[Federal Register Volume 89, Number 110 (Thursday, June 6, 2024)]
[Proposed Rules]
[Pages 48348-48351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12195]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-1478; Project Identifier MCAI-2023-01216-T]
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: The FAA proposes to adopt a new airworthiness directive (AD) 
for all

[[Page 48349]]

BAE Systems (Operations) Limited Model BAe 146 and Avro 146-RJ series 
airplanes. This proposed AD was prompted by a report of cracking on the 
radius of the rib 0 forward longeron at frame 26. This proposed AD 
would require a one-time inspection for defects of the radius, and 
repair if necessary. The FAA is proposing this AD to address the unsafe 
condition on these products.

DATES: The FAA must receive comments on this proposed AD by July 22, 
2024.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to 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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2024-1478; 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 NPRM, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For BAE System service information, 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]; website baesystems.com/en/our-company/our-businesses/regional-aircraft/about-us.
     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.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 206-231-3228; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2024-1478; Project Identifier 
MCAI-2023-01216-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to Todd 
Thompson, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 
410, Westbury, NY 11590; telephone 206-231-3228; email 
[email protected]. Any commentary that the FAA receives which is 
not specifically designated as CBI will be placed in the public docket 
for this rulemaking.

Background

    The Civil Aviation Authority (CAA), which is the aviation authority 
for the United Kingdom (UK), has issued UK CAA AD G-2023-0006, dated 
November 24, 2023 (UK CAA AD G-2023-0006) (also referred to after this 
as the MCAI), to correct an unsafe condition on all BAE Systems 
(Operations) Limited Model BAe 146 and Avro 146-RJ series airplanes. 
The MCAI states that an operator reported that during routine 
maintenance, cracking was found on the radius of the rib 0 forward 
longeron at frame 26. The cracking initiated close to a local blend in 
the radius. Failure of the rib 0 forward longeron could lead to 
structural failure of adjacent structure, leading to failure of the 
fuselage skin, and could result in rapid decompression and possible 
loss of the airplane.
    The FAA is proposing this AD to address the unsafe condition on 
these products.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2024-1478.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed BAE Systems (Operations) Limited Inspection 
Service Bulletin ISB.53-249, dated August 25, 2023. This service 
information specifies procedures for performing a detailed inspection 
for any defects (rough edges, nicks, or visible cracking) and for any 
evidence of blending or undercutting of the radius and flanges of the 
rib 0 forward longeron at frame 26, performing a high frequency eddy 
current (HFEC) inspection of the radius of the rib 0 forward longeron 
at frame 26, and obtaining and following repair instructions. 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.

FAA's Determination

    This product has been approved by the aviation authority of another 
country and is approved for operation in the United States. Pursuant to 
the FAA's bilateral agreement with this State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI and 
service information referenced above. The FAA is issuing this NPRM 
after determining that the unsafe condition described previously is 
likely to exist or develop on other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in the service information already described.

Interim Action

    The FAA considers that this proposed AD would be an interim action. 
If final action is later identified, the FAA might consider further 
rulemaking then.

[[Page 48350]]

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 20 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
2 work-hours x $85 per hour = $170...........................              $0             $170           $3,400
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition repairs 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.
    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 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) Would not affect intrastate aviation in Alaska, and
    (3) Would 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:

BAE Systems (Operations) Limited: Docket No. FAA-2024-1478; Project 
Identifier MCAI-2023-01216-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by July 22, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all BAE Systems (Operations) Limited 
airplanes identified in paragraphs (c)(1) and (2) of this AD, 
certificated in any category.
    (1) Model BAe 146-100A, -200A, and -300A airplanes.
    (2) Model Avro 146-RJ70A, -RJ85A, and -RJ100A airplanes.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a report of cracking on the radius of 
the rib 0 forward longeron at frame 26. The FAA is issuing this AD 
to address cracking of the radius of the rib 0 forward longeron at 
frame 26. The unsafe condition, if not addressed, could result in 
failure of the rib 0 forward longeron, which could lead to failure 
of an adjacent structure, leading to failure of the fuselage skin, 
and could result in rapid decompression and possible loss of the 
airplane.

(f) Compliance

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

(g) Inspection and Corrective Actions

    Within 4 months after the effective date of this AD, do a visual 
and a high frequency eddy current inspection for defects of the 
radius of the rib 0 forward longeron at frame 26, in accordance with 
the Accomplishment Instructions of BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.53-249, dated August 25, 2023. If 
any cracking or defects are found, repair before further flight, in 
accordance with a method approved by the Manager, International 
Validation Branch, FAA; or the United Kingdom Civil Aviation 
Authority (UK CAA); or BAE Systems (Operations) Limited's UK CAA's 
Design Organization Approval (DOA). If the method is approved by the 
DOA, the approval must include the DOA-authorized signature.

(h) Reporting Requirement

    Report positive inspection results at the applicable time 
specified in paragraph (h)(1) or (2) of this AD using the Inspection 
Report form in Appendix 1 of BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.53-249, dated August 25, 2023.
    (1) If the inspection was done on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (2) If the inspection was done before the effective date of this 
AD: Submit the report within 30 days after the effective date of 
this AD.

(i) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
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 manager of the 
International Validation Branch, mail it to the address identified 
in paragraph (j) of this AD. 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 responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, International 
Validation Branch, FAA; or the UK CAA; or BAE Systems (Operations) 
Limited's UK CAA's

[[Page 48351]]

DOA. If approved by the DOA, the approval must include the DOA-
authorized signature.

(j) Additional Information

    For more information about this AD, contact Todd Thompson, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 206-231-3228; email 
[email protected].

(k) 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 
ISB.53-249, dated August 25, 2023.
    (ii) [Reserved]
    (3) For BAE Systems service information, 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]; website baesystems.com/en/our-company/our-businesses/regional-aircraft/about-us.
    (4) You may view this material 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.
    (5) You may view this material at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on May 28, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-12195 Filed 6-5-24; 8:45 am]
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