[Federal Register Volume 69, Number 234 (Tuesday, December 7, 2004)]
[Proposed Rules]
[Pages 70564-70566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26799]


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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.

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


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

[[Page 70564]]



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).

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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.
    <bullet> DOT Docket web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
    <bullet> Government-wide rulemaking web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
    <bullet> Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW., Nassif Building, room PL-401, 
Washington, DC 20590.
    <bullet> By fax: (202) 493-2251.
    <bullet> 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, <a href="/cdn-cgi/l/email-protection#7c111d0e1f151d520b1d1008190e0f3c1a1d1d521b130a"><span class="__cf_email__" data-cfemail="9af7fbe8f9f3fbb4edfbf6eeffe8e9dafcfbfbb4fdf5ec">[email protected]</span></a>.

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

[[Page 70565]]

and reinforcing plates along the wing to fuselage fairing access 
panels, both left- and 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:
    <bullet> 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;
    <bullet> Contacting the manufacturer for disposition of plate 
repairs; and
    <bullet> 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 Sec.  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:


[[Page 70566]]


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


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  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 right-hand 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-to-fuselage 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


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