[Federal Register Volume 75, Number 7 (Tuesday, January 12, 2010)]
[Proposed Rules]
[Pages 1563-1566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-382]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1250; Directorate Identifier 2008-NM-169-AD]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited Model 
BAe 146-100A, -200A, and -300A Series Airplanes, and Model 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 that would supersede an existing AD. 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: In 1991, the UK Civil Aviation 
Authority (CAA) issued AD 015-08-91 [which corresponds to FAA AD 93-01-
11], requiring the accomplishment of inspections of, and in case of 
crack findings, corrective actions on, the wing top skin at rib `0' of 
pre-modification HCM00851C BAe 146 series aircraft in accordance with 
British Aerospace Service Bulletin (SB) 57-41 dated 26 July 1991. 
Recently, BAE Systems (Operations) Ltd has determined that a revised 
inspection programme for the wing top skin and joint strap at rib `0' 
on all BAe 146 and AVRO 146-RJ aircraft is necessary to assure the 
continued structural integrity of this area. Cracking of the wing 
centre section top skin, if undetected, could lead to structural 
failure and consequent loss of the aircraft.
    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, 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-2009-1250; 
Directorate Identifier 2008-NM-169-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

[[Page 1564]]

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

    On January 8, 1993, we issued AD 93-01-11, Amendment 39-8465 (58 FR 
6081, January 26, 1993). That AD required actions intended to address 
an unsafe condition on the products listed above.
    Since we issued AD 93-01-11, the European Aviation Safety Agency 
(EASA), which is the Technical Agent for the Member States of the 
European Community, has issued EASA Airworthiness Directive 2008-0168, 
dated September 2, 2008 (referred to after this as ``the MCAI''), to 
correct an unsafe condition for the specified products. The MCAI 
states:

    In 1991, the UK Civil Aviation Authority (CAA) issued AD 015-08-
91 [which corresponds to FAA AD 93-01-11], requiring the 
accomplishment of inspections of, and in case of crack findings, 
corrective actions on, the wing top skin at rib `0' of pre-
modification HCM00851C BAe 146 series aircraft in accordance with 
British Aerospace Service Bulletin (SB) 57-41 dated 26 July 1991. 
Recently, BAE Systems (Operations) Ltd has determined that a revised 
inspection programme for the wing top skin and joint strap at rib 
`0' on all BAe 146 and AVRO 146-RJ aircraft is necessary to assure 
the continued structural integrity of this area. Cracking of the 
wing centre section top skin, if undetected, could lead to 
structural failure and consequent loss of the aircraft.
    For the reasons described above, this new EASA [European 
Aviation Safety Agency] AD supersedes UK CAA AD 015-08-91 and 
requires repetitive high-frequency eddy current (HFEC), 
radiographic, ultrasonic, and detailed visual inspections [for 
cracking and corrosion] of the wing top skin and joint strap at rib 
`0', the reporting of all inspection results to BAE Systems and, in 
case of findings, the accomplishment of corrective actions.

The corrective actions include repairing cracking and corrosion, and 
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.57-070, dated October 15, 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.
    The actions that are required by AD 93-01-11 and retained in this 
proposed AD take about 4 work-hours per product, at an average labor 
rate of $80 per work hour. Based on these figures, the estimated cost 
of the currently required actions is $320 per product.
    We estimate that it would take about 4 work-hours per product to 
comply with the new 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 $320.

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 removing Amendment 39-8465 (58 FR 
6081, January 26, 1993) and adding the following new AD:

BAE SYSTEMS (Operations) Limited: Docket No. FAA-2009-1250; 
Directorate Identifier 2008-NM-169-AD.

[[Page 1565]]

Comments Due Date

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

Affected ADs

    (b) The AD supersedes AD 93-01-11, Amendment 39-8465.

Applicability

    (c) This AD applies to all 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.

Subject

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

Reason

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

    In 1991, the UK Civil Aviation Authority (CAA) issued AD 015-08-
91 [which corresponds to FAA AD 93-01-11], requiring the 
accomplishment of inspections of, and in case of crack findings, 
corrective actions on, the wing top skin at rib `0' of pre-
modification HCM00851C BAe 146 series aircraft in accordance with 
British Aerospace Service Bulletin (SB) 57-41 dated 26 July 1991. 
Recently, BAE Systems (Operations) Ltd has determined that a revised 
inspection programme for the wing top skin and joint strap at rib 
`0' on all BAe 146 and AVRO 146-RJ aircraft is necessary to assure 
the continued structural integrity of this area. Cracking of the 
wing centre section top skin, if undetected, could lead to 
structural failure and consequent loss of the aircraft.
    For the reasons described above, this new EASA [European 
Aviation Safety Agency] AD supersedes UK CAA AD 015-08-91 and 
requires repetitive high-frequency eddy current (HFEC), 
radiographic, ultrasonic, and detailed visual inspections [for 
cracking and corrosion] of the wing top skin and joint strap at rib 
`0', the reporting of all inspection results to BAE Systems and, in 
case of findings, the accomplishment of corrective actions.

The corrective actions include repairing cracking and corrosion, and 
contacting BAE Systems (Operations) Limited for repair instructions 
and doing the repair.

Restatement of Requirements of AD 93-01-11, With No Changes

    (f) Unless already done, for Model BAe 146-100A, -200A, and -
300A series airplanes: Prior to the accumulation of 24,000 landings, 
or within 60 days after March 2, 1993 (the effective date of AD 93-
01-11), whichever occurs later: Perform an x-ray inspection to 
detect fatigue cracks in the left and right wing upper skins, joint 
straps, and stringers in the vicinity of rib ``0,'' in accordance 
with British Aerospace Inspection Service Bulletin 57-41, dated July 
26, 1991. Doing the inspection required by paragraph (g)(1) of this 
AD terminates the inspection required by this paragraph.
    (1) If cracks are found, prior to further flight, repair in 
accordance with a method approved by the Manager, Standardization 
Branch, ANM-113, Transport Airplane Directorate, FAA, or the 
Manager, International Branch, ANM-116, Transport Airplane 
Directorate, FAA. As of the effective date of this AD, repair in 
accordance with a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA. Thereafter, 
repeat the inspection required by paragraph (f) of this AD at 
intervals not to exceed 9,000 landings, in accordance with British 
Aerospace Inspection Service Bulletin 57-41, dated July 26, 1991, 
until the initial inspection required by paragraph (g)(1) of this AD 
is accomplished.
    (2) If no cracks are found, repeat the inspection required by 
paragraph (f) of this AD at intervals not to exceed 9,000 landings, 
in accordance with British Aerospace Inspection Service Bulletin 57-
41, dated July 26, 1991, until the initial inspection required by 
paragraph (g)(1) of this AD is accomplished.

New Requirements of This AD

    (g) Unless already done, do the following actions.

    Note 1: The instructions of BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.57-070, dated October 15, 2007, 
which is the subject of this AD, are divided into two parts; 
consequently, the statement in paragraph 1.C. of BAE Systems 
(Operations) Limited Inspection Service Bulletin ISB.57-070, dated 
October 15, 2007, that there are three parts is incorrect and can be 
disregarded.

    (1) At the applicable compliance time specified in paragraph 
(g)(1)(i) or (g)(1)(ii) of this AD: Do an HFEC inspection of the 
front and rear spar flanges, a detailed visual inspection of the 
stringers, and a detailed visual inspection of the stringer crown 
fittings, all at the rib ``0'' joint strap, for cracking and 
corrosion, and do all applicable corrective actions, in accordance 
with ``Part 1'' of paragraph 2.C., ``Inspection,'' of BAE Systems 
(Operations) Limited Inspection Service Bulletin ISB.57-070, dated 
October 15, 2007. Repeat the inspections thereafter at intervals not 
to exceed 4,000 flight cycles. Do all applicable corrective actions 
before further flight. Accomplishment of these initial inspections 
terminates the inspections required by paragraphs (f), (f)(1), and 
(f)(2) of this AD.
    (i) For airplanes on which an inspection was not done in 
accordance with Supplemental Structural Inspection (SSI) 57-10-101 
(MPD 571001-DVI-10000-1) as of the effective date of this AD: Prior 
to the accumulation of 20,000 total flight cycles, or within 4,000 
flight cycles after the effective date of this AD, whichever occurs 
later.
    (ii) For airplanes on which an inspection was done in accordance 
with SSI 57-10-101 (MPD 571001-DVI-10000-1) as of the effective date 
of this AD: Within 3,000 flight cycles after the effective date of 
this AD.
    (2) At the applicable compliance time specified in paragraph 
(g)(2)(i) or (g)(2)(ii) of this AD: Do detailed visual and HFEC 
inspections to detect cracking and corrosion of the rib ``0'' strap, 
a radiographic inspection of the rib ``0'' joint, and an ultrasonic 
inspection of the skin at the rib ``0'' joint strap, and do all 
applicable corrective actions, in accordance with ``PART 2'' of 
paragraph 2.C. ``Inspection'' of BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.57-070, dated October 15, 2007. Do 
all applicable corrective actions before further flight. Repeat the 
inspections thereafter at intervals not to exceed 4,000 flight 
cycles.
    (i) For airplanes on which an inspection was not done in 
accordance with SSI 57-10-102 and 57-10-102A (MPD 571002-SDI-10000-1 
and 571002-SDI-10000-2) as of the effective date of this AD: Before 
the accumulation of 24,000 total flight cycles, or within 4,000 
flight cycles after the effective date of this AD, whichever occurs 
later.
    (ii) For airplanes on which an inspection was done in accordance 
with SSI 57-10-102 or 57-10-102A (MPD 571002-SDI-10000-1 or 571002-
SDI-10000-2) as of the effective date of this AD: Within 3,000 
flights cycles after the effective date of this AD.
    (3) Submit a report of the findings (both positive and negative) 
of the initial inspections required by paragraphs (g)(1) and (g)(2) 
of this AD to BAE Systems (Operations) Limited, at the applicable 
time specified in paragraph (g)(3)(i) or (g)(3)(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. Send reports 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].
    (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.
    (4) Accomplishment of any repair does not constitute terminating 
action for the inspection requirements of this AD.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (h) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, 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.

[[Page 1566]]

    (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

    (i) Refer to MCAI EASA Airworthiness Directive 2008-0168, dated 
September 2, 2008; British Aerospace Inspection Service Bulletin 57-
41, dated July 26, 1991; and BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.57-070, dated October 15, 2007; for 
related information.

    Issued in Renton, Washington, on December 30, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-382 Filed 1-11-10; 8:45 am]
BILLING CODE 4910-13-P