[Federal Register Volume 76, Number 9 (Thursday, January 13, 2011)]
[Proposed Rules]
[Pages 2281-2284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-585]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1308; Directorate Identifier 2009-NM-069-AD]
RIN 2120-AA64


Airworthiness Directives; BAE SYSTEMS (OPERATIONS) LIMITED Model 
BAe 146 Airplanes, and Model Avro 146-RJ 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:

    During the period 2001/2002, skin cracking was found adjacent to 
the butt joint forward of frame 19 * * *. The cracks emanated from 
chemically-etched pockets on the internal surface of the skin. * * * 
[C]racking in multiple adjacent bays * * * could compromise the 
structural integrity of the fuselage in the event that the multiple 
cracks joined into a single crack. * * *
    During 2008, a further report was received at BAE Systems of a 
13.78 inch crack in an AVRO 146-RJ that occurred 514 flight cycles 
(FC) short of the next 4 000-FC repetitive inspection interval. * * 
*
* * * * ** *
    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 28, 
2011.

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 (OPERATIONS) LIMITED, Customer Information Department, 
Prestwick International Airport, Ayrshire, KA9 2RW, Scotland, United 
Kingdom; telephone +44 1292 675207; fax +44 1292 675704; 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.

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-2010-1308; 
Directorate Identifier 2009-NM-069-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 will post all comments we receive, without change, to http://www.regulations.gov, including any

[[Page 2282]]

personal information you provide. We will also post a report 
summarizing each substantive verbal contact we receive about this 
proposed AD.

Discussion

    On June 14, 2005, we issued AD 2005-13-19, Amendment 39-14156 (70 
FR 37022, June 28, 2005). That AD required actions intended to address 
an unsafe condition on the products listed above.
    Since we issued AD 2005-13-19, a further report of cracking has 
been received at an interval shorter than the repetitive inspection 
interval required by AD 2005-13-19. 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-
0070R1, dated July 2, 2010 (referred to after this as ``the MCAI''), to 
correct an unsafe condition for the specified products. The MCAI 
states:

    During the period 2001/2002, skin cracking was found adjacent to 
the butt joint forward of frame 19 when unrelated in-service 
maintenance inspections of the forward fuselage structure were being 
completed. The cracks emanated from chemically-etched pockets on the 
internal surface of the skin. The then current MRB [maintenance 
review board] inspection requirements were not adequate to address 
cracking in multiple adjacent bays, which could compromise the 
structural integrity of the fuselage in the event that the multiple 
cracks joined into a single crack. Investigations resulted in the 
publication of BAE Systems (Operations) Limited Inspection Service 
Bulletin (ISB).53-167 in June [27,] 2003, which was made mandatory 
by CAA UK AD 007-06-2003. The ISB was subsequently re-issued at 
Revision 1 during 2004 [May 18, 2004] to clarify the inspection 
requirements and provide an improved inspection procedure. CAA UK AD 
G-2005-0002 [which corresponds to FAA AD 2005-13-19] (EASA approval 
number 2005-313) was issued to require accomplishment of the 
improved inspections.
    During 2008, a further report was received at BAE Systems of a 
13.78 inch crack in an AVRO 146-RJ that occurred 514 flight cycles 
(FC) short of the next 4 000-FC repetitive inspection interval. A 
reassessment of ISB instructions and its supporting data concluded 
that these original inspection periods were too long, and the method 
for defining the areas requiring inspection could be open to 
misinterpretation. In response, BAE Systems has updated the ISB to 
Revision 2 [dated December 12, 2008] to reduce the inspection 
intervals, introducing different inspection intervals associated 
with specific areas of the forward fuselage skins and instructions 
to inspect additional areas of the forward fuselage skin.
    For the reasons described above, this AD retains the 
requirements of CAA UK AD G-2005-0002, which is superseded, and 
requires the implementation of revised repetitive inspections, 
including inspection of additional areas of the forward fuselage 
skin panels for cracking and follow-on repair action(s), depending 
on findings.
    This AD is [further] revised to acknowledge the issuance of BAE 
Systems (Operations) Limited ISB.53-167 Revision 3, [dated June 17, 
2009] which allows the repetitive inspection intervals to be 
extended and introduces grace periods to carry out the initial 
inspections. In addition, this AD at Revision 1 [EASA AD 2009-
0070R1, dated July 2, 2010] acknowledges the issuance of BAE Systems 
ISB.53-167 Revision 4 [dated June 10, 2010] which corrects the grace 
period for the initial inspections on BAe 146 aeroplane types.

    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.53-167, Revision 4, dated June 10, 2010. 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 2005-13-19 and retained in this 
proposed AD take about 40 work-hours per product, at an average labor 
rate of $85 per work hour. Based on these figures, the estimated cost 
of the currently required actions is $3,400 per product.
    We estimate that it would take about 32 work-hours per product to 
comply with the new basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Based on these figures, we estimate 
the cost of the proposed AD on U.S. operators to be $2,720, or $2,720 
per product.

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.

[[Page 2283]]

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 39-14156 (70 FR 
37022, June 28, 2005) and adding the following new AD:

BAE SYSTEMS (OPERATIONS) LIMITED: Docket No. FAA-2010-1308; 
Directorate Identifier 2009-NM-069-AD.

Comments Due Date

    (a) We must receive comments by February 28, 2011.

Affected ADs

    (b) This AD supersedes AD 2005-13-19, Amendment 39-14156.

Applicability

    (c) This AD applies to all BAE SYSTEMS (OPERATIONS) LIMITED 
Model BAe 146-100A, -200A, and -300A 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 53: 
Fuselage.

Reason

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

    During the period 2001/2002, skin cracking was found adjacent to 
the butt joint forward of frame 19 * * *. The cracks emanated from 
chemically-etched pockets on the internal surface of the skin. * * * 
[C]racking in multiple adjacent bays * * * could compromise the 
structural integrity of the fuselage in the event that the multiple 
cracks joined into a single crack. * * *
    During 2008, a further report was received at BAE Systems of a 
13.78 inch crack in an AVRO 146-RJ that occurred 514 flight cycles 
(FC) short of the next 4 000-FC repetitive inspection interval. * * 
*
* * * * *

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.
    RESTATEMENT OF REQUIREMENTS OF AD 2005-13-19:

Inspections and Repair

    (g) Within the applicable compliance time specified in paragraph 
(g)(1) or (g)(2) of this AD, perform an external eddy current 
inspection of the forward fuselage skin to detect cracking, in 
accordance with the Accomplishment Instructions of BAE Systems 
(Operations) Limited Modification Service Bulletin ISB.53-167, 
including Appendix 2, Revision 1, dated May 18, 2004. Doing the 
inspection required by paragraph (j) of this AD terminates the 
requirements of this paragraph of this AD.
    (1) For Model BAe 146 series airplanes: Inspect before the 
accumulation of 16,000 total landings, or within 4,000 landings 
after the August 2, 2005 (the effective date of AD 2005-13-19), 
whichever is later.
    (i) For areas where no crack is found, repeat the inspection at 
intervals not to exceed 8,000 landings.
    (ii) For areas where any crack is found, before further flight, 
perform repairs in accordance with a method approved by the Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
the Civil Aviation Authority (CAA) (or its delegated agent), or EASA 
(or its delegated agent). No further inspection of any repaired area 
is required by paragraph (g) of this AD.
    (2) For Model Avro 146-RJ series airplanes: Inspect before the 
accumulation of 10,000 total landings, or within 2,000 landings 
after August 2, 2005, whichever is later.
    (i) For areas where no crack is found, repeat the inspection at 
intervals not to exceed 4,000 landings.
    (ii) For areas where any crack is found, before further flight, 
perform repairs in accordance with a method approved by the Manager, 
International Branch, ANM-116, the CAA (or its delegated agent), or 
EASA (or its delegated agent). No further inspection of any repaired 
area is required by paragraph (g) of this AD.

Inspections Accomplished According to Previous Issue of Service 
Bulletin

    (h) Inspections accomplished before August 2, 2005, in 
accordance with BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.53-167, including Appendices 2 and 3, all dated June 
27, 2003, are considered acceptable for compliance with the 
corresponding action specified in paragraph (g) of this AD.

No Reporting Requirement for AD 2005-13-19

    (i) Although BAE Systems (Operations) Limited Modification 
Service Bulletin ISB.53-167, including Appendix 2, Revision 1, dated 
May 18, 2004, specifies to submit Appendix 1 of that service 
bulletin with certain information to the manufacturer, this AD does 
not include that requirement.
    New Requirements of this AD:

Inspection and Repair--Expanded Area of Forward Fuselage Skin and 
Reduced Inspection Intervals

    (j) For Model BAe 146 airplanes: At the later of the times 
specified in paragraphs (j)(1), (j)(2), and (j)(3) of this AD, do an 
external eddy current inspection of the forward fuselage skin to 
detect cracking, in accordance with the Accomplishment Instructions 
of BAE Systems (Operations) Limited Inspection Service Bulletin 
ISB.53-167, including Appendix 2, Revision 4, dated June 10, 2010. 
Repeat the inspection thereafter at intervals not to exceed 3,600 
flight cycles for areas specified in Drawings 2, 3, 4, 5, and 7 of 
BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53-
167, including Appendix 2, Revision 4, dated June 10, 2010, and at 
intervals not to exceed 4,600 flight cycles for areas specified in 
Drawings 1, 6, 8, and 9 of BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.53-167, including Appendix 2, 
Revision 4, dated June 10, 2010. Doing the inspection required by 
this paragraph terminates the requirements of paragraph (g) of this 
AD for that airplane.
    (1) Before the accumulation of 16,000 total flight cycles.
    (2) Within 2,000 flight cycles after the effective date of this 
AD.
    (3) Within the applicable times specified in paragraphs 
(j)(3)(i) and (j)(3)(ii) of this AD.
    (i) For areas specified in Drawings 2, 3, 4, 5, and 7 of BAE 
Systems (Operations) Limited Inspection Service Bulletin ISB.53-167, 
including Appendix 2, Revision 4, dated June 10, 2010: Within 3,600 
flight cycles after the last inspection done in accordance with 
paragraph (g) of this AD.
    (ii) For areas specified in Drawings 1, 6, 8, and 9 of BAE 
Systems (Operations) Limited Inspection Service Bulletin ISB.53-167, 
including Appendix 2, Revision 4, dated June 10, 2010: Within 4,600 
flight cycles after the last inspection done in accordance with 
paragraph (g) of this AD.
    (k) For Model Avro 146-RJ airplanes: At the later of the times 
specified in paragraph (k)(1), (k)(2), and (k)(3) of this AD, do an 
external eddy current inspection of the forward fuselage skin to 
detect cracking, in accordance with the Accomplishment Instructions 
of BAE Systems (Operations) Limited Inspection Service Bulletin 
ISB.53-167, including Appendix 2, Revision 4, dated June 10, 2010. 
Repeat the inspection thereafter at intervals not to exceed 2,400 
flight cycles for areas specified in Drawings 2, 3, 4, 5, and 7 of 
BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53-
167, including Appendix 2, Revision 4, dated June 10, 2010, and 
3,000 flight cycles for areas specified in Drawings 1, 6, 8, and 9 
of BAE Systems (Operations) Limited Inspection Service Bulletin 
ISB.53-167, including Appendix 2, Revision 4, dated June 10, 2010. 
Doing the inspection required by this paragraph terminates the 
requirements of paragraph (g) of this AD for that airplane.
    (1) Before the accumulation of 10,000 total flight cycles.
    (2) Within 1,000 flight cycles after the effective date of this 
AD.
    (3) Within the applicable times specified in paragraphs 
(k)(3)(i) and (k)(3)(ii) of this AD.
    (i) For areas specified in Drawings 2, 3, 4, 5, and 7 of BAE 
Systems (Operations) Limited Inspection Service Bulletin ISB.53-167, 
including Appendix 2, Revision 4, dated June 10, 2010: Within 3,600 
flight cycles after the last inspection done in accordance with 
paragraph (g) of this AD.
    (ii) For areas specified in Drawings 1, 6, 8, and 9 of BAE 
Systems (Operations) Limited

[[Page 2284]]

Inspection Service Bulletin ISB.53-167, including Appendix 2, 
Revision 4, dated June 10, 2010: Within 4,600 flight cycles after 
the last inspection done in accordance with paragraph (g) of this 
AD.
    (l) If any cracking is found during any inspection required by 
paragraph (j) or (k) of this AD, before further flight, accomplish 
the repair in accordance with a method approved by the FAA or EASA 
(or its delegated agent). Repair of an airplane in accordance with 
the requirements of this paragraph of this AD does not constitute 
terminating action for the inspection requirements of this AD.

Credit for Actions Accomplished in Accordance With Previous Service 
Information

    (m) Inspections done before the effective date of this AD in 
accordance with BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.53-167, including Appendix 2, Revision 2, dated 
November 17, 2008; or Revision 3, dated June 17, 2009; are 
acceptable for compliance with the corresponding requirements of 
paragraphs (j) and (k) of this AD.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (n) 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: A federal agency may not conduct or 
sponsor, and a person is not required to respond to, nor shall a 
person be subject to a penalty for failure to comply with a 
collection of information subject to the requirements of the 
Paperwork Reduction Act unless that collection of information 
displays a current valid OMB Control Number. The OMB Control Number 
for this information collection is 2120-0056. Public reporting for 
this collection of information is estimated to be approximately 5 
minutes per response, including the time for reviewing instructions, 
completing and reviewing the collection of information. All 
responses to this collection of information are mandatory. Comments 
concerning the accuracy of this burden and suggestions for reducing 
the burden should be directed to the FAA at: 800 Independence Ave., 
SW., Washington, DC 20591, Attn: Information Collection Clearance 
Officer, AES-200.

Related Information

    (o) Refer to MCAI EASA Airworthiness Directive 2009-0070R1, 
dated July 2, 2010; and BAE Systems (Operations) Limited 
Modification Service Bulletin ISB.53-167, including Appendix 2, 
Revision 1, dated May 18, 2004; and BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.53-167, including Appendix 2, 
Revision 4, dated June 10, 2010; for related information.

    Issued in Renton, Washington, on January 5, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-585 Filed 1-12-11; 8:45 am]
BILLING CODE 4910-13-P