[Federal Register Volume 76, Number 77 (Thursday, April 21, 2011)]
[Rules and Regulations]
[Pages 22296-22298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8667]



[[Page 22296]]

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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] 
Amendment 39-16661; AD 2011-08-11]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are superseding an existing airworthiness directive (AD) 
that applies to 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 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. * * 
*

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

DATES: This AD becomes effective May 26, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 26, 
2011.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of August 
2, 2005 (70 FR 37022, June 28, 2005).

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 January 13, 2011 (76 
FR 2281), and proposed to supersede AD 2005-13-19, Amendment 39-14156 
(70 FR 37022, June 28, 2005). That NPRM proposed 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.

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.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed.

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.
    The actions that are required by AD 2005-13-19 and retained in this 
AD take 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 will take about 32 work-hours per product to 
comply with the new basic requirements of this AD. The average labor 
rate is $85 per work-hour. Based on these figures, we estimate the cost 
of the 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

[[Page 22297]]

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 that 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

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

2011-08-11 BAE SYSTEMS (OPERATIONS) LIMITED: Amendment 39-16661; 
Docket No. FAA-2010-1308; Directorate Identifier 2009-NM-069-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective May 26, 
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 latest 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

[[Page 22298]]

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 latest 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 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. In accordance with 14 CFR 39.19, send your request to your 
principal inspector or local Flight Standards District Office, as 
appropriate. If sending information directly to the International 
Branch, send it 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. Information may be e-mailed to: 
[email protected]. Before using any approved AMOC, 
notify your appropriate principal inspector, or lacking a principal 
inspector, the manager of the local flight standards district 
office/certificate holding 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

    (o) Refer to MCAI EASA Airworthiness Directive 2009-0070R1, 
dated July 2, 2010; 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.

Material Incorporated by Reference

    (p) You must use 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; as applicable; 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 BAE Systems (Operations) Limited 
Modification Service Bulletin ISB.53-167, including Appendix 2, 
Revision 4, dated June 10, 2010, under 5 U.S.C. 552(a) and 1 CFR 
part 51.
    (2) The Director of the Federal Register previously approved the 
incorporation by reference of BAE Systems (Operations) Limited 
Modification Service Bulletin ISB.53-167, including Appendix 2, 
Revision 1, dated May 18, 2004, on August 2, 2005 (70 FR 37022, June 
28, 2005).
    (3) For service information identified in this 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.
    (4) 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.
    (5) 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 4, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-8667 Filed 4-20-11; 8:45 am]
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