37022 Federal Register / Vol. 70, No. 123 / Tuesday, June 28, 2005 / Rules and Regulations 

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

§ 39.13 [Amended]

■ 2. Section 39.13 is amended by adding 

the following new airworthiness 

directive:

2005–13–31 Short Brothers PLC:

Amendment 39–14168. Docket 2003–

NM–127–AD.

Applicability: All Model SD3–60 airplanes, 

certificated in any category. 

Compliance: Required as indicated, unless 

accomplished previously. 

To detect and correct corrosion in the area 

of the main spar web fittings of the vertical 

stabilizer, which could result in reduced 

structural integrity of the vertical stabilizer, 

accomplish the following: 

Inspection and Previous Actions 

(a) Except as provided by paragraphs (a)(1) 

and (a)(2) of this AD, within 4,800 flight 

hours or 90 days after the effective date of 

this AD, whichever occurs first, do a 

borescope inspection to detect corrosion of 

the shear attachment fittings of the vertical 

stabilizer, in accordance with the 

Accomplishment Instructions of Short 

Brothers Service Bulletin SD360–53–45, 

dated December 2003. 

(1) If an airplane (the shear attachment 

fitting) has been inspected in accordance 

with the Accomplishment Instructions of 

Short Brothers Service Bulletin SD360–53–

44, Revision 1, dated January 24, 2003, before 

the effective date of this AD, and was found 

to have no corrosion on the fittings, then the 

initial inspection specified in paragraph (a) 

of this AD is not required. 

(2) If the shear attachment fitting has been 

inspected in accordance with the 

Accomplishment Instructions of Short 

Brothers Service Bulletin SD360–53–44, 

Revision 1, dated January 24, 2003, and was 

found to have corrosion, but the corroded 

fitting is not yet replaced, then a review of 

the inspection results is required to 

determine if the corrosion was within the 

acceptable limits specified in Short Brothers 

Service Bulletin SD360–53–45, dated 

December 2003. 

Corrective Actions and Repetitive 

Inspections 

(b) If any corrosion is found during the 

inspection required by paragraph (a) of this 

AD, do the applicable actions required by 

paragraph (b)(1) or (b)(2) of this AD. 

(1) If any corrosion is within the limits 

specified in the Accomplishment 

Instructions of Short Brothers Service 

Bulletin SD360–53–45, dated December 

2003, do the actions required by paragraphs 

(b)(1)(i) and (b)(1)(ii) of this AD. 

(i) Repeat the inspection required by the 

service bulletin at intervals not to exceed 6 

months. 

(ii) Within 18 months after the initial 

inspection required by paragraph (a) of this 

AD, replace all corroded shear attachment 

fittings in accordance with the 

Accomplishment Instructions of the service 

bulletin. Accomplishing the replacement 

ends the repetitive inspections required by 

paragraph (b)(1)(i) of this AD. 

(2) If any corrosion is outside the limits 

specified in the Accomplishment 

Instructions of Short Brothers Service 

Bulletin SD360–53–45, dated December 

2003, before further flight, replace the 

corroded fitting with a new fitting, in 

accordance with the Accomplishment 

Instructions of the service bulletin. 

(c) If no corrosion is found during the 

inspection required by paragraph (a) or if the 

fitting was replaced with a new fitting in 

accordance with Short Brothers Service 

Bulletin SD360–53–45, dated December 

2003, do the actions in paragraphs (c)(1) and 

(c)(2) of this AD. 

(1) Within 24 months after the initial 

inspection required by paragraph (a) of this 

AD or within 24 months after replacement of 

the fitting with a new one, whichever occurs 

later, do a borescope (intrascope) detailed 

inspection for corrosion, in accordance with 

Part A of the Accomplishment Instructions of 

Short Brothers Service Bulletin SD360–53–

45, dated December 2003. Repeat this 

inspection thereafter at intervals not to 

exceed 24 months. Do corrective actions in 

accordance with paragraph (b) of this AD. 

(2) Thereafter, except as provided in 

paragraph (f) of this AD, no alternative 

borescope inspections may be approved. 

Previous Repetitive Inspections 

(d) Borescope (intrascope) detailed 

inspections done before the effective date of 

this AD in accordance with Bombardier 

Temporary Revisions (TR) TR360–MPSUPP–

04 and TR360–MPSUPP–03, both dated 

August 20, 2003, are acceptable for 

compliance with the requirements of 

paragraph (c)(1) of this AD. 

Disposition of Repairs for Corroded/

Oversized Holes 

(e) Where Short Brothers Service Bulletin 

SD360–53–45, dated December 2003, says to 

contact the manufacturer for action on any 

corroded or oversized hole found during the 

inspection required by paragraph (a) or (c) of 

this AD, before further flight, repair in 

accordance with a method approved by 

either the Manager, International Branch, 

ANM–116, FAA, Transport Airplane 

Directorate; or the Civil Aviation Authority 

(or its delegated agent). 

Alternative Methods of Compliance 

(f) In accordance with 14 CFR 39.19, the 

Manager, International Branch, ANM–116, is 

authorized to approve alternative methods of 

compliance for this AD.

Note 1: The subject of this AD is addressed 

in British airworthiness directive G–2004–

0005, effective March 16, 2004.

Incorporation by Reference 

(g) You must use Short Brothers Service 

Bulletin SD360–53–45, dated December 

2003, to perform the actions that are required 

by this AD, unless the AD specifies 

otherwise. The Director of the Federal 

Register approves the incorporation by 

reference of this document in accordance 

with 5 U.S.C. 552(a) and 1 CFR part 51. To 

get copies of the service information, contact 

Short Brothers, Airworthiness & Engineering 

Quality, P.O. Box 241, Airport Road, Belfast 

BT3 9DZ, Northern Ireland. To inspect copies 

of this service information, go to the FAA, 

Transport Airplane Directorate, 1601 Lind 

Avenue, SW., Renton, Washington; or to the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at the NARA, 

call (202) 741–6030, or go to http://

www.archives.gov/federal_register/code_of_

federal_regulations/ibr_locations.html. 

Effective Date 

(h) This amendment becomes effective on 

August 2, 2005.

Issued in Renton, Washington, on June 14, 

2005. 

Kevin M. Mullin, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 05–12508 Filed 6–27–05; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2004–18716; Directorate 

Identifier 2003–NM–240–AD; Amendment 

39–14156; AD 2005–13–19] 

RIN 2120–AA64 

Airworthiness Directives; BAE 

Systems (Operations) Limited Model 

BAe 146 and Avro 146–RJ Series 

Airplanes

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT).

ACTION: Final rule.

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for all BAE 

Systems (Operations) Limited Model 

BAe 146 and Avro 146–RJ series 

airplanes. This AD requires repetitive 

external eddy current inspections of the 

forward fuselage skin to detect cracking 

due to fatigue, and repair if necessary. 

This AD is prompted by evidence of 

cracking due to fatigue along the edges 

of the chemi-etched pockets in certain 

front fuselage canopy skin panels. We 

are issuing this AD to detect and correct 

this cracking, which could result in 

reduced structural integrity of the 

airplane fuselage.

DATES: This AD becomes effective 

August 2, 2005. 

The incorporation by reference of a 

certain publication listed in the AD is 

approved by the Director of the Federal 

Register as of August 2, 2005.

ADDRESSES: For service information 

identified in this AD, contact British 

Aerospace Regional Aircraft American 

Support, 13850 Mclearen Road, 

Herndon, Virginia 20171. 

Federal Register / Vol. 70, No. 123 / Tuesday, June 28, 2005 / Rules and Regulations 37023

Docket: The AD docket contains the 

proposed AD, comments, and any final 

disposition. You can examine the AD 

docket on the Internet at http://

dms.dot.gov, or in person at the Docket 

Management Facility office between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The 

Docket Management Facility office 

(telephone (800) 647–5227) is located on 

the plaza level of the Nassif Building at 

the U.S. Department of Transportation, 

400 Seventh Street, SW., room PL–401, 

Washington, DC. This docket number is 

FAA–2004–18716; the directorate 

identifier for this docket is 2003–NM–

240–AD.

FOR FURTHER INFORMATION CONTACT:

Todd Thompson, Aerospace Engineer; 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 227–1175; 

fax (425) 227–1149. 

Examining the Docket 

The AD docket contains the proposed 

AD, comments, and any final 

disposition. You can examine the AD 

docket on the Internet at http://

dms.dot.gov, or in person at the Docket 

Management Facility office between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The 

Docket Management Facility office 

(telephone (800) 647–5227) is located on 

the plaza level of the Nassif Building at 

the DOT street address stated in the 

ADDRESSES section.

SUPPLEMENTARY INFORMATION: The FAA 

proposed to amend 14 CFR Part 39 with 

an AD for all BAE Systems (Operations) 

Limited Model BAe 146 and Avro 146–

RJ series airplanes. That action, 

published in the Federal Register on 

July 30, 2004 (69 FR 45614), proposed 

to require repetitive external eddy 

current inspections of the forward 

fuselage skin to detect cracking due to 

fatigue, and repair if necessary. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. We have 

considered the comments that have 

been submitted on the proposed AD. 

Request To Refer to Revised Service 

Information 

One commenter requests that we 

revise the proposed AD to refer to BAE 

Systems (Operations) Limited 

Inspection Service Bulletin ISB.53–167, 

including Appendix 2, Revision 1, dated 

May 18, 2004, as the acceptable source 

of service information for the actions 

required by paragraph (f) of the 

proposed AD. Paragraph (f) of the 

proposed AD refers to BAE Systems 

(Operations) Limited Inspection Service 

Bulletin ISB.53–167, including 

Appendices 2 and 3, all dated June 27, 

2003, as the applicable source of service 

information for the actions specified in 

that paragraph. 

We concur. We have reviewed BAE 

Systems (Operations) Limited 

Inspection Service Bulletin ISB.53–167, 

including Appendix 2, Revision 1. The 

instructions in Revision 1 are essentially 

the same as those in the original issue 

of the service bulletin, including 

Appendices 2 and 3. Accordingly, we 

have revised this AD to refer to BAE 

Systems (Operations) Limited 

Inspection Service Bulletin ISB.53–167, 

including Appendix 2, Revision 1, as 

the applicable source of service 

information for the actions required by 

paragraph (f) of this AD. We have also 

added a new paragraph (g) (and 

reidentified subsequent paragraphs 

accordingly) to give credit for 

inspections accomplished before the 

effective date of this AD in accordance 

with the original issue of the service 

bulletin, including Appendices 2 and 3. 

In the proposed AD, we explained 

two differences between the proposed 

AD and the original issue of the service 

bulletin. These differences continue to 

apply between this AD and Revision 1 

of the service bulletin. For the 

convenience of operators, these 

differences are repeated as follows:

• Although the referenced service 

bulletin describes procedures for 

submitting Appendix 1 of the service 

bulletin with inspection results to the 

manufacturer, this AD does not require 

that action. We do not need this 

information from operators. 

• The service bulletin specifies that 

you may perform repairs in accordance 

with the structural repair manual 

(SRM), or that you may contact the 

manufacturer for instructions on how to 

repair conditions outside the limits 

defined in the SRM, but this AD 

requires you to repair those conditions 

using a method that we or the CAA (or 

its delegated agent) approve. In light of 

the type of repair that would be required 

to address the unsafe condition, and 

consistent with existing bilateral 

airworthiness agreements, we have 

determined that, for this AD, a repair we 

or the CAA approve would be 

acceptable for compliance with this AD. 

Request To Extend Compliance Time 

One commenter requests that we 

extend the repetitive interval for Model 

Avro 146-RJ series airplanes from 4,000 

to 6,000 flight cycles. The commenter 

notes that a 6,000-flight-cycle repetitive 

interval would be more compatible with 

normal maintenance schedules. The 

commenter provides no justification for 

the requested change other than for the 

convenience of its maintenance 

program. 

We do not concur. In developing a 

repetitive interval for this AD, we 

considered the manufacturer’s 

recommendation and the action taken 

by the CAA, as well as the degree of 

urgency associated with the subject 

unsafe condition. In light of these 

factors, we find that a 4,000-flight-cycle 

repetitive interval represents an 

appropriate interval of time for Model 

Avro 146-RJ series airplanes to operate 

between inspections without 

compromising safety. We note that this 

is consistent with the repetitive interval 

specified in the referenced service 

bulletin. However, under the provisions 

of paragraph (i) of this AD, we may 

approve a request to adjust the 

compliance time if data are submitted to 

substantiate that such an adjustment 

would provide an acceptable level of 

safety. We have not changed the AD in 

this regard. 

Explanation of Editorial Changes 

We have revised the statement of 

unsafe condition in the Summary and 

paragraph (d) of this AD to better clarify 

that this AD is intended to detect and 

correct fatigue cracking along the edges 

of the chemi-etched pockets in certain 

front fuselage canopy skin panels, 

which could result in reduced structural 

integrity of the airplane fuselage. 

We have also revised paragraphs 

(f)(1)(ii) and (f)(2)(ii) of this AD to 

clarify that repair must be accomplished 

before further flight on any area where 

a crack is found. The proposed AD 

implied but did not explicitly state that 

a repair must be accomplished before 

further flight. 

Conclusion 

We have carefully reviewed the 

available data, including the comments 

that have been submitted, and 

determined that air safety and the 

public interest require adopting the AD 

with the changes described previously. 

We have determined that these changes 

will neither increase the economic 

burden on any operator nor increase the 

scope of the AD. 

Costs of Compliance 

This AD affects about 54 airplanes of 

U.S. registry. The required actions will 

take about 40 work hours per airplane, 

at an average labor rate of $65 per work 

hour. Based on these figures, the 

estimated cost of this AD for U.S. 

operators is $140,400, or $2,600 per 

airplane, per inspection cycle. 

37024 Federal Register / Vol. 70, No. 123 / Tuesday, June 28, 2005 / Rules and Regulations 

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. 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 FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD):

2005–13–19 BAE Systems (Operations) 

Limited (Formerly British Aerospace 

Regional Aircraft): Amendment 39–

14156. Docket No. FAA–2004–18716; 

Directorate Identifier 2003–NM–240–AD. 

Effective Date 

(a) This AD becomes effective August 2, 

2005. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all BAE Systems 

(Operations) Limited Model BAe 146 and 

Avro 146-RJ series airplanes, certificated in 

any category. 

Unsafe Condition 

(d) This AD was prompted by evidence of 

cracking due to fatigue along the edges of the 

chemi-etched pockets in certain front 

fuselage canopy skin panels. We are issuing 

this AD to detect and correct this cracking, 

which could result in reduced structural 

integrity of the airplane fuselage. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Inspections and Repair 

(f) Within the applicable compliance time 

specified in paragraph (f)(1) or (f)(2) of this 

AD, perform an external eddy current 

inspection of the forward fuselage skin to 

detect cracking, in accordance with the 

Accomplishment Instructions of BAE 

Systems (Operations) Limited Modification 

Service Bulletin ISB.53–167, including 

Appendix 2, Revision 1, dated May 18, 2004. 

(1) For Model BAe 146 series airplanes: 

Inspect before the accumulation of 16,000 

total landings, or within 4,000 landings after 

the effective date of this AD, whichever is 

later. 

(i) For areas where no crack is found, 

repeat the inspection at intervals not to 

exceed 8,000 landings. 

(ii) For areas where any crack is found, 

before further flight, perform repairs in 

accordance with a method approved by the 

Manager, International Branch, ANM–116, 

Transport Airplane Directorate, FAA, or the 

Civil Aviation Authority (CAA) (or its 

delegated agent). No further inspection of any 

repaired area is required by this AD. 

(2) For Model Avro 146-RJ series airplanes: 

Inspect before the accumulation of 10,000 

total landings, or within 2,000 landings after 

the effective date of this AD, whichever is 

later. 

(i) For areas where no crack is found, 

repeat the inspection at intervals not to 

exceed 4,000 landings. 

(ii) For areas where any crack is found, 

before further flight, perform repairs in 

accordance with a method approved by the 

Manager, International Branch, ANM–116, or 

the CAA (or its delegated agent). No further 

inspection of any repaired area is required by 

this AD. 

Inspections Accomplished According to 

Previous Issue of Service Bulletin 

(g) Inspections accomplished before the 

effective date of this AD in accordance with 

BAE Systems (Operations) Limited 

Inspection Service Bulletin ISB.53–167, 

including Appendices 2 and 3, all dated June 

27, 2003, are considered acceptable for 

compliance with the corresponding action 

specified in paragraph (f) of this AD. 

No Reporting Requirement 

(h) Although the service bulletin 

referenced in this AD specifies to submit 

Appendix 1 of the service bulletin with 

certain information to the manufacturer, this 

AD does not include that requirement. 

Alternative Methods of Compliance 

(AMOCs) 

(i) The Manager, International Branch, 

ANM–116, has the authority to approve 

AMOCs for this AD, if requested in 

accordance with the procedures found in 14 

CFR 39.19. 

Related Information 

(j) British airworthiness directive 007–06–

2003 also addresses the subject of this AD. 

Material Incorporated by Reference 

(k) You must use BAE Systems 

(Operations) Limited Modification Service 

Bulletin ISB.53–167, including Appendix 2, 

Revision 1, dated May 18, 2004, to perform 

the actions that are required by this AD, 

unless the AD specifies otherwise. The 

Director of the Federal Register approves the 

incorporation by reference of this document 

in accordance with 5 U.S.C. 552(a) and 1 CFR 

part 51. To get copies of the service 

information, go to British Aerospace Regional 

Aircraft American Support, 13850 Mclearen 

Road, Herndon, Virginia 20171. To view the 

AD docket, go to the Docket Management 

Facility, U.S. Department of Transportation, 

400 Seventh Street SW, room PL–401, Nassif 

Building, Washington, DC. To review copies 

of the service information, go to the National 

Archives and Records Administration 

(NARA). For information on the availability 

of this material at the 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 June 14, 

2005. 

Kevin M. Mullin, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 05–12511 Filed 6–27–05; 8:45 am] 

BILLING CODE 4910–13–P