[Federal Register Volume 71, Number 112 (Monday, June 12, 2006)]
[Rules and Regulations]
[Pages 33602-33604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-5206]


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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; 
Amendment 39-14634; AD 2006-12-09]
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: Final rule.

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SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD), which applies to certain BAE Systems (Operations) Limited Model 
BAe 146 and Avro 146-RJ airplanes. That AD currently 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 new AD instead requires new repetitive inspections and 
expands the area to be inspected. This new AD also expands the 
applicability and provides an optional action that would extend the 
repetitive inspection interval. This 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 issuing this AD to prevent reduced structural 
integrity of the airplane.

DATES: This AD becomes effective July 17, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of July 17, 
2006.

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: 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:

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 2004-01-07, amendment 
39-13421 (69 FR 869, January 7, 2004). The existing AD applies to 
certain BAE Systems (Operations) Limited Model BAe 146 and Avro 146-RJ 
airplanes. That NPRM was published in the Federal Register on December 
13, 2005 (70 FR 73665). That NPRM proposed to continue to require 
inspections of certain inner webs and flanges for signs of corrosion 
(including cracks, blistering, or flaking paint), and corrective action 
if necessary. That NPRM also proposed to add repetitive inspections, 
expand the area to be inspected, expand the applicability, and provide 
an optional action that would extend the proposed repetitive inspection 
interval.

Comments

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

Request To Require Revised Service Information

    Air Wisconsin requests that we delay issuing the final rule until 
the manufacturer revises Inspection Service Bulletin (ISB) ISB.53-182, 
dated March 16, 2005 (cited in the NPRM). The commenter reports that 
BAE plans to revise the ISB to extend the inspection area after recent 
inspection data revealed evidence of corrosion cracking on some frame 
outer flanges. The commenter states that delaying issuance of the final 
rule would allow time to determine whether the revised ISB better 
addresses the identified unsafe condition. The commenter adds that it 
just makes more sense in regards to cost effectiveness and 
airworthiness safety for operators to perform the most thorough and up-
to-date inspection on their airplanes.
    We acknowledge the commenter's concern, but we do not agree to 
delay the issuance of the final rule. Release of a revised service 
bulletin is not imminent. To delay this action would be inappropriate 
because we have determined that an unsafe condition exists. However, we 
may consider further rulemaking in the future to expand the inspection 
area if warranted. In light of the identified unsafe condition, 
however, we consider it appropriate to proceed with this final rule as 
proposed.

Conclusion

    We have carefully reviewed the available data, including the 
comment that has been submitted, and determined that air safety and the 
public interest require adopting the AD as proposed.

Costs of Compliance

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

[[Page 33603]]



                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                         Number of
                                              Average                        Cost per      U.S.-
            Action              Work hours   labor rate     Parts cost       airplane    registered   Fleet cost
                                              per hour                                   airplanes
----------------------------------------------------------------------------------------------------------------
HFEC inspection, per                     5          $65  None............         $325           55      $17,875
 inspection cycle.
Detailed inspection, per                 3           65  None............          195           55       10,725
 inspection cycle.
----------------------------------------------------------------------------------------------------------------

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

2006-12-09 BAE Systems (Operations) Limited (Formerly British 
Aerospace Regional Aircraft): Amendment 39-14634. Docket No. FAA-
2005-23284; Directorate Identifier 2005-NM-163-AD.

Effective Date

    (a) This AD becomes effective July 17, 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 (including cracks, blistering, or 
flaking paint) 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, Transport Airplane Directorate, FAA; 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.
    (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, has the 
authority to approve AMOCs for this AD, if requested in

[[Page 33604]]

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.

Material Incorporated by Reference

    (m) You must use BAE Systems (Operations) Limited Inspection 
Service Bulletin ISB.53-182, dated March 16, 2005, to perform the 
actions that are required by this AD, unless the AD specifies 
otherwise. The Director of the Federal Register approved the 
incorporation by reference of this document in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. Contact British Aerospace Regional 
Aircraft American Support, 13850 Mclearen Road, Herndon, Virginia 
20171, for a copy of this service information. You may review copies 
at the Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW., Room PL-401, Nassif 
Building, Washington, DC; on the Internet at http://dms.dot.gov; or 
at 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 May 31, 2006.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-5206 Filed 6-9-06; 8:45 am]
BILLING CODE 4910-13-P