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.

Proposed Rules Federal Register

70564

Vol. 69, No. 234

Tuesday, December 7, 2004

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39

[Docket No. FAA–2004–19765; Directorate 

Identifier 2002–NM–72–AD] 

RIN 2120–AA64

Airworthiness Directives; BAE 

Systems (Operations) Limited Model 

BAe 146 Series Airplanes and Model 

Avro 146–RJ Series Airplanes

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

certain BAE Systems (Operations) 

Limited Model BAe 146 series airplanes 

and Model Avro 146–RJ series airplanes. 

This proposed AD would require 

repetitive inspections to detect 

discrepancies of the fuselage skin and 

reinforcing plates along the wing to 

fuselage fairing access panels on the 

left- and right-hand sides of the 

airplane, and repair if necessary. This 

proposed AD also would provide for an 

optional terminating action for the 

repetitive inspections. This proposed 

AD is prompted by a report of chafing 

on the wing to fuselage fairing panels. 

We are proposing this AD to prevent 

chafing of the fuselage skin and 

reinforcing plates, which could lead to 

reduced structural integrity of the 

airplane’s fuselage.

DATES: We must receive comments on 

this proposed AD by January 6, 2005.

ADDRESSES: Use one of the following 

addresses to submit comments on this 

proposed AD. 

• DOT Docket web site: Go to http:/

/dms.dot.gov and follow the instructions 

for sending your comments 

electronically. 

• Government-wide rulemaking web 

site: Go to http://www.regulations.gov

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street SW., Nassif Building, 

room PL–401, Washington, DC 20590. 

• By fax: (202) 493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

For service information identified in 

this proposed AD, contact British 

Aerospace Regional Aircraft American 

Support, 13850 Mclearen Road, 

Herndon, Virginia 20171. 

You can examine the contents of this 

AD docket on the Internet at http://

dms.dot.gov, or in person at the Docket 

Management Facility, U.S. Department 

of Transportation, 400 Seventh Street 

SW., room PL–401, on the plaza level of 

the Nassif Building, Washington, DC. 

This docket number is FAA–2004–

19765; the directorate identifier for this 

docket is 2002–NM–72–AD.

FOR FURTHER INFORMATION CONTACT:

Technical information: Todd 

Thompson, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 227–1175; 

fax (425) 227–1149. 

Plain language information: Marcia 

Walters, marcia.walters@faa.gov.

SUPPLEMENTARY INFORMATION: 

Docket Management System (DMS) 

The FAA has implemented new 

procedures for maintaining AD dockets 

electronically. As of May 17, 2004, new 

AD actions are posted on DMS and 

assigned a docket number. We track 

each action and assign a corresponding 

directorate identifier. The DMS AD 

docket number is in the form ‘‘Docket 

No. FAA–2004–99999.’’ The Transport 

Airplane Directorate identifier is in the 

form ‘‘Directorate Identifier 2004–NM–

999–AD.’’ Each DMS AD docket also 

lists the directorate identifier (‘‘Old 

Docket Number’’) as a cross-reference 

for searching purposes. 

Comments Invited 

We invite you to submit any relevant 

written data, views, or arguments 

regarding this proposed AD. Send your 

comments to an address listed under 

ADDRESSES. Include ‘‘Docket No. FAA–

2004–19765; Directorate Identifier 

2002–NM–72–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of the proposed AD. We will 

consider all comments submitted by the 

closing date and may amend the 

proposed AD in light of those 

comments. 

We will post all comments we 

receive, without change, to http://

dms.dot.gov, including any personal 

information you provide. We will also 

post a report summarizing each 

substantive verbal contact with FAA 

personnel concerning this proposed AD. 

Using the search function of our docket 

website, anyone can find and read the 

comments in any of our dockets, 

including the name of the individual 

who sent the comment (or signed the 

comment on behalf of an association, 

business, labor union, etc. You can 

review the DOT’s complete Privacy Act 

Statement in the Federal Register

published on April 11, 2000 (65 FR 

19477–78), or you can visit http://

dms.dot.gov.

We are reviewing the writing style we 

currently use in regulatory documents. 

We are interested in your comments on 

whether the style of this document is 

clear, and your suggestions to improve 

the clarity of our communications that 

affect you. You can get more 

information about plain language at 

http://www.faa.gov/language and http://

www.plainlanguage.gov.

Examining the Docket 

You can examine the AD docket on 

the Internet at http://dms.dot.gov, or in 

person at the Docket Management 

Facility office between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The Docket 

Management Facility office (telephone 

(800) 647–5227) is located on the plaza 

level of the Nassif Building at the DOT 

street address stated in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after the DMS 

receives them. 

Discussion 

The Civil Aviation Authority (CAA), 

which is the airworthiness authority for 

the United Kingdom, notified us that an 

unsafe condition may exist on certain 

BAE Systems (Operations) Limited 

Model BAe 146 series airplanes and 

Model Avro 146–RJ series airplanes. 

The CAA advises that it has received a 

report of chafing of the fuselage skin 

Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Proposed Rules 70565

and reinforcing plates along the wing to 

fuselage fairing access panels, both leftand right-hand sides. This condition, if 

not corrected, could result in chafing of 

the fuselage skin and reinforcing plates, 

which could lead to reduced structural 

integrity of the airplane’s fuselage. 

Relevant Service Information 

BAE Systems (Operations) Limited 

has issued Inspection Service Bulletin 

ISB.53–162, dated September 12, 2001. 

The inspection service bulletin 

describes the following procedures: 

• Doing repetitive detailed 

inspections to detect discrepancies (i.e., 

chafing outside the limits specified in 

the service bulletin, scoring, or 

cracking) of the fuselage skin and 

reinforcing plates along the wing to 

fuselage fairing access panels on the 

left- and right-hand sides of the 

airplane; 

• Contacting the manufacturer for 

disposition of plate repairs; and

• Submitting an inspection report to 

the manufacturer. 

BAE Systems (Operations) Limited 

has also issued Modification Service 

Bulletin SB.53–162–01698A, Revision 1, 

dated January 31, 2002. The 

modification service bulletin describes 

procedures for modifying the fuselage 

skin at the wing-to-fuselage access 

panels, doing related investigative 

actions, and doing corrective actions if 

necessary, which eliminates the need 

for the repetitive inspections specified 

in BAE Systems (Operations) Limited 

Inspection Service Bulletin ISB.53–162. 

The modification involves applying 

protective tape along the fuselage at the 

access panel seal contact area and to the 

fuselage at the aft position. The related 

repetitive investigative actions involve 

repetitively inspecting the protective 

tape and sealant for damage and 

restoring if necessary. 

The CAA mandated BAE Systems 

(Operations) Limited Inspection Service 

Bulletin ISB.53–162 and issued British 

airworthiness directive 002–09–2001 to 

ensure the continued airworthiness of 

these airplanes in the United Kingdom. 

FAA’s Determination and Requirements 

of the Proposed AD 

These airplane models are 

manufactured in the United Kingdom 

and are type certificated for operation in 

the United States under the provisions 

of § 21.29 of the Federal Aviation 

Regulations (14 CFR 21.29) and the 

applicable bilateral airworthiness 

agreement. Pursuant to this bilateral 

airworthiness agreement, the CAA has 

kept the FAA informed of the situation 

described above. We have examined the 

CAA’s findings, evaluated all pertinent 

information, and determined that we 

need to issue an AD for products of this 

type design that are certificated for 

operation in the United States. 

Therefore, we are proposing this AD, 

which would require accomplishing the 

actions specified in BAE Systems 

(Operations) Limited Inspection Service 

Bulletin ISB.53–162 described 

previously, except as discussed under 

‘‘Differences Between the Proposed AD 

and the Service Bulletins.’’ The 

proposed AD also would provide an 

optional terminating action that would 

end the repetitive inspection 

requirements. 

Differences Between the Proposed AD 

and the Service Bulletins 

Operators should note that, although 

the Accomplishment Instructions of the 

BAE Systems (Operations) Limited 

Inspection Service Bulletin ISB.53–162 

describe procedures for submitting an 

inspection report, this proposed AD 

would not require that action. We do 

not need this information from 

operators. 

The BAE Systems (Operations) 

Limited Inspection Service Bulletin 

ISB.53–162 specifies that you may 

contact the manufacturer for 

instructions on how to repair certain 

conditions, but this proposed AD would 

require you to repair those conditions 

using a method that we or the CAA (or 

its delegated agent) approve. In light of 

the type of repair that would be required 

to address the unsafe condition, and 

consistent with existing bilateral 

airworthiness agreements, we have 

determined that, for this proposed AD, 

a repair we or the CAA (or its delegated 

agent) approve would be acceptable for 

compliance with this proposed AD. 

Clarification of Service Bulletin Actions 

Operators should note that the 

Accomplishment Instructions of the 

Modification Service Bulletin SB.53–

162–01698A, Revision 1, dated January 

31, 2002, describes procedures for doing 

related repetitive investigative actions, 

and doing corrective actions if 

necessary. The related repetitive 

investigative actions involve inspecting 

the protective tape and sealant for 

damage, and restoring if necessary. 

Costs of Compliance 

This proposed AD would affect about 

65 airplanes of U.S. registry. The 

proposed inspection would take about 4 

work hours per airplane, at an average 

labor rate of $65 per work hour. Based 

on these figures, the estimated cost of 

the proposed AD for U.S. operators is 

$16,900, or $260 per airplane, per 

inspection cycle. 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

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. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart III, Section 

44701, ‘‘General requirements.’’ Under 

that section, the FAA is charged with 

promoting safety 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 

proposed AD. 

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. 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:

70566 Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Proposed Rules 

Authority: 49 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD):

BAE Systems (Operations) Limited 

(Formerly British Aerospace Regional 

Aircraft): Docket No. FAA–2004–19765; 

Directorate Identifier 2002–NM–72–AD. 

Comments Due Date 

(a) The Federal Aviation Administration 

must receive comments on this AD action by 

January 6, 2005. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to BAE Systems 

(Operations) Limited Model BAe 146 series 

airplanes and Model Avro 146-RJ series 

airplanes; certificated in any category; on 

which modification HCM01037A has been 

incorporated. 

Unsafe Condition 

(d) This AD was prompted by a report of 

chafing on the wing to fuselage fairing 

panels. We are issuing this AD to prevent 

chafing of the fuselage skin and reinforcing 

plates, which could lead to reduced 

structural integrity of the airplane’s fuselage. 

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. 

Service Bulletin 

(f) The term ‘‘service bulletin,’’ as used in 

this AD, means the Accomplishment 

Instructions of BAE Systems (Operations) 

Limited Inspection Service Bulletin ISB.53–

162, dated September 12, 2001. 

Repetitive Detailed Inspections 

(g) Prior to the accumulation of 8,000 total 

flight cycles, or within 500 flight cycles after 

the effective date of this AD, whichever 

occurs later, do a detailed inspection to 

detect discrepancies (i.e., chafing outside the 

limits specified in the service bulletin, 

scoring, or cracking) of the fuselage skin and 

reinforcing plates along the wing to fuselage 

fairing access panels on the left- and righthand sides of the airplane, in accordance 

with the service bulletin. Repeat the detailed 

inspection thereafter at intervals not to 

exceed 4,000 flight cycles, until the 

terminating action specified in paragraph (i) 

of this AD has been done.

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 mirrors magnifying 

lenses, etc. may be necessary. Surface 

cleaning and elaborate procedures may be 

required.’’

Corrective Action 

(h) If any discrepancy is found during the 

detailed inspection required by paragraph (g) 

of this AD, before further flight, repair 

according to a method approved by either the 

Manager, International Branch, ANM–116, 

FAA, Transport Airplane Directorate; or the 

Civil Aviation Authority (CAA) (or its 

delegated agent). 

Optional Terminating Action and Follow-on 

Inspections 

(i) Modify the fuselage skin at the wing-tofuselage access panels, do the related 

repetitive investigative action, and do 

applicable corrective actions by 

accomplishing all the actions in accordance 

with the Accomplishment Instructions of 

BAE Systems (Operations) Limited 

Modification Service Bulletin SB.53–162–

01698A, Revision 1, dated January 31, 2002. 

These actions terminate the repetitive 

inspections required by paragraph (g) of this 

AD. Repeat the related repetitive 

investigative action (which involves 

inspecting the protective tape and sealant for 

damage) thereafter at intervals not to exceed 

4,000 flight cycles. 

No Reporting 

(j) Although the service bulletin referenced 

in this AD specifies to submit an inspection 

report, this AD does not include that 

requirement. 

Alternative Methods of Compliance 

(AMOCs) 

(k) The Manager, International Branch, 

ANM–116, has the authority to approve 

AMOCs for this AD, if requested in 

accordance with the procedures found in 14 

CFR 39.19. 

Related Information 

(l) British airworthiness directive 002–09–

2001 also addresses the subject of this AD.

Issued in Renton, Washington, on 

November 26, 2004. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 04–26799 Filed 12–6–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39

[Docket No. FAA–2004–19761; Directorate 

Identifier 2003–NM–167–AD] 

RIN 2120–AA64

Airworthiness Directives; Bombardier 

Model CL–600–2B19 (Regional Jet 

Series 100 & 440) Airplanes

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

certain Bombardier Model CL–600–

2B19 (Regional Jet Series 100 and 440) 

airplanes. This proposed AD would 

require modification of the Auxiliary 

Power Unit (APU) cooling air exhaust. 

This proposed AD is prompted by 

reports of incomplete drainage of the 

APU enclosure. We are proposing this 

AD to prevent a negative pressure 

condition from developing in the APU 

enclosure when the APU is operating on 

the ground, which could create a 

potential fire hazard if flammable liquid 

leakage occurs inside the APU enclosure 

and cannot be drained overboard.

DATES: We must receive comments on 

this proposed AD by January 6, 2005.

ADDRESSES: Use one of the following 

addresses to submit comments on this 

proposed AD. 

• DOT Docket Web site: Go to http:/

/dms.dot.gov and follow the instructions 

for sending your comments 

electronically. 

• Government-wide rulemaking web 

site: Go to http://www.regulations.gov

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street SW., Nassif Building, 

room PL–401, Washington, DC 20590. 

• By fax: (202) 493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

For service information identified in 

this proposed AD, contact Bombardier, 

Inc., Canadair, Aerospace Group, P.O. 

Box 6087, Station Centre-ville, 

Montreal, Quebec H3C 3G9, Canada. 

You can examine the contents of this 

AD docket on the Internet at http://

dms.dot.gov, or at the Docket 

Management Facility, U.S. Department 

of Transportation, 400 Seventh Street 

SW., room PL–401, on the plaza level of 

the Nassif Building, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Technical information: James E. Delisio, 

Aerospace Engineer, Airframe and 

Propulsion Branch, ANE–171, FAA, 

New York Aircraft Certification Office, 

1600 Stewart Avenue, suite 410, 

Westbury, New York 11590; telephone 

(516) 228–7321; fax (516) 794–5531. 

Plain Language information: Marcia 

Walters, Marcia.walters@faa.gov.

SUPPLEMENTARY INFORMATION:

Docket Management System (DMS) 

The FAA has implemented new 

procedures for maintaining AD dockets 

electronically. As of May 17, 2004, new