[Federal Register Volume 73, Number 4 (Monday, January 7, 2008)]
[Rules and Regulations]
[Pages 1044-1046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-25479]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0044; Directorate Identifier 2007-NM-126-AD; 
Amendment 39-15320; AD 2007-26-18]
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: We are adopting a new airworthiness directive (AD) for the 
products listed above. This 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: ``An 
accumulator cylinder had material defects and suffered an in-flight 
burst failure causing damage to the aircraft structure.'' We are 
issuing this AD to require actions to correct the unsafe condition on 
these products.

DATES: This AD becomes effective February 11, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of February 11, 
2008.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

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: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on October 17, 2007 (72 
FR 58774). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    An accumulator cylinder had material defects and suffered an in-
flight burst failure causing damage to the aircraft structure. This 
resulted in the issue of EASA Emergency AD 2006-0061-E [we issued AD 
2006-23-12 to address that EASA AD] that required the identification 
and check of cylinders from known suspect batches. Further 
investigations and checks by the accumulator manufacturer have 
concluded that all cylinders from a particular supplier may not have 
been correctly inspected at manufacture. To prevent the risk of 
further failures, this Airworthiness Directive (AD) requires all 
accumulators with cylinders from this supplier to be identified and 
inspected prior to re-installation.

The corrective action includes replacing any accumulator found to have 
a defect. You may obtain further information by examining the MCAI in 
the AD docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed.

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 required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect about 1 product of U.S. 
registry. We also estimate that it will take about 4 work-hours per 
product to comply with the basic requirements of this AD. The average 
labor rate is $80 per work-hour. Based on these figures, we estimate 
the cost of this AD to the U.S. operators to be $320, or $320 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 1045]]

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 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 this AD:
    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 AD and placed it in the AD docket.

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 the NPRM, 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.

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

2007-26-18 BAE Systems (Operations) Limited (Formerly British 
Aerospace Regional Aircraft): Amendment 39-15320. Docket No. FAA-
2007-0044; Directorate Identifier 2007-NM-126-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective February 
11, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to 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, all models, all serial numbers.

Subject

    (d) Air Transport Association (ATA) of America Code 29: 
Hydraulic power.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    An accumulator cylinder had material defects and suffered an in-
flight burst failure causing damage to the aircraft structure. This 
resulted in the issue of EASA Emergency AD 2006-0061-E [we issued AD 
2006-23-12 to address that EASA AD] that required the identification 
and check of cylinders from known suspect batches. Further 
investigations and checks by the accumulator manufacturer have 
concluded that all cylinders from a particular supplier may not have 
been correctly inspected at manufacture. To prevent the risk of 
further failures, this Airworthiness Directive (AD) requires all 
accumulators with cylinders from this supplier to be identified and 
inspected prior to re-installation.

The corrective action includes replacing any accumulator found to 
have a defect.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 30 months after the effective date of this AD, 
identify the installed accumulator in accordance with paragraph 2.C. 
of BAE Systems (Operations) Limited Inspection Service Bulletin 
ISB.29-047, dated October 3, 2006, which makes reference to APPH 
Service Bulletin AIR91666-29-03, dated July 2006.
    (2) When an accumulator is identified as being affected by this 
AD, before further flight after accomplishing the actions required 
in paragraph (f)(1) of this AD, remove the accumulator in accordance 
with paragraph 2.D. of BAE Systems (Operations) Limited Inspection 
Service Bulletin ISB.29-047, dated October 3, 2006, and do a 
magnetic particle inspection of the cylinder for any defects in 
accordance with the Accomplishment Instructions of APPH Service 
Bulletin AIR91666-29-03, dated July 2006.
    (3) If any defect is found during the inspection required in 
paragraph (f)(2) of this AD, before next flight, replace the 
accumulator with a serviceable unit in accordance with the 
Accomplishment Instructions of APPH Service Bulletin AIR91666-29-03, 
dated July 2006.
    (4) After the effective date of this AD, no person may install a 
spare accumulator identified by APPH Service Bulletin AIR91666-29-
03, dated July 2006, as a replacement part, unless it has been 
inspected in accordance with APPH Service Bulletin AIR91666-29-02, 
dated March 2006; or APPH Service Bulletin AIR91666-29-03, dated 
July 2006 (see second Note in paragraph 1.D.(1) of BAE Systems 
(Operations) Limited Inspection Service Bulletin ISB.29-047, dated 
October 3, 2006, for further explanation).

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows:
    (1) Where the MCAI specifies to identify the installed 
accumulator within 6 weeks after the effective date of the AD, we 
have determined that the identification may be done within 30 months 
after the effective date of this AD to coincide with the compliance 
time for the magnetic particle inspection. In making this 
determination, we considered the maximum interval of time allowable 
for all affected airplanes to continue to operate without 
compromising safety, fleet usage, and the availability of 
replacement parts.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, ANM-
116, International Branch, Transport Airplane Directorate, 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.

[[Page 1046]]

    (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 European Aviation Safety Agency Airworthiness 
Directive 2007-0076, dated March 21, 2007, and the service 
information listed in Table 1 of this AD for related information.

                      Table 1.--Service Information
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             Service Bulletin                           Date
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APPH Service Bulletin AIR91666-29-02......  March 2006.
APPH Service Bulletin AIR91666-29-03......  July 2006.
BAE Systems (Operations) Limited            October 3, 2006.
 Inspection Service Bulletin ISB.29-047.
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Material Incorporated by Reference

    (i) You must use the service information specified in Table 2 of 
this AD to do the actions required by this AD, unless the AD 
specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
British Aerospace Regional Aircraft American Support 13850 Mclearen 
Road, Herndon, Virginia 20171; and APPH Ltd., Engineering Division, 
Unit 1, Pembroke Court, Chancellor Road, Manor Park, Runcorn, 
Cheshire, WA7 1TG, England, United Kingdom.
    (3) 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.

              Table 2.--Material Incorporated by Reference
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             Service Bulletin                           Date
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APPH Service Bulletin AIR91666-29-03......  July 2006.
BAE Systems (Operations) Limited            October 3, 2006.
 Inspection Service Bulletin ISB.29-047.
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    Issued in Renton, Washington, on December 20, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-25479 Filed 1-4-08; 8:45 am]
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