[Federal Register Volume 74, Number 111 (Thursday, June 11, 2009)]
[Proposed Rules]
[Pages 27725-27727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13727]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0532; Directorate Identifier 2008-NM-024-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:

    The airbrake upper crossbeam on an airplane failed in-flight. 
The crossbeam failure caused damage to the rudder control system, 
resulting in loss of rudder control. Loss of rudder control will 
cause handling difficulties particularly during take-off, approach, 
and landing phases in cross winds.
* * * * *

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 July 13, 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-2009-0532; 
Directorate Identifier 2008-NM-024-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 2007-0307, dated December 17, 2007 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    The airbrake upper crossbeam on an airplane failed in-flight. 
The crossbeam failure caused damage to the rudder control system, 
resulting in loss of rudder control. Loss of rudder control will 
cause handling difficulties particularly during take-off, approach, 
and landing phases in cross winds.
    BAE Systems (Operations) Ltd has published Inspection Service 
Bulletin (ISB) 53-200 that revises and supersedes the inspection 
requirements, which are defined in the Maintenance Review Board 
Report (MRBR) SSI Task 53-40-125, Supplemental Structural 
Inspections Document (SSID) Tasks 53-40-125.1 and 53-40-125.2 
(included in the Airworthiness Limitations Section of Aircraft 
Maintenance Manual Chapter 5 that is currently mandated as part of 
EASA AD 2007-0271 [which corresponds to an FAA NPRM, Directorate 
Identifier 2007-NM-363-AD]) and in Maintenance Planning Document 
(MPD) Task Reference 534025-DVI-10000-1. These revised inspection 
requirements and reduced inspection periods are to ensure that any 
fatigue damage is detected before it causes upper airbrake crossbeam 
failure. MRBR, SSID and MPD will be amended in due course to reflect 
these revised inspection periods.

[[Page 27726]]

    For the reasons stated above, this Airworthiness Directive (AD) 
requires a [high frequency eddy current and low frequency phase 
analysis eddy current] inspection [for cracking, discrete surface 
damage, and discontinuity (corrosion and mechanical damage)] and, as 
necessary, repair of the airbrake upper crossbeam.

The required actions include replacing the three rivets with Hi-lok 
pins. For cracking, damage, or discontinuity that is outside certain 
limits defined in the service bulletin, the repair includes contacting 
BAE Systems (Operations) Limited for repair instructions and doing the 
repair. 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.53-200, Revision 1, dated March 13, 2007. 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 1 product of U.S. registry. We also estimate that it 
would take about 6 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 $480 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 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-2009-0532; Directorate Identifier 
2008-NM-024-AD.

Comments Due Date

    (a) We must receive comments by July 13, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all BAE Systems (Operations) Limited 
Model BAe 146 and Avro 146-RJ 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:
    The airbrake upper crossbeam on an airplane failed in-flight. 
The crossbeam failure caused damage to the rudder control system, 
resulting in loss of rudder control. Loss of rudder control will 
cause handling difficulties particularly during take-off, approach, 
and landing phases in cross winds.
    BAE Systems (Operations) Ltd has published Inspection Service 
Bulletin (ISB) 53-200 that revises and supersedes the inspection 
requirements, which are defined in the Maintenance Review Board 
Report (MRBR) SSI Task 53-40-125, Supplemental Structural 
Inspections Document (SSID) Tasks 53-40-125.1 and 53-40-125.2 
(included in the Airworthiness Limitations Section of Aircraft 
Maintenance Manual Chapter 5 that is currently mandated as part of 
EASA AD 2007-0271 [which corresponds to an FAA NPRM, Directorate 
Identifier 2007-NM-363-AD]) and in Maintenance Planning Document 
(MPD) Task Reference 534025-DVI-10000-1. These revised inspection 
requirements and reduced inspection periods are to ensure that any 
fatigue damage is detected before it causes upper airbrake crossbeam 
failure. MRBR, SSID and MPD will be amended in due course to reflect 
these revised inspection periods.
    For the reasons stated above, this Airworthiness Directive (AD) 
requires [a high frequency eddy current and a low frequency phase 
analysis eddy current] inspection [for cracking, discrete surface 
damage, and

[[Page 27727]]

discontinuity (corrosion and mechanical damage)] and, as necessary, 
repair of the airbrake upper crossbeam.
    The required actions include replacing the three rivets with Hi-
lok pins. For cracking, damage, or discontinuity that is outside 
certain limits defined in the service bulletin, the repair includes 
contacting BAE Systems (Operations) Limited for repair instructions 
and doing the repair.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) At the applicable time specified in paragraphs (f)(1)(i) and 
(f)(1)(ii) of this AD, inspect for cracking, damage, and 
discontinuity of the airbrake upper crossbeam fastener positions and 
lightening holes; and replace the three rivets with Hi-lok pins; in 
accordance with paragraphs 2.B., 2.C., and 2.D. of the 
Accomplishment Instructions of BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.53-200, Revision 1, dated March 13, 
2007. If any crack, damage, or discontinuity is found: Before 
further flight, repair as required by paragraph (f)(3) of this AD.
    (i) For airplanes that have not been inspected in accordance 
with BAE Systems (Operations) Limited MRBR SSI Task No. 53-40-125 
(MPD Reference 534025-DVI-10000-1) as of the effective date of this 
AD, do the inspection prior to accumulating 20,000 total flight 
cycles or 500 flight cycles after the effective date of this AD, 
whichever occurs later.
    (ii) For airplanes subject to MRBR and SSID requirements that 
have been inspected in accordance with BAE Systems (Operations) 
Limited MRBR SSI Task No. 53-40-125 (MPD Reference 534025-DVI-10000-
1) as of the effective date of this AD, do the inspection at the 
latest of the times in paragraphs (f)(1)(ii)(A), (f)(1)(ii)(B), or 
(f)(1)(ii)(C) of this AD.
    (A) Before the accumulation of 4,000 flight cycles since last 
inspection.
    (B) Within 2,500 flight cycles (for MRBR airplanes), or within 
1,000 flight cycles (for SSID airplanes) after the effective date of 
this AD; but not exceeding 8,000 flight cycles since the last 
inspection.
    (C) Within 500 flight cycles after the effective date of this 
AD.
    (2) Repeat the inspection required by paragraph (f)(1) of this 
AD thereafter at the applicable time specified in paragraph 
(f)(2)(i), (f)(2)(ii), or (f)(2)(iii) of this AD. If any crack, 
damage, or discontinuity is found: Before further flight, repair as 
required by paragraph (f)(3) of this AD.
    (i) Inspect fastener positions at the rivet locations at 
intervals not to exceed 4,000 flight cycles.
    (ii) Inspect the holes at Hi-lok pin locations at intervals not 
to exceed 12,000 flight cycles.
    (iii) Inspect the lightening holes at intervals not to exceed 
12,000 flight cycles.
    (3) If any crack, damage, or discontinuity is found during any 
inspection required by this AD: Before further flight, do the repair 
in accordance with paragraph 2.E. of the Accomplishment Instructions 
of BAE Systems (Operations) Limited Inspection Service Bulletin 
ISB.53-200, Revision 1, dated March 13, 2007.
    (4) Actions accomplished before the effective date of this AD in 
accordance with BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.53-200, dated December 21, 2006, are considered 
acceptable for compliance with the corresponding action specified in 
this AD.

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. 
The AMOC approval letter must specifically reference this AD.
    (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 Airworthiness 
Directive 2007-0307, dated December 17, 2007; and BAE Systems 
(Operations) Limited Inspection Service Bulletin ISB.53-200, 
Revision 1, dated March 13, 2007; for related information.

    Issued in Renton, Washington, on June 4, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-13727 Filed 6-10-09; 8:45 am]
BILLING CODE 4910-13-P