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[Federal Register: August 13, 2010 (Volume 75, Number 156)]
[Rules and Regulations]               
[Page 49377-49379]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13au10-8]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0222; Directorate Identifier 2008-NM-012-AD; 
Amendment 39-16387; AD 2010-16-10]
RIN 2120-AA64

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

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

ACTION: Final rule.

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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:

    A potential fleet wide problem has been identified regarding the 
interchanging of wing links on all BAe 146 & AVRO 146-RJ aircraft 
during scheduled maintenance. Some operators erroneously believed 
that these parts were interchangeable. The effects of changing 
winglinks has resulted in either a shorter or longer wing link being 
fitted, which introduces local stresses in the wing top and bottom 
surfaces local to rib 2, wing links and wing link fitting attachment 
and the fuselage local to Frames 26 and 29. This condition, if not 
corrected, could result in a reduction of structural integrity of 
the fuselage/wing attachment with possible catastrophic 
consequences.
* * * * *
The unsafe condition could result in loss of a wing or controllability 
of the airplane. We are issuing this AD to require actions to correct 
the unsafe condition on these products.

DATES: This AD becomes effective September 17, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 
17, 2010.

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 March 15, 2010 (75 
FR 12158). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

A potential fleet wide problem has been identified regarding the 
interchanging of wing links on all BAe 146 & AVRO 146-RJ aircraft 
during scheduled maintenance. Some operators erroneously believed 
that these parts were interchangeable. The effects of changing 
winglinks has resulted in either a shorter or longer wing link being 
fitted, which introduces local stresses in the wing top and bottom 
surfaces local to rib 2, wing links and wing link fitting attachment 
and the fuselage local to Frames 26 and 29. This condition, if not 
corrected, could result in a reduction of structural integrity of 
the fuselage/wing attachment with possible catastrophic 
consequences.

    For the reasons described above, the present Airworthiness 
Directive (AD) requires the accomplishment of inspections and 
rectification actions, as necessary.

The unsafe condition could result in loss of a wing or controllability 
of the airplane. The inspections include inspecting wing links for 
incorrect part numbers (i.e., parts that are not original), inspecting 
to determine wing geometry measurements, and inspecting the wing link, 
bores, bolts, and nuts for corrosion. Corrective actions include 
installing wing-to-fuselage fairings and repairing. 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.

Explanation of Change to Applicability

    We have revised the applicability in paragraph (c) of this final 
rule to identify model designations as published in the most recent 
type certificate data sheet for the affected models.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD with the change described 
previously. We determined that this change will not

[[Page 49378]]

increase the economic burden on any operator or increase the scope of 
the AD.

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 will affect 1 product of U.S. registry. We 
also estimate that it will take about 180 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Required parts will cost about $0 per product. 
Where the service information lists required parts costs that are 
covered under warranty, we have assumed that there will be no charge 
for these parts. As we do not control warranty coverage for affected 
parties, some parties may incur costs higher than estimated here. Based 
on these figures, we estimate the cost of this AD to the U.S. operators 
to be $15,300.

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 adding the following new AD:

2010-16-10 BAE Systems (Operations) Limited: Amendment 39-16387. 
Docket No. FAA-2010-0222; Directorate Identifier 2008-NM-012-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective 
September 17, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to BAE Systems (Operations) Limited Model 
BAe 146-100A, -200A, and -300A airplanes, and Avro 146-RJ70A, 146-
RJ85A, and 146-RJ100A airplanes; all serial numbers; certificated in 
any category; as identified in paragraph 1.A.(1) of BAE Systems 
(Operations) Limited Inspection Service Bulletin ISB.53-175, 
Revision 1, dated April 2, 2007.

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    A potential fleet wide problem has been identified regarding the 
interchanging of wing links on all BAe 146 & AVRO 146-RJ aircraft 
during scheduled maintenance. Some operators erroneously believed 
that these parts were interchangeable. The effects of changing wing 
links has resulted in either a shorter or longer wing link being 
fitted, which introduces local stresses in the wing top and bottom 
surfaces local to rib 2, wing links and wing link fitting attachment 
and the fuselage local to Frames 26 and 29. This condition, if not 
corrected, could result in a reduction of structural integrity of 
the fuselage/wing attachment with possible catastrophic 
consequences.
    For the reasons described above, the present Airworthiness 
Directive (AD) requires the accomplishment of inspections and 
rectification actions, as necessary.

The unsafe condition could result in loss of a wing or 
controllability of the airplane. The inspections include inspecting 
wing links for incorrect part numbers (i.e., parts that are not 
original), inspecting to determine wing geometry measurements, and 
inspecting the wing link, bores, bolts, and nuts for corrosion. 
Corrective actions include installing wing-to-fuselage fairings and 
repairing.

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.

Actions

    (g) Do the following actions.
    (1) For airplanes subject to maintenance review board report 
(MRBR) requirements: Within 30 days after the effective date of this 
AD, revise the supplemental structural inspection (SSI) portion of 
the airplane inspection schedule, in accordance with paragraph 
1.D.(2) of BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.53-175, Revision 1, dated April 2, 2007. Do the initial 
inspection at the applicable time, and repeat at the applicable 
intervals, as specified in Appendix 3 of BAE Systems (Operations) 
Limited Inspection Service Bulletin ISB.53-175, Revision 1, dated 
April 2, 2007. Where Appendix 3 of BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.53-175, Revision 1, dated April 2, 
2007, does not

[[Page 49379]]

specify a compliance time in either flight cycles or in flight 
hours, use flight cycles.
    (2) For airplanes subject to MRBR requirements: Accomplishing 
the inspections and all applicable corrective actions specified in 
paragraph 1.D.(3) of BAE Systems (Operations) Limited Inspection 
Service Bulletin ISB.53-175, Revision 1, dated April 2, 2007, 
terminates the revisions to the SSI portion of the airplane 
inspection schedule incorporated in accordance with paragraph (g)(1) 
of this AD, provided that if any corrosion is found during any 
inspection specified in ``Part C'' or ``Part D'' of paragraph 2.C. 
of BAE Systems (Operations) Limited Inspection Service Bulletin 
ISB.53-175, Revision 1, dated April 2, 2007, repair is accomplished 
before further flight using a method approved by the Manager, 
International Branch, ANM 116, Transport Airplane Directorate, FAA, 
or EASA (or its delegated agent).
    (3) For operational airplanes subject to MRBR-to-supplemental-
structural-inspection-document (SSID) transition requirements or to 
SSID requirements: Within 5,000 flight cycles after the effective 
date of this AD, do the inspections and all applicable corrective 
actions, in accordance with paragraph 2.C. of the Accomplishment 
Instructions of BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.53-175, Revision 1, dated April 2, 2007, except if any 
corrosion is found during any inspection specified in ``Part C'' or 
``Part D'' of paragraph 2.C. of BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.53-175, Revision 1, dated April 2, 
2007, repair must be accomplished using a method approved by the 
Manager, International Branch, ANM 116, Transport Airplane 
Directorate, FAA, or EASA (or its delegated agent). Do all 
applicable corrective actions before further flight, except that 
replacements of all the wing links that are not within the specified 
tolerance must be done before the airplane reaches its MRBR airframe 
life limit.

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

    (4) For any inspection done in accordance with paragraph (g)(2) 
or (g)(3) of this AD: Send reports to BAE Systems, Customer Liaison, 
Customer Support (Building 37), BAE Systems (Operations) Limited, 
Prestwick International Airport, Ayrshire, KA9 2RW, Scotland; fax 
+44 (0) 1292 675432; e-mail raengliason@baesystems.com; at the 
applicable time specified in paragraph (g)(4)(i) or (g)(4)(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.
    (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.
    (5) For airplanes that are non-operational as of the effective 
date of this AD and that are subject to MRBR-to-SSID transition 
requirements or to SSID requirements: Before returning any airplane 
to service, do the inspections and all applicable corrective 
actions, in accordance with paragraph 2.C. of the Accomplishment 
Instructions of BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.53-175, Revision 1, dated April 2, 2007, except if any 
corrosion is found during any inspection specified in ``Part C'' or 
``Part D'' of paragraph 2.C. of BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.53-175, Revision 1, dated April 2, 
2007, repair must be accomplished using a method approved by the 
Manager, International Branch, ANM-116, Transport Airplane 
Directorate, FAA, or EASA (or its delegated agent).
    (6) Actions accomplished before the effective date of this AD in 
accordance with BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.53-175, dated December 21, 2006, are considered 
acceptable for compliance with the corresponding action specified in 
this AD.

FAA AD Differences

    Note 2:  This AD differs from the MCAI and/or service 
information as follows: The MCAI does not specify a corrective 
action if corrosion is found during accomplishment of the actions 
specified in ``Part C'' and ``Part D'' of paragraph 2.C. of BAE 
Systems (Operations) Limited Inspection Service Bulletin ISB.53-175, 
Revision 1, dated April 2, 2007. This AD requires that if any 
corrosion is found, a repair must be done in accordance with a 
method approved by the FAA or EASA (or its delegated agent).

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 EASA Airworthiness Directive 2008-0003, dated 
January 8, 2008; and BAE Systems (Operations) Limited Inspection 
Service Bulletin ISB.53-175, Revision 1, dated April 2, 2007; for 
related information.

Material Incorporated by Reference

    (j) You must use BAE Systems (Operations) Limited Inspection 
Service Bulletin ISB.53-175, Revision 1, dated April 2, 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 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 (Operations) Limited, Customer Information Department, 
Prestwick International Airport, Ayrshire, KA9 2RW, Scotland, United 
Kingdom; telephone +44 1292 675207; fax +44 1292 675704; e-mail 
RApublications@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.
    (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 July 28, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-19340 Filed 8-12-10; 8:45 am]
BILLING CODE 4910-13-P
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