```

[Federal Register: May 4, 2010 (Volume 75, Number 85)]
[Rules and Regulations]               
[Page 23568-23571]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04my10-3]                         

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1250; Directorate Identifier 2008-NM-169-AD; 
Amendment 39-16276; AD 2010-09-11]
RIN 2120-AA64

 
Airworthiness Directives; BAE Systems (Operations) Limited Model 
BAe 146-100A, -200A, and -300A Series Airplanes, and Model Avro 146-
RJ70A, 146-RJ85A, and 146-RJ100A Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: We are superseding an existing airworthiness directive (AD) 
for 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:

    In 1991, the UK Civil Aviation Authority (CAA) issued AD 015-08-
91 [which corresponds to FAA AD 93-01-11], requiring the 
accomplishment of inspections of, and in case of crack findings, 
corrective actions on, the wing top skin at rib `0' of pre-
modification HCM00851C BAe 146 series aircraft in accordance with 
British Aerospace Service Bulletin (SB) 57-41 dated 26 July 1991. 
Recently, BAE Systems (Operations) Ltd has determined that a revised 
inspection programme for the wing top skin and joint strap at rib 
`0' on all BAe 146 and AVRO 146-RJ aircraft is necessary to assure 
the continued structural integrity of this area. Cracking of the 
wing centre section top skin, if undetected, could lead to 
structural failure and consequent loss of the aircraft.
* * * * *

We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective June 8, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of June 8, 
2010.
    On March 2, 1993 (58 FR 6081, January 26, 1993), the Director of 
the Federal Register approved the incorporation by reference of a 
certain other publication listed in this AD.

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 12, 2010 (75 
FR 1563), and proposed to supersede AD 93-01-11, Amendment 39-8465 (58 
FR 6081, January 26, 1993). That NPRM proposed to correct an unsafe 
condition for the specified products. The MCAI states:

    In 1991, the UK Civil Aviation Authority (CAA) issued AD 015-08-
91 [which corresponds to FAA AD 93-01-11], requiring the 
accomplishment of inspections of, and in case of crack findings, 
corrective actions on, the wing top skin at rib `0' of pre-
modification HCM00851C BAe 146 series aircraft in accordance with 
British Aerospace Service Bulletin (SB) 57-41 dated 26 July 1991. 
Recently, BAE Systems (Operations) Ltd has determined that a revised 
inspection programme for the wing top skin and joint

[[Page 23569]]

strap at rib `0' on all BAe 146 and AVRO 146-RJ aircraft is 
necessary to assure the continued structural integrity of this area. 
Cracking of the wing centre section top skin, if undetected, could 
lead to structural failure and consequent loss of the aircraft.
    For the reasons described above, this new EASA [European 
Aviation Safety Agency] AD supersedes UK CAA AD 015-08-91 and 
requires repetitive high-frequency eddy current (HFEC), 
radiographic, ultrasonic, and detailed visual inspections [for 
cracking and corrosion] of the wing top skin and joint strap at rib 
`0', the reporting of all inspection results to BAE Systems and, in 
case of findings, the accomplishment of corrective actions.

The corrective actions include repairing cracking and corrosion, and 
contacting BAE Systems (Operations) Limited for repair instructions and 
doing the repair. 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.

Explanation of Change to Costs of Compliance

    After the NPRM was issued, we reviewed the figures we have used 
over the past several years to calculate AD costs to operators. To 
account for various inflationary costs in the airline industry, we find 
it necessary to increase the labor rate used in these calculations from 
$80 per work hour to $85 per work hour. The cost impact information, 
below, reflects this increase in the specified hourly labor rate.

Costs of Compliance

    We estimate that this AD will affect about 1 product of U.S. 
registry.
    The actions that are required by AD 93-01-11 and retained in this 
AD take about 4 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 $340 per product.
    We estimate that it will take about 4 work-hours per product to 
comply with the new basic requirements of this AD. The average labor 
rate is $85 per work-hour. Based on these figures, we estimate the cost 
of this AD to the U.S. operators to be $340.

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 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 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

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The FAA amends Sec.  39.13 by removing Amendment 39-8465 (58 FR 
6081, January 26, 1993) and adding the following new AD:

2010-09-11 BAE Systems (Operations) Limited: Amendment 39-16276. 
Docket No. FAA-2009-1250; Directorate Identifier 2008-NM-169-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective June 8, 
2010.

Affected ADs

    (b) The AD supersedes AD 93-01-11, Amendment 39-8465.

Applicability

    (c) This AD applies to all BAE SYSTEMS (Operations) Limited 
Model BAe 146-100A, -200A, and -300A series 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 57: Wings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    In 1991, the UK Civil Aviation Authority (CAA) issued AD 015-08-
91 [which corresponds to FAA AD 93-01-11], requiring the 
accomplishment of inspections of, and in case of crack findings, 
corrective actions on, the wing top skin at rib `0' of pre-

[[Page 23570]]

modification HCM00851C BAe 146 series aircraft in accordance with 
British Aerospace Service Bulletin (SB) 57-41 dated 26 July 1991. 
Recently, BAE Systems (Operations) Ltd has determined that a revised 
inspection programme for the wing top skin and joint strap at rib 
`0' on all BAe 146 and AVRO 146-RJ aircraft is necessary to assure 
the continued structural integrity of this area. Cracking of the 
wing centre section top skin, if undetected, could lead to 
structural failure and consequent loss of the aircraft.
    For the reasons described above, this new EASA [European 
Aviation Safety Agency] AD supersedes UK CAA AD 015-08-91 and 
requires repetitive high-frequency eddy current (HFEC), 
radiographic, ultrasonic, and detailed visual inspections [for 
cracking and corrosion] of the wing top skin and joint strap at rib 
`0', the reporting of all inspection results to BAE Systems and, in 
case of findings, the accomplishment of corrective actions.

The corrective actions include repairing cracking and corrosion, and 
contacting BAE Systems (Operations) Limited for repair instructions 
and doing the repair.

Restatement of Requirements of AD 93-01-11, With No Changes

    (f) Unless already done, for Model BAe 146-100A, -200A, and -
300A series airplanes: Prior to the accumulation of 24,000 landings, 
or within 60 days after March 2, 1993 (the effective date of AD 93-
01-11), whichever occurs later: Perform an X-ray inspection to 
detect fatigue cracks in the left and right wing upper skins, joint 
straps, and stringers in the vicinity of rib ``0,'' in accordance 
with British Aerospace Inspection Service Bulletin 57-41, dated July 
26, 1991. Doing the inspection required by paragraph (g)(1) of this 
AD terminates the inspection required by this paragraph.
    (1) If cracks are found, prior to further flight, repair in 
accordance with a method approved by the Manager, Standardization 
Branch, ANM-113, Transport Airplane Directorate, FAA; or the 
Manager, International Branch, ANM-116, Transport Airplane 
Directorate, FAA. As of the effective date of this AD, repair in 
accordance with a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA. Thereafter, 
repeat the inspection required by paragraph (f) of this AD at 
intervals not to exceed 9,000 landings, in accordance with British 
Aerospace Inspection Service Bulletin 57-41, dated July 26, 1991, 
until the initial inspection required by paragraph (g)(1) of this AD 
is accomplished.
    (2) If no cracks are found, repeat the inspection required by 
paragraph (f) of this AD at intervals not to exceed 9,000 landings, 
in accordance with British Aerospace Inspection Service Bulletin 57-
41, dated July 26, 1991, until the initial inspection required by 
paragraph (g)(1) of this AD is accomplished.

New Requirements of This AD

    (g) Unless already done, do the following actions.

    Note 1: The instructions of BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.57-070, dated October 15, 2007, 
which is the subject of this AD, are divided into two parts; 
consequently, the statement in paragraph 1.C. of BAE Systems 
(Operations) Limited Inspection Service Bulletin ISB.57-070, dated 
October 15, 2007, that there are three parts is incorrect and can be 
disregarded.

    (1) At the applicable compliance time specified in paragraph 
(g)(1)(i) or (g)(1)(ii) of this AD: Do an HFEC inspection of the 
front and rear spar flanges, a detailed visual inspection of the 
stringers, and a detailed visual inspection of the stringer crown 
fittings, all at the rib ``0'' joint strap, for cracking and 
corrosion, and do all applicable corrective actions, in accordance 
with ``Part 1'' of paragraph 2.C., ``Inspection,'' of BAE Systems 
(Operations) Limited Inspection Service Bulletin ISB.57-070, dated 
October 15, 2007. Repeat the inspections thereafter at intervals not 
to exceed 4,000 flight cycles. Do all applicable corrective actions 
before further flight. Accomplishment of these initial inspections 
terminates the inspections required by paragraphs (f), (f)(1), and 
(f)(2) of this AD.
    (i) For airplanes on which an inspection was not done in 
accordance with Supplemental Structural Inspection (SSI) 57-10-101 
(MPD 571001-DVI-10000-1) as of the effective date of this AD: Prior 
to the accumulation of 20,000 total flight cycles, or within 4,000 
flight cycles after the effective date of this AD, whichever occurs 
later.
    (ii) For airplanes on which an inspection was done in accordance 
with SSI 57-10-101 (MPD 571001-DVI-10000-1) as of the effective date 
of this AD: Within 3,000 flight cycles after the effective date of 
this AD.
    (2) At the applicable compliance time specified in paragraph 
(g)(2)(i) or (g)(2)(ii) of this AD: Do detailed visual and HFEC 
inspections to detect cracking and corrosion of the rib ``0'' strap, 
a radiographic inspection of the rib ``0'' joint, and an ultrasonic 
inspection of the skin at the rib ``0'' joint strap, and do all 
applicable corrective actions, in accordance with ``PART 2'' of 
paragraph 2.C. ``Inspection'' of BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.57-070, dated October 15, 2007. Do 
all applicable corrective actions before further flight. Repeat the 
inspections thereafter at intervals not to exceed 4,000 flight 
cycles.
    (i) For airplanes on which an inspection was not done in 
accordance with SSI 57-10-102 and 57-10-102A (MPD 571002-SDI-10000-1 
and 571002-SDI-10000-2) as of the effective date of this AD: Before 
the accumulation of 24,000 total flight cycles, or within 4,000 
flight cycles after the effective date of this AD, whichever occurs 
later.
    (ii) For airplanes on which an inspection was done in accordance 
with SSI 57-10-102 or 57-10-102A (MPD 571002-SDI-10000-1 or 571002-
SDI-10000-2) as of the effective date of this AD: Within 3,000 
flight cycles after the effective date of this AD.
    (3) Submit a report of the findings (both positive and negative) 
of the initial inspections required by paragraphs (g)(1) and (g)(2) 
of this AD to BAE Systems (Operations) Limited, at the applicable 
time specified in paragraph (g)(3)(i) or (g)(3)(ii) of this AD. The 
report must include the inspection results, a description of any 
discrepancies found, the airplane serial number, and the number of 
landings and flight hours on the airplane. Send reports to Customer 
Liaison, Customer Support (Building 37), BAE SYSTEMS (Operations) 
Limited, Prestwick International Airport, Ayrshire, KA9 2RW, 
Scotland; fax +44 (0) 1292 675432; e-mail 
raengliaison@baesystems.com.
    (i) If the inspection was done on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (ii) If the inspection was done before the effective date of 
this AD: Submit the report within 30 days after the effective date 
of this AD.
    (4) Accomplishment of any repair does not constitute terminating 
action for the inspection requirements of this AD.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (h) 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. Send information 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. Before using any approved AMOC 
on any airplane to which the AMOC applies, notify your principal 
maintenance inspector (PMI) or principal avionics inspector (PAI), 
as appropriate, or lacking a principal inspector, your local Flight 
Standards 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 
FAA-approved 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.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (i) Refer to MCAI European Aviation Safety Agency (EASA) 
Airworthiness Directive 2008-0168, dated September 2, 2008; British 
Aerospace Inspection Service Bulletin 57-41, dated July 26, 1991; 
and BAE Systems (Operations) Limited Inspection Service Bulletin 
ISB.57-070, dated October 15, 2007; for related information.

[[Page 23571]]

Material Incorporated by Reference

    (j) You must use British Aerospace Inspection Service Bulletin 
57-41, dated July 26, 1991; and BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.57-070, dated October 15, 2007; 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 
Inspection Service Bulletin ISB.57-070, dated October 15, 2007, 
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 British Aerospace Inspection Service 
Bulletin 57-41, dated July 26, 1991, on March 2, 1993 (58 FR 6081, 
January 26, 1993).
    (3) For service information identified in this AD, contact BAE 
Systems Regional Aircraft, 13850 McLearen Road, Herndon, Virginia 
20171; telephone 703-736-1080; e-mail raebusiness@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 22, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-9944 Filed 5-3-10; 8:45 am]
BILLING CODE 4910-13-P
```