[Federal Register Volume 71, Number 188 (Thursday, September 28, 2006)]
[Proposed Rules]
[Pages 56903-56905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-15948]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25920; Directorate Identifier 2006-NM-137-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 Model Avro 
146-RJ airplanes. This proposed AD would require calculating the 
current life of each lift spoiler jack, and eventually replacing each 
lift spoiler jack. This proposed AD results from a review of all system 
components as part of the life-extension program for the affected 
airplanes that indicated the fatigue life limit of certain lift spoiler 
jacks cannot be extended from the current life limit. We are proposing 
this AD to prevent failure of the lift spoiler jack, and consequent 
increased drag and uncommanded roll inputs, which could reduce the 
flightcrew's ability to control the airplane.

DATES: We must receive comments on this proposed AD by October 30, 
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-
25920; Directorate Identifier 2006-NM-137-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), which is the 
airworthiness authority for the European Union, notified us that an 
unsafe condition may exist on all BAE Systems (Operations) Limited 
Model BAe 146 and Model Avro 146-RJ airplanes. The EASA advises that 
the life limit of the affected airplanes ranges from 40,000 flight 
cycles to 50,000 flight cycles, depending

[[Page 56904]]

on the airplane variant. The manufacturer has conducted a review of all 
system components as part of a program to extend the life limit beyond 
40,000 to 50,000 flight cycles. This program established that the 
fatigue life of the lift spoiler jacks, part numbers (P/Ns) P308-45-
0002, P308-45-0102, and P308-45-0202, cannot be extended beyond the 
current life limit of 55,000 flight cycles for that part. Therefore, 
the lift spoiler jacks must be replaced in order for the life limit of 
the affected airplanes to be extended. This condition, if not 
corrected, could result in failure of the lift spoiler jack, and 
consequent increased drag and uncommanded roll inputs, which could 
reduce the flightcrew's ability to control the airplane.

Relevant Service Information

    BAE Systems (Operations) Limited has issued Modification Service 
Bulletin ISB.27-178, dated January 14, 2005. Modification Service 
Bulletin ISB.27-178 describes procedures for calculating the current 
life of each lift spoiler jack with an affected P/N. Modification 
Service Bulletin ISB.27-178 also describes procedures for replacing 
each P/N P308-45-0002 and -0102 lift spoiler jack with a serviceable 
unit before the part reaches its life limit. The procedures for 
calculating the current life depend on whether or not complete 
component utilization records exist:
     If complete records exist, calculate the life limits using 
those records.
     If complete records do not exist, calculate the 
theoretical life in conjunction with Appendix 2 of Modification Service 
Bulletin ISB.27-178.
    Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition. The EASA mandated 
the service information and issued EASA airworthiness directive 2006-
0138, dated May 23, 2006, to ensure the continued airworthiness of 
these airplanes in the European Union.
    Modification Service Bulletin ISB.27-178 refers to the following:
     BAE Systems (Operations) Limited Modification Service 
Bulletin SB.27-179-70675A, dated January 19, 2005, as an additional 
source of service information for replacing lift spoiler jacks having 
P/N P308-45-0002 and -0102.
     BAE Systems (Operations) Limited Inspection ISB.05-005, 
Revision 1, dated June 9, 2005, as an additional source of service 
information for calculating the theoretical life when complete 
utilization records do not exist.
     Smiths Service Newsletter P308-27-003, dated March 12, 
2004, as an additional source of service information for resolving 
anomalies with the P/Ns.

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. Pursuant 
to this bilateral airworthiness agreement, 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 airplanes 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 service information 
described previously.

Costs of Compliance

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

                                                                     Estimated Costs
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                                                                                                                          Number of U.S.-
                  Action                     Work hours     Average labor              Parts                 Cost per       registered      Fleet cost
                                                            rate per hour                                    airplane        airplanes
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Determine the life of each lift spoiler                 1             $80  None.........................             $80              53          $4,240
 jack.
Replace each lift spoiler jack (6 per....               6              80  $102,000.....................         102,480              53       5,431,440
airplane)................................
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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 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:

[[Page 56905]]

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-2006-25920; Directorate 
Identifier 2006-NM-137-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by October 
30, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the airplanes specified in paragraphs 
(c)(1) and (c)(2) of this AD, certificated in any category, having 
lift spoiler jacks with part number (P/N) P308-45-0002, P308-45-
0102, or P308-45-0202.
    (1) All BAE Systems (Operations) Limited Model BAe 146-100A, -
200A, and -300A series airplanes.
    (2) All Model Avro 146-RJ70A, 146-RJ85A, and 146-RJ100A 
airplanes.

Unsafe Condition

    (d) This AD results from a review of all system components as 
part of the life-extension program for the affected airplanes that 
indicated the fatigue life of certain lift spoiler jacks cannot be 
extended from the current life limit. We are issuing this AD to 
prevent failure of the lift spoiler jack, and consequent increased 
drag and uncommanded roll inputs, which could reduce the 
flightcrew's ability to control 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.

Calculating the Life Limit

    (f) Within 18 months after the effective date of this AD: 
Calculate the current life of each lift spoiler jack in accordance 
with the Accomplishment Instructions of BAE Systems (Operations) 
Limited Modification Service Bulletin ISB.27-178, dated January 14, 
2005.

    Note 1: BAE Systems (Operations) Limited Modification Service 
Bulletin ISB.27-178 refers to the service information listed in 
Table 1 of this AD as additional sources of service information for 
the actions in paragraphs (f) and (g) of this AD.


           Table 1.--Additional Sources of Service Information
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                                            Is an additional source of
        This service document--             service information for--
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BAE Systems (Operations) Limited         Replacing lift spoiler jacks
 Modification Service Bulletin SB.27-     having P/N P308-45-0002 and
 179-70675A, dated January 19, 2005.      0102.
BAE Systems (Operations) Limited         Calculating the theoretical
 Inspection Service Bulletin ISB.05-      life when complete utilization
 005, Revision 1, dated June 9, 2005.     records do not exist.
Smiths Service Newsletter P308-27-003,   Resolving anomalies with the P/
 dated March 12, 2004.                    Ns.
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Replacement

    (g) Within 18 months after the effective date of this AD or 
before the accumulation of 55,000 total flight cycles on the lift 
spoiler jack, whichever occurs later: Replace each P/N P308-45-0002, 
P308-45-0102, or P308-45-0202 lift spoiler jack with a serviceable 
unit in accordance with the Accomplishment Instructions of BAE 
Systems (Operations) Limited Modification Service Bulletin ISB.27-
178, dated January 14, 2005. Thereafter, replace each lift spoiler 
jack with a serviceable unit at intervals not to exceed 55,000 
flight cycles.

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) European Aviation Safety Agency airworthiness directive 
2006-0138, dated May 23, 2006, also addresses the subject of this 
AD.

    Issued in Renton, Washington, on September 20, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E6-15948 Filed 9-27-06; 8:45 am]
BILLING CODE 4910-13-P