[Federal Register Volume 75, Number 49 (Monday, March 15, 2010)]
[Proposed Rules]
[Pages 12158-12161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5513]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0222; Directorate Identifier 2008-NM-012-AD]
RIN 2120-AA64


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

    A potential fleet wide problem has been identified regarding the 
interchanging of wing links on all BAe 146 & AVRO 146-RJ aircraft 
during scheduled maintenance. Some

[[Page 12159]]

operators erroneously believed that these parts were 
interchangeable. The effects of changing winglinks has resulted in 
either a shorter or longer wing link being fitted, which introduces 
local stresses in the wing top and bottom surfaces local to rib 2, 
wing links and wing link fitting attachment and the fuselage local 
to Frames 26 and 29. This condition, if not corrected, could result 
in a reduction of structural integrity of the fuselage/wing 
attachment with possible catastrophic consequences.

    The unsafe condition could result in loss of a wing or 
controllability 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 April 29, 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-2010-0222; 
Directorate Identifier 2008-NM-012-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 2008-0003, dated January 8, 2008 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    A potential fleet wide problem has been identified regarding the 
interchanging of wing links on all BAe 146 & AVRO 146-RJ aircraft 
during scheduled maintenance. Some operators erroneously believed 
that these parts were interchangeable. The effects of changing 
winglinks has resulted in either a shorter or longer wing link being 
fitted, which introduces local stresses in the wing top and bottom 
surfaces local to rib 2, wing links and wing link fitting attachment 
and the fuselage local to Frames 26 and 29. This condition, if not 
corrected, could result in a reduction of structural integrity of 
the fuselage/wing attachment with possible catastrophic 
consequences.
    For the reasons described above, the present Airworthiness 
Directive (AD) requires the accomplishment of inspections and 
rectification actions, as necessary.

    The unsafe condition could result in loss of a wing or 
controllability of the airplane. The inspections include inspecting 
wing links for incorrect part numbers (i.e., parts that are not 
original), inspecting to determine wing geometry measurements, and 
inspecting the wing link, bores, bolts, and nuts for corrosion. 
Corrective actions include installing wing-to-fuselage fairings and 
repairing. 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.53-175, Revision 1, dated April 2, 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. We also estimate that it 
would take about 180 work-hours per product to comply with the basic 
requirements of

[[Page 12160]]

this proposed AD. The average labor rate is $85 per work-hour. Required 
parts would cost about $0 per product. Where the service information 
lists required parts costs that are covered under warranty, we have 
assumed that there will be no charge for these costs. As we do not 
control warranty coverage for affected parties, some parties may incur 
costs higher than estimated here. Based on these figures, we estimate 
the cost of the proposed AD on the U.S. operator to be $15,300.

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: Docket No. FAA-2010-0222; 
Directorate Identifier 2008-NM-012-AD.

Comments Due Date

    (a) We must receive comments by April 29, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to BAE Systems (Operations) Limited Model 
BAe 146-100A, -200A, and -300A; and Avro 146-RJ70A, 146-RJ85A, and 
146-RJ100A airplanes; all serial numbers; certificated in any 
category; as identified in paragraph 1.A.(1) of BAE (Operations) 
Limited Inspection Service Bulletin ISB.53-175, Revision 1, dated 
April 2, 2007.

Subject

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

Reason

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

    ``A potential fleet wide problem has been identified regarding 
the interchanging of wing links on all BAe 146 & AVRO 146-RJ 
aircraft during scheduled maintenance. Some operators erroneously 
believed that these parts were interchangeable. The effects of 
changing winglinks has resulted in either a shorter or longer wing 
link being fitted, which introduces local stresses in the wing top 
and bottom surfaces local to rib 2, wing links and wing link fitting 
attachment and the fuselage local to Frames 26 and 29. This 
condition, if not corrected, could result in a reduction of 
structural integrity of the fuselage/wing attachment with possible 
catastrophic consequences.
    ``For the reasons described above, the present Airworthiness 
Directive (AD) requires the accomplishment of inspections and 
rectification actions, as necessary.''

    The unsafe condition could result in loss of a wing or 
controllability of the airplane. The inspections include inspecting 
wing links for incorrect part numbers (i.e., parts that are not 
original), inspecting to determine wing geometry measurements, and 
inspecting the wing link, bores, bolts, and nuts for corrosion. 
Corrective actions include installing wing-to-fuselage fairings and 
repairing.

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Actions

    (g) Do the following actions.
    (1) For airplanes subject to Maintenance Review Board Report 
(MRBR) requirements: Within 30 days after the effective date of this 
AD, revise the supplemental structural inspection (SSI) portion of 
the airplane inspection schedule, in accordance with paragraph 
1.D.(2) of BAE SYSTEMS (Operations) Limited Inspection Service 
Bulletin ISB.53-175, Revision 1, dated April 2, 2007. Do the initial 
inspection at the applicable time, and repeat at the applicable 
intervals, as specified in Appendix 3 of BAE SYSTEMS (Operations) 
Limited Inspection Service Bulletin ISB.53-175, Revision 1, dated 
April 2, 2007. Where Appendix 3 of BAE SYSTEMS (Operations) Limited 
Inspection Service Bulletin ISB.53-175, Revision 1, dated April 2, 
2007, does not specify a compliance time in either flight cycles or 
in flight hours, use flight cycles.
    (2) For airplanes subject to MRBR requirements: Accomplishing 
the inspections and all applicable corrective actions of paragraph 
1.D.(3) of BAE SYSTEMS (Operations) Limited Inspection Service 
Bulletin ISB.53-175, Revision 1, dated April 2, 2007, terminates the 
revisions to the SSI portion of the airplane inspection schedule 
incorporated in accordance with paragraph (g)(1) of this AD, 
provided that if any corrosion is found during any inspection 
specified in ``Part C'' or ``Part D'' of paragraph 2.C. of BAE 
SYSTEMS (Operations) Limited Inspection Service Bulletin ISB.53-175, 
Revision 1, dated April 2, 2007, repair is accomplished before 
further flight using a method approved by the Manager, International 
Branch, ANM 116, Transport Airplane Directorate, FAA, or EASA (or 
its delegated agent).
    (3) For operational airplanes subject to MRBR-to-Supplemental-
Structural-Inspection-Document (SSID) transition requirements or to 
SSID requirements: Within 5,000 flight cycles after the effective 
date of this AD, do the inspections and all applicable corrective 
actions, in accordance with paragraph 2.C. of the Accomplishment 
Instructions of BAE SYSTEMS (Operations) Limited Inspection Service 
Bulletin ISB.53-175, Revision 1, dated April 2, 2007, except if any 
corrosion is found during any inspection specified in ``Part C'' or 
``Part D'' of paragraph 2.C. of BAE SYSTEMS (Operations) Limited 
Inspection Service Bulletin ISB.53-175, Revision 1, dated April 2, 
2007, repair must be accomplished using a method approved by the 
Manager, International Branch, ANM 116, Transport Airplane 
Directorate, FAA, or EASA (or its delegated agent). Do all 
applicable corrective

[[Page 12161]]

actions before further flight, except that replacements of all the 
wing links that are not within the specified tolerance must be done 
before the airplane reaches its MRBR airframe life limit.

    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.''

    (4) For any inspection done in accordance with paragraph (g)(2) 
or (g)(3) of this AD: Send reports to BAE SYSTEMS, 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 in paragraph (g)(4)(i) or (g)(4)(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.
    (5) For airplanes that are non-operational as of the effective 
date of this AD and that are subject to MRBR-to-SSID transition 
requirements or to SSID requirements: Before returning any airplane 
to service, do the inspections and all applicable corrective 
actions, in accordance with paragraph 2.C. of the Accomplishment 
Instructions of BAE SYSTEMS (Operations) Limited Inspection Service 
Bulletin ISB.53-175, Revision 1, dated April 2, 2007, except if any 
corrosion is found during any inspection specified in ``Part C'' or 
``Part D'' of paragraph 2.C. of BAE SYSTEMS (Operations) Limited 
Inspection Service Bulletin ISB.53-175, Revision 1, dated April 2, 
2007, repair must be accomplished using a method approved by the 
Manager, International Branch, ANM 116, Transport Airplane 
Directorate, FAA, or EASA (or its delegated agent).
    (6) Actions accomplished before the effective date of this AD in 
accordance with BAE SYSTEMS (Operations) Limited Inspection Service 
Bulletin ISB.53-175, dated December 21, 2006, are considered 
acceptable for compliance with the corresponding action specified in 
this AD.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows: The MCAI does not specify a corrective action if 
corrosion is found during accomplishment of the actions specified in 
``Part C'' and ``Part D'' of paragraph 2.C. of BAE SYSTEMS 
(Operations) Limited Inspection Service Bulletin ISB.53-175, 
Revision 1, dated April 2, 2007. This AD requires that if any 
corrosion is found, a repair must be done in accordance with a 
method approved by the FAA or EASA (or its delegated agent).

Other FAA AD Provisions

    (h) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, 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

    (i) Refer to MCAI EASA Airworthiness Directive 2008-0003, dated 
January 8, 2008; and BAE SYSTEMS (Operations) Limited Inspection 
Service Bulletin ISB.53-175, Revision 1, dated April 2, 2007; for 
related information.

    Issued in Renton, Washington on March 4, 2010.
Suzanne Masterson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-5513 Filed 3-12-10; 8:45 am]
BILLING CODE 4910-13-P