[Federal Register Volume 74, Number 200 (Monday, October 19, 2009)]
[Proposed Rules]
[Pages 53433-53436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24985]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0912; Directorate Identifier 2009-NM-047-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

[[Page 53434]]

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: Reports have been received of finding corrosion at the 
Frame 29 wing-to-fuselage attachment lug plate joint. This condition, 
if not detected and corrected, could result in a degradation of the 
structural integrity of Frame 29 and the wing-to-fuselage attachment.
    The unsafe condition is degradation of the structural integrity of 
Frame 29 and the wing-to-fuselage attachment, which could result in 
loss of control of the airplane. 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 December 3, 
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, 
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-2009-0912; 
Directorate Identifier 2009-NM-047-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 have lengthened the 30-day comment period for proposed ADs that 
address MCAI originated by aviation authorities of other countries to 
provide adequate time for interested parties to submit comments. The 
comment period for these proposed ADs is now typically 45 days, which 
is consistent with the comment period for domestic transport ADs.
    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 2009-0046, dated March 2, 2009 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    Reports have been received of finding corrosion at the Frame 29 
wing-to-fuselage attachment lug plate joint. This condition, if not 
detected and corrected, could result in a degradation of the 
structural integrity of Frame 29 and the wing-to-fuselage 
attachment.
    The current method of inspecting the Frame 29 wing-to-fuselage 
attachment lug plate joint for corrosion is not considered adequate 
for finding corrosion in this particular area.
    To address this concern, BAE Systems (Operations) Limited has 
published Inspection Service Bulletin ISB.53-213, which replaces 
current Maintenance Review Board Report Structurally Significant 
Items Task 53-20-103 (equal to Maintenance Planning Document Tasks 
532003-DVI-10000-1, 532003-DVI-10000-2 and 532003-DVI-10000-3) and 
Corrosion Prevention and Control Programme Task C53-230-02-01.
    For the reason described above, this AD requires [detailed] 
repetitive inspections of the Frame 29 wing-to-fuselage attachment 
lug plate joint [for discrepancies, which are corrosion and fatigue 
cracking of the bolts and fastener bores; degraded, cracked, 
missing, and poor condition sealant] and repair(s) [which include 
replacing bolts, contacting BAE Systems for repair instructions and 
doing the repair, and re-applying sealant], as necessary.

The unsafe condition is degradation of the structural integrity of 
Frame 29 and the wing-to-fuselage attachment, which could result in 
loss of control of the airplane. 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.53-213, dated May 21, 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.

[[Page 53435]]

    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 12 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 $960.

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-2009-0912; Directorate Identifier 
2009-NM-047-AD.

Comments Due Date

    (a) We must receive comments by December 3, 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 BAE Systems 
(Operations) Limited Model Avro 146-RJ70A, 146-RJ85A, and 146-RJ100A 
airplanes, certificated in any category, all serial numbers.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    Reports have been received of finding corrosion at the Frame 29 
wing-to-fuselage attachment lug plate joint. This condition, if not 
detected and corrected, could result in a degradation of the 
structural integrity of Frame 29 and the wing-to-fuselage 
attachment.
    The current method of inspecting the Frame 29 wing-to-fuselage 
attachment lug plate joint for corrosion is not considered adequate 
for finding corrosion in this particular area.
    To address this concern, BAE Systems (Operations) Limited has 
published Inspection Service Bulletin ISB.53-213, which replaces 
current Maintenance Review Board Report Structurally Significant 
Items Task 53-20-103 (equal to Maintenance Planning Document Tasks 
532003-DVI-10000-1, 532003-DVI-10000-2 and 532003-DVI-10000-3) and 
Corrosion Prevention and Control Programme Task C53-230-02-01.
    For the reason described above, this AD requires repetitive 
[detailed] inspections of the Frame 29 wing-to-fuselage attachment 
lug plate joint [for discrepancies, which are corrosion and fatigue 
cracking of the bolts and fastener bores; degraded, cracked, 
missing, and poor condition sealant] and repair(s) [which include 
replacing bolts, contacting BAE Systems for repair instructions and 
doing the repair and re-applying sealant], as necessary.
The unsafe condition is degradation of the structural integrity of 
Frame 29 and the wing-to-fuselage attachment, which could result in 
loss of control of the airplane.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 24 months after the effective date of this AD, do a 
detailed inspection for discrepancies of the frame 29 wing-to-
fuselage attachment lug plate joint, in accordance with the 
Accomplishment Instructions of BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.53-213, dated May 21, 2008.

    Note 1: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''

    (2) Repeat the inspection required by paragraph (f)(1) of this 
AD thereafter at intervals not to exceed 48 months.
    (3) During any inspection required by paragraph (f)(1) or (f)(2) 
of this AD, if it is not possible to replace a removed bolt with 
another bolt having the same part number as a replacement item, 
before further flight, contact BAE Systems to replace the removed 
bolt with an alternative bolt and do the approved BAE Systems 
repair.
    (4) If during any inspection required by paragraph (f)(1) or 
(f)(2) of this AD, any discrepancy is found, before further flight, 
repair in accordance with paragraph 2.C. of the Accomplishment 
Instructions of BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.53-213, dated May 21, 2008.
    (5) Although BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.53-213, dated May 21, 2008, specifies to submit certain 
information to the manufacturer, this AD does not include that 
requirement.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows. Although BAE Systems (Operations) Limited Inspection 
Service Bulletin ISB.53-213, dated May 21, 2008, and European 
Aviation Safety Agency AD 2009-0046, dated March 2, 2009, specify to 
submit certain information to the manufacturer, this AD does not 
include that requirement.


[[Page 53436]]



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.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2009-0046, dated March 2, 2009; and BAE Systems 
(Operations) Limited Inspection Service Bulletin ISB.53-213, dated 
May 21, 2008; for related information.


    Issued in Renton, Washington, on October 5, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-24985 Filed 10-16-09; 8:45 am]
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