[Federal Register Volume 74, Number 82 (Thursday, April 30, 2009)]
[Proposed Rules]
[Pages 19905-19908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9865]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0398; Directorate Identifier 2008-NM-193-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed 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:

    There have been a number of incidents where wing-to-fuselage or 
MLG [main landing gear] door fairing panels have detached from the 
aircraft during flight. Subsequent inspection revealed the loss of 
the fairing panels to be due to failure of certain steel grommets * 
* *. A detaching panel could strike the aircraft during flight, 
causing damage. In addition, a detaching panel could become attached 
to the structure or control surfaces, resulting in reduced control 
of the aircraft.

    The proposed AD would require actions that are intended to address 
the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by June 1, 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 W12-40, 1200 New 
Jersey Avenue, SE.,

[[Page 19906]]

Washington, DC, 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 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 Operations office 
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 Operations 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-2009-0398; 
Directorate Identifier 2008-NM-193-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 based on 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

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2008-0180, dated September 30, 2008 (referred 
to after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    There have been a number of incidents where wing-to-fuselage or 
MLG [main landing gear] door fairing panels have detached from the 
aircraft during flight. Subsequent inspection revealed the loss of 
the fairing panels to be due to failure of certain steel grommets, 
(P/N) [part number] SL5183 and HC535H0312, through which the 
attachment bolts are inserted. These failures may have been caused 
by improper installation of the grommets or damage resulting from 
maintenance procedures relating to paint stripping and repainting, 
allowing air loads to pull the panel through the grommet. A 
detaching panel could strike the aircraft during flight, causing 
damage. In addition, a detaching panel could become attached to the 
structure or control surfaces, resulting in reduced control of the 
aircraft.
    Following the application of BAE Systems (Operations) Ltd ISB 
53-202 at Revision 1 to the first few, it has been discovered that 
removal of existing grommets P/N SL5183 and HC535H0312 may result in 
localised damage to the aluminum foil membrane attached to the inner 
surface of some fairing panels. BAE Systems (Operations) Ltd has 
therefore issued additional instructions in All Operators Message 
(AOM) 08-015V, including bonding checks and detailed procedures for 
applying an electro-conductive paste at each SL5185 grommet location 
in order to bridge any gap between grommet and the inner aluminum 
foil. The next revision of BAE Systems (Operations) Ltd ISB 53-202 
will include the technical content of AOM 08-015V.
    For the reasons described above, this EASA AD requires 
repetitive inspections of the wing-to-fuselage & MLG door fairing 
panel grommets and, when damage is detected, the accomplishment of 
corrective actions.

    Corrective actions include replacing damaged grommets with new P/N 
SL5185 grommets; or doing a temporary repair, which delays the 
replacement. You may obtain further information by examining the MCAI 
in the AD docket.

Relevant Service Information

    BAE Systems (Operations) Limited has issued Inspection Service 
Bulletin ISB.53-202, Revision 3, dated December 10, 2008. The actions 
described in the service information are intended to correct the unsafe 
condition identified in the MCAI.

FAA's Determination and Requirements of This 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.

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

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 1 product of U.S. registry. We also estimate that it 
would take about 14 work hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on U.S. operators to be $1,120.

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.

[[Page 19907]]

Regulatory Findings

    We 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 this 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.

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

BAE Systems (Operations) Limited (Formerly British Aerospace 
Regional Aircraft): Docket No. FAA-2009-0398; Directorate Identifier 
2008-NM-193-AD.

Comments Due Date

    (a) We must receive comments by June 1, 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, that have embodied 
modification HCM00633E or HCM00934A.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    There have been a number of incidents where wing-to-fuselage or 
MLG [main landing gear] door fairing panels have detached from the 
aircraft during flight. Subsequent inspection revealed the loss of 
the fairing panels to be due to failure of certain steel grommets, 
(P/N) [part number] SL5183 and HC535H0312, through which the 
attachment bolts are inserted. These failures may have been caused 
by improper installation of the grommets or damage resulting from 
maintenance procedures relating to paint stripping and repainting, 
allowing air loads to pull the panel through the grommet. A 
detaching panel could strike the aircraft during flight, causing 
damage. In addition, a detaching panel could become attached to the 
structure or control surfaces, resulting in reduced control of the 
aircraft.
    Following the application of BAE Systems (Operations) Ltd ISB 
53-202 at Revision 1 to the first few, it has been discovered that 
removal of existing grommets P/N SL5183 and HC535H0312 may result in 
localised damage to the aluminum foil membrane attached to the inner 
surface of some fairing panels. BAE Systems (Operations) Ltd has 
therefore issued additional instructions in All Operators Message 
(AOM) 08-015V, including bonding checks and detailed procedures for 
applying an electro-conductive paste at each SL5185 grommet location 
in order to bridge any gap between grommet and the inner aluminum 
foil. The next revision of BAE Systems (Operations) Ltd ISB 53-202 
will include the technical content of AOM 08-015V.
    For the reasons described above, this EASA AD requires 
repetitive inspections of the wing-to-fuselage & MLG door fairing 
panel grommets and, when damage is detected, the accomplishment of 
corrective actions.
    Corrective actions include replacing damaged grommets with new 
P/N SL5185 grommets; or doing a temporary repair, which delays the 
replacement.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 4,000 flight cycles or 24 months after the effective 
date of this AD, whichever occurs later, and thereafter at intervals 
not to exceed 8,000 flight cycles, conduct a visual inspection of 
the steel grommets on the fairing panels in accordance with 
paragraph 2.C. of BAE Systems (Operations) Limited Inspection 
Service Bulletin ISB.53-202, Revision 3, dated December 10, 2008.
    (2) If damage is found during any inspection required by 
paragraph (f)(1) of this AD, before further flight, do the actions 
specified in paragraph (f)(2)(i) or (f)(2)(ii) of this AD.
    (i) Replace the grommets with new P/N SL5185 grommets in 
accordance with paragraph 2.C. of BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.53-202, Revision 3, dated December 
10, 2008, and concurrently conduct a bonding inspection at each 
grommet location in accordance with paragraph 2.C. of BAE Systems 
(Operations) Limited Inspection Service Bulletin ISB.53-202, 
Revision 3, dated December 10, 2008. If unsatisfactory bonding is 
detected, before further flight, apply electro-conductive paste in 
accordance with Appendix 4 of BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.53-202, Revision 3, dated December 
10, 2008.
    (ii) Do a temporary repair in accordance with Appendix 3 of the 
BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53-
202, Revision 3, dated December 10, 2008, or an approved BAE Systems 
(Operations) Limited temporary repair scheme.
    (3) For airplanes on which a temporary repair specified in 
paragraph (f)(2)(ii) of this AD has been done: Within 8,000 flight 
cycles after doing the temporary repair, replace any temporary 
repair grommets with new P/N SL5185 grommets in accordance with 
paragraph 2.C. of BAE Systems (Operations) Limited Inspection 
Service Bulletin ISB.53-202, Revision 3, dated December 10, 2008, 
and concurrently conduct a bonding inspection at each grommet 
location in accordance with paragraph 2.C. of BAE Systems 
(Operations) Limited Inspection Service Bulletin ISB.53-202, 
Revision 3, dated December 10, 2008. If unsatisfactory bonding is 
detected, before further flight, apply electro-conductive paste in 
accordance with Appendix 4 of BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.53-202, Revision 3, dated December 
10, 2008.
    (4) For airplanes on which any new P/N SL5185 grommets have been 
installed without having a bonding inspection prior to the effective 
date of this AD: Before or during the next scheduled repetitive 
inspection in accordance with paragraph (f)(1) of this AD, conduct a 
bonding inspection in accordance with paragraph 2.C of BAE Systems 
(Operations) Limited Inspection Service Bulletin ISB.53-202, 
Revision 3, dated December 10, 2008. If unsatisfactory bonding is 
detected, before further flight, apply electro-conductive paste in 
accordance with Appendix 4 of BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.53-202, Revision 3, dated December 
10, 2008.
    (5) Replacement of all existing grommets with new P/N SL5185 
grommets on all panels, including the corresponding bonding 
inspections and the application of the electro-conductive paste as 
applicable, in accordance with BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.53-202, Revision 3, dated December 
10, 2008, terminates the repetitive inspections required by 
paragraph (f)(1) of this AD.
    (6) Visual inspections, temporary repairs, and replacements of 
the grommets are also acceptable for compliance with the 
corresponding requirements of paragraphs (f)(1), (f)(2)(i), 
(f)(2)(ii), (f)(3), and (f)(5) of this AD if done before the 
effective date of this AD in accordance with BAE Systems 
(Operations) Limited Inspection Service Bulletin ISB.53-202, 
Revision 1, dated June 4, 2008.

[[Page 19908]]

    (7) Visual inspections, temporary repairs, replacements of the 
grommets, bonding inspections, and applications of conductive paste 
are also acceptable for compliance with the corresponding 
requirements of paragraphs (f)(1), (f)(2)(i), (f)(3), (f)(4), and 
(f)(5) of this AD if done before the effective date of this AD in 
accordance with BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.53-202, Revision 2, dated October 24, 2008.
    (8) Bonding inspections and applications of conductive paste are 
also acceptable for compliance with the corresponding requirement of 
paragraphs (f)(2)(i), (f)(3), (f)(4), and (f)(5) of this AD if done 
before the effective date of this AD in accordance with BAE Systems 
(Operations) Limited All Operator Message 08-015V, Issue 1, dated 
August 22, 2008.

FAA AD Differences

    Note 1:  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, 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 principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office.
    (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 ensure 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 2008-0180, dated September 30, 2008; and BAE Systems 
(Operations) Limited Inspection Service Bulletin ISB.53-202, 
Revision 3, dated December 10, 2008; for related information.

    Issued in Renton, Washington, on April 22, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-9865 Filed 4-29-09; 8:45 am]
BILLING CODE 4910-13-P