[Federal Register Volume 75, Number 45 (Tuesday, March 9, 2010)]
[Proposed Rules]
[Pages 10701-10704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5016]



[[Page 10701]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0909; Directorate Identifier 2007-NM-363-AD]
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: 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 Model BAe 146 airplanes and Model 
Avro 146-RJ airplanes. The original NPRM would have superseded an 
existing AD that currently requires revising the Airworthiness 
Limitations Section (ALS) of the Instructions for Continued 
Airworthiness to incorporate life limits for certain items and 
inspections to detect fatigue cracking in certain structures. The 
original NPRM proposed to require incorporating new and more 
restrictive life limits for certain items and for certain inspections 
to detect fatigue cracking in certain structures. The original NPRM 
resulted from issuance of a later revision to the airworthiness 
limitations. This new action revises the original NPRM by proposing to 
require revisions to the airworthiness limitations to include Critical 
Design Configuration Control Limitations for the fuel system. We are 
proposing this supplemental NPRM to ensure that fatigue cracking of 
certain structural elements is detected and corrected, and to prevent 
ignition sources in the fuel tanks; fatigue cracking of certain 
structural elements could adversely affect the structural integrity of 
these airplanes.

DATES: We must receive comments on this supplemental NPRM by April 5, 
2010.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
    <bullet> Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact BAE Regional 
Aircraft, 13850 McLearen Road, Herndon, Virginia 20171; telephone 703-
736-1080; e-mail <a href="/cdn-cgi/l/email-protection#bfcddedaddcaccd6d1daccccffdddedaccc6cccbdad2cc91dcd0d2"><span class="__cf_email__" data-cfemail="027063676077716b6c67717142606367717b7176676f712c616d6f">[email protected]</span></a>; Internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm. You may 
review copies of the referenced 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 or 425-227-1152.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (telephone 800-647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-4056; telephone (425) 
227-1175; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0909; 
Directorate Identifier 2007-NM-363-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) (the 
``original NPRM'') to amend 14 CFR part 39 to include an AD that 
supersedes AD 2005-23-12, amendment 39-14370 (70 FR 70483, November 22, 
2005). The existing AD applies to all BAE SYSTEMS (Operations) Limited 
Model BAe 146 airplanes and Model Avro 146-RJ airplanes. The original 
NPRM was published in the Federal Register on August 26, 2008 (73 FR 
50248). The original NPRM proposed to supersede the existing AD to 
continue to require revising the Airworthiness Limitations Section 
(ALS) of the Instructions for Continued Airworthiness to incorporate 
life limits for certain items and inspections to detect fatigue 
cracking in certain structures. The original NPRM also proposed to 
require revising the ALS of the Instructions for Continued 
Airworthiness to incorporate new and more restrictive life limits for 
certain items and new and more restrictive inspections to detect 
fatigue cracking in certain structures.

Actions Since Original NPRM Was Issued

    Since we issued the original NPRM, the European Aviation Safety 
Agency (EASA), which is the Technical Agent for the Member States of 
the European Community, has issued EASA Airworthiness Directive (AD) 
2009-0215, dated October 7, 2009. That EASA AD supersedes EASA AD 2009-
0020, dated February 5, 2009, which superseded EASA AD 2008-0132, dated 
July 16, 2008; EASA AD 2008-0132 superseded EASA AD 2007-0271, dated 
October 16, 2007. That EASA AD was referenced in the original NPRM.
    EASA AD 2008-0132, dated July 16, 2008, states that a new sub-
chapter, 05-15-00, has been issued for the BAE SYSTEMS (Operations) 
Limited BAe 146 Series/Avro146-RJ Series Aircraft Maintenance Manual 
(AMM). Sub-chapter 05-15-00 is titled ``Critical Design Configuration 
Control Limitations (CDCCL)--Fuel System Description and Operation.''
    In addition, EASA AD 2009-0020, dated February 5, 2009, states that 
Sub-chapter 05-20-00, titled ``Scheduled Maintenance,'' now includes 
references to the following BAE SYSTEMS (Operations) Limited BAe146 
Series/Avro146-RJ Series support documents: Maintenance Review Board 
Report (MRBR), Corrosion Prevention and Control Program (CPCP), and 
Supplemental Structural Inspection

[[Page 10702]]

Document (SSID). We have included Notes 2, 3, 4, and 5 of this 
supplemental NPRM to refer to the sub-chapters and related support 
documents.
    In addition, we have revised paragraph (h) of this supplemental 
NPRM (paragraph (g) of the original NPRM) to remove reference to 
Section 05-10 and 05-20 of Chapter 5 of the BAE SYSTEMS (Operations) 
Limited BAe146 Series/Avro146-RJ Series AMM. However, we have provided 
references to certain sub-chapters of Chapter 5 of the BAE SYSTEMS 
(Operations) Limited BAe146 Series/Avro146-RJ Series AMM as a source of 
information for complying with the proposed requirements of paragraph 
(h) of this supplemental NPRM.
    Also, we have revised paragraph (h) of this supplemental NPRM 
(paragraph (g) of the original NPRM) to refer to ``Chapter 5 of the BAE 
SYSTEMS (Operations) Limited BAe146 Series/Avro146-RJ Series Aircraft 
Maintenance Manual,'' instead of ``the ALS of the Instructions for 
Continued Airworthiness'' as it was referred to in the original NPRM.
    We have also added new paragraph (d) to this supplemental NPRM to 
specify the Air Transport Association (ATA) of America code identifying 
the subject, and re-identified the subsequent paragraphs accordingly.

Relevant Service Information

    BAE SYSTEMS (Operations) Limited has issued Revision 97, dated July 
15, 2009, to Sections 05-10, 05-15, and 05-20 of the BAE SYSTEMS 
(Operations) Limited BAe146 Series/Avro146-RJ Series AMM, which 
includes the CDCCLs. The CDCCLs provide instructions to retain critical 
ignition source prevention features during configuration changes that 
may be caused by modification, repair, or maintenance actions.
    Messier-Dowty has issued Service Bulletin 146-32-171, dated August 
11, 2009, which is an optional action to extend the life limits of the 
main landing gear. We have added paragraph (j) to this supplemental 
NPRM to specify doing the service bulletin for extending the life 
limits of the main landing gear main fitting from 32,000 landings to 
50,000 landings on the main fitting, and re-identified the subsequent 
paragraphs accordingly.
    The EASA mandated the service information and issued Airworthiness 
Directive 2009-0215, dated October 7, 2009, to ensure the continued 
airworthiness of these airplanes in the European Union.

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.

FAA's Determination and Proposed Requirements of the Supplemental NPRM

    Some of the 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.

Explanation of Change to Costs of Compliance

    Since issuance of the original NPRM, we have increased the labor 
rate used in the Costs of Compliance from $80 per work-hour to $85 per 
work-hour. The Costs of Compliance information, below, reflects this 
increase in the specified hourly labor rate.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this proposed AD.

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                Number of
                                                                  Average                                         Cost per        U.S.-
                     Action                       Work hours    labor rate                 Parts                  airplane     registered    Fleet cost
                                                                 per hour                                                       airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
ALS Revision (required by AD 2005-23-12).......             1           $85  None.............................           $85             1           $85
ALS Revision (new proposed action).............             1            85  None.............................            85             1            85
--------------------------------------------------------------------------------------------------------------------------------------------------------

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 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 supplemental NPRM and placed it in the AD docket. 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, Incorporation by 
reference, 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 10703]]


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


Sec.  39.13  [Amended]

    2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-14370 (70 FR 70483, November 22, 2005) and adding 
the following new airworthiness directive (AD):

BAE SYSTEMS (Operations) Limited: Docket No. FAA-2008-0909; 
Directorate Identifier 2007-NM-363-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by April 5, 
2010.

Affected ADs

    (b) This AD supersedes AD 2005-23-12, amendment 39-14370.

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.

    Note 1: This AD requires revisions to certain operator 
maintenance documents to include new inspections. Compliance with 
these inspections is required by 14 CFR 91.403(c). For airplanes 
that have been previously modified, altered, or repaired in the 
areas addressed by these inspections, the operator may not be able 
to accomplish the inspections described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must 
request approval for an alternative method of compliance (AMOC) 
according to paragraph (k) of this AD. The request should include a 
description of changes to the required inspections that will ensure 
the continued operational safety of the airplane.

Subject

    (d) Air Transport Association (ATA) of America Code 05.

Unsafe Condition

    (e) This AD results from issuance of a later revision to the 
airworthiness limitations of the BAE SYSTEMS (Operations) Limited 
BAe146 Series/Avro146-RJ Series Aircraft Maintenance Manual (AMM), 
which specifies new inspections and compliance times for inspection 
and replacement actions. We are issuing this AD to ensure that 
fatigue cracking of certain structural elements is detected and 
corrected, and to prevent ignition sources in the fuel tanks; 
fatigue cracking of certain structural elements could adversely 
affect the structural integrity of these airplanes.

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 Certain Requirements of AD 2005-23-12

Airworthiness Limitations Revision

    (g) Within 30 days after December 27, 2005 (the effective date 
of AD 2005-23-12), revise the Airworthiness Limitations Section 
(ALS) of the Instructions for Continued Airworthiness to incorporate 
new and more restrictive life limits for certain items and new and 
more restrictive inspections to detect fatigue cracking in certain 
structures, in accordance with a method approved by the Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA; 
or the Civil Aviation Authority (or its delegated agent).

New Requirements of This AD

New Airworthiness Limitations Revisions

    (h) Within 90 days after the effective date of this AD, revise 
Chapter 5 of the BAE SYSTEMS (Operations) Limited BAe146 Series/
Avro146-RJ Series AMM to incorporate new and more restrictive life 
limits for certain items and new and more restrictive inspections to 
detect fatigue cracking in certain structures, and to add fuel 
system Critical Design Configuration Control Limitations (CDCCL) to 
prevent ignition sources in the fuel tanks, in accordance with a 
method approved by the Manager, International Branch, ANM-116, 
Transport Airplane Directorate, FAA; or the European Aviation Safety 
Agency (EASA) (or its delegated agent). Incorporating the new and 
more restrictive life limits and inspections into the ALS terminates 
the requirements of paragraph (g) of this AD, and after 
incorporation has been done, the limitations required by paragraph 
(g) of this AD may be removed from the ALS.

    Note 2: Guidance on revising Chapter 5 of the BAE SYSTEMS 
(Operations) Limited BAe146 Series/Avro146-RJ Series AMM, Revision 
97, dated July 15, 2009, can be found in the applicable subchapters 
listed in Table 1 of this AD.


                  Table 1--Applicable AMM Sub-Chapters
------------------------------------------------------------------------
               AMM sub-chapter                          Subject
------------------------------------------------------------------------
05-10-01.....................................  Airframe Airworthiness
                                                Limitations before Life
                                                Extension Programme.
05-10-05 \1\.................................  Airframe Airworthiness
                                                Limitations, Life
                                                Extension Programme
                                                Landings Life Extended.
05-10-10 \2\.................................  Airframe Airworthiness
                                                Limitations, Life
                                                Extension Programme
                                                Calendar Life Extended.
05-10-15.....................................  Aircraft Equipment
                                                Airworthiness
                                                Limitations.
05-10-17.....................................  Power Plant Airworthiness
                                                Limitations.
05-15-00.....................................  Critical Design
                                                Configuration Control
                                                Limitations (CDCCL)--
                                                Fuel System Description
                                                and Operation.
05-20-00 \3\.................................  Scheduled Maintenance.
05-20-01.....................................  Airframe Scheduled
                                                Maintenance--Before Life
                                                Extension Programme.
05-20-05 \1\.................................  Airframe Scheduled
                                                Maintenance--Life
                                                Extension Programme
                                                Landings Life Extended.
05-20-10 \2\.................................  Airframe Scheduled
                                                Maintenance--Life
                                                Extension Programme
                                                Calendar Life Extended.
05-20-15.....................................  Aircraft Equipment
                                                Scheduled Maintenance.
------------------------------------------------------------------------
\1\ Applicable only to aircraft post-modification HCM20011A or HCM20012A
  or HCM20013A.
\2\ Applicable only to aircraft post-modification HCM20010A.
\3\ Paragraphs 5 and 6 only, on the Corrosion Prevention and Control
  Program (CPCP) and the Supplemental Structural Inspection Document
  (SSID).


    Note 3: Sub-chapter 05-15-00 of the BAE SYSTEMS (Operations) 
Limited BAe146 Series/Avro146-RJ Series AMM, is the CDCCL.


    Note 4: Within Sub-chapter 05-20-00 of the BAE SYSTEMS 
(Operations) Limited BAe146 Series/Avro146-RJ Series AMM, the 
relevant issues of the support documents are as follows: BAE SYSTEMS 
(Operations) Limited BAe 146 Series/Avro 146-RJ Corrosion Prevention 
and Control Program Document CPCP-146-01, Revision 3, dated July 15, 
2008, including BAE SYSTEMS (Operations) Limited Temporary Revision 
(TR) 2.1, dated December 2008; and BAE SYSTEMS (Operations) Limited 
BAe146 Series Supplemental Structural Inspection Document SSID-146-
01, Revision 1, dated June 15, 2009.


    Note 5: Within Sub-chapter 05-20-01 of the BAE SYSTEMS 
(Operations) Limited BAe146 Series/Avro146-RJ Series AMM, the 
relevant issue of BAE SYSTEMS (Operations) Limited BAe 146/Avro 146-
RJ Maintenance Review Board Report Document MRB 146-01, Issue 2, is 
Revision 15, dated March 2009 (mis-identified in EASA AD 2009-0215, 
dated October 7, 2009, as being dated May 2009).


    Note 6: Notwithstanding any other maintenance or operational 
requirements, components that have been identified as airworthy or 
installed on the affected airplanes before the revision of the ALS, 
as required by paragraphs (g) of this AD; or before revision of 
Chapter 5 of the AMM, as required by paragraph (h) of this AD; do 
not need to be reworked in accordance with the CDCCLs. However, once 
the ALS or AMM

[[Page 10704]]

has been revised, future maintenance actions on these components 
must be done in accordance with the CDCCLs.
    (i) Except as specified in paragraph (k) of this AD: After the 
actions specified in paragraph (g) or (h) of this AD have been 
accomplished, no alternative inspections or inspection intervals may 
be approved for the structural elements specified in the documents 
listed in paragraph (g) or (h) of this AD.
    (j) Modifying the main fittings of the main landing gear in 
accordance with Messier-Dowty Service Bulletin 146-32-171, dated 
August 11, 2009, extends the safe limit of the main landing gear 
main fitting from 32,000 landings to 50,000 landings on the main 
fitting.

Alternative Methods of Compliance (AMOCs)

    (k) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, 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, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-4056; 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.

Related Information

    (l) EASA Airworthiness Directive 2009-0215, dated October 7, 
2009; and Messier-Dowty Service Bulletin 146-32-171, dated August 
11, 2009; also address the subject of this AD.

    Issued in Renton, Washington, on March 2, 2010.
Suzanne Masterson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-5016 Filed 3-8-10; 8:45 am]
BILLING CODE 4910-13-P


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