
[Federal Register: February 18, 2009 (Volume 74, Number 31)]
[Proposed Rules]
[Page 7565-7568]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18fe09-14]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0133; Directorate Identifier 2008-NM-107-AD]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited Model
BAe 146 and Avro 146-RJ Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede an existing airworthiness
directive (AD) that applies to all BAE Systems (Operations) Limited
Model BAe 146 and Avro 146-RJ airplanes. The existing AD currently
requires repetitive inspections for corrosion of frames 15, 18, 41, and
43 and applicable related investigative and corrective actions. The
existing AD also provides an optional action that would extend the
repetitive inspection interval. This proposed AD would add a high
frequency eddy current inspection for corrosion of the outer frame
flanges and door hinge bosses of frames 15, 18, 41, and 43. This
proposed AD results from a report indicating that corrosion has been
detected in the outer frame flanges and door hinge bosses during
scheduled maintenance. We are proposing this AD to prevent reduced
structural integrity of the airplane.

DATES: We must receive comments on this proposed AD by March 20, 2009.

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 20590, 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 Regional Aircraft, 13850 McLearen Road, Herndon, Virginia
20171; telephone 703-736-1080; e-mail raebusiness@baesystems.com;
Internet

[[Page 7566]]

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 or 425-227-1152.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; 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 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; 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-2009-0133;
Directorate Identifier 2008-NM-107-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 because of 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

    On May 31, 2006, we issued AD 2006-12-09, amendment 39-14634 (71 FR
33602, June 12, 2006), for certain BAE Systems (Operations) Limited
Model BAe 146 and Avro 146-RJ airplanes. That AD requires repetitive
inspections for corrosion of frames 15, 18, 41, and 43 and applicable
related investigative and corrective actions. That AD also provides an
optional action that would extend the repetitive inspection interval.
That AD resulted from a report indicating that in some cases the
inspections required by an existing AD revealed no damage, yet frame
corrosion and cracking were later found during scheduled maintenance in
the two forward fuselage frames 15 and 18. We issued that AD to prevent
reduced structural integrity of the airplane.

Actions Since Existing AD Was Issued

    Since we issued AD 2006-12-09, we have received a report indicating
that corrosion has been detected in the outer frame flanges and door
hinge bosses during scheduled maintenance.

Relevant Service Information

    BAE Systems (Operations) Limited has issued Inspection Service
Bulletin ISB.53-182, Revision 1, dated August 6, 2007. We referred to
BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53-
182, dated March 16, 2005, as the appropriate source of service
information for accomplishing the required actions of AD 2006-12-09.
The procedures in Revision 1 are essentially the same as the original
issue of the service bulletin, except Revision 1 of the service
bulletin adds procedures for doing a high frequency eddy current (HFEC)
inspection for corrosion of the outer frame flanges and door hinge
bosses of frames 15, 18, 41, and 43. Accomplishing the actions
specified in the service information is intended to adequately address
the unsafe condition. The European Aviation Safety Agency mandated the
service information and issued airworthiness directive 2008-0092 R1,
dated May 15, 2008 (referred to after this as ``the MCAI''), to ensure
the continued airworthiness of these airplanes in the European Union.
The compliance times for the new actions are the same as for the
existing actions.

FAA's Determination and Requirements of the 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.
    This proposed AD would supersede AD 2006-12-09 and would retain the
requirements of the existing AD. This proposed AD would also require
accomplishing the additional inspection specified in the service
bulletin described previously.

Change to Existing AD

    This proposed AD would retain all requirements of AD 2006-12-09.
Since AD 2006-12-09 was issued, the AD format has been revised, and
certain paragraphs have been rearranged. As a result, the corresponding
paragraph identifiers have changed in this proposed AD, as listed in
the following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
                                            Corresponding requirement in
       Requirement in AD  2006-12-09              this proposed AD
------------------------------------------------------------------------
Paragraph (f).............................  Paragraph (g).
Paragraph (g).............................  Paragraph (h).
Paragraph (h).............................  Paragraph (i).
Paragraph (i).............................  Paragraph (p).
Paragraph (j).............................  Paragraph (j).
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Costs of Compliance

    The following table provides the estimated costs for U.S. operators
to comply with this proposed AD.

                                                 Estimated Costs
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                                                                                  Number of U.S.-
             Action                 Work hours     Average labor     Cost per       registered      Fleet cost
                                                   rate per hour     airplane        airplanes
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HFEC inspection, per inspection                5             $80            $400               1            $400
 cycle (required by AD 2006-12-
 09)............................
Detailed Inspection, per                       3              80             240               1             240
 inspection cycle (required by
 AD 2006-12-09).................

[[Page 7567]]


HFEC inspection, per inspection                5              80             400               1             400
 cycle (new proposed action)....
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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 have 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 the 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); 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.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket. See the
ADDRESSES section for a location to examine the regulatory evaluation.

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 Federal Aviation Administration (FAA) amends Sec.  39.13 by
removing amendment 39-14634 (71 FR 33602, June 12, 2006) and adding the
following new airworthiness directive (AD):

BAE Systems (Operations) Limited (Formerly British Aerospace
Regional Aircraft): Docket No. FAA-2009-0133; Directorate Identifier
2008-NM-107-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by March 20,
2009.

Affected ADs

    (b) This AD supersedes AD 2006-12-09.

Applicability

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

Subject

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

Unsafe Condition

    (e) This AD results from a report indicating that corrosion has
been detected in the outer frame flanges and door hinge bosses
during scheduled maintenance. We are issuing this AD to prevent
reduced structural integrity of the airplane.

Compliance

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

Restatement of Requirements of AD 2006-12-09

Repetitive Inspections

    (g) Use high-frequency eddy current (HFEC) and detailed methods
to inspect for signs of corrosion (including cracks, blistering, or
flaking paint) of frames 15, 18, 41, and 43, in accordance with the
Accomplishment Instructions of BAE Systems (Operations) Limited
Inspection Service Bulletin ISB.53-182, dated March 16, 2005, except
as required by paragraph (k) of this AD. Inspect at the applicable
time specified in 1.D. ``Compliance'' of BAE Systems (Operations)
Limited Inspection Service Bulletin ISB.53-182, dated March 16,
2005. Application of corrosion-preventive treatment, in accordance
with BAE Systems (Operations) Limited Inspection Service Bulletin
ISB.53-182, dated March 16, 2005; or Revision 1, dated August 6,
2007; extends the repetitive inspection interval, as specified in
Table 2 in 1.D. ``Compliance'' of BAE Systems (Operations) Limited
Inspection Service Bulletin ISB.53-182, dated March 16, 2005.

    Note 1: For the purposes of this AD, a detailed inspection is:
``An intensive examination of a specific item, installation, or
assembly to detect damage, failure, or irregularity. Available
lighting is normally supplemented with a direct source of good
lighting at an intensity deemed appropriate. Inspection aids such as
mirror, magnifying lenses, etc., may be necessary. Surface cleaning
and elaborate procedures may be required.''

Corrective Action

    (h) If any discrepancy is found during any inspection required
by paragraph (g) of this AD: Before further flight, perform
applicable related investigative/corrective actions in accordance
with the Accomplishment Instructions of BAE Systems (Operations)
Limited Inspection Service Bulletin ISB.53-182, dated March 16,
2005, except as required by paragraphs (i) and (k) of this AD.

Exceptions to Service Bulletin Specifications

    (i) If BAE Systems (Operations) Limited Inspection Service
Bulletin ISB.53-182, dated March 16, 2005, specifies to contact the
manufacturer for appropriate action, before further flight, repair
per a method approved by the Manager, International Branch, ANM-116,
Transport Airplane Directorate, FAA; or the Civil Aviation Authority
(or its delegated agent); or European Aviation Safety Agency (EASA)
(or its delegated agent).
    (j) Where BAE Systems (Operations) Limited Inspection Service
Bulletin ISB.53-182, dated March 16, 2005, specifies a compliance
time after the issuance of the service bulletin, this AD requires
compliance within the specified compliance time after July 17, 2006
(the effective date of AD 2006-12-09). Where BAE Systems
(Operations) Limited Inspection Service Bulletin ISB.53-182, dated
March 16, 2005, specifies a

[[Page 7568]]

compliance time ``since date of construction'' of the airplane, this
AD requires compliance since the date of issuance of the original
standard airworthiness certificate or the date of issuance of the
original export certificate of airworthiness.

New Requirements of This AD

New Service Bulletin

    (k) As of the effective date of this AD: Do the actions required
by paragraphs (g) and (h) of this AD in accordance with the
Accomplishment Instructions of BAE Systems (Operations) Limited
Inspection Service Bulletin ISB.53-182, Revision 1, dated August 6,
2007, except as required by paragraph (n) of this AD.

Additional Inspection Areas

    (l) At the applicable compliance time specified in paragraph (g)
of this AD, except as provided by paragraph (o) of this AD; or
within six months after the effective date of this AD; whichever
occurs later: Do an HFEC inspection for corrosion of the outer frame
flanges and door hinge bosses of frames 15, 18, 41, and 43, in
accordance with the Accomplishment Instructions of BAE Systems
(Operations) Limited Inspection Service Bulletin ISB.53-182,
Revision 1, dated August 6, 2007 (``the service bulletin''). Repeat
the inspection thereafter at the applicable time specified in
paragraph 1.D., ``Compliance,'' of the service bulletin. Application
of corrosion-preventive treatment, in accordance with the
Accomplishment Instructions of the service bulletin, extends the
repetitive inspection interval, as specified in Table 2 in paragraph
1.D., ``Compliance,'' of the service bulletin.

Corrective Action for Additional Inspection

    (m) If any discrepancy is found during any inspection required
by paragraph (l) of this AD: Before further flight, perform
applicable related investigative/corrective actions in accordance
with the Accomplishment Instructions of BAE Systems (Operations)
Limited Inspection Service Bulletin ISB.53-182, Revision 1, dated
August 6, 2007, except as required by paragraph (n) of this AD.

Exception to BAE Systems (Operations) Limited Inspection Service
Bulletin ISB.53-182, Revision 1

    (n) If BAE Systems (Operations) Limited Inspection Service
Bulletin ISB.53-182, Revision 1, dated August 6, 2007, specifies to
contact the manufacturer for appropriate action, before further
flight, repair per a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or EASA (or
its delegated agent).
    (o) Where BAE Systems (Operations) Limited Inspection Service
Bulletin ISB.53-182, Revision 1, dated August 6, 2007, specifies a
compliance time after the issuance of the service bulletin, this AD
requires compliance within the specified compliance time after the
effective date of this AD. Where BAE Systems (Operations) Limited
Inspection Service Bulletin ISB.53-182, Revision 1, dated August 6,
2007, specifies a compliance time ``since date of construction'' of
the airplane, this AD requires compliance since the date of issuance
of the original airworthiness certificate or the date of issuance of
the original export certificate of airworthiness.

No Reporting

    (p) Although BAE Systems (Operations) Limited Inspection Service
Bulletin ISB.53-182, dated March 16, 2005; and Revision 1, dated
August 6, 2007; specify to submit information to the manufacturer,
this AD does not include such a requirement.

Alternative Methods of Compliance (AMOCs)

    (q) The Manager, International Branch, ANM-116, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. Send information to ATTN: Todd
Thompson, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
Washington 98057-3356; telephone (425) 227-1175; fax (425) 227-1149.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.

Related Information

    (r) European Aviation Safety Agency airworthiness directive
2008-0092 R1, dated May 15, 2008, also addresses the subject of this
AD.

    Issued in Renton, Washington, on February 5, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-3400 Filed 2-17-09; 8:45 am]

BILLING CODE 4910-13-P
