
[Federal Register: August 18, 2009 (Volume 74, Number 158)]
[Rules and Regulations]
[Page 41605-41607]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18au09-4]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0532; Directorate Identifier 2008-NM-024-AD;
Amendment 39-15994; AD 2009-17-03]
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: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    The airbrake upper crossbeam on an airplane failed in-flight.
The crossbeam failure caused damage to the rudder control system,
resulting in loss of rudder control. Loss of rudder control will
cause handling difficulties particularly during take-off, approach,
and landing phases in cross winds.
* * * * *
    We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective September 22, 2009.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of September 22,
2009.

ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

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:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on June 11, 2009 (74 FR
27725). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    The airbrake upper crossbeam on an airplane failed in-flight.
The crossbeam failure caused damage to the rudder control system,
resulting in loss of rudder control. Loss of rudder control will
cause handling difficulties particularly during take-off, approach,
and landing phases in cross winds.
    BAE Systems (Operations) Ltd has published Inspection Service
Bulletin (ISB) 53-200 that revises and supersedes the inspection
requirements, which are defined in the Maintenance Review Board
Report (MRBR) SSI Task 53-40-125, Supplemental Structural
Inspections Document (SSID) Tasks 53-40-125.1 and 53-40-125.2
(included in the Airworthiness Limitations Section of Aircraft
Maintenance Manual Chapter 5 that is currently mandated as part of
EASA AD 2007-0271 [which corresponds to an FAA NPRM, Directorate
Identifier 2007-NM-363-AD]) and in Maintenance Planning Document
(MPD) Task Reference 534025-DVI-10000-1. These revised inspection
requirements and reduced inspection periods are to ensure that any
fatigue damage is detected before it causes upper airbrake crossbeam
failure. MRBR, SSID and MPD will be amended in due course to reflect
these revised inspection periods.
    For the reasons stated above, this Airworthiness Directive (AD)
requires the [high frequency eddy current and low frequency phase
analysis eddy current] inspection [for cracking, discrete surface
damage, and discontinuity (corrosion and mechanical damage)] and, as
necessary, repair of the airbrake upper crossbeam.

    The required actions include replacing the three rivets with Hi-lok
pins. For cracking, damage, or discontinuity that is outside certain
limits defined in the service bulletin, the repair includes contacting
BAE Systems (Operations) Limited for repair instructions and doing the
repair. You may obtain further information by examining the MCAI in the
AD docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a note within the AD.

Costs of Compliance

    We estimate that this AD affects 1 product of U.S. registry. We
also estimate that it takes about 6 work-hours per product to comply
with the basic requirements of this AD. The average labor rate is $80
per work-hour. Based on these figures, we estimate the cost of this AD
to the U.S. operators to be $480 per product.

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

[[Page 41606]]

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 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); 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 AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM, 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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
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 AD:

2009-17-03 BAE Systems (Operations) Limited (Formerly British
Aerospace Regional Aircraft): Amendment 39-15994. Docket No. FAA-
2009-0532; Directorate Identifier 2008-NM-024-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective
September 22, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all BAE Systems (Operations) Limited
Model BAe 146 and Avro 146-RJ airplanes, certificated in any
category.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    The airbrake upper crossbeam on an airplane failed in-flight.
The crossbeam failure caused damage to the rudder control system,
resulting in loss of rudder control. Loss of rudder control will
cause handling difficulties particularly during take-off, approach,
and landing phases in cross winds.
    BAE Systems (Operations) Ltd has published Inspection Service
Bulletin (ISB) 53-200 that revises and supersedes the inspection
requirements, which are defined in the Maintenance Review Board
Report (MRBR) SSI Task 53-40-125, Supplemental Structural
Inspections Document (SSID) Tasks 53-40-125.1 and 53-40-125.2
(included in the Airworthiness Limitations Section of Aircraft
Maintenance Manual Chapter 5 that is currently mandated as part of
EASA AD 2007-0271 [which corresponds to an FAA NPRM, Directorate
Identifier 2007-NM-363-AD]) and in Maintenance Planning Document
(MPD) Task Reference 534025-DVI-10000-1. These revised inspection
requirements and reduced inspection periods are to ensure that any
fatigue damage is detected before it causes upper airbrake crossbeam
failure. MRBR, SSID and MPD will be amended in due course to reflect
these revised inspection periods.
    For the reasons stated above, this Airworthiness Directive (AD)
requires the [high frequency eddy current and a low frequency phase
analysis eddy current] inspection [for cracking, discrete surface
damage, and discontinuity (corrosion and mechanical damage)] and, as
necessary, repair of the airbrake upper crossbeam.
    The required actions include replacing the three rivets with Hi-
lok pins. For cracking, damage, or discontinuity that is outside
certain limits defined in the service bulletin, the repair includes
contacting BAE Systems (Operations) Limited for repair instructions
and doing the repair.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) At the applicable time specified in paragraphs (f)(1)(i) and
(f)(1)(ii) of this AD, inspect for cracking, damage, and
discontinuity of the airbrake upper crossbeam fastener positions and
lightening holes; and replace the three rivets with Hi-lok pins; in
accordance with paragraphs 2.B., 2.C., and 2.D. of the
Accomplishment Instructions of BAE Systems (Operations) Limited
Inspection Service Bulletin ISB.53-200, Revision 1, dated March 13,
2007. If any crack, damage, or discontinuity is found: Before
further flight, repair as required by paragraph (f)(3) of this AD.
    (i) For airplanes that have not been inspected in accordance
with BAE Systems (Operations) Limited MRBR SSI Task No. 53-40-125
(MPD Reference 534025-DVI-10000-1) as of the effective date of this
AD, do the inspection prior to accumulating 20,000 total flight
cycles or 500 flight cycles after the effective date of this AD,
whichever occurs later.
    (ii) For airplanes subject to MRBR and SSID requirements that
have been inspected in accordance with BAE Systems (Operations)
Limited MRBR SSI Task No. 53-40-125 (MPD Reference 534025-DVI-10000-
1) as of the effective date of this AD, do the inspection at the
latest of the times in paragraphs (f)(1)(ii)(A), (f)(1)(ii)(B), or
(f)(1)(ii)(C) of this AD.
    (A) Before the accumulation of 4,000 flight cycles since last
inspection.
    (B) Within 2,500 flight cycles (for MRBR airplanes), or within
1,000 flight cycles (for SSID airplanes) after the effective date of
this AD; but not exceeding 8,000 flight cycles since the last
inspection.
    (C) Within 500 flight cycles after the effective date of this
AD.
    (2) Repeat the inspection required by paragraph (f)(1) of this
AD thereafter at the applicable time specified in paragraph
(f)(2)(i), (f)(2)(ii), or (f)(2)(iii) of this AD. If any crack,
damage, or discontinuity is found: Before further flight, repair as
required by paragraph (f)(3) of this AD.
    (i) Inspect fastener positions at the rivet locations at
intervals not to exceed 4,000 flight cycles.
    (ii) Inspect the holes at Hi-lok pin locations at intervals not
to exceed 12,000 flight cycles.
    (iii) Inspect the lightening holes at intervals not to exceed
12,000 flight cycles.
    (3) If any crack, damage, or discontinuity is found during any
inspection required by this AD: Before further flight, do the repair
in accordance with paragraph 2.E. of the Accomplishment Instructions
of BAE Systems (Operations) Limited Inspection Service Bulletin
ISB.53-200, Revision 1, dated March 13, 2007.
    (4) Actions accomplished before the effective date of this AD in
accordance with BAE Systems (Operations) Limited Inspection Service
Bulletin ISB.53-200, dated December 21, 2006, are considered
acceptable for compliance with the corresponding action specified in
this AD.

[[Page 41607]]

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (g) 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. 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.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2007-0307, dated December 17, 2007; and BAE Systems
(Operations) Limited Inspection Service Bulletin ISB.53-200,
Revision 1, dated March 13, 2007; for related information.

Material Incorporated by Reference

    (i) You must use BAE Systems (Operations) Limited Inspection
Service Bulletin ISB.53-200, Revision 1, dated March 13, 2007, to do
the actions required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact BAE
Systems Regional Aircraft, 13850 McLearen Road, Herndon, Virginia
20171; telephone 703-736-1080; e-mail raebusiness@baesystems.com;
Internet http://www.baesystems.com/Businesses/RegionalAircraft/
index.htm.
    (3) You may review copies of the 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.
    (4) You may also review copies of the 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/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on August 4, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-19442 Filed 8-17-09; 8:45 am]

BILLING CODE 4910-13-P
