[Federal Register Volume 72, Number 5 (Tuesday, January 9, 2007)]
[Rules and Regulations]
[Pages 895-897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-22537]



[[Page 895]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25851; Directorate Identifier 2006-NM-133-AD; 
Amendment 39-14872; AD 2007-01-01]
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 adopting a new airworthiness directive (AD) for all 
BAE Systems (Operations) Limited Model BAe 146 and Avro 146-RJ 
airplanes. This AD requires determining the part number of the lift 
spoiler actuators/jacks (referred to after this as ``lift spoiler 
jacks''). For affected lift spoiler jacks, this AD requires 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 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 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.

DATES: This AD becomes effective February 13, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of February 13, 
2007.

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: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1175; 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 would apply to all BAE Systems 
(Operations) Limited Model BAe 146 and Avro 146-RJ airplanes. That NPRM 
was published in the Federal Register on September 20, 2006 (71 FR 
54939). That NPRM proposed to require determining the part number of 
the lift spoiler actuators/jacks (referred to after this as ``lift 
spoiler jacks''). For affected lift spoiler jacks, that NPRM proposed 
to 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.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the single comment received.

Request To Publish Service Information

    The Modification and Replacement Parts Association (MARPA) states 
that, typically, ADs are based on service information originating with 
the type certificate holder or its suppliers. MARPA adds that 
manufacturer service documents are privately authored instruments 
generally having copyright protection against duplication and 
distribution. MARPA notes that when a service document is incorporated 
by reference into a public document, such as an AD, it loses its 
private, protected status and becomes a public document. MARPA adds 
that if a service document is used as a mandatory element of 
compliance, it should not simply be referenced, but should be 
incorporated into the regulatory document; by definition, public laws 
must be public, which means they cannot rely upon private writings. 
MARPA adds that incorporated by reference service documents should be 
made available to the public by publication in the Docket Management 
System (DMS), keyed to the action that incorporates them. MARPA notes 
that the stated purpose of the incorporation by reference method is 
brevity, to keep from expanding the Federal Register needlessly by 
publishing documents already in the hands of the affected individuals; 
traditionally, ``affected individuals'' means aircraft owners and 
operators, who are generally provided service information by the 
manufacturer. MARPA adds that a new class of affected individuals has 
emerged, since the majority of aircraft maintenance is now performed by 
specialty shops instead of aircraft owners and operators. MARPA notes 
that this new class includes maintenance and repair organizations, 
component servicing and repair shops, parts purveyors and distributors, 
and organizations manufacturing or servicing alternatively certified 
parts under section 21.303 (``Replacement and modification parts'') of 
the Federal Aviation Regulations (14 CFR 21.303). Therefore, MARPA asks 
that the service documents deemed essential to the accomplishment of 
the NPRM be incorporated by reference into the regulatory instrument 
and published in the DMS.
    We understand MARPA's comment concerning incorporation by 
reference. The Office of the Federal Register (OFR) requires that 
documents that are necessary to accomplish the requirements of the AD 
be incorporated by reference during the final rule phase of rulemaking. 
This final rule incorporates by reference the document necessary for 
the accomplishment of the requirements mandated by this AD. Further, we 
point out that while documents that are incorporated by reference do 
become public information, they do not lose their copyright protection. 
For that reason, we advise the public to contact the manufacturer to 
obtain copies of the referenced service information.
    In regard to the commenter's request to post service bulletins on 
the Department of Transportation's DMS, we are currently in the process 
of reviewing issues surrounding the posting of service bulletins on the 
DMS as part of an AD docket. Once we have thoroughly examined all 
aspects of this issue and have made a final determination, we will 
consider whether our current practice needs to be revised. No change to 
the final rule is necessary in response to this comment.

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Conclusion

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

Costs of Compliance

    This AD affects about 53 airplanes of U.S. registry. The required 
inspections 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 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 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):

2007-01-01 BAE Systems (Operations) Limited (Formerly British 
Aerospace Regional Aircraft): Amendment 39-14872. Docket No. FAA-
2006-25851; Directorate Identifier 2006-NM-133-AD.

Effective Date

    (a) This AD becomes effective February 13, 2007.

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 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

[[Page 897]]

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

Material Incorporated by Reference

    (m) You must use BAE Systems (Operations) Limited Inspection 
Service Bulletin SB27-176, Revision 2, dated October 5, 2004, 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 December 21, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E6-22537 Filed 1-8-07; 8:45 am]
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