[Federal Register Volume 77, Number 66 (Thursday, April 5, 2012)]
[Proposed Rules]
[Pages 20572-20574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8128]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 77, No. 66 / Thursday, April 5, 2012 / 
Proposed Rules  

[[Page 20572]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0332; Directorate Identifier 2011-NM-130-AD]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited 
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 
certain BAE SYSTEMS (OPERATIONS) LIMITED Model BAe 146 and Model Avro 
146-RJ airplanes. This proposed AD was prompted by reports of cracking 
and surface anomalies of the fuselage skin at the water trap/air drier 
unit of the forward discharge valve due to corrosion. This proposed AD 
would require repetitive detailed inspections for bulging, surface 
anomalies, and cracking of the fuselage skin adjacent to the discharge 
valves, repair if necessary, and application of additional sealant in 
the affected area if necessary. We are proposing this AD to detect and 
correct bulging, surface anomalies, and cracking that could propagate 
towards the forward discharge valve outlet and result in the failure of 
the fuselage skin, leading to a possible sudden loss of cabin pressure.

DATES: We must receive comments on this proposed AD by May 21, 2012.

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 W12-140, 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; email 
[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; phone 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-2012-0332; 
Directorate Identifier 2011-NM-130-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 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 2011-0099, dated May 26, 2011 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    An operator has reported the cracking and surface anomalies 
(bulges and/or dents) of the fuselage skin at the water trap/air 
drier unit of the forward discharge valve located between Frames 22 
and 23 and between stringers 22 and 23.
    Further investigation established that these surface anomalies 
(bulges and/or dents) were due to corrosion beneath the water trap/
air drier unit that has resulted in cracking of the fuselage skin. A 
crack at the subject location could propagate towards the forward 
discharge valve outlet and result in the failure of the fuselage 
skin leading to a possible sudden loss of cabin pressure.
    For the reasons described above, this [EASA] AD mandates an 
initial and repetitive [detailed] inspections [for bulging, surface 
anomalies, and cracking] of the fuselage skin adjacent to the front 
and rear discharge valves, the accomplishment of the associated 
correctives actions [repair] if applicable and the application of an 
additional sealant in the affected area.

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.21-162, Revision 1, dated September 16, 2010; Subject 53-
00-00, ``Fuselage, General Description,'' of Chapter 53, ``Fuselage,'' 
of the BAE SYSTEMS BAe 146 Series/AVRO 146-RJ Series Structural Repair 
Manual for Series 100-200, Revision 66, dated October 15, 2011; and 
Subject 53-00-00, ``Fuselage, General Description,'' of Chapter 53, 
``Fuselage,'' of the BAE SYSTEMS BAe 146 Series/AVRO 146-RJ Series 
Structural Repair Manual for Series 300, Revision 44, dated October

[[Page 20573]]

15, 2011. 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.

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 8 work-hours per product to comply with the 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 $680, or $680 per product. We have received 
no definitive data that would enable us to provide cost estimates for 
the on-condition (repair) actions specified in this proposed AD.

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 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);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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-2012-0332; 
Directorate Identifier 2011-NM-130-AD.

(a) Comments Due Date

    We must receive comments by May 21, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to BAE SYSTEMS (OPERATIONS) LIMITED Model BAe 
146-100A, -200A airplanes, and -300A and Model Avro 146-RJ70A, 146-
RJ85A, and 146-RJ100A airplanes, certificated in any category; all 
models, and all serial numbers except airplanes that have 
incorporated auto-pressurization modification HCM50259A during 
production.

(d) Subject

    Air Transport Association (ATA) of America Code 21: Air 
Conditioning.

(e) Reason

    This AD was prompted by reports of cracking and surface 
anomalies of the fuselage skin at the water trap/air drier unit of 
the forward discharge valve due to corrosion. We are issuing this AD 
to detect and correct bulging, surface anomalies, and cracking that 
could propagate towards the forward discharge valve outlet and 
result in the failure of the fuselage skin, leading to a possible 
sudden loss of cabin pressure.

(f) Compliance

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

(g) Detailed Inspection of External Fuselage Skin

    Within 12 months after the effective date of this AD, do a 
detailed inspection to check for bulging, surface anomalies, and 
cracking of the fuselage skin adjacent to the discharge valve 
outlets (one frame fore and aft, one stringer above and below), in 
accordance with the Accomplishment Instructions of BAE SYSTEMS 
(OPERATIONS) LIMITED Inspection Service Bulletin ISB.21-162, 
Revision 1, dated September 16, 2010. Repeat the inspection 
thereafter at intervals not to exceed 24 months.
    (1) If any bulging, surface anomalies, or cracking of the 
fuselage skin is found to be within the criteria defined in Subject 
53-00-00, ``Fuselage, General Description,'' of Chapter 53, 
``Fuselage,'' of the BAE SYSTEMS BAe 146 Series/AVRO 146-RJ Series 
Structural Repair Manual for Series 100-200, Revision 66, dated 
October 15, 2011 (for Model 146-100A and -200A, and Avro 146-RJ70A 
and 146-RJ85A airplanes); or Subject 53-00-00, ``Fuselage, General 
Description,'' of Chapter 53, ``Fuselage,'' of the BAe SYSTEMS BAE 
146 Series/AVRO 146-RJ Series Structural Repair Manual for Series 
300, Revision 44, dated October 15, 2011 (for Model 146-300A and 
Avro 146-RJ100A airplanes): Before further flight, repair the 
damage, in accordance with the Accomplishment Instructions specified 
in BAE SYSTEMS (Operations) Limited Inspection Service Bulletin 
ISB.21-162, Revision 1, dated September 16, 2010.
    (2) If any bulging, surface anomalies, or cracking of the 
fuselage skin is found exceeding the criteria as specified by 
Subject 53-00-00, ``Fuselage, General Description,'' of Chapter 53, 
``Fuselage,'' of the BAE SYSTEMS BAe 146 Series/AVRO 146-RJ Series 
Structural Repair Manual for Series 100-200, Revision 66, dated 
October 15, 2011 (for Model 146-100A and -200A, and Avro 146-RJ70A 
and 146-RJ85A airplanes); or Subject 53-00-00, ``Fuselage, General 
Description,'' of Chapter 53, ``Fuselage,'' of the BAE SYSTEMS BAE 
146/AVRO 146-RJ Series Structural Repair Manual for Series 300, 
Revision 44, dated October 15, 2011 (for Model 146-300A and Avro 
146-RJ100A airplanes): Before further flight, repair the condition 
according to a method approved by the Manager, International Branch, 
ANM-116, Transport Airplane Directorate, FAA, or EASA (or its 
delegated agent).

[[Page 20574]]

(h) Application of Sealant

    Within 24 months after the effective date of this AD, unless a 
repair has already been accomplished in accordance with paragraph 
(g) of this AD: Apply additional PR1422A-2 or PR1764-2 edge sealant 
between the water trap/air drier and the fuselage skin, in 
accordance with the Accomplishment Instructions of BAE SYSTEMS 
(OPERATIONS) LIMITED Inspection Service Bulletin ISB.21-162, 
Revision 1, dated September 16, 2010. Application of additional 
sealant does not constitute terminating actions for the repetitive 
detailed inspection required by paragraph (g) of this AD. 
Accomplishment of a repair as required by paragraph (g) of this AD 
terminates the repetitive inspection requirements of this AD.

(i) Credit for Previous Actions

    (1) This paragraph provides credit for inspections and sealant 
applications required by paragraphs (g) and (h) of this AD, if those 
actions were performed using the Accomplishment Instructions of BAE 
SYSTEMS (OPERATIONS) LIMITED Inspection Service Bulletin ISB.21-162, 
dated June 7, 2010.
    (2) This paragraph provides credit for using criteria defined in 
the following subject of the applicable structural repair manual, as 
required by paragraphs (g)(1) and (g)(2) of this AD, if that 
criteria was used before the effective date of this AD using Subject 
53-00-00, ``Fuselage, General Description,'' of Chapter 53, 
``Fuselage,'' of the BAE SYSTEMS BAe 146 Series/AVRO 146-RJ Series 
Structural Repair Manual for Series 100-200, Revision 65, dated 
September 15, 2010 (for Model 146-100A and -200A, and Avro 146-RJ70A 
and 146-RJ85A airplanes); or Subject 53-00-00, ``Fuselage, General 
Description,'' of Chapter 53, ``Fuselage,'' of the BAE SYSTEMS BAe 
146 Series/AVRO 146-RJ Series Structural Repair Manual for Series 
300, Revision 43, dated September 15, 2010 (for Model 146-300A and 
Avro 146-RJ100A airplanes).

(j) Other FAA AD Provisions

    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. 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; phone 425-227-1175; fax 425-227-1149. 
Information may be emailed 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.

(k) Related Information

    Refer to MCAI EASA Airworthiness Directive 2011-0099, dated May 
26, 2011, and the service information identified in paragraphs 
(k)(1), (k)(2), and (k)(3) of this AD, for related information.
    (1) BAE SYSTEMS (OPERATIONS) LIMITED Inspection Service Bulletin 
ISB.21-162, Revision 1, dated September 16, 2010.
    (2) Subject 53-00-00, ``Fuselage, General Description,'' of 
Chapter 53, ``Fuselage,'' of the BAE SYSTEMS BAe 146 Series/AVRO 
146-RJ Series Structural Repair Manual for Series 100-200, Revision 
66, dated October 15, 2011.
    (3) Subject 53-00-00, ``Fuselage, General Description,'' of 
Chapter 53, ``Fuselage,'' of the BAE SYSTEMS BAe 146 Series/AVRO 
146-RJ Series Structural Repair Manual for Series 300, Revision 44, 
dated October 15, 2011.

    Issued in Renton, Washington, on March 28, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-8128 Filed 4-4-12; 8:45 am]
BILLING CODE 4910-13-P