[Federal Register Volume 74, Number 31 (Wednesday, February 18, 2009)]
[Proposed Rules]
[Pages 7565-7568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3400]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0133; Directorate Identifier 2008-NM-107-AD]
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: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to supersede an existing airworthiness 
directive (AD) that applies to all BAE Systems (Operations) Limited 
Model BAe 146 and Avro 146-RJ airplanes. The existing AD currently 
requires repetitive inspections for corrosion of frames 15, 18, 41, and 
43 and applicable related investigative and corrective actions. The 
existing AD also provides an optional action that would extend the 
repetitive inspection interval. This proposed AD would add a high 
frequency eddy current inspection for corrosion of the outer frame 
flanges and door hinge bosses of frames 15, 18, 41, and 43. This 
proposed AD results from a report indicating that corrosion has been 
detected in the outer frame flanges and door hinge bosses during 
scheduled maintenance. We are proposing this AD to prevent reduced 
structural integrity of the airplane.

DATES: We must receive comments on this proposed AD by March 20, 2009.

ADDRESSES: You may send comments by any of the following methods:
     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 W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact BAE 
Systems Regional Aircraft, 13850 McLearen Road, Herndon, Virginia 
20171; telephone 703-736-1080; e-mail [email protected]; 
Internet

[[Page 7566]]

http://www.baesystems.com/Businesses/RegionalAircraft/index.htm. You 
may review copies of the referenced service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. For information on the availability of this material at the 
FAA, call 425-227-1221 or 425-227-1152.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
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 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, Transport Airplane Directorate, FAA, 
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-2009-0133; 
Directorate Identifier 2008-NM-107-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 because of 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

    On May 31, 2006, we issued AD 2006-12-09, amendment 39-14634 (71 FR 
33602, June 12, 2006), for certain BAE Systems (Operations) Limited 
Model BAe 146 and Avro 146-RJ airplanes. That AD requires repetitive 
inspections for corrosion of frames 15, 18, 41, and 43 and applicable 
related investigative and corrective actions. That AD also provides an 
optional action that would extend the repetitive inspection interval. 
That AD resulted from a report indicating that in some cases the 
inspections required by an existing AD revealed no damage, yet frame 
corrosion and cracking were later found during scheduled maintenance in 
the two forward fuselage frames 15 and 18. We issued that AD to prevent 
reduced structural integrity of the airplane.

Actions Since Existing AD Was Issued

    Since we issued AD 2006-12-09, we have received a report indicating 
that corrosion has been detected in the outer frame flanges and door 
hinge bosses during scheduled maintenance.

Relevant Service Information

    BAE Systems (Operations) Limited has issued Inspection Service 
Bulletin ISB.53-182, Revision 1, dated August 6, 2007. We referred to 
BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53-
182, dated March 16, 2005, as the appropriate source of service 
information for accomplishing the required actions of AD 2006-12-09. 
The procedures in Revision 1 are essentially the same as the original 
issue of the service bulletin, except Revision 1 of the service 
bulletin adds procedures for doing a high frequency eddy current (HFEC) 
inspection for corrosion of the outer frame flanges and door hinge 
bosses of frames 15, 18, 41, and 43. Accomplishing the actions 
specified in the service information is intended to adequately address 
the unsafe condition. The European Aviation Safety Agency mandated the 
service information and issued airworthiness directive 2008-0092 R1, 
dated May 15, 2008 (referred to after this as ``the MCAI''), to ensure 
the continued airworthiness of these airplanes in the European Union. 
The compliance times for the new actions are the same as for the 
existing actions.

FAA's Determination and Requirements of the 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.
    This proposed AD would supersede AD 2006-12-09 and would retain the 
requirements of the existing AD. This proposed AD would also require 
accomplishing the additional inspection specified in the service 
bulletin described previously.

Change to Existing AD

    This proposed AD would retain all requirements of AD 2006-12-09. 
Since AD 2006-12-09 was issued, the AD format has been revised, and 
certain paragraphs have been rearranged. As a result, the corresponding 
paragraph identifiers have changed in this proposed AD, as listed in 
the following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
                                            Corresponding requirement in
       Requirement in AD  2006-12-09              this proposed AD
------------------------------------------------------------------------
Paragraph (f).............................  Paragraph (g).
Paragraph (g).............................  Paragraph (h).
Paragraph (h).............................  Paragraph (i).
Paragraph (i).............................  Paragraph (p).
Paragraph (j).............................  Paragraph (j).
------------------------------------------------------------------------

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this proposed AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                  Number of U.S.-
             Action                 Work hours     Average labor     Cost per       registered      Fleet cost
                                                   rate per hour     airplane        airplanes
----------------------------------------------------------------------------------------------------------------
HFEC inspection, per inspection                5             $80            $400               1            $400
 cycle (required by AD 2006-12-
 09)............................
Detailed Inspection, per                       3              80             240               1             240
 inspection cycle (required by
 AD 2006-12-09).................

[[Page 7567]]

 
HFEC inspection, per inspection                5              80             400               1             400
 cycle (new proposed action)....
----------------------------------------------------------------------------------------------------------------

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 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 that the 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. 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.

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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-14634 (71 FR 33602, June 12, 2006) and adding the 
following new airworthiness directive (AD):

BAE Systems (Operations) Limited (Formerly British Aerospace 
Regional Aircraft): Docket No. FAA-2009-0133; Directorate Identifier 
2008-NM-107-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by March 20, 
2009.

Affected ADs

    (b) This AD supersedes AD 2006-12-09.

Applicability

    (c) This AD applies to all 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.

Subject

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

Unsafe Condition

    (e) This AD results from a report indicating that corrosion has 
been detected in the outer frame flanges and door hinge bosses 
during scheduled maintenance. We are issuing this AD to prevent 
reduced structural integrity of the airplane.

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Restatement of Requirements of AD 2006-12-09

Repetitive Inspections

    (g) Use high-frequency eddy current (HFEC) and detailed methods 
to inspect for signs of corrosion (including cracks, blistering, or 
flaking paint) of frames 15, 18, 41, and 43, in accordance with the 
Accomplishment Instructions of BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.53-182, dated March 16, 2005, except 
as required by paragraph (k) of this AD. Inspect at the applicable 
time specified in 1.D. ``Compliance'' of BAE Systems (Operations) 
Limited Inspection Service Bulletin ISB.53-182, dated March 16, 
2005. Application of corrosion-preventive treatment, in accordance 
with BAE Systems (Operations) Limited Inspection Service Bulletin 
ISB.53-182, dated March 16, 2005; or Revision 1, dated August 6, 
2007; extends the repetitive inspection interval, as specified in 
Table 2 in 1.D. ``Compliance'' of BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.53-182, dated March 16, 2005.

    Note 1: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''

Corrective Action

    (h) If any discrepancy is found during any inspection required 
by paragraph (g) of this AD: Before further flight, perform 
applicable related investigative/corrective actions in accordance 
with the Accomplishment Instructions of BAE Systems (Operations) 
Limited Inspection Service Bulletin ISB.53-182, dated March 16, 
2005, except as required by paragraphs (i) and (k) of this AD.

Exceptions to Service Bulletin Specifications

    (i) If BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.53-182, dated March 16, 2005, specifies to contact the 
manufacturer for appropriate action, before further flight, repair 
per a method approved by the Manager, International Branch, ANM-116, 
Transport Airplane Directorate, FAA; or the Civil Aviation Authority 
(or its delegated agent); or European Aviation Safety Agency (EASA) 
(or its delegated agent).
    (j) Where BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.53-182, dated March 16, 2005, specifies a compliance 
time after the issuance of the service bulletin, this AD requires 
compliance within the specified compliance time after July 17, 2006 
(the effective date of AD 2006-12-09). Where BAE Systems 
(Operations) Limited Inspection Service Bulletin ISB.53-182, dated 
March 16, 2005, specifies a

[[Page 7568]]

compliance time ``since date of construction'' of the airplane, this 
AD requires compliance since the date of issuance of the original 
standard airworthiness certificate or the date of issuance of the 
original export certificate of airworthiness.

New Requirements of This AD

New Service Bulletin

    (k) As of the effective date of this AD: Do the actions required 
by paragraphs (g) and (h) of this AD in accordance with the 
Accomplishment Instructions of BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.53-182, Revision 1, dated August 6, 
2007, except as required by paragraph (n) of this AD.

Additional Inspection Areas

    (l) At the applicable compliance time specified in paragraph (g) 
of this AD, except as provided by paragraph (o) of this AD; or 
within six months after the effective date of this AD; whichever 
occurs later: Do an HFEC inspection for corrosion of the outer frame 
flanges and door hinge bosses of frames 15, 18, 41, and 43, in 
accordance with the Accomplishment Instructions of BAE Systems 
(Operations) Limited Inspection Service Bulletin ISB.53-182, 
Revision 1, dated August 6, 2007 (``the service bulletin''). Repeat 
the inspection thereafter at the applicable time specified in 
paragraph 1.D., ``Compliance,'' of the service bulletin. Application 
of corrosion-preventive treatment, in accordance with the 
Accomplishment Instructions of the service bulletin, extends the 
repetitive inspection interval, as specified in Table 2 in paragraph 
1.D., ``Compliance,'' of the service bulletin.

Corrective Action for Additional Inspection

    (m) If any discrepancy is found during any inspection required 
by paragraph (l) of this AD: Before further flight, perform 
applicable related investigative/corrective actions in accordance 
with the Accomplishment Instructions of BAE Systems (Operations) 
Limited Inspection Service Bulletin ISB.53-182, Revision 1, dated 
August 6, 2007, except as required by paragraph (n) of this AD.

Exception to BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.53-182, Revision 1

    (n) If BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.53-182, Revision 1, dated August 6, 2007, specifies to 
contact the manufacturer for appropriate action, before further 
flight, repair per a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or EASA (or 
its delegated agent).
    (o) Where BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.53-182, Revision 1, dated August 6, 2007, specifies a 
compliance time after the issuance of the service bulletin, this AD 
requires compliance within the specified compliance time after the 
effective date of this AD. Where BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.53-182, Revision 1, dated August 6, 
2007, specifies a compliance time ``since date of construction'' of 
the airplane, this AD requires compliance since the date of issuance 
of the original airworthiness certificate or the date of issuance of 
the original export certificate of airworthiness.

No Reporting

    (p) Although BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.53-182, dated March 16, 2005; and Revision 1, dated 
August 6, 2007; specify to submit information to the manufacturer, 
this AD does not include such a requirement.

Alternative Methods of Compliance (AMOCs)

    (q) 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, 
Transport Airplane Directorate, FAA, 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 principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office. 
The AMOC approval letter must specifically reference this AD.

Related Information

    (r) European Aviation Safety Agency airworthiness directive 
2008-0092 R1, dated May 15, 2008, also addresses the subject of this 
AD.

    Issued in Renton, Washington, on February 5, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-3400 Filed 2-17-09; 8:45 am]
BILLING CODE 4910-13-P