[Federal Register Volume 74, Number 87 (Thursday, May 7, 2009)]
[Proposed Rules]
[Pages 21281-21284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10615]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0432; Directorate Identifier 2008-NM-168-AD]
RIN 2120-AA64


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

    BAE Systems (Operations) Ltd has determined that in order to 
assure the continued structural integrity of the horizontal 
stabilizer lower skin and joint plates in the rib 1 area of certain 
BAe 146 aircraft, a revised inspection programme for this area is 
considered necessary. The disbonding of joints can lead to corrosion 
which, if undetected, could result in degradation of the structural 
integrity of the horizontal stabilizer.
* * * * *

[[Page 21282]]

    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 8, 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., 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-2009-0432; 
Directorate Identifier 2008-NM-168-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 2008-0167, dated September 2, 2008 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    BAE Systems (Operations) Ltd has determined that in order to 
assure the continued structural integrity of the horizontal 
stabilizer lower skin and joint plates in the rib 1 area of certain 
BAe 146 aircraft, a revised inspection programme for this area is 
considered necessary. The disbonding of joints can lead to 
corrosion, which, if undetected, could result in degradation of the 
structural integrity of the horizontal stabilizer.
    For the reasons described above, this EASA AD requires the 
implementation of repetitive inspections and corrective actions, 
depending on findings. It also provides an approved repair as 
optional terminating action for the repetitive inspections.

    The repetitive inspections for damage of the left and right side of 
the horizontal stabilizer lower skin and joint plates include a 
detailed visual inspection for damage (including distortion, loose or 
distorted fasteners, and corrosion) of the horizontal stabilizer lower 
skin, a borescopic inspection for damage (including staining, debris 
around the stringer and joint plate edges, cracked or broken stringers, 
and distortion or corrosion in rivet holes) of the internal structure 
of the horizontal stabilizer, and a low frequency eddy current 
inspection for damage (including corrosion) of the horizontal 
stabilizer lower skin. For airplanes on which no damage is found, the 
required actions include drilling and reaming four holes and doing a 
detailed visual inspection of the holes for distortion and corrosion. 
Corrective actions include installing rivets, and contacting BAE 
Systems (Operations) Limited for repair instructions and doing the 
repair. Doing a repair of the horizontal stabilizer (which consists of 
partially replacing the lower skin from the center line to inboard of 
rib 3) ends the repetitive inspections.
    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.55-020, dated December 11, 2007; and Repair Instruction 
Leaflet HC551H9061, Issue 3, dated January 31, 2008. The actions 
described in this 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 5 products of U.S. registry. We also estimate that 
it would take about 9 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 $3,600, or $720 per product.

[[Page 21283]]

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 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-2009-0432; Directorate Identifier 
2008-NM-168-AD.

Comments Due Date

    (a) We must receive comments by June 8, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to BAE Systems (Operations) Limited Model 
BAe 146-100A and 146-200A series airplanes, certificated in any 
category, as identified in BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.55-020, dated December 11, 2007.

Subject

    (d) Air Transport Association (ATA) of America Code 55: 
Stabilizers.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    BAE Systems (Operations) Ltd has determined that in order to 
assure the continued structural integrity of the horizontal 
stabilizer lower skin and joint plates in the rib 1 area of certain 
BAe 146 aircraft, a revised inspection programme for this area is 
considered necessary. The disbonding of joints can lead to 
corrosion, which, if undetected, could result in degradation of the 
structural integrity of the horizontal stabilizer.
    For the reasons described above, this EASA AD requires the 
implementation of repetitive inspections and corrective actions, 
depending on findings. It also provides an approved repair as 
optional terminating action for the repetitive inspections.
    The repetitive inspections for damage of the left and right side 
of the horizontal stabilizer lower skin and joint plates include a 
detailed visual inspection for damage (including distortion, loose 
or distorted fasteners, and corrosion) of the horizontal stabilizer 
lower skin, a borescopic inspection for damage (including staining, 
debris around the stringer and joint plate edges, cracked or broken 
stringers, and distortion or corrosion in rivet holes) of the 
internal structure of the horizontal stabilizer, and a low frequency 
eddy current inspection for damage (including corrosion) of the 
horizontal stabilizer lower skin. For airplanes on which no damage 
is found, the required actions include drilling and reaming four 
holes and doing a detailed visual inspection of the holes for 
distortion and corrosion. Corrective actions include installing 
rivets, and contacting BAE Systems (Operations) Limited for repair 
instructions and doing the repair. Doing a repair of the horizontal 
stabilizer (which consists of partially replacing the lower skin 
from the center line to inboard of rib 3) ends the repetitive 
inspections.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 6 months after the effective date of this AD, inspect 
for damage of the horizontal stabilizer lower skin and joint plates, 
in accordance with paragraphs 2.C.(1) through 2.C.(3) of BAE Systems 
(Operations) Limited Inspection Service Bulletin ISB.55-020, dated 
December 11, 2007 (the ``service bulletin''); and, if no damage is 
found, drill and ream four holes in accordance with paragraph 
2.C.(4)(a) of the service bulletin, and do a detailed visual 
inspection of the holes for distortion and corrosion, in accordance 
with paragraph 2.C.(4)(b) of the service bulletin.
    (i) If any distortion or corrosion is found in any rivet hole, 
before further flight, contact BAE Systems (Operations) Limited for 
approved repair instructions and do the repair prior to the fitment 
of the rivets.
    (ii) If no distortion and no corrosion is found, before further 
flight, install the four rivets in accordance with paragraph 
2.C.(4)(c) of the service bulletin.
    (2) Repeat the inspection for damage of the horizontal 
stabilizer lower skin and joint plates required by paragraph (f)(1) 
of this AD thereafter at intervals not to exceed 24 months.
    (3) If damage is found during any inspection required by 
paragraph (f)(1) or (f)(2) of this AD, before further flight, 
contact BAE Systems (Operations) Limited in accordance with 
paragraph 2.C.(5) of BAE Systems (Operations) Limited Inspection 
Service Bulletin ISB.55-020, dated December 11, 2007 (``the service 
bulletin''), and accomplish an approved repair in accordance with 
paragraph 2.C.(6) of the service bulletin.
    (4) Doing the repair of the horizontal stabilizer in accordance 
with BAE Systems (Operations) Limited Repair Instruction Leaflet 
(RIL) HC551H9061, Issue 3, dated January 31, 2008, on the left and 
right sides of the horizontal stabilizer, terminates the repetitive 
inspections required by paragraph (f)(2) of this AD.
    (5) Actions accomplished before the effective date of this AD 
according to BAE Systems (Operations) Limited RIL HC551H9061, Issue 
2, dated November 16, 2007, are considered acceptable for compliance 
with the corresponding action specified in this AD.

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, 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)

[[Page 21284]]

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 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 2008-0167, dated September 2, 2008; BAE 
Systems (Operations) Limited Service Bulletin ISB.55-020, dated 
December 11, 2007; and BAE Systems (Operations) Limited Repair 
Instruction Leaflet HC551H9061, Issue 3, dated January 31, 2008; for 
related information.

    Issued in Renton, Washington, on May 1, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-10615 Filed 5-6-09; 8:45 am]
BILLING CODE 4910-13-P