[Federal Register Volume 72, Number 30 (Wednesday, February 14, 2007)]
[Rules and Regulations]
[Pages 6919-6921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-2414]



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  Federal Register / Vol. 72, No. 30 / Wednesday, February 14, 2007 / 
Rules and Regulations  

[[Page 6919]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25232; Directorate Identifier 2006-NM-106-AD; 
Amendment 39-14935; AD 2007-04-04]
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 
certain BAE Systems (Operations) Limited Model BAe 146 and Avro 146-RJ 
airplanes. This AD requires repetitive inspections of the wing top skin 
under the rib 0 joint strap, and related investigative and corrective 
actions if necessary. 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.

DATES: This AD becomes effective March 21, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of March 21, 
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: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
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 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 certain BAE Systems 
(Operations) Limited Model BAe 146 and Avro 146-RJ airplanes. That NPRM 
was published in the Federal Register on July 3, 2006 (71 FR 37868). 
That NPRM proposed to require repetitive inspections of the wing top 
skin under the rib 0 joint strap, and related investigative and 
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 for Posting of Service Information

    One commenter, the Modification and Replacement Parts Association 
(MARPA), requests that we revise our procedures for incorporation by 
reference (IBR) of service information in ADs. MARPA states: 
``Typically airworthiness directives are based upon service information 
originating with the type certificate holder or its suppliers. 
Manufacturer service documents are privately authored instruments 
generally enjoying copyright protection against duplication and 
distribution. When a service document is incorporated by reference 
pursuant to 5 U.S.C. 552(a) and 1 CFR part 51 into a public document 
such as an airworthiness directive, it loses its private, protected 
status and becomes itself a public document. 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. 
Public laws by definition must be public which means they cannot rely 
upon private writings.
    ``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. The stated purpose of 
the Federal Register 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'' has meant aircraft owners and 
operators who are generally provided service information by the 
manufacturer. However, 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. This new 
class includes maintenance and repair organizations (MRO), component 
servicing and repair shops, parts purveyors and distributors and 
organizations manufacturing or servicing alternatively certified parts 
under 14 CFR 21.303 (PMA). Further, the concept of brevity is now 
nearly archaic as documents exist more frequently in electronic format 
than on paper.
    ``We therefore request that the service documents deemed essential 
to the accomplishment of this proposed action be (1) Incorporated by 
reference into the regulatory instrument, and (2) published in the 
DMS.''
    We acknowledge MARPA's requests. 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

[[Page 6920]]

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 MARPA'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.

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

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

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                        Number of
                                               Average                    Cost per        U.S.-      Fleet cost
           Action              Work hours    labor rate       Parts       airplane     registered        per
                                              per hour                                  airplanes    inspection
----------------------------------------------------------------------------------------------------------------
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 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):

2007-04-04 BAE Systems (Operations) Limited (Formerly British 
Aerospace Regional Aircraft): Amendment 39-14935. Docket No. FAA-
2006-25232; Directorate Identifier 2006-NM-106-AD.

Effective Date

    (a) This AD becomes effective March 21, 2007.

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.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 of 
fasteners, by doing all applicable actions specified in the 
Accomplishment Instructions of the service bulletin. Do all 
applicable related investigative and corrective actions before 
further flight in accordance with the service bulletin, 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 Service Bulletin Specifications

    (g) BAE Systems (Operations) Limited Alert Inspection Service 
Bulletin ISB.57-a071, dated April 12, 2006, specifies two provisions 
not specified in this AD.
    (1) No inspection report is required by this AD.

[[Page 6921]]

    (2) As an option, the service bulletin allows repairs specified 
in an approved BAE Systems repair scheme. This AD instead requires 
any repair using this option to be done in accordance with a method 
approved by either the Manager, International Branch, ANM-116, FAA; 
or the European Aviation Safety Agency (or its delegated agent).

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, International Branch, ANM-116, 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.

Material Incorporated by Reference

    (j) You must use BAE Systems (Operations) Limited Alert 
Inspection Service Bulletin ISB.57-a071, dated April 12, 2006, 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 FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., 
Renton, Washington; or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on February 5, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-2414 Filed 2-13-07; 8:45 am]
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