[Federal Register Volume 75, Number 7 (Tuesday, January 12, 2010)]
[Proposed Rules]
[Pages 1560-1563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-381]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1254; Directorate Identifier 2009-NM-040-AD]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited Model 
BAe 146 and Avro 146-RJ70A, 146-RJ85A, and 146-RJ100A 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: During the removal of the wing removable leading edge on 
a BAe 146 aircraft for a repair (not related to the subject addressed 
by this AD), corrosion was found on the wing fixed leading edge 
structure. The investigation determined that the existing scheduled 
environmental and fatigue inspections would not have detected the 
corrosion or fatigue damage. Corrosion or fatigue damage in this area, 
if not detected and corrected, could lead to degradation of the 
structural integrity of the wing.
    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 February 26, 
2010.

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,

[[Page 1561]]

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-2009-1254; 
Directorate Identifier 2009-NM-040-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 2009-0014, dated January 21, 2009 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    During the removal of the wing removable leading edge on a BAe 
146 aircraft for a repair (not related to the subject addressed by 
this AD), corrosion was found on the wing fixed leading edge 
structure. The investigation determined that the existing scheduled 
environmental and fatigue inspections would not have detected the 
corrosion or fatigue damage.
    Corrosion or fatigue damage in this area, if not detected and 
corrected, could lead to degradation of the structural integrity of 
the wing.
    For the reason described above, this AD requires repetitive 
inspections of the wing fixed leading edge and front spar structure 
for corrosion and/or fatigue damage [e.g., cracking] and repair, 
depending on findings.

There are two alternative inspection methods: Method 1 is a combination 
of a detailed visual inspection and a visual inspection; Method 2 is a 
detailed visual inspection. 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.57-072, Revision 1, dated September 25, 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 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,

[[Page 1562]]

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: Docket No. FAA-2009-1254; 
Directorate Identifier 2009-NM-040-AD.

Comments Due Date

    (a) We must receive comments by February 26, 2010.

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 serial numbers.

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    During the removal of the wing removable leading edge on a BAe 
146 aircraft for a repair (not related to the subject addressed by 
this AD), corrosion was found on the wing fixed leading edge 
structure. The investigation determined that the existing scheduled 
environmental and fatigue inspections would not have detected the 
corrosion or fatigue damage.
    Corrosion or fatigue damage in this area, if not detected and 
corrected, could lead to degradation of the structural integrity of 
the wing.
    For the reason described above, this AD requires repetitive 
inspections of the wing fixed leading edge and front spar structure 
for corrosion and/or fatigue damage [e.g., cracking] and repair, 
depending on findings.

There are two alternative inspection methods: Method 1 is a 
combination of a detailed visual inspection and a visual inspection; 
Method 2 is a detailed visual inspection.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) At the applicable time identified in paragraph (f)(1)(i), 
(f)(1)(ii), or (f)(1)(iii) of this AD: Perform a detailed visual 
inspection and visual inspection (Method 1) or a detailed visual 
inspection (Method 2) for cracking and corrosion of the wing fixed 
leading edge and front spar structure, in accordance with paragraph 
2.C. or 2.D., as applicable, of the Accomplishment Instructions of 
BAE SYSTEMS (Operations) Limited Inspection Service Bulletin ISB.57-
072, Revision 1, dated September 25, 2008.
    (i) For airplanes with less than 9 years since date of issuance 
of the original airworthiness certificate or the date of issuance of 
the original export certificate of airworthiness as of the effective 
date of this AD: Within 18 months after the effective date of this 
AD.
    (ii) For airplanes with 9 years or more, but less than 15 years, 
since date of issuance of the original airworthiness certificate or 
the date of issuance of the original export certificate of 
airworthiness as of the effective date of this AD: Within 18 months 
after the effective date of this AD or within 16 years since date of 
issuance of the original airworthiness certificate or the date of 
issuance of the original export certificate of airworthiness, 
whichever occurs first.
    (iii) For airplanes with 15 years or more since entry into 
service as of the effective date of this AD: Within 6 months after 
the effective date of this AD.

    Note 1: Where BAE SYSTEMS (Operations) Limited Inspection 
Service Bulletin ISB.57-072, Revision 1, dated September 25, 2008, 
refers to a ``visual inspection,'' this term describes an inspection 
using visual inspection equipment as defined in Appendix 3 of the 
service bulletin. In other BAE SYSTEMS instructions for continued 
airworthiness, including the MPD and the CPCP, such an inspection is 
referred to as a ``Special Detailed Inspection'' (SDI).


    Note 2: At the discretion of the aircraft owner/operator, 
corrosion protection may be embodied on those areas subject to a 
detailed visual inspection, in accordance with paragraph 2.E. or 
paragraph 2.F. of BAE SYSTEMS (Operations) Limited Inspection 
Service Bulletin ISB.57-072, Revision 1, dated September 25, 2008. 
Embodiment of enhanced corrosion protection in accordance with 
paragraph 2.E. BAE SYSTEMS (Operations) Limited Inspection Service 
Bulletin ISB.57-072, Revision 1, dated September 25, 2008, allows 
the interval of the repetitive inspection (as required by paragraph 
(f)(2) of this AD) to be extended in the area(s) of application in 
accordance with paragraph (f)(2)(i) or (f)(2)(ii) of this AD, as 
applicable.

    (2) After doing the initial inspection required by paragraph 
(f)(1) of this AD, at the applicable intervals specified in 
paragraph (f)(2)(i) or (f)(2)(ii) of this AD, accomplish the 
repetitive inspections of the wing fixed leading edge and front spar 
structure for cracking and corrosion in the ``area of inspection'' 
specified in Table 1 of paragraph 1.D., ``Compliance,'' of BAE 
SYSTEMS (Operations) Limited Inspection Service Bulletin ISB.57-072, 
Revision 1, dated September 25, 2008. Do the inspections in 
accordance with paragraph 2.C. (Method 1) or paragraph 2.D. (Method 
2) of BAE SYSTEMS (Operations) Limited Inspection Service Bulletin 
ISB.57-072, Revision 1, dated September 25, 2008. Where previously 
applied, enhanced corrosion protection may then be re-applied, as an 
option, in accordance with paragraph 2.E. of BAE SYSTEMS 
(Operations) Limited Inspection Service Bulletin ISB.57-072, 
Revision 1, dated September 25, 2008. Perform the repetitive 
inspections at the times specified in paragraph (f)(2)(i) or 
(f)(2)(ii) of this AD, as applicable.
    (i) For airplanes having enhanced corrosion protection that was 
applied during the previous inspection: Inspect at intervals not to 
exceed 144 months.
    (ii) For airplanes not having enhanced corrosion protection that 
was applied during the previous inspection: Inspect at intervals not 
to exceed 72 months.
    (3) After doing the initial inspection required by paragraph 
(f)(1) of this AD, at intervals not to exceed 36,000 flight cycles, 
accomplish fatigue inspections in accordance with paragraph 2.C. 
(Method 1) or paragraph 2.D. (Method 2) of BAE SYSTEMS (Operations) 
Limited Inspection Service Bulletin ISB.57-072, Revision 1, dated 
September 25, 2008.
    (4) If any cracking or corrosion is found during any inspection 
required by this AD, before further flight, repair in accordance 
with the Accomplishment Instructions of BAE Systems (Operations) 
Limited Inspection Service Bulletin ISB.57-072, Revision 1, dated 
September 25, 2008.
    (5) No repair terminates the inspection requirements of this AD.
    (6) Actions done before the effective date of this AD in 
accordance with BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.57-072, dated September 25, 2008, are considered 
acceptable for compliance with the corresponding actions specified 
in this AD.
    (7) Submit a report of the findings (both positive and negative) 
of the inspection required by paragraph (f)(1) of this AD to 
Customer Liaison, Customer Support (Building 37), BAE Systems 
(Operations) Limited, Prestwick International Airport, Ayrshire, KA9 
2RW, Scotland; fax +44 (0) 1292 675432; e-mail 
[email protected], at the applicable time specified in 
paragraphs (f)(7)(i) and (f)(7)(ii) of this AD. The report must 
include the inspection results, a description of any discrepancies 
found, the airplane serial number, and the number of landings and 
flight hours on the airplane.
    (i) If the inspection was done on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (ii) If the inspection was done before the effective date of 
this AD: Submit the report within 30 days after the effective date 
of this AD.


    Note 3: The inspections required by this AD prevail over the 
Maintenance Review Board Report (MRBR), Maintenance Planning 
Document (MPD), Corrosion Prevention and Control Programme (CPCP), 
and Supplemental Structural Inspection Document (SSID) inspections 
defined in paragraph 1.C.(3) of BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.57-072, Revision 1, dated September 
25, 2008.

FAA AD Differences

    Note 4: This AD differs from the MCAI and/or service information 
as follows: Where

[[Page 1563]]

the EASA AD refers to ``since entry into service,'' this AD 
specifies the date of issuance of the original airworthiness 
certificate or the date of issuance of the original export 
certificate of airworthiness.

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 (44 
U.S.C. 3501 et seq.), 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 2009-0014, dated January 21, 2009; and BAE SYSTEMS 
(Operations) Limited Inspection Service Bulletin ISB.57-072, 
Revision 1, dated September 25, 2008; for related information.

    Issued in Renton, Washington, on January 6, 2010.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-381 Filed 1-11-10; 8:45 am]
BILLING CODE 4910-13-P