22296 Federal Register / Vol. 76, No. 77 / Thursday, April 21, 2011 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–1308; Directorate 

Identifier 2009–NM–069–AD] Amendment 

39–16661; AD 2011–08–11] 

RIN 2120–AA64 

Airworthiness Directives; BAE 

SYSTEMS (OPERATIONS) LIMITED 

Model BAe 146 Airplanes, and Model 

Avro 146–RJ Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are superseding an 

existing airworthiness directive (AD) 

that applies to 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: 

During the period 2001/2002, skin cracking 

was found adjacent to the butt joint forward 

of frame 19 * * *. The cracks emanated from 

chemically-etched pockets on the internal 

surface of the skin. * * * [C]racking in 

multiple adjacent bays * * * could 

compromise the structural integrity of the 

fuselage in the event that the multiple cracks 

joined into a single crack. * * * 

During 2008, a further report was received 

at BAE Systems of a 13.78 inch crack in an 

AVRO 146–RJ that occurred 514 flight cycles 

(FC) short of the next 4 000–FC repetitive 

inspection interval. * * * 

* * * * * 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective May 

26, 2011. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of May 26, 2011. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain other publication listed in 

this AD as of August 2, 2005 (70 FR 

37022, June 28, 2005). 

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 January 13, 2011 (76 FR 

2281), and proposed to supersede AD 

2005–13–19, Amendment 39–14156 (70 

FR 37022, June 28, 2005). That NPRM 

proposed to correct an unsafe condition 

for the specified products. The MCAI 

states: 

During the period 2001/2002, skin cracking 

was found adjacent to the butt joint forward 

of frame 19 when unrelated in-service 

maintenance inspections of the forward 

fuselage structure were being completed. The 

cracks emanated from chemically-etched 

pockets on the internal surface of the skin. 

The then current MRB [maintenance review 

board] inspection requirements were not 

adequate to address cracking in multiple 

adjacent bays, which could compromise the 

structural integrity of the fuselage in the 

event that the multiple cracks joined into a 

single crack. Investigations resulted in the 

publication of BAE Systems (Operations) 

Limited Inspection Service Bulletin (ISB).53– 

167 in June [27,] 2003, which was made 

mandatory by CAA UK AD 007–06–2003. 

The ISB was subsequently re-issued at 

Revision 1 during 2004 [May 18, 2004] to 

clarify the inspection requirements and 

provide an improved inspection procedure. 

CAA UK AD G–2005–0002 [which 

corresponds to FAA AD 2005–13–19] (EASA 

approval number 2005–313) was issued to 

require accomplishment of the improved 

inspections. 

During 2008, a further report was received 

at BAE Systems of a 13.78 inch crack in an 

AVRO 146–RJ that occurred 514 flight cycles 

(FC) short of the next 4 000–FC repetitive 

inspection interval. A reassessment of ISB 

instructions and its supporting data 

concluded that these original inspection 

periods were too long, and the method for 

defining the areas requiring inspection could 

be open to misinterpretation. In response, 

BAE Systems has updated the ISB to 

Revision 2 [dated December 12, 2008] to 

reduce the inspection intervals, introducing 

different inspection intervals associated with 

specific areas of the forward fuselage skins 

and instructions to inspect additional areas 

of the forward fuselage skin. 

For the reasons described above, this AD 

retains the requirements of CAA UK AD G– 

2005–0002, which is superseded, and 

requires the implementation of revised 

repetitive inspections, including inspection 

of additional areas of the forward fuselage 

skin panels for cracking and follow-on repair 

action(s), depending on findings. 

This AD is [further] revised to 

acknowledge the issuance of BAE Systems 

(Operations) Limited ISB.53–167 Revision 3, 

[dated June 17, 2009] which allows the 

repetitive inspection intervals to be extended 

and introduces grace periods to carry out the 

initial inspections. In addition, this AD at 

Revision 1 [EASA AD 2009–0070R1, dated 

July 2, 2010] acknowledges the issuance of 

BAE Systems ISB.53–167 Revision 4 [dated 

June 10, 2010] which corrects the grace 

period for the initial inspections on BAe 146 

aeroplane types. 

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 will affect 

1 product of U.S. registry. 

The actions that are required by AD 

2005–13–19 and retained in this AD 

take 40 work-hours per product, at an 

average labor rate of $85 per work hour. 

Based on these figures, the estimated 

cost of the currently required actions is 

$3,400 per product. 

We estimate that it will take about 32 

work-hours per product to comply with 

the new basic requirements of this AD. 

The average labor rate is $85 per workhour. Based on these figures, we 

estimate the cost of the AD on U.S. 

operators to be $2,720, or $2,720 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 

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Federal Register / Vol. 76, No. 77 / Thursday, April 21, 2011 / Rules and Regulations 22297 

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 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. 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 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by 

removing Amendment 39–14156 (70 FR 

37022, June 28, 2005) and adding the 

following new AD: 

2011–08–11 BAE SYSTEMS 

(OPERATIONS) LIMITED: Amendment 

39–16661; Docket No. FAA–2010–1308; 

Directorate Identifier 2009–NM–069–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective May 26, 2011. 

Affected ADs 

(b) This AD supersedes AD 2005–13–19, 

Amendment 39–14156. 

Applicability 

(c) 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. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 53: Fuselage. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

During the period 2001/2002, skin cracking 

was found adjacent to the butt joint forward 

of frame 19 * * *. The cracks emanated from 

chemically-etched pockets on the internal 

surface of the skin. * * * [C]racking in 

multiple adjacent bays * * * could 

compromise the structural integrity of the 

fuselage in the event that the multiple cracks 

joined into a single crack. * * * 

During 2008, a further report was received 

at BAE Systems of a 13.78 inch crack in an 

AVRO 146–RJ that occurred 514 flight cycles 

(FC) short of the next 4 000–FC repetitive 

inspection interval. * * * 

* * * * * 

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 2005– 

13–19 

Inspections and Repair 

(g) Within the applicable compliance time 

specified in paragraph (g)(1) or (g)(2) of this 

AD, perform an external eddy current 

inspection of the forward fuselage skin to 

detect cracking, in accordance with the 

Accomplishment Instructions of BAE 

Systems (Operations) Limited Modification 

Service Bulletin ISB.53–167, including 

Appendix 2, Revision 1, dated May 18, 2004. 

Doing the inspection required by paragraph 

(j) of this AD terminates the requirements of 

this paragraph of this AD. 

(1) For Model BAe 146 series airplanes: 

Inspect before the accumulation of 16,000 

total landings, or within 4,000 landings after 

the August 2, 2005 (the effective date of AD 

2005–13–19), whichever is later. 

(i) For areas where no crack is found, 

repeat the inspection at intervals not to 

exceed 8,000 landings. 

(ii) For areas where any crack is found, 

before further flight, perform repairs in 

accordance with a method approved by the 

Manager, International Branch, ANM–116, 

Transport Airplane Directorate, FAA, the 

Civil Aviation Authority (CAA) (or its 

delegated agent), or EASA (or its delegated 

agent). No further inspection of any repaired 

area is required by paragraph (g) of this AD. 

(2) For Model Avro 146–RJ series airplanes: 

Inspect before the accumulation of 10,000 

total landings, or within 2,000 landings after 

August 2, 2005, whichever is later. 

(i) For areas where no crack is found, 

repeat the inspection at intervals not to 

exceed 4,000 landings. 

(ii) For areas where any crack is found, 

before further flight, perform repairs in 

accordance with a method approved by the 

Manager, International Branch, ANM–116, 

the CAA (or its delegated agent), or EASA (or 

its delegated agent). No further inspection of 

any repaired area is required by paragraph (g) 

of this AD. 

Inspections Accomplished According to 

Previous Issue of Service Bulletin 

(h) Inspections accomplished before 

August 2, 2005, in accordance with BAE 

Systems (Operations) Limited Inspection 

Service Bulletin ISB.53–167, including 

Appendices 2 and 3, all dated June 27, 2003, 

are considered acceptable for compliance 

with the corresponding action specified in 

paragraph (g) of this AD. 

No Reporting Requirement for AD 2005–13– 

19 

(i) Although BAE Systems (Operations) 

Limited Modification Service Bulletin 

ISB.53–167, including Appendix 2, Revision 

1, dated May 18, 2004, specifies to submit 

Appendix 1 of that service bulletin with 

certain information to the manufacturer, this 

AD does not include that requirement. 

New Requirements of This AD 

Inspection and Repair—Expanded Area of 

Forward Fuselage Skin and Reduced 

Inspection Intervals 

(j) For Model BAe 146 airplanes: At the 

latest of the times specified in paragraphs 

(j)(1), (j)(2), and (j)(3) of this AD, do an 

external eddy current inspection of the 

forward fuselage skin to detect cracking, in 

accordance with the Accomplishment 

Instructions of BAE Systems (Operations) 

Limited Inspection Service Bulletin ISB.53– 

167, including Appendix 2, Revision 4, dated 

June 10, 2010. Repeat the inspection 

thereafter at intervals not to exceed 3,600 

flight cycles for areas specified in Drawings 

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22298 Federal Register / Vol. 76, No. 77 / Thursday, April 21, 2011 / Rules and Regulations 

2, 3, 4, 5, and 7 of BAE Systems (Operations) 

Limited Inspection Service Bulletin ISB.53– 

167, including Appendix 2, Revision 4, dated 

June 10, 2010, and at intervals not to exceed 

4,600 flight cycles for areas specified in 

Drawings 1, 6, 8, and 9 of BAE Systems 

(Operations) Limited Inspection Service 

Bulletin ISB.53–167, including Appendix 2, 

Revision 4, dated June 10, 2010. Doing the 

inspection required by this paragraph 

terminates the requirements of paragraph (g) 

of this AD for that airplane. 

(1) Before the accumulation of 16,000 total 

flight cycles. 

(2) Within 2,000 flight cycles after the 

effective date of this AD. 

(3) Within the applicable times specified in 

paragraphs (j)(3)(i) and (j)(3)(ii) of this AD. 

(i) For areas specified in Drawings 2, 3, 4, 

5, and 7 of BAE Systems (Operations) 

Limited Inspection Service Bulletin ISB.53– 

167, including Appendix 2, Revision 4, dated 

June 10, 2010: Within 3,600 flight cycles after 

the last inspection done in accordance with 

paragraph (g) of this AD. 

(ii) For areas specified in Drawings 1, 6, 8, 

and 9 of BAE Systems (Operations) Limited 

Inspection Service Bulletin ISB.53–167, 

including Appendix 2, Revision 4, dated June 

10, 2010: Within 4,600 flight cycles after the 

last inspection done in accordance with 

paragraph (g) of this AD. 

(k) For Model Avro 146–RJ airplanes: At 

the latest of the times specified in paragraph 

(k)(1), (k)(2), and (k)(3) of this AD, do an 

external eddy current inspection of the 

forward fuselage skin to detect cracking, in 

accordance with the Accomplishment 

Instructions of BAE Systems (Operations) 

Limited Inspection Service Bulletin ISB.53– 

167, including Appendix 2, Revision 4, dated 

June 10, 2010. Repeat the inspection 

thereafter at intervals not to exceed 2,400 

flight cycles for areas specified in Drawings 

2, 3, 4, 5, and 7 of BAE Systems (Operations) 

Limited Inspection Service Bulletin ISB.53– 

167, including Appendix 2, Revision 4, dated 

June 10, 2010, and 3,000 flight cycles for 

areas specified in Drawings 1, 6, 8, and 9 of 

BAE Systems (Operations) Limited 

Inspection Service Bulletin ISB.53–167, 

including Appendix 2, Revision 4, dated June 

10, 2010. Doing the inspection required by 

this paragraph terminates the requirements of 

paragraph (g) of this AD for that airplane. 

(1) Before the accumulation of 10,000 total 

flight cycles. 

(2) Within 1,000 flight cycles after the 

effective date of this AD. 

(3) Within the applicable times specified in 

paragraphs (k)(3)(i) and (k)(3)(ii) of this AD. 

(i) For areas specified in Drawings 2, 3, 4, 

5, and 7 of BAE Systems (Operations) 

Limited Inspection Service Bulletin ISB.53– 

167, including Appendix 2, Revision 4, dated 

June 10, 2010: Within 3,600 flight cycles after 

the last inspection done in accordance with 

paragraph (g) of this AD. 

(ii) For areas specified in Drawings 1, 6, 8, 

and 9 of BAE Systems (Operations) Limited 

Inspection Service Bulletin ISB.53–167, 

including Appendix 2, Revision 4, dated June 

10, 2010: Within 4,600 flight cycles after the 

last inspection done in accordance with 

paragraph (g) of this AD. 

(l) If any cracking is found during any 

inspection required by paragraph (j) or (k) of 

this AD, before further flight, accomplish the 

repair in accordance with a method approved 

by the FAA or EASA (or its delegated agent). 

Repair of an airplane in accordance with the 

requirements of this paragraph of this AD 

does not constitute terminating action for the 

inspection requirements of this AD. 

Credit for Actions Accomplished in 

Accordance With Previous Service 

Information 

(m) Inspections done before the effective 

date of this AD in accordance with BAE 

Systems (Operations) Limited Inspection 

Service Bulletin ISB.53–167, including 

Appendix 2, Revision 2, dated November 17, 

2008; or Revision 3, dated June 17, 2009; are 

acceptable for compliance with the 

corresponding requirements of paragraphs (j) 

and (k) of this AD. 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(n) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): 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. 

In accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the International Branch, send it 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. Information may be e-mailed to: 9- 

ANM-116-AMOC-REQUESTS@faa.gov. 

Before using any approved AMOC, notify 

your appropriate principal inspector, or 

lacking a principal inspector, the manager of 

the local flight standards district office/ 

certificate holding 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 FAAapproved 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. 

Related Information 

(o) Refer to MCAI EASA Airworthiness 

Directive 2009–0070R1, dated July 2, 2010; 

BAE Systems (Operations) Limited 

Modification Service Bulletin ISB.53–167, 

including Appendix 2, Revision 1, dated May 

18, 2004; and BAE Systems (Operations) 

Limited Inspection Service Bulletin ISB.53– 

167, including Appendix 2, Revision 4, dated 

June 10, 2010; for related information. 

Material Incorporated by Reference 

(p) You must use BAE Systems 

(Operations) Limited Modification Service 

Bulletin ISB.53–167, including Appendix 2, 

Revision 1, dated May 18, 2004; and BAE 

Systems (Operations) Limited Inspection 

Service Bulletin ISB.53–167, including 

Appendix 2, Revision 4, dated June 10, 2010; 

as applicable; 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 

BAE Systems (Operations) Limited 

Modification Service Bulletin ISB.53–167, 

including Appendix 2, Revision 4, dated June 

10, 2010, under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) The Director of the Federal Register 

previously approved the incorporation by 

reference of BAE Systems (Operations) 

Limited Modification Service Bulletin 

ISB.53–167, including Appendix 2, Revision 

1, dated May 18, 2004, on August 2, 2005 (70 

FR 37022, June 28, 2005). 

(3) 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; e-mail 

RApublications@baesystems.com; Internet 

http://www.baesystems.com/Businesses/ 

RegionalAircraft/index.htm. 

(4) 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. 

(5) 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 April 4, 

2011. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2011–8667 Filed 4–20–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–1243; Directorate 

Identifier 2010–CE–058–AD; Amendment 

39–16626; AD 2011–06–02] 

RIN 2120–AA64 

Airworthiness Directives; Cessna 

Aircraft Company (Cessna) Model 172 

Airplanes Modified by Supplemental 

Type Certificate (STC) SA01303WI 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

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