[Federal Register: August 26, 2008 (Volume 73, Number 166)]
[
Proposed Rules]               
[Page 50248-50250]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26au08-15]                         


	
	
	
	


Proposed Rules

                                                Federal Register

________________________________________________________________________



This section of the FEDERAL REGISTER contains notices to the public of 

the proposed issuance of rules and regulations. The purpose of these 

notices is to give interested persons an opportunity to participate in 

the rule making prior to the adoption of the final rules.



========================================================================







[[Page 50248]]







DEPARTMENT OF TRANSPORTATION



Federal Aviation Administration



14 CFR Part 39



[Docket No. FAA-2008-0909; Directorate Identifier 2007-NM-363-AD]

RIN 2120-AA64



 
Airworthiness Directives; BAE Systems (Operations) Limited Model 

BAe 146 and Model Avro 146-RJ Airplanes



AGENCY: Federal Aviation Administration (FAA), Department of 

Transportation (DOT).



ACTION: Notice of proposed rulemaking (NPRM).



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



SUMMARY: The FAA proposes to supersede an existing airworthiness 

directive (AD) that applies to all BAE Systems (Operations) Limited 

Model BAe 146 and Model Avro 146-RJ airplanes. The existing AD 

currently requires revising the Airworthiness Limitations Section (ALS) 

of the Instructions for Continued Airworthiness to incorporate life 

limits for certain items and inspections to detect fatigue cracking in 

certain structures. This proposed AD would require revising the ALS of 

the Instructions for Continued Airworthiness to incorporate new and 

more restrictive life limits for certain items and new and more 

restrictive inspections to detect fatigue cracking in certain 

structures. This proposed AD results from issuance of a later revision 

to the airworthiness limitations of the BAe/Avro 146 Aircraft 

Maintenance Manual, which specifies new inspections and compliance 

times for inspection and replacement actions. We are proposing this AD 

to ensure that fatigue cracking of certain structural elements is 

detected and corrected; such fatigue cracking could adversely affect 

the structural integrity of these airplanes.



DATES: We must receive comments on this proposed AD by September 25, 

2008.



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 AD, contact British 

Aerospace Regional Aircraft American Support 13850 Mclearen Road, 

Herndon, Virginia 20171.



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, FAA, Transport Airplane Directorate, 

1601 Lind Avenue, SW., Renton, Washington 98057-4056; 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-2008-0909; 

Directorate Identifier 2007-NM-363-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 November 14, 2005, we issued AD 2005-23-12, amendment 39-14370 

(70 FR 70483, November 22, 2005), for all BAE Systems (Operations) 

Limited Model BAe 146 and Model Avro 146-RJ airplanes. That AD requires 

revising the Airworthiness Limitations Section (ALS) of the 

Instructions for Continued Airworthiness to incorporate life limits for 

certain items and inspections to detect fatigue cracking in certain 

structures. That AD resulted from issuance of a revision to the 

airworthiness limitations of the BAe/Avro 146 Aircraft Maintenance 

Manual, which specifies new inspections and compliance times for 

inspection and replacement actions. We issued that AD to ensure that 

fatigue cracking of certain structural elements is detected and 

corrected; such fatigue cracking could adversely affect the structural 

integrity of these airplanes.



Actions Since Existing AD Was Issued



    Since we issued AD 2005-23-12, the European Aviation Safety Agency 

(EASA), which is the Technical Agent for the Member States of the 

European Community, notified us that later revisions to Sections 05-10 

and 05-20 have been issued for Chapter 5 of the BAe/Avro 146 Aircraft 

Maintenance Manual (AMM). Those sections also reference additional 

sections of the AMM. (The AD refers to the information included in the 

revised section of the AMM as the ``Airworthiness Limitations Section 

(ALS).'') The revised sections affect all BAE Systems (Operations) 

Limited Model BAe 146 and Model Avro 146-RJ airplanes. In addition, 

those sections provide mandatory replacement times and structural 

inspection intervals approved under section 25.571 of the Joint 

Aviation Requirements and the Federal Aviation Regulations (14 CFR 

25.571). As airplanes gain service experience, or as



[[Page 50249]]



results of post-certification testing and evaluation are obtained, it 

may become necessary to add additional life limits or structural 

inspections to ensure the continued structural integrity of the 

airplane.

    The EASA advises that analysis of fatigue test data has revealed 

that certain inspections must be performed at specific intervals to 

preclude fatigue cracking in certain areas of the airplane. In 

addition, the EASA advises that certain life limits must be imposed for 

various components on these airplanes to preclude the onset of fatigue 

cracking in those components. Such fatigue cracking, if not corrected, 

could adversely affect the structural integrity of these airplanes.

    The EASA mandated the service information and issued airworthiness 

directive 2007-0271, dated October 16, 2007, to ensure the continued 

airworthiness of these airplanes in the European Union.



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 2005-23-12 and would retain 

certain requirements of the existing AD. This proposed AD would also 

require revising the ALS of the Instructions for Continued 

Airworthiness to incorporate new and more restrictive life limits for 

certain items and new and more restrictive inspections to detect 

fatigue cracking in certain structures.



Change to Existing AD



    This proposed AD would retain certain requirements of AD 2005-23-

12. Since AD 2005-23-12 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 2005-23-12               this proposed AD

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

paragraph (h).............................  paragraph (f).

paragraph (i).............................  paragraph (h).

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



Costs of Compliance



    The following table provides the estimated costs for U.S. operators 

to comply with this proposed AD.



                                                                     Estimated Costs

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

                                                                                                                          Number of U.S.-

                         Action                             Work hours     Average labor       Parts         Cost per       registered      Fleet cost

                                                                           rate per hour                     airplane        airplanes

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

ALS Revision (required by AD 2005-23-12)................               1             $80            None             $80               1             $80

ALS Revision (new proposed action)......................               1              80            None              80               1              80

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



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, 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 39-14370 (70 FR 70483, November 22, 2005) and adding 

the following new airworthiness directive (AD):



BAE Systems (Operations) Limited (Formerly British Aerospace 

Regional Aircraft): Docket No. FAA-2008-0909; Directorate Identifier 

2007-NM-363-AD.



Comments Due Date



    (a) The FAA must receive comments on this AD action by September 

25, 2008.



Affected ADs



    (b) This AD supersedes AD 2005-23-12.



Applicability



    (c) This AD applies to all BAE Systems (Operations) Limited 

Model BAe 146-100A, -200A, and -300A series airplanes, and



[[Page 50250]]



Model Avro 146-RJ70A, 146-RJ85A, and 146-RJ100A airplanes, 

certificated in any category.



Unsafe Condition



    (d) This AD results from issuance of a later revision to the 

airworthiness limitations of the BAe/Avro 146 Aircraft Maintenance 

Manual (AMM), which specifies new inspections and compliance times 

for inspection and replacement actions. We are issuing this AD to 

ensure that fatigue cracking of certain structural elements is 

detected and corrected; such fatigue cracking could adversely affect 

the structural integrity of these airplanes.



Compliance



    (e) You are responsible for having the actions required by this 

AD performed within the compliance times specified, unless the 

actions have already been done.



Certain Requirements of AD 2005-23-12



    Note 1: This AD requires revisions to certain operator 

maintenance documents to include new inspections. Compliance with 

these inspections is required by 14 CFR 91.403(c). For airplanes 

that have been previously modified, altered, or repaired in the 

areas addressed by these inspections, the operator may not be able 

to accomplish the inspections described in the revisions. In this 

situation, to comply with 14 CFR 91.403(c), the operator must 

request approval for an alternative method of compliance (AMOC) 

according to paragraph (i) of this AD. The request should include a 

description of changes to the required inspections that will ensure 

the continued operational safety of the airplane.



Airworthiness Limitations Revision



    (f) Within 30 days after December 27, 2005 (the effective date 

of AD 2005-23-12), revise the Airworthiness Limitations Section 

(ALS) of the Instructions for Continued Airworthiness to incorporate 

new and more restrictive life limits for certain items and new and 

more restrictive inspections to detect fatigue cracking in certain 

structures, in accordance with a method approved by the Manager, 

International Branch, ANM-116, Transport Airplane Directorate, FAA; 

or the Civil Aviation Authority (or its delegated agent). Section 

05-10-01, dated July 15, 2005, of Chapter 5 of the BAe/Avro 146 

Aircraft Maintenance Manual is one approved method. This section 

references other sections of the AMM. The applicable revision level 

of the referenced sections is the revision level that is in effect 

on December 27, 2005.



New Requirements of This AD



Later Revision for Airworthiness Limitations



    (g) Within 30 days after the effective date of this AD, revise 

the ALS of the Instructions for Continued Airworthiness to 

incorporate new and more restrictive life limits for certain items 

and new and more restrictive inspections to detect fatigue cracking 

in certain structures, in accordance with a method approved by the 

Manager, International Branch, ANM-116, Transport Airplane 

Directorate, FAA; or the European Aviation Safety Agency (or its 

delegated agent). Sections 05-10 and 05-20, both dated August 15, 

2007, of Chapter 5 of the BAe/Avro 146 Aircraft Maintenance Manual 

is one approved method. Those sections reference other sections of 

the AMM. The applicable revision level of the referenced sections is 

the revision level that is in effect on the effective date of this 

AD. Incorporating the new and more restrictive life limits and 

inspections into the ALS terminates the requirements of paragraphs 

(f) and (g) of this AD, and after incorporation has been done, the 

limitations required by paragraph (f) of this AD may be removed from 

the ALS.

    (h) Except as specified in paragraph (i) of this AD: After the 

actions specified in paragraph (f) or (g) of this AD have been 

accomplished, no alternative inspections or inspection intervals may 

be approved for the structural elements specified in the documents 

listed in paragraph (f) or (g) of this AD.



Alternative Methods of Compliance (AMOCs)



    (i) 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, FAA, Transport Airplane Directorate, 

1601 Lind Avenue, SW., Renton, Washington 98057-4056; telephone 

(425) 227-1175; fax (425) 227-1149. Before using any approved AMOC 

on any airplane to which the AMOC applies, notify your appropriate 

principal inspector (PI) in the FAA Flight Standards District Office 

(FSDO), or lacking a PI, your local FSDO.



Related Information



    (j) The European Aviation Safety Agency airworthiness directive 

2007-0271, dated October 16, 2007, also addresses the subject of 

this AD.





    Issued in Renton, Washington, on August 18, 2008.

Ali Bahrami,

Manager, Transport Airplane Directorate, Aircraft Certification 

Service.

[FR Doc. E8-19714 Filed 8-25-08; 8:45 am]

BILLING CODE 4910-13-P