[Federal Register Volume 69, Number 241 (Thursday, December 16, 2004)]
[Proposed Rules]
[Pages 75275-75277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27511]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-18678; Directorate Identifier 2001-NM-312-AD]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited Model 
BAe 146 and Avro 146-RJ Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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SUMMARY: The FAA is revising an earlier NPRM for an airworthiness 
directive (AD) that applies to all BAE Systems (Operations) Limited 
Model BAe 146 and Avro 146-RJ series airplanes. The original NPRM would 
have required repetitive detailed inspections of the rear fuselage 
upper skin to detect cracking due to fatigue, and repair if necessary. 
The original NPRM was prompted by evidence of cracking due to fatigue 
along the edges of certain chemi-etched pockets in the rear fuselage 
upper skin. This new action revises the area of inspection specified in 
the original NPRM. We are proposing this supplemental NPRM to prevent a 
possible sudden loss of cabin pressure and consequent injury to 
passengers and flightcrew.

DATES: We must receive comments on this supplemental NPRM by January 
10, 2005.

[[Page 75276]]


ADDRESSES: Use one of the following addresses to submit comments on 
this supplemental NPRM.
    <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> 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-2004-18678; the directorate identifier for this docket is 
2001-NM-312-AD.

FOR FURTHER INFORMATION CONTACT: 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.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this supplemental NPRM. Send your comments to an 
address listed under ADDRESSES. Include ``Docket No. 2000-FAA-18678; 
Directorate Identifier 2001-NM-312-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this supplemental NPRM. 
We will consider all comments received by the closing date and may 
amend this supplemental NPRM in light of those comments.
    We will post all comments submitted, 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 supplemental NPRM. Using the search function 
of our docket Web site, 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.

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 in the Nassif Building at the DOT 
street address stated in ADDRESSES. Comments will be available in the 
AD docket shortly after the DMS receives them.

Discussion

    We proposed to amend 14 CFR part 39 with a notice of proposed 
rulemaking (NPRM) for an airworthiness directive (AD) (the ``original 
NPRM''). The original NPRM applies to all BAE Systems (Operations) 
Limited Model BAe 146 and Avro 146-RJ series airplanes. The original 
NPRM was published in the Federal Register on July 26, 2004 (69 FR 
44474). The original NPRM proposed to require repetitive detailed 
inspections of the rear fuselage upper skin to detect cracking due to 
fatigue, and repair if necessary.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments that have been 
submitted on the original NPRM.

Request To Clarify Inspection Area

    The commenter notes a discrepancy between the original NPRM and the 
source of service information for the inspection (Inspection Service 
Bulletin ISB.53-164). The original NPRM specifies inspecting the rear 
fuselage skin, and the service bulletin specifies inspecting the center 
and rear fuselage skin. The commenter requests that we clarify the area 
to be inspected.
    The commenter notes another potential conflict between the original 
NPRM and the service bulletin. While paragraph (f) the original NPRM 
specifies inspecting ``the rear fuselage upper skin,'' the service 
bulletin specifies inspecting ``all the lap joints (stringers 2, 10, 
19, and 30).'' The commenter requests that we define the term ``upper 
skin''--specifically, the lap joints of the upper skin that must be 
inspected.
    We agree that clarification is necessary. The original NPRM 
specifies inspecting only the rear fuselage skin; reference to the 
center fuselage skin was inadvertently omitted from this proposed 
requirement. We have revised paragraph (f) in this supplemental NPRM to 
require inspection of the center and rear fuselage skin including all 
the lap joints at stringers 2, 10, 19, and 30.

Request To Revise Repetitive Interval

    The commenter requests that we revise the repetitive inspection 
interval in paragraph (f)(1)(i) of the original NPRM for Model Avro 
146-RJ series airplanes. The commenter requests that the proposed 
interval be extended from 4,000 to 6,000 landings. The commenter 
asserts that a 6,000-landing interval would better accommodate 
maintenance schedules.
    We do not agree with the request. We have determined that a 4,000-
landing interval represents the maximum interval of time allowable for 
the affected airplanes to continue to safely operate between 
inspections. We have not changed this supplemental NPRM regarding this 
issue.

FAA's Determination and Proposed Requirements of the Supplemental NPRM

    Certain changes discussed above expand the scope of the original 
NPRM; therefore, we have determined that it is necessary to reopen the 
comment period to provide additional opportunity for public comment on 
this supplemental NPRM.

Costs of Compliance

    This supplemental NPRM would affect about 55 airplanes of U.S. 
registry. The proposed actions 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 supplemental NPRM for U.S. operators 
is $14,300, or $260 per airplane, per inspection cycle.

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.

[[Page 75277]]

    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 supplemental NPRM would not have 
federalism implications under Executive Order 13132. This supplemental 
NPRM 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 supplemental NPRM. 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 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-2004-18678; Directorate 
Identifier 2001-NM-312-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by January 10, 2005.

Affected ADs

    (b) None.

Applicability

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

Unsafe Condition

    (d) This AD was prompted by evidence of cracking due to fatigue 
along the edges of certain chemi-etched pockets in the rear fuselage 
upper skin. We are issuing this AD to prevent a possible sudden loss 
of cabin pressure and consequent injury to passengers and 
flightcrew.

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.

Inspection and Repair

    (f) Within the applicable compliance times specified in 
paragraph (f)(1) or (f)(2) of this AD, perform a detailed inspection 
to detect cracking of the center and rear fuselage skin, including 
all the lap joints at stringers 2, 10, 19, and 30, in accordance 
with the Accomplishment Instructions of BAE Systems (Operations) 
Limited Inspection Service Bulletin ISB.53-164, dated July 10, 2001.


    Note 1: For the purposes of this AD, a detailed inspection is: 
``An intensive visual examination of a specific structural area, 
system, installation, or assembly to detect damage, failure, or 
irregularity. Available lighting is normally supplemented with a 
direct source of good lighting at intensity deemed appropriate by 
the inspector. Inspection aids such as mirror, magnifying lenses, 
etc., may be used. Surface cleaning and elaborate access procedures 
may be required.''

    (1) For Model Avro 146-RJ series airplanes: Inspect before the 
accumulation of 10,000 total landings, or within 2,000 landings 
after the effective date of this AD, 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, Transport Airplane Directorate, FAA; 
or the Civil Aviation Authority (CAA) (or its delegated agent). No 
further inspection of any repaired area is required by this AD.
    (2) For Model BAe 146 series airplanes: Inspect before the 
accumulation of 16,000 total landings, or within 4,000 landings 
after the effective date of this AD, 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; or the CAA (or its delegated agent). 
No further inspection of any repaired area is required by this AD.

No Reporting Requirement

    (g) Although the referenced service bulletin specifies to submit 
appendix 1 of the service bulletin with certain information to the 
manufacturer, this AD does not require that action.

Alternative Methods of Compliance (AMOCs)

    (h) The Manager, ANM-116, FAA, has the authority to approve 
AMOCs for this AD, if requested in accordance with the procedures 
found in 14 CFR 39.19.

    Issued in Renton, Washington, on December 6, 2004.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-27511 Filed 12-15-04; 8:45 am]
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