[Federal Register Volume 71, Number 188 (Thursday, September 28, 2006)]
[Rules and Regulations]
[Pages 56859-56861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8231]


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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; 
Amendment 39-14774; AD 2006-20-05]
RIN 2120-AA64


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

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

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain BAE Systems (Operations) Limited Model BAe 146 airplanes. This 
AD requires 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. 
This AD results from a report of chafing in this area. We are issuing 
this AD to detect and correct such chafing or scoring, which could 
result in reduced structural integrity of the fuselage.

DATES: This AD becomes effective November 2, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of November 2, 
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 98057-3356; telephone (425) 
227-2125; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

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 street address stated in the 
ADDRESSES section.

Discussion

    The FAA issued a supplemental notice of proposed rulemaking (NPRM) 
to amend 14 CFR part 39 to include an AD that would apply to certain 
BAE Systems (Operations) Limited Model BAe 146 airplanes. That 
supplemental NPRM was published in the Federal Register on April 5, 
2006 (71 FR 17037). That supplemental 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.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comment we received on 
the supplemental NPRM.

Request for Revised Compliance Time

    BAE notes that corresponding British airworthiness directive G-
2005-0020, dated July 6, 2005, allows an additional 4,000 flight cycles 
before previously inspected airplanes must be reinspected. But 
paragraph (f) of the supplemental NPRM would require all airplanes to 
be inspected before the airplane accumulates 1,000 total flight cycles, 
or within a grace period of 500 flight cycles, without any provision 
for an extended compliance time for airplanes previously inspected in 
accordance with both BAE Systems (Operations) Limited Inspection 
Service Bulletins ISB.53-005, Revision 2, dated February 16, 2005, and 
ISB.53-067, Revision 3, dated June 27, 2005. BAE adds that there are no 
airplanes in service with fewer than 1,000 total flight cycles.
    We infer that the commenter requests that we revise the 
supplemental NPRM. We agree. We have revised paragraph (f) to allow the 
deferral of certain corrective actions under specific conditions 
outlined in the service bulletins, as provided in new paragraph (h) in 
this AD.

Additional Changes to Supplemental NPRM

    The supplemental NPRM specified that all actions including 
corrective actions would be required at the times specified in BAE 
Systems (Operations) Limited Inspection Service Bulletins ISB.53-005 
and ISB.53-067. Our intent was to match the specifications of the 
service bulletins, which allow deferred corrective action only under 
certain conditions. To clarify the required compliance times of this 
AD, we have added new paragraph (h) to explicitly require corrective 
actions before further flight, except when repair may be deferred under 
the specific conditions noted in the service bulletins.
    Paragraph (g) of the supplemental NPRM specified making repairs 
using a method approved by either the FAA or the Civil Aviation 
Authority, which is the airworthiness authority for the United Kingdom. 
The European Aviation Safety Agency (EASA) has assumed responsibility 
for the airplane model subject to this AD. Therefore, we have revised 
paragraph (g) of this AD to specify making repairs using a method 
approved by the FAA, the CAA (or its delegated agent), or the EASA (or 
its delegated agent).

Conclusion

    We have carefully reviewed the available data, including the 
comments received, and determined that air safety and the public 
interest require adopting the AD with the changes described previously. 
We have determined that these changes will neither increase the 
economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

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

[[Page 56860]]



                                      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
----------------------------------------------------------------------------------------------------------------
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 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 
adding the following new airworthiness directive (AD):

2006-20-05 BAE Systems (Operations) Limited (Formerly British 
Aerospace Regional Aircraft): Amendment 39-14774. Docket No. FAA-
2005-22974; Directorate Identifier 2005-NM-180-AD.

Effective Date

    (a) This AD becomes effective November 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, 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) 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, 
and 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 the inspection before the airplane accumulates 1,000 total flight 
cycles, or within 500 flight cycles after the effective date of this 
AD, whichever occurs later. Do related investigative/corrective 
actions and repeat the inspection to measure the chafing/scoring at 
the times specified in the service bulletins, as applicable, except 
as required in paragraph (h) of this AD.

Exceptions to and Clarification of Service Bulletin Specifications

    (g) Where 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; specify to contact the 
manufacturer for repair instructions: Before further flight, repair 
using a method approved by the Manager, International Branch, ANM-
116, Transport Airplane Directorate, FAA; the Civil Aviation 
Authority (or its delegated agent); or the EASA (or its delegated 
agent).
    (h) This AD requires corrective actions before further flight, 
except where corrective actions may be deferred under specific 
conditions in 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.
    (i) Although 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; specify to submit 
certain information to the manufacturer, this AD does not include 
that requirement.

Credit for Earlier Accomplishment

    (j) 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. The repetitive inspection may 
be done within 4,000 flight cycles after the most recent inspections 
in accordance with both BAE Systems (Operations) Limited Inspection 
Service Bulletins ISB.53-005 and ISB-53-067 (any revision level).

[[Page 56861]]



                                       Table 1.--Credit Service Bulletins
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     BAE Systems (Operations) Limited
       Inspection  Service Bulletin               Revision level                           Date
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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.
----------------------------------------------------------------------------------------------------------------

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) British airworthiness directive G-2005-0020, 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.53-005, Revision 2, dated February 16, 2004; 
and BAE Systems (Operations) Limited Inspection Service Bulletin 
ISB.53-067, Revision 3, dated June 27, 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 these documents 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 September 15, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-8231 Filed 9-27-06; 8:45 am]
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