[Federal Register Volume 71, Number 127 (Monday, July 3, 2006)]
[Proposed Rules]
[Pages 37868-37870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10352]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25232; Directorate Identifier 2006-NM-106-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).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain BAE Systems (Operations) Limited Model BAe 146 and Avro 
146-RJ airplanes. This proposed AD would require repetitive inspections 
of the wing top skin under the rib 0 joint strap, and related 
investigative and corrective actions if necessary. This proposed AD 
results from a report of a significant crack in the wing top skin under 
the rib 0 joint strap. We are proposing this AD to detect and correct 
corrosion and cracking in that area, which could result in reduced 
structural integrity of the wing.

DATES: We must receive comments on this proposed AD by August 2, 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 
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 ``FAA-2006-
25232; Directorate Identifier 2006-NM-106-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

    The European Aviation Safety Agency (EASA) notified us that an 
unsafe condition may exist on certain BAE Systems (Operations) Limited 
Model BAe 146 and Avro 146-RJ airplanes. The EASA advises that a 
significant crack in the wing top skin under the rib 0 joint strap was 
found during a scheduled inspection of adjacent structure. This 
cracking may also occur on other airplanes having top wing skins made 
from the same aluminum alloy as the top wing skin on the subject 
airplane. Cracking in this area, if not corrected, could result in 
reduced structural integrity of the wing.

Relevant Service Information

    The manufacturer has issued BAE Systems (Operations) Limited Alert 
Inspection Service Bulletin (ISB) ISB.57-a071, dated April 12, 2006. 
The ISB describes procedures for repetitive ultrasonic inspections for 
defects (including corrosion and cracking) of the wing top skin under 
the rib 0 joint strap, at the outer row of fasteners. The initial 
compliance time ranges from the earlier of 500 flights or 3 months (for 
airplanes with existing repairs and no previous inspection of the 
subject area) to the earlier of 4,000 flight cycles or 24 months (for 
airplanes previously inspected). For any defect found, the ISB 
specifies the related investigative actions of a radiographic 
inspection of the top wing skin to detect corrosion and cracking, and a 
high frequency eddy current inspection around the nuts of the stringer 
flanges to detect cracking and corrosion. The ISB describes the 
corrective actions of repairing the cracks or corrosion; alternatively, 
the ISB specifies operators may obtain an approved BAE Systems repair 
scheme.
    Accomplishing the actions specified in the ISB is intended to 
adequately address the unsafe condition. The EASA mandated the ISB and 
issued emergency airworthiness directive 2006-0091-E, dated April 20, 
2006, to ensure the continued airworthiness of these airplanes in the 
European Union.
    The ISB refers to BAe 146 Series/AVRO-RJ Series Nondestructive 
Testing Manual 57-10-12, Revision 23, dated November 15, 2003, as an 
additional source of service information for the radiographic and high 
frequency eddy current inspections. The ISB refers to BAe Structural 
Repair Manual 57-10-15-001 as an additional source of service 
information for the repair.

FAA's Determination and Requirements of the Proposed AD

    These airplane models are manufactured in the United Kingdom

[[Page 37869]]

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. As 
described in FAA Order 8100.14A, ``Interim Procedures for Working with 
the European Community on Airworthiness Certification and Continued 
Airworthiness,'' dated August 12, 2005, the EASA has kept the FAA 
informed of the situation described above. We have examined the EASA's 
findings, evaluated all pertinent information, and determined that we 
need to issue an AD for products of this type design that are 
certificated for operation in the United States.
    Therefore, we are proposing this AD, which would require 
accomplishing the actions specified in the ISB described previously, 
except as discussed below.

Differences Between the Proposed AD and ISB

    The ISB allows, as an option, an approved BAE Systems repair scheme 
for repairing certain conditions, but this AD requires repairing those 
conditions using a method approved by the FAA or the EASA (or its 
delegated agent). In light of the type of repair required to address 
the unsafe condition, and consistent with existing bilateral 
airworthiness agreements, we have determined that, for this AD, a 
repair approved by the FAA or the EASA is acceptable for compliance 
with this AD.

Clarification of Compliance Time

    This AD refers to compliance times specified in the ISB. However, 
the ISB does not provide a relevant point from which to measure the 
compliance time. This AD requires that the required actions be done 
within the specified compliance times after the effective date of this 
AD.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this proposed AD, per inspection cycle.

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                        Number of U.S.-
                      Action                           Work hours     Average labor        Parts           Cost per        registered       Fleet cost
                                                                      rate per hour                        airplane        airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection........................................               6              $80               $0             $480               10           $4,800
--------------------------------------------------------------------------------------------------------------------------------------------------------

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 
adding the following new airworthiness directive (AD):

BAE Systems (Operations) Limited (Formerly British Aerospace 
Regional Aircraft): Docket No. FAA-2006-25232; Directorate 
Identifier 2006-NM-106-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by August 2, 
2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to BAE Systems (Operations) Limited Model 
BAe 146-100A, -200A, and -300A series airplanes; and Avro 146-RJ70A, 
146-RJ85A, and 146-RJ100A airplanes; certificated in any category; 
as identified in BAE Systems (Operations) Limited Alert Inspection 
Service Bulletin ISB.57-a071, dated April 12, 2006.

Unsafe Condition

    (d) This AD results from a report of a significant crack in the 
wing top skin under the rib 0 joint strap. We are issuing this AD to 
detect and correct corrosion and cracking in that area, which could 
result in reduced structural integrity of the wing.

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) Inspect the airplane at the applicable time specified in 
paragraph 1.D. ``Compliance'' of BAE Systems (Operations) Limited 
Alert Inspection Service Bulletin (ISB) ISB.57-a071, dated April 12, 
2006, except, where the service bulletin specifies a compliance time 
after the date on the service bulletin, this AD requires compliance 
within the specified compliance time after the effective date of 
this AD. The inspection required by this paragraph involves an 
ultrasonic inspection for defects, including corrosion and cracking, 
of the wing top skin under the rib 0 joint strap, at the outer row

[[Page 37870]]

of fasteners, by doing all applicable actions specified in the 
Accomplishment Instructions of the ISB. Do all applicable related 
investigative and corrective actions before further flight in 
accordance with the ISB, except as required by paragraph (g) of this 
AD. Repeat the inspection at intervals not to exceed 4,000 flight 
cycles or 24 months, whichever occurs first.

Exceptions to ISB Specifications

    (g) BAE Systems (Operations) Limited Alert Inspection Service 
Bulletin (ISB) ISB.57-a071, dated April 12, 2006, specifies two 
provisions not specified in this AD.
    (1) No inspection report is necessary.
    (2) As an option, the ISB would allow repairs specified in an 
approved BAE Systems repair scheme. This AD instead requires any 
repair using this option in accordance with a method approved by 
either the Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA; or the European Aviation Safety Agency 
(or its delegated agent).

Alternative Methods of Compliance (AMOCs)

    (h)(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

    (i) The subject of this AD is also addressed in European 
Aviation Safety Agency emergency airworthiness directive 2006-0091-
E, dated April 20, 2006.

    Issued in Renton, Washington, on June 23, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E6-10352 Filed 6-30-06; 8:45 am]
BILLING CODE 4910-13-P