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[Federal Register: May 21, 2010 (Volume 75, Number 98)]
[Rules and Regulations]               
[Page 28463-28465]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21my10-1]                         

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
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[[Page 28463]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0909; Directorate Identifier 2007-NM-363-AD; 
Amendment 39-16301; AD 2010-10-22]
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: Final rule.

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

SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD), which applies to Model BAe 146 airplanes and Model Avro 146-RJ 
airplanes. That AD 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. This new 
AD requires incorporating new and more restrictive life limits for 
certain items and for certain inspections to detect fatigue cracking in 
certain structures. This AD also requires revising the airworthiness 
limitations to include critical design configuration control 
limitations for the fuel system. This AD results from issuance of a 
later revision to the airworthiness limitations. 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.

DATES: This AD becomes effective June 25, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of June 25, 
2010.

ADDRESSES: For BAE SYSTEMS (Operations) Limited 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.
    For Messier-Dowty service information identified in this AD, 
contact Messier-Dowty Limited, Cheltenham Road, Gloucester GL2 9QH, 
England; telephone +44(0)1452 712424; fax +44(0)1452 713821; Internet 
https://techpubs.services.messier-dowty.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: 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:

Discussion

    The FAA issued a supplemental notice of proposed rulemaking (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. That supplemental NPRM was published 
in the Federal Register on March 9, 2010 (75 FR 10701). That 
supplemental NPRM proposed 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. That 
supplemental 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. That supplemental 
NPRM also proposed to require revising the airworthiness limitations to 
include critical design configuration control limitations for the fuel 
system.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. No comments have been received on the 
supplemental NPRM or on the determination of the cost to the public.

Conclusion

    We have carefully reviewed the available data and determined that 
air safety and the public interest require adopting the AD as proposed 
in the supplemental NPRM.

Costs of Compliance

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

[[Page 28464]]

                                                 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             1          $85  None............          $85            1          $85
 2005-23-12).
ALS Revision (new 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 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 that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under 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. 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.

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

2010-10-22 BAE SYSTEMS (Operations) Limited: Amendment 39-16301. 
Docket No. FAA-2008-0909; Directorate Identifier 2007-NM-363-AD.

Effective Date

    (a) This AD becomes effective June 25, 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 (CDCCLs) 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.

[[Page 28465]]

    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 sub-chapters 
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 airplanes post-modification HCM20011A or
  HCM20012A or HCM20013A.
\2\ Applicable only to airplanes 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 paragraph (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 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.

Material Incorporated by Reference

    (m) If you do the optional modification specified in this AD, 
you must use Messier-Dowty Service Bulletin 146-32-171, dated August 
11, 2009, to do those actions, 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 Messier-Dowty service information identified in this AD, 
contact Messier-Dowty Limited, Cheltenham Road, Gloucester GL2 9QH, 
England; telephone +44(0)1452 712424; fax +44(0)1452 713821; 
Internet https://techpubs.services.messier-dowty.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.
    (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 May 3, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-11356 Filed 5-20-10; 8:45 am]
BILLING CODE 4910-13-P
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