or scoring in this area, which could 
result in reduced structural integrity of the 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.

Inspection

    (f) Before the airplane accumulates 1,000 total flight cycles, 
or within 500 flight cycles after the effective date of this AD, 
whichever occurs later: Inspect, using a dial test indicator, to 
measure the depth of any chafing or scoring in the skin along the 
full length of the wing-to-fuselage fairing from forward to aft ends 
at the point of contact between the seal and fuselage on both sides 
of the fuselage. Do applicable related investigative/corrective 
actions in accordance with the Accomplishment Instructions of BAE 
Systems (Operations) Limited Inspection Service Bulletins ISB.53-
005, Revision 2, dated February 16, 2004, and ISB.53-067, Revision 
3, dated June 27, 2005, except as required by paragraph (g) of this 
AD. Do related investigative/corrective actions and repeat the 
inspection to measure the chafing/scoring at the times specified in 
the service bulletins, as applicable.

Exceptions to Service Bulletin Specifications

    (g) Where the service bulletins referenced in this AD specify to 
contact the manufacturer for repair instructions: Before further 
flight, repair 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).
    (h) Although the service bulletins referenced in this AD specify 
to submit certain information to the manufacturer, this AD does not 
include that requirement.

Credit for Earlier Accomplishment

    (i) Inspections and applicable investigative and corrective 
actions done before the effective date of this AD are acceptable for 
compliance with the requirements of paragraph (f) of this AD if done 
in accordance with one of the service bulletin versions identified 
in Table 1 of this AD, as applicable.

[[Page 17039]]



                   Table 1.--Credit Service Bulletins
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  BAE Systems (Operations)
 Limited Inspection Service    Revision level             Date
          Bulletin
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ISB.53-005..................  Revision 1.....  April 19, 1985.
ISB.53-067..................  Revision 1.....  February 16, 1990.
                              Revision 2.....  February 16, 2004.
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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.

Related Information

    (k) British airworthiness directive G-2005-0020, dated July 6, 
2005, also addresses the subject of this AD.

    Issued in Renton, Washington, on March 24, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E6-4927 Filed 4-4-06; 8:45 am]
BILLING CODE 4910-13-P