[Federal Register Volume 71, Number 182 (Wednesday, September 20, 2006)]
[Proposed Rules]
[Pages 54939-54941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-15592]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 71, No. 182 / Wednesday, September 20, 2006 / 
Proposed Rules  

[[Page 54939]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25851; Directorate Identifier 2006-NM-133-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 adopt a new airworthiness directive (AD) 
for all BAE Systems (Operations) Limited Model BAe 146 and Avro 146-RJ 
airplanes. This proposed AD would require determining the part number 
of the lift spoiler actuators/jacks (referred to after this as ``lift 
spoiler jacks''). For affected lift spoiler jacks, this proposed AD 
would require determining the date of manufacture of the lift spoiler 
jacks, repetitively inspecting the eye-end assembly of the lift spoiler 
jacks to detect discrepancies of the assembly or associated parts, and 
performing corrective actions if necessary. This proposed AD results 
from a report that a lift spoiler deployed in flight due to corrosion 
at the thread where the eye-end assembly was screwed into the piston of 
the lift spoiler jack. We are proposing this AD to prevent detachment 
of the eye-end assembly of a lift spoiler jack, which could result in 
uncommanded deployment of a lift spoiler in flight, and consequent 
reduced controllability of the airplane.

DATES: We must receive comments on this proposed AD by October 20, 
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: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1175; 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-
25851; Directorate Identifier 2006-NM-133-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 all BAE Systems (Operations) Limited 
Model BAe 146 and Avro 146-RJ airplanes. The EASA advises that a lift 
spoiler deployed in flight, due to detachment of the eye-end assembly 
of the lift spoiler actuator/jack (referred to after this as the ``lift 
spoiler jack''). Investigation revealed corrosion at the thread where 
the eye-end assembly was screwed into the piston of the lift spoiler 
jack. This condition, if not corrected, could result in uncommanded 
deployment of a lift spoiler in flight, and consequent reduced 
controllability of the airplane.

Relevant Service Information

    BAE Systems (Operations) Limited has issued Inspection Service 
Bulletin SB27-176, Revision 2, dated October 5, 2004. The service 
bulletin describes procedures for determining the serial number and 
date of manufacture of the lift spoiler jacks, and repetitively 
inspecting for discrepancies of the eye-end assembly of certain lift 
spoiler jacks, associated hardware (lock nut, locking device, and lock 
washer), and the thread of the piston where the eye-end assembly 
attaches. Discrepancies include but are not limited to evidence of 
corrosion or damaged or fretted threads. If there is no discrepancy or 
only light corrosion, as defined in the service bulletin, the service 
bulletin specifies repeating the inspection at a reduced inspection 
interval. If there is any severe corrosion, or damaged or fretted 
thread, the service bulletin specifies replacing the eye-end assembly 
or affected hardware with a new or

[[Page 54940]]

serviceable part. If any discrepancy of the threads of the piston is 
found, the service bulletin specifies returning the piston to the 
manufacturer for repair.
    Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition. The EASA mandated 
the service information and issued airworthiness directive 2006-0139, 
dated May 23, 2006, to ensure the continued airworthiness of these 
airplanes in the European Union.

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. 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 
determining the part number (P/N) of all six lift spoiler jacks, and, 
for affected lift spoiler jacks, accomplishing the actions specified in 
the service information described previously, except as discussed under 
``Differences Between the Proposed AD and Service Information.''

Differences Between the Proposed AD and Service Information

    If any discrepancy of the threads of the piston is found, the 
service bulletin specifies returning the piston to the manufacturer for 
repair. This proposed AD would not require this action. Instead, this 
proposed AD would require replacing the piston with a new or 
serviceable piston.
    The service bulletin does not specify the type of inspection 
necessary to find discrepancies of the eye-end assembly of the lift 
spoiler jacks. We have determined that a detailed inspection is needed. 
Note 1 of this proposed AD defines this type of inspection.

Costs of Compliance

    This proposed AD would affect about 53 airplanes of U.S. registry. 
The proposed inspections would take about 4 work hours per airplane, 
per inspection cycle, at an average labor rate of $80 per work hour. 
Based on these figures, the estimated cost of the proposed AD for U.S. 
operators is $16,960, or $320 per airplane, per 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 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-2006-25851; Directorate 
Identifier 2006-NM-133-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by October 
20, 2006.

Affected ADs

    (b) None.

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 that a lift spoiler deployed 
in flight due to corrosion at the thread where the eye-end assembly 
was screwed into the piston of the lift spoiler actuator/jack 
(referred to after this as the ``lift spoiler jack''). We are 
issuing this AD to prevent detachment of the eye-end assembly of a 
lift spoiler jack, which could result in uncommanded deployment of a 
lift spoiler in flight, and consequent reduced controllability 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.

Service Bulletin Reference

    (f) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of BAE Systems (Operations) Limited 
Inspection Service Bulletin SB27-176, Revision 2, dated October 5, 
2004. Although the service bulletin specifies to submit information 
to the manufacturer, this AD does not include that requirement. 
Inspections and corrective actions accomplished before the effective 
date of this AD in accordance with BAE Systems (Operations) Limited 
Inspection Service Bulletin SB27-176, dated October 1, 2003; or 
Revision 1, dated January 13, 2004; are acceptable for compliance 
with the corresponding actions required by this AD.

Determination of Part Number (P/N)

    (g) Within 30 days after the effective date of this AD: 
Determine the P/N of all six lift

[[Page 54941]]

spoiler jacks. A review of airplane maintenance records is an 
acceptable method of determining the P/N if the P/N can be 
conclusively determined from that review.
    (1) If no lift spoiler jack having P/N P308-45-0002 or P308-45-
0102 is installed: No further action is required by this paragraph.
    (2) For any lift spoiler jack having P/N P308-45-0002 or P308-
45-0102: Before further flight, inspect the lift spoiler jack to 
determine its serial number (S/N) and date of manufacture. A review 
of airplane maintenance records is acceptable in lieu of this 
inspection if the S/N and date of manufacture can be conclusively 
determined from that review.

Inspection of Lift Spoiler Jack

    (h) For any lift spoiler jack having P/N P308-45-0002 or P308-
45-0102: At the applicable compliance time specified in paragraph 
(h)(1) or (h)(2) of this AD, perform a detailed inspection for 
discrepancies of the eye-end assembly of the lift spoiler jack, 
associated hardware, and the thread of the piston where the eye-end 
assembly attaches, in accordance with the service bulletin. 
Discrepancies include but are not limited to evidence of corrosion 
or damaged or fretted threads.
    (1) For lift spoiler jacks identified in paragraphs (h)(1)(i) 
and (h)(1)(ii) of this AD: Within 30 days after the effective date 
of this AD.
    (i) Any lift spoiler jack having a S/N prefixed with ``DAWX'' or 
``CSW'' (regardless of the date of manufacture).
    (ii) Any lift spoiler jack having P/N P308-45-0002 or P308-45-
0102, with a date of manufacture on or before December 31, 1999.
    (2) For lift spoiler jacks with a date of manufacture on or 
after January 1, 2000, except those with S/Ns prefixed with ``DAWX'' 
or ``CSW'': Within 5 months after the effective date of this AD.


    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.''

Repetitive Inspections/Corrective Action

    (i) Repeat the inspection required by paragraph (h) of this AD 
and do corrective actions based on the inspection findings, in 
accordance with paragraph (i)(1), (i)(2), or (i)(3) of this AD, as 
applicable.
    (1) If no discrepancy of the eye-end assembly of the lift 
spoiler jack is found: Repeat the inspection required by paragraph 
(h) of this AD within 48 months, and, based on the findings during 
that repeat inspection, repeat the inspection and do corrective 
actions, as applicable, in accordance with paragraph (i) of this AD.
    (2) If light corrosion, as defined in the service bulletin, but 
no other discrepancy, is found: Repeat the inspection required by 
paragraph (h) of this AD within 24 months, and, based on the 
findings during that repeat inspection, repeat the inspection and do 
corrective actions, as applicable, in accordance with paragraph (i) 
of this AD.
    (3) If severe corrosion, as defined in the service bulletin, or 
any damaged or fretted thread, is found: Before further flight, 
replace the eye-end assembly of the lift spoiler jack, associated 
hardware, and piston, as applicable, with new or serviceable parts, 
as applicable, in accordance with the service bulletin. Then, repeat 
the inspection required by paragraph (h) of this AD within 48 
months, and, based on the findings during that repeat inspection, 
repeat the inspection and do corrective actions, as applicable, in 
accordance with paragraph (i) of this AD. Where the service bulletin 
specifies to return certain damaged parts to the parts manufacturer, 
this AD does not require that action.

Parts Installation

    (j) As of the effective date of this AD, no person may install a 
lift spoiler jack having P/N P308-45-0002 or P308-45-0102 unless it 
has been inspected as required by this AD and found to be free of 
severe corrosion or other discrepancy.

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) The European Aviation Safety Agency's airworthiness 
directive 2006-0139, dated May 23, 2006, also addresses the subject 
of this AD.

    Issued in Renton, Washington, on September 12, 2006.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E6-15592 Filed 9-19-06; 8:45 am]
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