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 week.

Rules and Regulations Federal Register

28463 

Vol. 75, No. 98 

Friday, May 21, 2010 

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.messierdowty.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. 


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28464 Federal Register / Vol. 75, No. 98 / Friday, May 21, 2010 / Rules and Regulations 

ESTIMATED COSTS

Action Work hours 

Average 

labor rate 

per hour 

Parts Cost per 

airplane 

Number of 

U.S.- 

registered 

airplanes 

Fleet cost 

ALS Revision (required by AD 

2005–23–12).

1 $85 None ............................................. $85 1 $85 

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 

■ 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 Federal Aviation 

Administration (FAA) amends § 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. 


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Federal Register / Vol. 75, No. 98 / Friday, May 21, 2010 / Rules and Regulations 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 SUBCHAPTERS

AMM Subchapter 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. 

1Applicable only to airplanes post-modification HCM20011A or HCM20012A or 

HCM20013A. 2Applicable only to airplanes post-modification HCM20010A. 3Paragraphs 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 MessierDowty 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 MessierDowty 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 MessierDowty 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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0791; Directorate 

Identifier 2008–NM–213–AD; Amendment 

39–16303; AD 2010–10–24] 

RIN 2120–AA64 

Airworthiness Directives; DassaultAviation Model FALCON 2000 and 

FALCON 2000EX 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: 

During the overhaul of a Main Landing 

Gear (MLG) of a Falcon 2000, the sleeve on 

the hydraulic flow restrictor in the shock 

absorber was found displaced, because of the 

rupture of its three retaining screws. * * * 

Failure of the retaining screws has been 

determined to be the final phase of a slow 

unscrewing process under normal 

operational conditions. The unsafe condition 

only exists once the three screws have failed. 

* * * * * 


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