[Federal Register Volume 80, Number 71 (Tuesday, April 14, 2015)]
[Rules and Regulations]
[Pages 19871-19873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-07800]



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  Federal Register / Vol. 80, No. 71 / Tuesday, April 14, 2015 / Rules 
and Regulations  

[[Page 19871]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0621; Directorate Identifier 2013-NM-201-AD; 
Amendment 39-18133; AD 2015-07-05]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited 
Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all BAE 
Systems (Operations) Limited Model BAe 146 series airplanes, and Model 
Avro 146-RJ series airplanes. 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. This AD requires 
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 issuing this AD to detect and 
correct cracking, corrosion, and other defects, which could affect the 
structural integrity of the airplane.

DATES: This AD becomes effective May 19, 2015.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of May 19, 2015.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0621; or in person at the 
Docket Management Facility, U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC.
    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. It is also available on 
the Internet at http://regulations.gov by searching for and locating 
Docket No. FAA-2014-0621.

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:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to all BAE Systems 
(Operations) Limited Model BAe 146 series airplanes, and Model Avro 
146-RJ series airplanes. The NPRM published in the Federal Register on 
September 3, 2014 (79 FR 52260).
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, 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/#!documentDetail;D=FAA-2014-0621-0002.

[[Page 19872]]

Actions Since Issuance of NPRM (79 FR 52260, September 3, 2014)

    Since we issued the NPRM (79 FR 52260, September 3, 2014), we have 
received BAE Systems (Operations) Limited Inspection Service Bulletin 
53-239, Revision 3, dated May 7, 2014. The new service information 
includes minor editorial changes.
    We have revised paragraph (g)(1) of this AD to refer to BAE Systems 
(Operations) Limited Inspection Service Bulletin 53-239, Revision 3, 
dated May 7, 2014. We have also revised paragraph (i) of this AD to 
provide credit for BAE Systems (Operations) Limited Inspection Service 
Bulletin 53-239, Revision 2, dated July 15, 2013.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (79 FR 52260, September 3, 
2014) or on the determination of the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting this AD as proposed, except for 
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (79 FR 52260, September 3, 2014) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (79 FR 52260, September 3, 2014).

Related Service Information Under 1 CFR Part 51

    BAE Systems (Operations) Limited has issued Inspection Service 
Bulletin 53-239, Revision 3, dated May 7, 2014. The service information 
describes an external eddy current inspection on the aft skin lap 
joints of the rear fuselage for cracking, corrosion, and other defects, 
and repair. The actions described in this service information are 
intended to correct the unsafe condition identified in the MCAI. This 
service information is reasonably available; see ADDRESSES for ways to 
access this service information.

Costs of Compliance

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

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

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=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 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.

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 adding the following new airworthiness 
directive (AD):

2015-07-05 BAE Systems (Operations) Limited: Amendment 39-18133. 
Docket No. FAA-2014-0621; Directorate Identifier 2013-NM-201-AD.

(a) Effective Date

    This AD becomes effective May 19, 2015.

(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-

[[Page 19873]]

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, including Appendix 2, Revision 
3, dated May 7, 2014.
    (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.
    (3) 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 2, dated July 15, 2013, which is not incorporated 
by reference in this AD.

(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 EASA; or 
BAE Systems (Operations) Limited's EASA 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/#!documentDetail;D=FAA-2014-0621-0002.
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (l)(3) and (l)(4) of this AD.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) BAE Systems (Operations) Limited Inspection Service Bulletin 
53-239, including Appendix 2, Revision 3, dated May 7, 2014.
    (ii) Reserved.
    (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; email 
[email protected]; Internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm.
    (4) You may view this 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.
    (5) You may view this 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/cfr/ibr-locations.html.

    Issued in Renton, Washington, on March 19, 2015.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2015-07800 Filed 4-13-15; 8:45 am]
BILLING CODE 4910-13-P