[Federal Register Volume 72, Number 244 (Thursday, December 20, 2007)]
[Proposed Rules]
[Pages 72270-72272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-24699]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0368; Directorate Identifier 2007-NM-050-AD]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited Model 
BAe 146-100A, -200A, and -300A Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed AD results from mandatory 
continuing airworthiness information (MCAI) originated by an aviation 
authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as:

    Cracking has been found on the centre fuselage top aft longeron 
at Rib `0,' on an in-service aircraft. * * *

This condition could result in reduced structural integrity of the 
airplane. The proposed AD would require actions that are intended to 
address the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by January 22, 
2008.

ADDRESSES:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New 
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Operations office (telephone (800) 647-5527) is 
in the ADDRESSES section. Comments will be available in the AD docket 
shortly after receipt.

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 send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2007-0368; 
Directorate Identifier 2007-NM-050-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2006-0215, dated July 14, 2006 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

Cracking has been found on the centre fuselage top aft longeron at 
Rib `0' on an in-service aircraft. Subsequent investigation has 
indicated that the currently defined threshold and repeat inspection 
period must be reduced, and the area of inspection expanded for the 
BAe 146 series 100 and 200. For the BAe146 series 300, only the 
repeat inspection period must be reduced, and the area of inspection 
expanded.

Cracking on the center fuselage top aft longeron at Rib `0,' could 
result in reduced structural integrity of the airplane. Corrective 
actions include repetitive inspections of the center fuselage top aft 
longeron for cracking and repair/replacement if necessary. You may 
obtain further information by examining the MCAI in the AD docket.

Relevant Service Information

    BAE Systems (Operations) Limited has issued Service Bulletin 
ISB.53-173, Revision 2, dated March 28, 2006. The actions described in 
this service information are intended to correct the unsafe condition 
identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 1 product of U.S. registry. We also estimate that it 
would take about 8 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on U.S. operators to be $640, or $640 per product.

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

[[Page 72271]]

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 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 this 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.

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 FAA amends Sec.  39.13 by adding the following new AD:

BAE Systems (Operations) Limited (Formerly British Aerospace 
Regional Aircraft): Docket No. FAA-2007-0368; Directorate Identifier 
2007-NM-050-AD.

Comments Due Date

    (a) We must receive comments by January 22, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all BAE Systems (Operations) Limited 
Model BAE 146-100A, -200A, and -300A series airplanes; certificated 
in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 53: 
Fuselage.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    Cracking has been found on the centre fuselage top aft longeron 
at Rib `0' on an in-service aircraft. Subsequent investigation has 
indicated that the currently defined threshold and repeat inspection 
period must be reduced, and the area of inspection expanded for the 
BAe146 series 100 and 200. For the BAe146 series 300, only the 
repeat inspection period must be reduced, and the area of inspection 
expanded.

Cracking on the center fuselage top aft longeron at Rib `0' could 
result in reduced structural integrity of the airplane. Corrective 
actions include repetitive inspections of the center fuselage top 
aft longeron for cracking and repair/replacement if necessary.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) For all BAE 146-100A and BAE 146-200A series airplanes pre-
mod HCM01709B or HCM01709C that have not been inspected in 
accordance with Maintenance Review Board Report (MRBR) SSI/SII Task 
No. 53-20-140A (Maintenance Planning Document (MPD) task 532040-SDI-
10000-3) or BAE Systems (Operations) Limited Service Bulletin 
ISB.53-173 Revision 1, dated May 19, 2004, as of the effective date 
of this AD: Do the actions in paragraphs (f)(1)(i) and (f)(1)(ii) of 
this AD at the applicable compliance time, and do all applicable 
repairs and replacements before further flight.
    (i) Inspect and repair cracking of the forward six bolt bores 
between the subframe and frame 30 in accordance with paragraph 2.B 
of BAE Systems (Operations) Limited Service Bulletin ISB.53-173, 
Revision 2, dated March 28, 2006, before the accumulation of 17,000 
total flight cycles, or within 500 flight cycles after the effective 
date of this AD, whichever occurs later. If the damage exceeds 
limits specified in the structural repair manual (SRM), before 
further flight, contact BAE Systems and repair. Repeat the 
inspection thereafter at intervals not to exceed 5,000 flight 
cycles, except as provided by paragraph (f)(3) of this AD.
    (ii) Inspect and repair cracking of the remaining fastener bores 
between the sub-frame and frame 30 in accordance with paragraph 2.B 
of BAE Systems (Operations) Limited Service Bulletin ISB.53-173, 
Revision 2, dated March 28, 2006, before the accumulation of 17,000 
total flight cycles, or within 4,000 flight cycles after the 
effective date of this AD, whichever occurs later. If the damage 
exceeds limits specified in the SRM, before further flight, contact 
BAE Systems and repair. Repeat the inspection thereafter at 
intervals not to exceed 11,900 flight cycles, except as provided by 
paragraph (f)(3) of this AD.
    (2) For all BAe 146-100A and BAe 146-200A series airplanes pre-
mod HCM01709B or HCM01709C that have been inspected in accordance 
with MRBR SSI/SII Task No. 53-20-140A (MPD task 532040-SDI-10000-3) 
or BAE Systems (Operations) Limited Service Bulletin ISB.53-173 
Revision 1, May 19, 2004, as of the effective date of this AD: Do 
the actions in paragraphs (f)(2)(i), (f)(2)(ii), and (f)(2)(iii) of 
this AD at the applicable compliance time, and do all applicable 
repairs and replacements before further flight.
    (i) Do an ultrasonic inspection and repair cracking of the 
forward six bolt bores between the subframe and frame 30 in 
accordance with paragraph 2.B and Appendix 2 of BAE Systems 
(Operations) Limited Service Bulletin ISB.53-173, Revision 2, dated 
March 28, 2006, before the accumulation of 5,400 flight cycles since 
last inspection, or within 500 flight cycles after the effective 
date of this AD, whichever occurs later. If the damage exceeds 
limits specified in the SRM, before further flight, contact BAE 
Systems and repair. Repeat the inspection thereafter at intervals 
not to exceed 5,000 flight cycles, except as provided by paragraph 
(f)(3) of this AD.
    (ii) Do a high frequency eddy current inspection and repair 
cracking of the forward six bolt bores between the subframe and 
frame 30 in accordance with paragraph 2.B and Appendix 3 of BAE 
Systems (Operations) Limited Service Bulletin ISB.53-173, Revision 
2, dated March 28, 2006, within 4,000 flight cycles after the 
effective date of this AD. If the damage exceeds limits specified in 
the SRM, before further flight, contact BAE systems and repair. 
Repeat the inspection thereafter at intervals not to exceed 5,000 
flight cycles, except as provided by paragraph (f)(3) of this AD.
    (iii) Do a rotating eddy current inspection and repair cracking 
of the remaining fastener bores between the sub-frame and frame 30 
in accordance with paragraph 2.B of BAE Systems (Operations) Limited 
Service Bulletin ISB.53-173, Revision 2, dated March 28, 2006, and 
Nondestructive Test Manual (NTM) Part 6 20-00-03, within 4,000 
flight cycles after the effective date of this AD. If the damage 
exceeds limits specified in the SRM, before further flight, contact 
BAE Systems and repair. Repeat the inspection thereafter at 
intervals not to exceed 11,900 flight cycles, except as provided by 
paragraph (f)(3) of this AD.
    (3) For all BAe 146-100A and BAe 146-200A series airplanes pre-
mod HCM01709B or HCM01709C that have had a replacement aft longeron 
installed: Prior to the accumulation of 17,000 flight cycles after 
the

[[Page 72272]]

aft longeron replacement, or within 500 flight cycles after the 
effective date of this AD, whichever occurs later, inspect for 
cracking of the forward six bolt bores and the fastener bores 
between the sub-frame and frame 30, and repair any crack before 
further flight in accordance with paragraph 2.B of BAE Systems 
(Operations) Limited Service Bulletin ISB.53-173, Revision 2, dated 
March 28, 2006. If the damage exceeds limits specified in the SRM, 
before further flight, contact BAE Systems and repair. Repeat the 
inspection thereafter at intervals not to exceed 5,000 flight cycles 
for the forward six bolt bores, and 11,900 flight cycles for the 
remaining fastener bores between the sub-frame and frame 30. 
Replacing the longeron terminates the repetitive inspection 
requirements of paragraph (f)(1) and (f)(2) of this AD; post-
replacement inspections must be done in accordance with this 
paragraph.


    Note 1: The threshold for an aircraft is reset if a replacement 
longeron is fitted.


    (4) For all BAe 146-300A series airplanes pre-mod HCM01709A that 
have not been inspected in accordance with MRBR SSI/SII Task No. 53-
20-140A (MPD (Maintenance Planning Document) task 532040-SDI-10000-
3) or BAE Systems (Operations) Limited Service Bulletin ISB.53-173, 
Revision 1, dated May 19, 2004, as of the effective date of this AD: 
Do the actions in paragraphs (f)(4)(i) and (f)(4)(ii) of this AD at 
the applicable compliance time, and do all applicable repairs and 
replacements before further flight.
    (i) Inspect and repair cracking of the forward six bolt bores 
between the subframe and frame 30 in accordance with paragraph 2.B 
of BAE Systems (Operations) Limited Service Bulletin ISB.53-173, 
Revision 2, dated March 28, 2006, prior to the accumulation of 
24,000 total flight cycles, or within 500 flight cycles after the 
effective date of this AD, whichever occurs later. If the damage 
exceeds limits specified in the SRM, before further flight, contact 
BAE Systems and repair. Repeat the inspection thereafter at 
intervals not to exceed 4,000 flight cycles, except as provided by 
paragraph (f)(6) of this AD.
    (ii) Inspect and repair cracking of the remaining fastener bores 
between the sub-frame and frame 30 in accordance with paragraph 2.B 
of BAE Systems (Operations) Limited Service Bulletin ISB.53-173, 
Revision 2, dated March 28, 2006, at the later of 24,000 total 
flight cycles, or within 4,000 flight cycles after the effective 
date of this AD. If the damage exceeds limits specified in the SRM, 
before further flight, contact BAE Systems and repair. Repeat the 
inspection thereafter at intervals not to exceed 11,900 flight 
cycles, except as provided by paragraph (f)(6) of this AD.
    (5) For all BAe 146-300A series airplanes pre-mod HCM01709A that 
have been inspected in accordance with MRBR SSI/SII Task No. 53-20-
140A (MPD task 532040-SDI-10000-3) or BAE Systems (Operations) 
Limited Service Bulletin ISB.53-173, Revision 1, May 19, 2004, as of 
the effective date of this AD: Do the actions in paragraphs 
(f)(5)(i), (f)(5)(ii), and (f)(5)(iii) of this AD at the applicable 
compliance time, and do all applicable repairs and replacements 
before further flight.
    (i) Do an ultrasonic inspection and repair cracking of the 
forward six bores between the subframe and frame 30 in accordance 
with paragraph 2.B and Appendix 2 of BAE Systems (Operations) 
Limited Service Bulletin ISB.53-173, Revision 2, dated March 28, 
2006, within 4,000 flight cycles since last inspection, or within 
500 flight cycles after the effective date of this AD, whichever 
occurs later. If the damage exceeds limits specified in the SRM, 
before further flight, contact BAE Systems and repair. Repeat the 
inspection thereafter at intervals not to exceed 4,000 flight cycles 
except as provided by paragraph (f)(6) of this AD.
    (ii) Do a high frequency eddy current inspection and repair 
cracking of the forward six bolt bores between the subframe and 
frame 30 in accordance with paragraph 2.B and Appendix 3 of BAE 
Systems (Operations) Limited Service Bulletin ISB.53-173, Revision 
2, dated March 28, 2006, within 4,000 flight cycles after the 
effective date of this AD. If the damage exceeds limits specified in 
the SRM, before further flight, contact BAE Systems and repair. 
Repeat the inspection thereafter at intervals not to exceed 4,000 
flight cycles, except as provided by paragraph (f)(6) of this AD.
    (iii) Do a rotating eddy current inspection and repair cracking 
of the remaining fastener bores between the sub-frame and frame 30 
in accordance with paragraph 2.B of BAE Systems (Operations) Limited 
Service Bulletin ISB.53-173, Revision 2, dated March 28, 2006, and 
NTM Part 6 20-00-03 within 4,000 flight cycles after the effective 
date of this AD. If the damage exceeds limits specified in the SRM, 
before further flight, contact BAE Systems and repair. Repeat the 
inspection thereafter at intervals not to exceed 11,900 flight 
cycles, except as provided by paragraph (f)(6) of this AD.
    (6) For all BAe 146-300A series airplanes pre-mod HCM01709A that 
have had a replacement aft longeron installed: Prior to the 
accumulation of 24,000 flight cycles after the aft longeron 
replacement, or within 500 flight cycles after the effective date of 
this AD, whichever occurs later, inspect for cracking of the 
fastener bores between the sub-frame and frame 30, and repair any 
crack before further flight in accordance with paragraph 2.B. of BAE 
Systems (Operations) Limited Service Bulletin ISB.53-173, Revision 
2, March 28, 2006. If the damage exceeds limits specified in the 
SRM, before further flight, contact BAE Systems and repair. Repeat 
the inspection thereafter at intervals not to exceed 4,000 flight 
cycles for the forward six bolt bores, and 11,900 flight cycles for 
the remaining fastener bores between the sub-frame and frame 30. 
Replacing the longeron terminates the repetitive inspection 
requirements of paragraph (f)(4) and (f)(5) of this AD; new 
inspections must be done in accordance with this paragraph.

    Note 2:
    The threshold for an aircraft is reset if a replacement longeron 
is fitted.

FAA AD Differences

    Note 3: This AD differs from the MCAI and/ or service 
information as follows: The MCAI specifies doing repetitive 
inspections until the airplane enters the life extension program 
(LEP). This program is not defined by the FAA. Operators of 
airplanes that enter the LEP may request an alternative method of 
compliance (AMOC) for the repetitive inspections in accordance with 
the procedures specified in paragraph (g) of this AD.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) AMOCs: The Manager, ANM-116, Transport Airplane Directorate, 
International Branch, FAA, has the authority to approve AMOCs for 
this AD, if requested using the procedures found in 14 CFR 39.19. 
Send information to ATTN: 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. Before using any approved AMOC on any 
airplane to which the AMOC applies, notify your appropriate 
principal inspector (PI) in the FAA Flight Standards District Office 
(FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI EASA Airworthiness Directive 2006-0215, dated 
July 14, 2006, and BAe Systems (Operations) Limited Service Bulletin 
ISB.53-173, Revision 2, dated March 28, 2006, for related 
information.

    Issued in Renton, Washington, on December 12, 2007.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-24699 Filed 12-19-07; 8:45 am]
BILLING CODE 4910-13-P