[Federal Register Volume 74, Number 144 (Wednesday, July 29, 2009)]
[Rules and Regulations]
[Pages 37528-37530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17542]



[[Page 37528]]

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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; 
Amendment 39-15982; AD 2009-15-19]
RIN 2120-AA64


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

    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.

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

DATES: This AD becomes effective September 2, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of September 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 May 7, 2009 (74 FR 
21281). That NPRM proposed 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.

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 5 products of U.S. registry. 
We also estimate that it will take about 9 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 $3,600, or $720 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 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.

[[Page 37529]]

    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:

2008-15-19 BAE Systems (Operations) Limited (Formerly British 
Aerospace Regional Aircraft): Amendment 39-15982. Docket No. FAA-
2009-0432; Directorate Identifier 2008-NM-168-AD.

Effective Date

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

[[Page 37530]]

Related Information

    (h) Refer to MCAI European Aviation Safety Agency (EASA) 
Airworthiness Directive 2008-0167, dated September 2, 2008; BAE 
Systems (Operations) Limited Inspection 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.

Material Incorporated by Reference

    (i) You must use BAE Systems (Operations) Limited Inspection 
Service Bulletin ISB.55-020, dated December 11, 2007, to do the 
actions required by this AD, unless the AD specifies otherwise. If 
you do the repair option provided in paragraph (f)(4) of this AD, 
you must use BAE Systems (Operations) Limited Repair Instruction 
Leaflet HC551H9061, Issue 3, dated January 31, 2008, unless the AD 
specifies otherwise. (The issue date, January 31, 2008, of BAE 
Systems (Operations) Limited Repair Instruction Leaflet HC551H9061, 
Issue 3, is specified only on the first page of the document.)
    (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 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 that 
is incorporated by reference 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 July 13, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-17542 Filed 7-28-09; 8:45 am]
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