[Federal Register Volume 73, Number 40 (Thursday, February 28, 2008)]
[Rules and Regulations]
[Pages 10643-10644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3395]



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  Federal Register / Vol. 73, No. 40 / Thursday, February 28, 2008 / 
Rules and Regulations  

[[Page 10643]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-29337; Directorate Identifier 2007-NM-150-AD; 
Amendment 39-15388; AD 2008-04-16]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited Model 
BAe 146 and Model Avro 146-RJ Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

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:

    Corrosion has been reported beneath the heat shield which is 
located around the APU (auxiliary power unit) exhaust outlet. Such 
corrosion could result in the fuselage being unable to sustain 
horizontal and vertical stabiliser loads. This is considered as 
potentially hazardous/catastrophic. * * *

The unsafe condition is that the horizontal or vertical stabilizer 
might collapse under excessive load, resulting in loss of control of 
the airplane. We are issuing this AD to require actions to correct the 
unsafe condition on these products.

DATES: This AD becomes effective April 3, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 3, 
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 September 28, 2007 
(72 FR 55122). That NPRM proposed to correct an unsafe condition for 
the specified products. The MCAI states:

    Corrosion has been reported beneath the heat shield which is 
located around the APU (auxiliary power unit) exhaust outlet. Such 
corrosion could result in the fuselage being unable to sustain 
horizontal and vertical stabiliser loads. This is considered as 
potentially hazardous/catastrophic. This AD mandates inspections 
necessary to address the identified unsafe condition.

The unsafe condition is that the horizontal or vertical stabilizer 
might collapse under excessive load, resulting in loss of control of 
the airplane. Corrective actions include repetitive detailed visual 
inspections for corrosion, pitted fasteners, or pillowing of the APU 
heat shield and surrounding skin and, if applicable, removal of the 
heat shield and repair. 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 2 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 $160, or $160 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 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,

[[Page 10644]]

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:

2008-04-16 BAE Systems (Operations) Limited (Formerly British 
Aerospace Regional Aircraft): Amendment 39-15388. Docket No. FAA-
2007-29337; Directorate Identifier 2007-NM-150-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective April 3, 
2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to BAE Systems (Operations) Limited Model 
BAe 146 and Model Avro 146-RJ airplanes; certificated in any 
category; all models, all serial numbers.

Subject

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

Reason

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

    Corrosion has been reported beneath the heat shield which is 
located around the APU (auxiliary power unit) exhaust outlet. Such 
corrosion could result in the fuselage being unable to sustain 
horizontal and vertical stabiliser loads. This is considered as 
potentially hazardous/catastrophic. This AD mandates inspections 
necessary to address the identified unsafe condition.

The unsafe condition is that the horizontal or vertical stabilizer 
might collapse under excessive load, resulting in loss of control of 
the airplane. Corrective actions include repetitive detailed visual 
inspections for corrosion, pitted fasteners, or pillowing of the APU 
heat shield and surrounding skin and, if applicable, removal of the 
heat shield and repair.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 12 months after the effective date of this AD and 
thereafter at intervals not to exceed 24 months, perform a detailed 
visual inspection of the APU heat shield and surrounding skin, in 
accordance with paragraph 2.C. of BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.53-191, dated October 25, 2006.
    (2) If any corrosion, pitted fastener, or pillowing is found 
during any detailed visual inspection required by paragraph (f)(1) 
of this AD, before the next flight, remove the APU heat shield and 
repair the affected area in accordance with paragraph 2.D. of BAE 
Systems (Operations) Limited Inspection Service Bulletin ISB.53-191, 
dated October 25, 2006.
    (3) For any airplane modified in accordance with BAE Systems 
(Operations) Limited Modification Service Bulletin SB.53-193-60732A, 
dated November 1, 2006, the repetitive interval specified in 
paragraph (f)(1) of this AD may be extended to 48 months.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, 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 European Aviation Safety Agency Airworthiness 
Directive 2007-0075, dated March 20, 2007; BAE Systems (Operations) 
Limited Inspection Service Bulletin ISB.53-191, dated October 25, 
2006; and BAE Systems (Operations) Limited Modification Service 
Bulletin SB.53-193-60732A, dated November 1, 2006; for related 
information.

Material Incorporated by Reference

    (i) You must use BAE Systems (Operations) Limited Inspection 
Service Bulletin ISB.53-191, dated October 25, 2006, 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.
    (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.

    Issued in Renton, Washington, on February 13, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
 [FR Doc. E8-3395 Filed 2-27-08; 8:45 am]
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