[Federal Register Volume 74, Number 37 (Thursday, February 26, 2009)]
[Rules and Regulations]
[Pages 8724-8726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3366]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1141; Directorate Identifier 2008-NM-025-AD; 
Amendment 39-15799; AD 2009-02-09]
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:

    During removal of forward and aft wing links, corrosion has been 
found on the wing links and the wing link attachment bolts in areas 
that are not readily accessible during the currently required 
Maintenance Review Board Report (MRBR) zonal inspections or 
Corrosion Prevention and Control Programme (CPCP) inspections. If 
left uncorrected, such corrosion could adversely affect the 
structural integrity of the wing to fuselage joint.

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

DATES: This AD becomes effective April 2, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 2, 
2009.

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, Transport Airplane Directorate, FAA, 
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 31, 2008 (73 
FR 64897). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    During removal of forward and aft wing links, corrosion has been 
found on the wing links and the wing link attachment bolts in areas 
that are not readily accessible during the currently required 
Maintenance Review Board Report (MRBR) zonal inspections or 
Corrosion Prevention and Control Programme (CPCP) inspections. If 
left uncorrected, such corrosion could adversely affect the 
structural integrity of the wing to fuselage joint.
    For this reason, this Airworthiness Directive (AD) requires 
repetitive detailed visual inspections at the forward and aft wing 
links and wing link attachment bolts for

[[Page 8725]]

signs of corrosion, replacement of corroded nuts and bolts and 
repair of any defects.

    The MRBR and CPCP will be amended to include the repeat 
inspections. 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 20 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 $1,600.

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:

2009-02-09 BAE Systems (Operations) Limited (Formerly British 
Aerospace Regional Aircraft): Amendment 39-15799. Docket No. FAA-
2008-1141; Directorate Identifier 2008-NM-025-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective April 2, 
2009.

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 53: 
Fuselage.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    During removal of forward and aft wing links, corrosion has been 
found on the wing links and the wing link attachment bolts in areas 
that are not readily accessible during the currently required 
Maintenance Review Board Report (MRBR) zonal inspections or 
Corrosion Prevention and Control Programme (CPCP) inspections. If 
left uncorrected, such corrosion could adversely affect the 
structural integrity of the wing to fuselage joint.
    For this reason, this Airworthiness Directive (AD) requires 
repetitive detailed visual inspections at the forward and aft wing 
links and wing link attachment bolts for signs of corrosion, 
replacement of corroded nuts and bolts and repair of any defects.
    The MRBR and CPCP will be amended to include the repeat 
inspections.

Actions and Compliance

    (f) Unless already done, do the following actions: Before 
accumulating 48 months on the wing link since new, or within 48 
months of a wing link being repaired in accordance with a BAE 
Systems (Operations) Limited or European Aviation Safety Agency 
(EASA) approved repair scheme, or within 24 months after the 
effective date of this AD, whichever occurs latest, and thereafter 
at intervals not to exceed 48 months, inspect the wing links in 
accordance with paragraph 2.C. of BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.53-203, dated May 7, 2007 (``the 
service bulletin'').
    (1) If any corrosion is found on bolts or nuts, replace the 
affected bolts and nuts with airworthy parts before next flight in 
accordance with the service bulletin.
    (2) If any corrosion to the wing links is found during an 
inspection, repair before further flight in accordance with a method 
approved in accordance with EASA (or its delegated agent).

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows: No differences.


[[Page 8726]]



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, 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, 
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 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 2007-0303, dated 
December 14, 2007, and BAE Systems (Operations) Limited Inspection 
Service Bulletin ISB.53-203, dated May 7, 2007, for related 
information.

Material Incorporated by Reference

    (i) You must use BAE Systems (Operations) Limited Inspection 
Service Bulletin ISB.53-203, dated May 7, 2007, 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 BAE 
Systems Regional Aircraft, 13850 McLearen Road, Herndon, Virginia 
20171; telephone 703-736-1080; e-mail [email protected]; 
Internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm.
    (3) You may review copies of the service information that is 
incorporated by reference 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.
    (4) You may also review copies of the service information 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/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on January 15, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-3366 Filed 2-25-09; 8:45 am]
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