Federal Register / Vol. 74, No. 158 / Tuesday, August 18, 2009 / Rules and Regulations 41605 

(2) For service information identified in 

this AD, contact Saab Aircraft AB, SAAB 

Aerosystems, SE–581 88, Linko ̈ping, Sweden; 

telephone +46 13 18 5591; fax +46 13 18 

4874; e-mail 

saab2000.techsupport@saabgroup.com; 

Internet http://www.saabgroup.com. 

(3) 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 or 425–227–1152. 

(4) 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 August 

3, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–19182 Filed 8–17–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0532; Directorate 

Identifier 2008–NM–024–AD; Amendment 

39–15994; AD 2009–17–03] 

RIN 2120–AA64 

Airworthiness Directives; BAE 

Systems (Operations) Limited Model 

BAe 146 and Avro 146–RJ Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

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: 

The airbrake upper crossbeam on an 

airplane failed in-flight. The crossbeam 

failure caused damage to the rudder control 

system, resulting in loss of rudder control. 

Loss of rudder control will cause handling 

difficulties particularly during take-off, 

approach, and landing phases in cross winds. 

* * * * * 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective 

September 22, 2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of September 22, 2009. 

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 June 11, 2009 (74 FR 27725). 

That NPRM proposed to correct an 

unsafe condition for the specified 

products. The MCAI states: 

The airbrake upper crossbeam on an 

airplane failed in-flight. The crossbeam 

failure caused damage to the rudder control 

system, resulting in loss of rudder control. 

Loss of rudder control will cause handling 

difficulties particularly during take-off, 

approach, and landing phases in cross winds. 

BAE Systems (Operations) Ltd has 

published Inspection Service Bulletin (ISB) 

53–200 that revises and supersedes the 

inspection requirements, which are defined 

in the Maintenance Review Board Report 

(MRBR) SSI Task 53–40–125, Supplemental 

Structural Inspections Document (SSID) 

Tasks 53–40–125.1 and 53–40–125.2 

(included in the Airworthiness Limitations 

Section of Aircraft Maintenance Manual 

Chapter 5 that is currently mandated as part 

of EASA AD 2007–0271 [which corresponds 

to an FAA NPRM, Directorate Identifier 

2007–NM–363–AD]) and in Maintenance 

Planning Document (MPD) Task Reference 

534025–DVI–10000–1. These revised 

inspection requirements and reduced 

inspection periods are to ensure that any 

fatigue damage is detected before it causes 

upper airbrake crossbeam failure. MRBR, 

SSID and MPD will be amended in due 

course to reflect these revised inspection 

periods. 

For the reasons stated above, this 

Airworthiness Directive (AD) requires the 

[high frequency eddy current and low 

frequency phase analysis eddy current] 

inspection [for cracking, discrete surface 

damage, and discontinuity (corrosion and 

mechanical damage)] and, as necessary, 

repair of the airbrake upper crossbeam. 

The required actions include 

replacing the three rivets with Hi-lok 

pins. For cracking, damage, or 

discontinuity that is outside certain 

limits defined in the service bulletin, 

the repair includes 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. 

Costs of Compliance 

We estimate that this AD affects 1 

product of U.S. registry. We also 

estimate that it takes about 6 work-hours 

per product to comply with the basic 

requirements of this AD. The average 

labor rate is $80 per work-hour. Based 

on these figures, we estimate the cost of 

this AD to the U.S. operators to be $480 

per product. 

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 


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41606 Federal Register / Vol. 74, No. 158 / Tuesday, August 18, 2009 / Rules and Regulations 

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 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new AD: 

2009–17–03 BAE Systems (Operations) 

Limited (Formerly British Aerospace 

Regional Aircraft): Amendment 39– 

15994. Docket No. FAA–2009–0532; 

Directorate Identifier 2008–NM–024–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective September 22, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all BAE Systems 

(Operations) Limited Model BAe 146 and 

Avro 146–RJ airplanes, certificated in any 

category. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 53: Fuselage. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

The airbrake upper crossbeam on an 

airplane failed in-flight. The crossbeam 

failure caused damage to the rudder control 

system, resulting in loss of rudder control. 

Loss of rudder control will cause handling 

difficulties particularly during take-off, 

approach, and landing phases in cross winds. 

BAE Systems (Operations) Ltd has 

published Inspection Service Bulletin (ISB) 

53–200 that revises and supersedes the 

inspection requirements, which are defined 

in the Maintenance Review Board Report 

(MRBR) SSI Task 53–40–125, Supplemental 

Structural Inspections Document (SSID) 

Tasks 53–40–125.1 and 53–40–125.2 

(included in the Airworthiness Limitations 

Section of Aircraft Maintenance Manual 

Chapter 5 that is currently mandated as part 

of EASA AD 2007–0271 [which corresponds 

to an FAA NPRM, Directorate Identifier 

2007–NM–363–AD]) and in Maintenance 

Planning Document (MPD) Task Reference 

534025–DVI–10000–1. These revised 

inspection requirements and reduced 

inspection periods are to ensure that any 

fatigue damage is detected before it causes 

upper airbrake crossbeam failure. MRBR, 

SSID and MPD will be amended in due 

course to reflect these revised inspection 

periods. 

For the reasons stated above, this 

Airworthiness Directive (AD) requires the 

[high frequency eddy current and a low 

frequency phase analysis eddy current] 

inspection [for cracking, discrete surface 

damage, and discontinuity (corrosion and 

mechanical damage)] and, as necessary, 

repair of the airbrake upper crossbeam. 

The required actions include replacing the 

three rivets with Hi-lok pins. For cracking, 

damage, or discontinuity that is outside 

certain limits defined in the service bulletin, 

the repair includes contacting BAE Systems 

(Operations) Limited for repair instructions 

and doing the repair. 

Actions and Compliance 

(f) Unless already done, do the following 

actions: 

(1) At the applicable time specified in 

paragraphs (f)(1)(i) and (f)(1)(ii) of this AD, 

inspect for cracking, damage, and 

discontinuity of the airbrake upper 

crossbeam fastener positions and lightening 

holes; and replace the three rivets with Hilok pins; in accordance with paragraphs 2.B., 

2.C., and 2.D. of the Accomplishment 

Instructions of BAE Systems (Operations) 

Limited Inspection Service Bulletin ISB.53– 

200, Revision 1, dated March 13, 2007. If any 

crack, damage, or discontinuity is found: 

Before further flight, repair as required by 

paragraph (f)(3) of this AD. 

(i) For airplanes that have not been 

inspected in accordance with BAE Systems 

(Operations) Limited MRBR SSI Task No. 53– 

40–125 (MPD Reference 534025–DVI–10000– 

1) as of the effective date of this AD, do the 

inspection prior to accumulating 20,000 total 

flight cycles or 500 flight cycles after the 

effective date of this AD, whichever occurs 

later. 

(ii) For airplanes subject to MRBR and 

SSID requirements that have been inspected 

in accordance with BAE Systems 

(Operations) Limited MRBR SSI Task No. 53– 

40–125 (MPD Reference 534025–DVI–10000– 

1) as of the effective date of this AD, do the 

inspection at the latest of the times in 

paragraphs (f)(1)(ii)(A), (f)(1)(ii)(B), or 

(f)(1)(ii)(C) of this AD. 

(A) Before the accumulation of 4,000 flight 

cycles since last inspection. 

(B) Within 2,500 flight cycles (for MRBR 

airplanes), or within 1,000 flight cycles (for 

SSID airplanes) after the effective date of this 

AD; but not exceeding 8,000 flight cycles 

since the last inspection. 

(C) Within 500 flight cycles after the 

effective date of this AD. 

(2) Repeat the inspection required by 

paragraph (f)(1) of this AD thereafter at the 

applicable time specified in paragraph 

(f)(2)(i), (f)(2)(ii), or (f)(2)(iii) of this AD. If 

any crack, damage, or discontinuity is found: 

Before further flight, repair as required by 

paragraph (f)(3) of this AD. 

(i) Inspect fastener positions at the rivet 

locations at intervals not to exceed 4,000 

flight cycles. 

(ii) Inspect the holes at Hi-lok pin locations 

at intervals not to exceed 12,000 flight cycles. 

(iii) Inspect the lightening holes at 

intervals not to exceed 12,000 flight cycles. 

(3) If any crack, damage, or discontinuity 

is found during any inspection required by 

this AD: Before further flight, do the repair 

in accordance with paragraph 2.E. of the 

Accomplishment Instructions of BAE 

Systems (Operations) Limited Inspection 

Service Bulletin ISB.53–200, Revision 1, 

dated March 13, 2007. 

(4) Actions accomplished before the 

effective date of this AD in accordance with 

BAE Systems (Operations) Limited 

Inspection Service Bulletin ISB.53–200, 

dated December 21, 2006, are considered 

acceptable for compliance with the 

corresponding action specified in this AD. 


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Federal Register / Vol. 74, No. 158 / Tuesday, August 18, 2009 / Rules and Regulations 41607 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): 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, 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, 

the Office of Management and Budget (OMB) 

has approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI European Aviation 

Safety Agency Airworthiness Directive 2007– 

0307, dated December 17, 2007; and BAE 

Systems (Operations) Limited Inspection 

Service Bulletin ISB.53–200, Revision 1, 

dated March 13, 2007; for related 

information. 

Material Incorporated by Reference 

(i) You must use BAE Systems (Operations) 

Limited Inspection Service Bulletin ISB.53– 

200, Revision 1, dated March 13, 2007, 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 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact BAE Systems Regional 

Aircraft, 13850 McLearen Road, Herndon, 

Virginia 20171; telephone 703–736–1080; email raebusiness@baesystems.com; Internet 

http://www.baesystems.com/Businesses/ 

RegionalAircraft/index.htm. 

(3) 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 or 425–227–1152. 

(4) 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 August 

4, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–19442 Filed 8–17–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–1143; Directorate 

Identifier 2008–NM–136–AD; Amendment 

39–15990; AD 2009–16–07] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 737–600, –700, –700C, –800, and 

–900 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The FAA is superseding an 

existing airworthiness directive (AD), 

which applies to certain Boeing Model 

737–600, –700, –700C, –800, and –900 

series airplanes. That AD currently 

requires replacing brackets that hold the 

P5 panel to the airplane structure, the 

standby compass bracket assembly, the 

generator drive and standby power 

module, and the air conditioning 

module, as applicable. The existing AD 

also currently requires, among other 

actions, inspecting for wire length and 

for damage of the connectors and the 

wire bundles, and doing applicable 

corrective actions if necessary. This new 

AD requires an additional operational 

test of the P5–14 panel. This AD results 

from a report of an electrical burning 

smell in the flight compartment. We are 

issuing this AD to prevent wire bundles 

from contacting the overhead dripshield 

panel and modules in the P5 overhead 

panel, which could result in electrical 

arcing and shorting of the electrical 

connector and consequent loss of 

several critical systems essential for safe 

flight; and to ensure proper operation of 

the passenger oxygen system. If an 

improperly functioning passenger 

oxygen system goes undetected, the 

passenger oxygen mask could fail to 

deploy and result in possible 

incapacitation of passengers during a 

depressurization event. 

DATES: This AD becomes effective 

September 22, 2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of September 22, 2009. 

On June 22, 2006 (71 FR 28766, May 

18, 2006), the Director of the Federal 

Register approved the incorporation by 

reference of certain other publications 

listed in the AD. 

ADDRESSES: For service information 

identified in this AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, P.O. Box 3707, 

MC 2H–65, Seattle, Washington 98124– 

2207; telephone 206–544–5000, 

extension 1; fax 206–766–5680; e-mail 

me.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. 

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 AD, the regulatory 

evaluation, any comments received, and 

other information. The address for the 

Docket Office (telephone 800–647–5527) 

is the Document Management Facility, 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

Binh Tran, Systems and Equipment 

Branch, ANM–130S, FAA, Seattle 

Aircraft Certification Office, 1601 Lind 

Avenue, SW., Renton, Washington 

98057–3356; telephone (425) 917–6485; 

fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: 

Discussion 

The FAA issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that 

supersedes AD 2006–10–17, amendment 

39–14601 (71 FR 28766, May 18, 2006). 

The existing AD applies to certain 

Boeing Model 737–600, –700, –700C, 

–800, and –900 series airplanes. That 

NPRM was published in the Federal 

Register on October 31, 2008 (73 FR 

64894). That NPRM proposed to 

continue to require replacing brackets 

that hold the P5 panel to the airplane 

structure, the standby compass bracket 

assembly, the generator drive and 


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