[Federal Register Volume 87, Number 139 (Thursday, July 21, 2022)]
[Rules and Regulations]
[Pages 43400-43403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15485]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0508; Project Identifier MCAI-2021-01120-T; 
Amendment 39-22118; AD 2022-14-13]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited 
Airplanes

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

ACTION: Final rule.

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

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2015-07-
05, which applied to all BAE Systems (Operations) Limited Model BAe 146 
series airplanes and Model Avro 146-RJ series airplanes. AD 2015-07-05 
required 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. This AD continues to require the 
actions in AD 2015-07-05, at certain revised compliance times, and also 
requires repetitive low frequency eddy current (LFEC) inspections for 
any cracking, corrosion, and other defects in the aft skin lap joints 
of the rear fuselage and in the fuselage skin panels, and repair if 
necessary. 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; and that repetitive LFEC inspections in the 
rear fuselage aft skin lap joints and in the fuselage skin panels are 
necessary. Certain compliance times must also be revised. The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective August 25, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of August 25, 
2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of May 
19, 2015 (80 FR 19871, April 14, 2015).

[[Page 43401]]


ADDRESSES: For service information identified in this final rule, 
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 https://www.baesystems.com/Businesses/RegionalAircraft/index.htm. You may view 
this referenced service information at the FAA, Airworthiness Products 
Section, Operational Safety Branch, 2200 South 216th St., Des Moines, 
WA. For information on the availability of this material at the FAA, 
call 206-231-3195. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2022-
0508.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2022-
0508; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this final rule, any comments received, and other information. The 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
Large Aircraft Section, International Validation Branch, FAA, 2200 
South 216th St., Des Moines, WA 98198; telephone 206-231-3228; email 
[email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The Civil Aviation Authority (CAA), which is the aviation authority 
for the United Kingdom, has issued CAA AD G-2021-0008, dated September 
8, 2021 (also referred to 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. You may examine the MCAI in the AD docket 
on the internet at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2022-0508.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2015-07-05, Amendment 39-18133 (80 FR 
19871, April 14, 2015) (AD 2015-07-05). AD 2015-07-05 applied 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 May 6, 2022 (87 FR 27037). The NPRM 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; and that 
repetitive LFEC inspections in the rear fuselage aft skin lap joints 
and in the fuselage skin panels are necessary. Certain compliance times 
must also be revised. The NPRM proposed to continue the actions 
required in AD 2015-07-05, at certain revised compliance times, and 
also require repetitive LFEC inspections for any cracking, corrosion, 
and other defects in the aft skin lap joints of the rear fuselage and 
in the fuselage skin panels, and repair if necessary. The FAA is 
issuing this AD to address cracking, corrosion, and other defects on 
the rear fuselage aft skin joints and frames and in the fuselage 
panels, which could affect the structural integrity of the airplane. 
See the MCAI for additional background information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    The FAA reviewed the relevant data and determined that air safety 
requires adopting this AD as proposed. Except for minor editorial 
changes, this AD is adopted as proposed in the NPRM. None of the 
changes will increase the economic burden on any operator. Accordingly, 
the FAA is issuing this AD to address the unsafe condition on these 
products.

Related Service Information Under 1 CFR Part 51

    BAE Systems (Operations) Limited has issued Inspection Service 
Bulletin 53-239, Revision 5, including Appendix 2, Revision 5, and 
Appendix 3, Revision 1, all dated March 2, 2017. This service 
information describes procedures for repetitive external eddy current 
and LFEC inspections on the aft skin lap joints of the rear fuselage 
and in the fuselage skin panels, for any cracking, corrosion, and other 
defects (e.g., surface damage and spot displacement); and repair if 
necessary.
    This AD also requires BAE Systems (Operations) Limited Inspection 
Service Bulletin 53-239, including Appendix 2, Revision 3, dated May 7, 
2014, which the Director of the Federal Register approved for 
incorporation by reference as of May 19, 2015 (80 FR 19871, April 14, 
2015).
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 20 airplanes of U.S. 
registry.
    The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                    Parts
            Action                  Labor cost       cost       Cost per  product       Cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD        8 work-hours x          $0  $680 per inspection cycle  $13,600 per inspection
 2015[dash]07[dash]05.           $85 per hour =                                         cycle.
                                 $680 per
                                 inspection cycle.
New proposed actions..........  5 work-hours x           0  $425.....................  $8,500 per inspection
                                 $85 per hour =                                         cycle.
                                 $425.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the repairs 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

[[Page 43402]]

detail the scope of the Agency's authority.
    The FAA is 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

    The FAA 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) Will not affect intrastate aviation in Alaska, 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

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:
0
a. Removing Airworthiness Directive (AD) 2015-07-05, Amendment 39-18133 
(80 FR 19871, April 14, 2015); and
0
b. Adding the following new AD:

2022-14-13 BAE Systems (Operations) Limited: Amendment 39-22118; 
Docket No. FAA-2022-0508; Project Identifier MCAI-2021-01120-T.

(a) Effective Date

    This airworthiness directive (AD) is effective August 25, 2022.

(b) Affected Airworthiness Directives (ADs)

    This AD replaces AD 2015-07-05, Amendment 39-18133 (80 FR 19871, 
April 14, 2015) (AD 2015-07-05).

(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; and that repetitive low frequency eddy 
current (LFEC) inspections in the rear fuselage aft skin lap joints 
and in the fuselage skin panels are necessary. Certain compliance 
times must also be revised. The FAA is issuing this AD to address 
cracking, corrosion, and other defects on the rear fuselage aft skin 
joints and frames and in the fuselage panels, which could affect the 
structural integrity of the airplane.

(f) Compliance

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

(g) Retained Repetitive Inspections, With New Service Information

    This paragraph restates the requirements of paragraph (g) of AD 
2015-07-05, with new service information.
    (1) Within the compliance times specified in paragraphs 
(g)(1)(i) and (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; or paragraph 2. of the Accomplishment 
Instructions of BAE Systems (Operations) Limited Inspection Service 
Bulletin 53-239, Revision 5, including Appendix 2, Revision 5, and 
Appendix 3, Revision 1, all dated March 2, 2017. As of the effective 
date of this AD, use BAE Systems (Operations) Limited Inspection 
Service Bulletin 53-239, Revision 5, including Appendix 2, Revision 
5, and Appendix 3, Revision 1, all dated March 2, 2017, only.
    (i) For any airplane which has accumulated 9,000 flight cycles 
or more since the airplane's first flight as of May 19, 2015 (the 
effective date of AD 2015-07-05): Do the inspection within 1,000 
flight cycles or 6 months after May 19, 2015, whichever occurs 
first.
    (ii) For any airplane which has accumulated less than 9,000 
flight cycles since the airplane's first flight as of May 19, 2015 
(the effective date of AD 2015-07-05): 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 (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 premodification HCM50070E, and premodification 
HCM50070F, and premodification HCM50259A, repeat the inspection at 
intervals not to exceed 7,500 flight cycles.

(h) Retained Corrective Action With Revised Repair Approval

    This paragraph restates the requirements of paragraph (h) of AD 
2015-07-05, with revised repair approval. If any cracking, 
corrosion, or other defect is found during any inspection required 
by AD 2015-07-05: Before further flight as of May 19, 2015 (the 
effective date of AD 2015-07-05), repair using a method approved by 
the Manager, Large Aircraft Section, International Validation 
Branch, 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. As of the effective date of this AD, 
repair approvals must be obtained through the Manager, Large 
Aircraft Section, International Validation Branch, FAA; or the Civil 
Aviation Authority of the United Kingdom (UK CAA); or BAE Systems 
(Operations) Limited's UK CAA DOA.

(i) New Requirement of This AD: Repetitive LFEC Inspections

    After the effective date of this AD, at the applicable times 
specified in paragraph 1.D. ``Compliance'' of BAE Systems 
(Operations) Limited Inspection Service Bulletin 53-239, Revision 5, 
including Appendix 2, Revision 5, and Appendix 3, Revision 1, all 
dated March 2, 2017: Do an LFEC inspection for any cracking, 
corrosion, and other defects in the aft skin lap joints of the rear 
fuselage and in the fuselage skin panels, in accordance with 
paragraph ``1. Procedure'' of Appendix 2 and Appendix 3 of BAE 
Systems (Operations) Limited Inspection Service Bulletin 53-239, 
Revision 5, including Appendix 2, Revision 5, and Appendix 3, 
Revision 1, all dated March 2, 2017. Repeat the LFEC inspection 
thereafter at intervals not to exceed the times specified in 
paragraph 1.D. ``Compliance'' of BAE

[[Page 43403]]

Systems (Operations) Limited Inspection Service Bulletin 53-239, 
Revision 5, including Appendix 2, Revision 5, and Appendix 3, 
Revision 1, all dated March 2, 2017.

(j) New Requirement of This AD: 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, Large Aircraft Section, 
International Validation Branch, FAA; or the UK CAA; or BAE Systems 
(Operations) Limited's UK CAA 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 (i) of this AD.

(k) Credit for Previous Actions

    This paragraph provides credit for the following actions 
required by this AD.
    (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 May 19, 2015 (the effective date of AD 2015-07-05), 
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 May 19, 2015 (the effective date 
of AD 2015-07-05), 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 May 19, 2015 (the effective date 
of AD 2015-07-05), 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.
    (4) 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 May 19, 2015 (the effective date 
of AD 2015-07-05), using BAE Systems (Operations) Limited Inspection 
Service Bulletin 53-239, including Appendix 2, Revision 3, dated May 
7, 2014, which was incorporated by reference in AD 2015-07-05, 
Amendment 39-18133 (80 FR 19871, April 14, 2015).
    (5) This paragraph provides credit for the actions required by 
paragraph (i) 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 4, including Appendix 
2, Revision 4, and Appendix 3, Initial issue, dated March 31, 2016.

(l) No Reporting Requirement

    Although BAE Systems (Operations) Limited Inspection Service 
Bulletin 53-239, Revision 5, including Appendix 2, Revision 5, and 
Appendix 3, Revision 1, all dated March 2, 2017, specifies to report 
inspection findings, this AD does not require any report.

(m) Other FAA AD Provisions

    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Large Aircraft Section, International Validation Branch, 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 responsible Flight 
Standards Office, as appropriate. If sending information directly to 
the Large Aircraft Section, International Validation Branch, send it 
to the attention of the person identified in paragraph (n)(2) of 
this AD. Information may be emailed to: [email protected].
    (i) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the responsible Flight Standards Office.
    (ii) AMOCs for the repetitive external eddy current inspections 
approved previously for AD 2015-07-05 are approved as AMOCs for the 
corresponding actions in paragraph (g) of this AD.
    (2) Contacting the Manufacturer: As of the effective date of 
this AD, for any requirement in this AD to obtain instructions from 
a manufacturer, the instructions must be accomplished using a method 
approved by the Manager, Large Aircraft Section, International 
Validation Branch, FAA; or the UK CAA; or BAE Systems (Operations) 
Limited's UK CAA DOA. If approved by the DOA, the approval must 
include the DOA-authorized signature.

(n) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) CAA AD G-2021-0008, dated September 8, 2021, for related 
information. This MCAI may be found in the AD docket on the internet 
at https://www.regulations.gov by searching for and locating Docket 
No. FAA-2022-0508.
    (2) For more information about this AD, contact Todd Thompson, 
Aerospace Engineer, Large Aircraft Section, International Validation 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
206-231-3228; email [email protected].
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (o)(5) and (6) of this AD.

(o) 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.
    (3) The following service information was approved for IBR on 
August 25, 2022.
    (i) BAE Systems (Operations) Limited Inspection Service Bulletin 
53-239, Revision 5, including Appendix 2, Revision 5, and Appendix 
3, Revision 1, all dated March 2, 2017.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
May 19, 2015 (80 FR 19871, April 14, 2015).
    (i) BAE Systems (Operations) Limited Inspection Service Bulletin 
53-239, including Appendix 2, Revision 3, dated May 7, 2014.
    (ii) [Reserved]
    (5) 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 https://www.baesystems.com/Businesses/RegionalAircraft/index.htm.
    (6) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 
South 216th St., Des Moines, WA. For information on the availability 
of this material at the FAA, call 206-231-3195.
    (7) 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, email [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on June 30, 2022.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2022-15485 Filed 7-20-22; 8:45 am]
BILLING CODE 4910-13-P