[Federal Register Volume 75, Number 94 (Monday, May 17, 2010)]
[Rules and Regulations]
[Pages 27419-27422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11182]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1254; Directorate Identifier 2009-NM-040-AD; 
Amendment 39-16292; AD 2010-10-13]
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), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

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:

    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.
* * * * *

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

DATES: This AD becomes effective June 21, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of June 21, 
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,

[[Page 27420]]

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 January 12, 2010 (75 
FR 1560). That NPRM proposed 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.

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.

Clarification of Compliance Time Language

    We have revised paragraph (f)(1)(iii) of this AD to clarify the 
compliance time language as specified in Note 4 of this AD.

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.

Explanation of Change to Costs of Compliance

    Since issuance of the NPRM, we have increased the labor rate used 
in the Costs of Compliance from $80 per work-hour to $85 per work-hour. 
The Costs of Compliance information, below, reflects this increase in 
the specified hourly labor rate.

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 $85 per work-hour. Based on these figures, we estimate the cost of 
this AD to the U.S. operator to be $1,020.

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:

2010-10-13 BAE Systems (Operations) Limited: Amendment 39-16292. 
Docket No. FAA-2009-1254; Directorate Identifier 2009-NM-040-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective June 21, 
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.

[[Page 27421]]

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 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 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 that 
service bulletin. In other BAE Systems instructions for continued 
airworthiness, including the Maintenance Planning Document (MPD) and 
the Corrosion Prevention and Control Programme (CPCP), such an 
inspection is referred to as a ``Special Detailed Inspection'' 
(SDI).


    Note 2: At the discretion of the airplane 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 the Accomplishment Instructions 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. of the 
Accomplishment Instructions of 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 the Accomplishment Instructions 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 the Accomplishment Instructions 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 the Accomplishment 
Instructions 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 February 22, 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), MPD, 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 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.

[[Page 27422]]

    (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.

Material Incorporated by Reference

    (i) You must use BAE Systems (Operations) Limited Inspection 
Service Bulletin ISB.57-072, Revision 1, dated September 25, 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.
    (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 April 30, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-11182 Filed 5-14-10; 8:45 am]
BILLING CODE 4910-13-P