[Federal Register Volume 73, Number 49 (Wednesday, March 12, 2008)]
[Rules and Regulations]
[Pages 13106-13109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4673]


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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; 
Amendment 39-15420; AD 2008-06-08]
RIN 2120-AA64


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

    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. We are issuing this AD to require actions to correct the 
unsafe condition on these products.

DATES: This AD becomes effective April 16, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 16, 
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 December 20, 2007 
(72 FR 72270). That NPRM proposed 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.

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.

Revision to the Reference to the Nondestructive Testing (NDT) Manual

    We have removed the reference to the BAE Systems (Operations) 
Limited BAe 146/Avro 146-RJ Series NDT Manual Part 6 20-00-03 from 
paragraphs (f)(2)(iii) and (f)(5)(iii) of this AD. The appropriate 
source of service information for doing the inspection and repair 
specified in paragraphs (f)(2)(iii) and (f)(5)(iii) of this AD is BAE 
Systems (Operations) Limited Inspection Service Bulletin ISB.53-173, 
Revision 2, dated March 28, 2006. The Accomplishment Instructions of 
the service bulletin refer to the NDT manual. We have added Note 1 and 
Note 3 to this AD to clarify that the service bulletin refers to the 
NDT manual as a secondary source of service information for doing the 
inspection.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD with the change described 
previously. We determined that these changes will not increase the 
economic burden on any operator or increase the scope of the AD.

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.

[[Page 13107]]

    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 8 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 $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 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:

2008-06-08 BAE Systems (Operations) Limited (Formerly British 
Aerospace Regional Aircraft): Amendment 39-15420. Docket No. FAA-
2007-0368; Directorate Identifier 2007-NM-050-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective April 
16, 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 
BAe 146 series 100 and 200. For the BAe 146 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 Model BAe 146-100A and BAE 146-200A series airplanes 
pre-mod HCM01709B or HCM01709C that have not been inspected in 
accordance with BAE Systems (Operations) Limited BAe 146 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 Inspection 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 the Accomplishment Instructions of BAE Systems (Operations) 
Limited Inspection 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 the Accomplishment Instructions of BAE Systems (Operations) 
Limited Inspection 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 Model BAe 146-100A and BAe 146-200A series airplanes 
pre-mod HCM01709B or HCM01709C that have been inspected in 
accordance with BAE Systems (Operations) Limited BAe 146 MRBR SSI/
SII Task No. 53-20-140A (MPD task 532040-SDI-10000-3) or BAE Systems 
(Operations) Limited Inspection 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

[[Page 13108]]

accordance with paragraph 2.B of the Accomplishment Instructions and 
Appendix 2 of BAE Systems (Operations) Limited Inspection 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 of the Accomplishment 
Instructions and Appendix 3 of BAE Systems (Operations) Limited 
Inspection 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 the Accomplishment Instructions 
of BAE Systems (Operations) Limited Inspection 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 11,900 flight cycles, except as provided by paragraph 
(f)(3) of this AD.

    Note 1: BAE Systems (Operations) Limited Inspection Service 
Inspection Bulletin ISB.53-173, Revision 2, dated March 28, 2006, 
refers to the BAE Systems (Operations) Limited BAe 146/Avro 146-RJ 
Series Nondestructive Testing (NDT) Manual Part 6 20-00-03 as a 
secondary source of service information for doing the eddy current 
inspection.

    (3) For all Model 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 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 the 
Accomplishment Instructions of BAE Systems (Operations) Limited 
Inspection 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 2: The threshold for an aircraft is reset if a replacement 
longeron is fitted.

    (4) For all Model BAe 146-300A series airplanes pre-mod 
HCM01709A that have not been inspected in accordance with BAE 
Systems (Operations) Limited BAe 146 MRBR SSI/SII Task No. 53-20-
140A (MPD Task 532040-SDI-10000-3) or BAE Systems (Operations) 
Limited Inspection 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 the Accomplishment Instructions of BAE Systems (Operations) 
Limited Inspection 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 the Accomplishment Instructions of BAE Systems (Operations) 
Limited Inspection 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 Model BAe 146-300A series airplanes pre-mod 
HCM01709A that have been inspected in accordance with BAE Systems 
(Operations) Limited BAe 146 MRBR SSI/SII Task No. 53-20-140A (MPD 
task 532040-SDI-10000-3) or BAE Systems (Operations) Limited 
Inspection 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 of the Accomplishment Instructions and Appendix 2 
of BAE Systems (Operations) Limited Inspection 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 of the Accomplishment 
Instructions and Appendix 3 of BAE Systems (Operations) Limited 
Inspection 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 the Accomplishment Instructions 
of BAE Systems (Operations) Limited Inspection 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 11,900 flight cycles, except as provided by paragraph 
(f)(6) of this AD.

    Note 3: BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.53-173, Revision 2, dated March 28, 2006, refers to the 
BAE Systems (Operations) Limited BAe 146/Avro 146-RJ Series NDT 
Manual Part 6 20-00-03 as a secondary source of service information 
for doing the eddy current inspection.

    (6) For all Model 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 the 
Accomplishment Instructions of BAE Systems (Operations) Limited 
Inspection 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 
paragraphs (f)(4) and (f)(5) of this AD; new inspections must be 
done in accordance with this paragraph.

    Note 4: The threshold for an aircraft is reset if a replacement 
longeron is fitted.

FAA AD Differences

    Note 5: This AD differs from the MCAI and/ or service 
information as follows: The

[[Page 13109]]

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 European Aviation Safety Agency (EASA) 
Airworthiness Directive 2006-0215, dated July 14, 2006, and BAe 
Systems (Operations) Limited Inspection Service Bulletin ISB.53-173, 
Revision 2, dated March 28, 2006, for related information.

Material Incorporated by Reference

    (i) You must use BAe Systems (Operations) Limited Inspection 
Service Bulletin ISB.53-173, Revision 2, dated March 28, 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 28, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-4673 Filed 3-11-08; 8:45 am]
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