[Federal Register Volume 75, Number 18 (Thursday, January 28, 2010)]
[Rules and Regulations]
[Pages 4480-4482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1283]


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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; 
Amendment 39-16182; AD 2010-02-11]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited Model 
BAe 146 and Avro 146-RJ 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:

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

DATES: This AD becomes effective March 4, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 4, 
2010.

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 October 19, 2009 (74 
FR 53433). That NPRM proposed 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

[[Page 4481]]

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. 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.

Explanation of Changes Made to This AD

    We have revised this AD to identify the legal name of the 
manufacturer as published in the most recent type certificate data 
sheet for the affected airplane models.

Conclusion

    We reviewed the available data, and determined that air safety and 
the public interest require adopting the AD with the change described 
previously. We determined that this change will not increase the 
economic burden on any operator or increase the scope of the AD.

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 1 product of U.S. registry. We 
also estimate that it will take about 12 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. operator 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 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.
    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:

2010-02-11 BAE Systems (Operations) Limited: Amendment 39-16182. 
Docket No. FAA-2009-0912; Directorate Identifier 2009-NM-047-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective March 4, 
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 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-

[[Page 4482]]

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 (EASA) AD 2009-0046, dated March 2, 2009; 
specify to submit certain information to the manufacturer, this AD 
does not include that requirement.

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 EASA 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.

Material Incorporated by Reference

    (i) You must use BAE SYSTEMS (Operations) Limited Inspection 
Service Bulletin ISB.53-213, dated May 21, 2008, to do the actions 
required by this AD, unless the AD specifies otherwise.
    (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 January 14, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-1283 Filed 1-27-10; 8:45 am]
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