[Federal Register Volume 79, Number 170 (Wednesday, September 3, 2014)]
[Proposed Rules]
[Pages 52260-52263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-20943]



[[Page 52260]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0621; Directorate Identifier 2013-NM-201-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 all 
BAE Systems (Operations) Limited Model BAe 146 series airplanes, and 
Model Avro 146-RJ series airplanes. This proposed AD was prompted by a 
report of a pressurization problem on an airplane during climb-out; a 
subsequent investigation showed a crack in the fuselage skin. This 
proposed AD would require repetitive external eddy current inspections 
on the aft skin lap joints of the rear fuselage for cracking, 
corrosion, and other defects, and repair if necessary. We are proposing 
this AD to detect and correct cracking, corrosion, and other defects, 
which could affect the structural integrity of the airplane.

DATES: We must receive comments on this proposed AD by October 20, 
2014.

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 view this referenced 
service information at the FAA, Transport Airplane Directorate, 1601 
Lind Avenue SW., Renton, WA. 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 by searching for and locating Docket No. FAA-2014-
0621; or in person at the Docket Management Facility 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, WA 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-2014-0621; 
Directorate Identifier 2013-NM-201-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 2013-0207, dated September 9, 2013 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for all BAE Systems 
(Operations) Limited Model BAe 146 series airplanes, and Model Avro 
146-RJ series airplanes. The MCAI states:

In 2012, a pressurisation problem occurred on an AVRO 146-RJ100 
aeroplane during climb-out. Subsequent investigation results 
identified a 42.87 inch (1089 mm) long crack in the fuselage skin in 
the rear fuselage drum, near the rear passenger door. The skin crack 
had initiated in the step of the skin land adjacent to a lap joint. 
In addition to the skin crack, cracks were found in Frames 41X and 
42.
    This condition, if not detected and corrected, could lead to 
degradation of the structural integrity of the aeroplane.
    Prompted by this finding, BAE Systems (Operations) Ltd issued 
Inspection Service Bulletin (ISB) 53-239, providing instructions to 
inspect the internal area of the rear fuselage drum for cracks, 
corrosion and any other defects and EASA issued AD 2012-0178 [http://ad.easa.europa.eu/blob/easa_ad_2012_0178_Superseded.pdf/AD_2012-0178_1] which required accomplishment of a 
one-time inspection of the affected fuselage area and, depending on 
findings, repair of cracked structural items. Following the issuance 
of that [EASA] AD, some new information on additional damage found 
on the aeroplane that had the pressurisation problem resulted in a 
further review of the cracking event. This review concluded that the 
event was more serious than previously considered and that the 
compliance time must be reduced in order to mitigate the risk of 
cracking on other aeroplanes. As a result, EASA issued AD 2012-0184 
[http://ad.easa.europa.eu/blob/easa_ad_2012_0184_superseded.pdf/AD_2012-0184_1] which superseded EASA AD 2012-0178.
    After analysing the responses to EASA AD 2012-0184, which 
covered the initial inspection of stringer 30, left hand (LH) and 
right hand (RH), BAE Systems (Operations) Ltd also assessed the 
similar design features at other skin lands in the rear fuselage 
drum, namely at stringer 2 right and stringers 11 and 18, LH and RH. 
As a result, they determined that inspections at the other stringers 
would be required and also that repeat inspections of all these 
stringers would be necessary. Consequently, BAE Systems (Operations) 
Ltd ISB.53-239 Revision 1 and 2 were issued to include these new 
inspections.
    For the reasons described above, this [EASA] AD retains the 
requirements of EASA AD 2012-0184, which is superseded, and requires 
accomplishment of additional inspections of the affected fuselage 
area, including repetitive inspections, and depending on findings, 
repair of cracked structural items.

The required actions include repetitive external eddy current 
inspections on the aft skin lap joints of the rear fuselage for 
cracking, corrosion, and other defects, and repair if necessary. You 
may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0621.

Relevant Service Information

    BAE Systems (Operations) Limited has issued Inspection Service 
Bulletin

[[Page 52261]]

53-239, Revision 2, dated July 15, 2013. 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 Proposed AD and the MCAI or Service 
Information

    EASA AD 2013-0207, dated September 9, 2013, specifies that, if any 
cracking, corrosion, or any other irregularity is detected during any 
inspection required by paragraph (1) of the EASA AD, owners/operators 
must contact BAE Systems (Operations) Limited before further flight for 
approved repair instructions, and within the compliance time specified 
in those instructions, must accomplish the repair accordingly. This AD 
requires that if any cracking, corrosion, or any other irregularity is 
found during any inspection, owners/operators must repair before 
further flight using a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or EASA; or BAE 
Systems (Operations) Limited's EASA Design Organization Approval (DOA). 
This difference has been coordinated with EASA.

``Contacting the Manufacturer'' Paragraph in This Proposed AD

    Since late 2006, we have included a standard paragraph titled 
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD 
based on a foreign authority's AD.
    The MCAI or referenced service information in an FAA AD often 
directs the owner/operator to contact the manufacturer for corrective 
actions, such as a repair. Briefly, the Airworthy Product paragraph 
allowed owners/operators to use corrective actions provided by the 
manufacturer if those actions were FAA-approved. In addition, the 
paragraph stated that any actions approved by the State of Design 
Authority (or its delegated agent) are considered to be FAA-approved.
    In an NPRM having Directorate Identifier 2012-NM-101-AD (78 FR 
78285, December 26, 2013), we proposed to prevent the use of repairs 
that were not specifically developed to correct the unsafe condition, 
by requiring that the repair approval provided by the State of Design 
Authority or its delegated agent specifically refer to the FAA AD. This 
change was intended to clarify the method of compliance and to provide 
operators with better visibility of repairs that are specifically 
developed and approved to correct the unsafe condition. In addition, we 
proposed to change the phrase ``its delegated agent'' to include a 
design approval holder (DAH) with State of Design Authority design 
organization approval (DOA), as applicable, to refer to a DAH 
authorized to approve required repairs for the proposed AD.
    One commenter to the NPRM having Directorate Identifier 2012-NM-
101-AD (78 FR 78285, December 26, 2013) stated the following: ``The 
proposed wording, being specific to repairs, eliminates the 
interpretation that Airbus messages are acceptable for approving minor 
deviations (corrective actions) needed during accomplishment of an AD 
mandated Airbus service bulletin.''
    This comment has made the FAA aware that some operators have 
misunderstood or misinterpreted the Airworthy Product paragraph to 
allow the owner/operator to use messages provided by the manufacturer 
as approval of deviations during the accomplishment of an AD-mandated 
action. The Airworthy Product paragraph does not approve messages or 
other information provided by the manufacturer for deviations to the 
requirements of the AD-mandated actions. The Airworthy Product 
paragraph only addresses the requirement to contact the manufacturer 
for corrective actions for the identified unsafe condition and does not 
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request 
the approval for an alternative method of compliance to the AD-required 
actions using the procedures found in 14 CFR 39.19.
    To address this misunderstanding and misinterpretation of the 
Airworthy Product paragraph, we have changed the paragraph and retitled 
it ``Contacting the Manufacturer.'' This paragraph now clarifies that 
for any requirement in this proposed AD to obtain corrective actions 
from a manufacturer, the actions must be accomplished using a method 
approved by the FAA, the European Aviation Safety Agency (EASA), or BAE 
Systems (Operations) Limited's EASA DOA.
    The Contacting the Manufacturer paragraph also clarifies that, if 
approved by the DOA, the approval must include the DOA-authorized 
signature. The DOA signature indicates that the data and information 
contained in the document are EASA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer 
that do not contain the DOA-authorized signature approval are not EASA-
approved unless EASA directly approves the manufacturer's message or 
other information.
    This clarification does not remove flexibility previously afforded 
by the Airworthy Product paragraph. Consistent with long-standing FAA 
policy, such flexibility was never intended for required actions. This 
is also consistent with the recommendation of the Airworthiness 
Directive Implementation Aviation Rulemaking Committee to increase 
flexibility in complying with ADs by identifying those actions in 
manufacturers' service instructions that are ``Required for 
Compliance'' with ADs. We continue to work with manufacturers to 
implement this recommendation. But once we determine that an action is 
required, any deviation from the requirement must be approved as an 
alternative method of compliance.
    We also have decided not to include a generic reference to either 
the ``delegated agent'' or ``design approval holder (DAH) with State of 
Design Authority design organization approval,'' but instead we have 
provided the specific delegation approval granted by the State of 
Design Authority for the DAH throughout this proposed AD.

Costs of Compliance

    We estimate that this proposed AD affects 1 airplane of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

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                                                 Estimated Costs
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                                                                                                 Cost on U.S.
             Action                    Labor cost         Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspection......................  8 work-hours x $85               $0   $680 per inspection  $680 per inspection
                                   per hour = $680                       cycle.               cycle.
                                   per inspection
                                   cycle.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition 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 proposed 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);
    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.

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

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 airworthiness 
directive (AD):

BAE Systems (Operations) Limited: Docket No. FAA-2014-0621; 
Directorate Identifier 2013-NM-201-AD.

(a) Comments Due Date

    We must receive comments by October 20, 2014.

(b) Affected ADs

    None.

(c) Applicability

    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.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by a report of a pressurization problem on 
an airplane during climb-out; a subsequent investigation showed a 
crack in the fuselage skin. We are issuing this AD to detect and 
correct cracking, corrosion, and other defects, which could affect 
the structural integrity of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Repetitive Inspections

    (1) Within the compliance times specified in paragraphs 
(g)(1)(i) and (g)(1)(ii) of this AD, as applicable: Do an external 
eddy current inspection on the aft skin lap joints of the rear 
fuselage for cracking, corrosion, and other defects (i.e. surface 
damage and spot displacement), in accordance with paragraph 2.C. of 
the Accomplishment Instructions of BAE Systems (Operations) Limited 
Inspection Service Bulletin 53-239, Revision 2, dated July 15, 2013.
    (i) For any airplane which has accumulated 9,000 flight cycles 
or more since the airplane's first flight as of the effective date 
of this AD: Do the inspection within 1,000 flight cycles or 6 months 
after of the effective date of this AD, whichever occurs first.
    (ii) For any airplane which has accumulated less than 9,000 
flight cycles since the airplane's first flight as the effective 
date of this AD: Do the inspection before accumulating 10,000 flight 
cycles since the airplane's first flight.
    (2) Repeat the inspection required by paragraph (g)(1) of this 
AD thereafter at intervals not to exceed the times specified in 
paragraphs (g)(2)(i) and (g)(2)(ii) of this AD, as applicable to the 
airplane's modification status.
    (i) For Model BAe 146 series airplanes and Model Avro 146-RJ 
series airplanes post modification HCM50070E, or post modification 
HCM50070F, or post modification HCM50259A, repeat the inspection at 
intervals not to exceed 4,000 flight cycles.
    (ii) For Model BAe 146 series airplanes and Model Avro 146-RJ 
series airplanes pre-modification HCM50070E, and pre-modification 
HCM50070F, and pre-modification HCM50259A, repeat the inspection at 
intervals not to exceed 7,500 flight cycles.

(h) Corrective Action

    If any cracking, corrosion, or other defect is found during any 
inspection required by this AD: Before further flight, repair using 
a method approved by the Manager, International Branch, ANM-116, 
Transport Airplane Directorate, FAA; or the European Aviation Safety 
Agency (EASA); or BAE Systems (Operations) Limited's EASA Design 
Organization Approval (DOA). If approved by the DOA, the approval 
must include the DOA-authorized signature. Accomplishment of the 
repair does not constitute a terminating action for the inspections 
required by paragraph (g) of this AD.

(i) Credit for Previous Actions

    (1) This paragraph provides credit for the initial inspection 
and corrective action on stringer 30, left hand (LH) and right hand 
(RH), as required by paragraph (g) of this AD, if those actions were 
performed before the effective date of this AD using BAE Systems 
(Operations) Limited Inspection Service Bulletin 53-239, dated June 
13, 2012, which is not incorporated by reference in this AD.
    (2) This paragraph provides credit for the initial inspection 
and corrective action, as required by paragraph (g) of this AD, if 
those actions were performed before the effective date of this AD 
using BAE Systems (Operations) Limited Inspection Service Bulletin 
53-239, Revision 1, dated June 18, 2013, which is not incorporated 
by reference in this AD.

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(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, 
WA 98057-3356; telephone 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) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or the 
European Aviation Safety Agency (EASA); or BAE Systems (Operations) 
Limited's EASA Design Organization Approval (DOA). If approved by 
the DOA, the approval must include the DOA-authorized signature.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2013-0207, dated September 9, 
2013, for related information. This MCAI may be found in the AD 
docket on the Internet at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2014-0621.
    (2) 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; email 
[email protected]; Internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm. You may view this referenced 
service information at the FAA, Transport Airplane Directorate, 1601 
Lind Avenue SW., Renton, WA. For information on the availability of 
this material at the FAA, call 425-227-1221.

     Issued in Renton, Washington, on August 25, 2014.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-20943 Filed 9-2-14; 8:45 am]
BILLING CODE 4910-13-P