```

[Federal Register: July 1, 2010 (Volume 75, Number 126)]
[Proposed Rules]               
[Page 38058-38061]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jy10-25]                         

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0642; Directorate Identifier 2007-NM-332-AD]
RIN 2120-AA64

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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed 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:

    * * * [F]uel leaks and failed fasteners [have been reported] in 
the region of the rear spar root joint attachment fitting at wing 
rib 2. * * *
* * * * *

The unsafe condition is stress corrosion failures in the region of the 
rear spar root joint attachment fitting at wing rib 2, which could lead 
to reduced structural integrity of the wing, and consequent reduced 
controllability of the airplane. The proposed AD would require actions 
that are intended to address the unsafe condition described in the 
MCAI.

DATES: We must receive comments on this proposed AD by August 16, 2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New 
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact BAE 
Systems (Operations) Limited, Customer Information Department, 
Prestwick

[[Page 38059]]

International Airport, Ayrshire, KA9 2RW, Scotland, United Kingdom; 
telephone +44 1292 675207; facsimile +44 1292 675704; e-mail 
RApublications@baesystems.com; Internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm. You may review copies of the 
referenced 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.

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 this proposed AD, 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.

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:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2010-0642; 
Directorate Identifier 2007-NM-332-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We have lengthened the 30-day comment period for proposed ADs that 
address MCAI originated by aviation authorities of other countries to 
provide adequate time for interested parties to submit comments. The 
comment period for these proposed ADs is now typically 45 days, which 
is consistent with the comment period for domestic transport ADs.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2007-0270 R1, dated November 7, 2007 (referred 
to after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    British Aerospace originally issued Service Bulletin (SB) 57-033 
in 1989 to detect fuel leaks and failed fasteners in the region of 
the rear spar root joint attachment fitting at wing rib 2. 
Accomplishment of this SB was mandated by the [Civil Aviation 
Authority] CAA United Kingdom AD 044-09-89. Revisions 1 through 7 of 
this SB were introduced to inspect pre mod HCM01447A standard 
installations for fuel leaks and loose or broken bolts. Modification 
HCM01447A introduced tension bolts in the attachment fitting instead 
of the previous Hi-Lok bolts. Revision 8 of the SB introduced 
inspection instructions for post modification HCM01447A 
installations because fuel tank leaks and failed fasteners have 
subsequently been found on aircraft post modification HCM01447A. 
Inspections of the post-mod HCM01447A standard are required to 
maintain the structural integrity of the wing. BAE Systems has now 
published SB 57-033 Revision 9 that specifies additional, calendar-
time based, inspection criteria to control the stress corrosion 
failures of the pre and post modification HCM01447A installations.
    EASA AD 2007-0270 supersedes CAA UK AD 044-09-89 and requires 
the accomplishment of inspections and corrective actions, as 
necessary, in accordance with BAE Systems SB 57-033 Revision 9.
    This [EASA] AD [2007-0270 R1] is revised to clarify that the 
calendar compliance times are to be counted from the effective date, 
not from the SB issue date.

The unsafe condition is stress corrosion failures in the region of the 
rear spar root joint attachment fitting at wing rib 2, which could lead 
to reduced structural integrity of the wing, and consequent reduced 
controllability of the airplane. Required actions include a general 
inspection to identify the type of bolt and nut at each location, 
external inspections of the bolt installation of the fuel tanks, 
related investigative actions, and corrective actions, as applicable.
    The general inspection includes identifying the type of bolt and 
nut at each location.
    External inspections of the bolt installation include:
     Visually inspecting for proper nut installation, nut 
seating, and fuel seepage.
     Checking for gaps between the fitting and wing structure.
     Checking the nuts with a suitable torque spanner to the 
specifications in the torque figures shown in Table 2. of the 
Accomplishment Instructions of BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.57-033, Revision 9, dated October 10, 
2006, if Hi-Loks are installed, and
     Doing either an ultrasonic inspection for damaged bolts or 
torque check of the tension bolts.
    Related investigative actions include:
     Inspecting the condition of the sealant at and around all 
rear spar root joint attachment bolts.
     Checking the bolt for damage or evidence of the nut being 
tightened to the end of the thread.
     Examining the wear pattern on the seating surfaces of the 
bolt and nut to determine if the bolt and nut have been evenly seated 
on the structure.
     Visually inspecting bolt hole and surrounding area for 
damage, and
     Confirming that the hole edge radius on the forward face 
of the rear spar complies with the specifications in Table 4 of the 
Accomplishment Instructions of BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.57-033, Revision 9, dated October 10, 
2006.
    Corrective actions include either replacing the bolt, or repairing 
the defect in accordance with approved repair data from BAE Systems.
    You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    BAE Systems (Operations) Limited has issued Inspection Service 
Bulletin ISB.57-033, Revision 9, dated October 10, 2006. The actions 
described in this service information are intended to correct the 
unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in

[[Page 38060]]

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 proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 1 product of U.S. registry. We also estimate that it 
would take about 3 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $85 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on U.S. operators to be $255.

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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 proposed 
regulation:
    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 proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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.

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

BAE Systems (Operations) Limited: Docket No. FAA-2010-0642; 
Directorate Identifier 2007-NM-332-AD.

Comments Due Date

    (a) We must receive comments by August 16, 2010.

Affected ADs

    (b) None.

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.

Subject

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

Reason

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

    * * * [F]uel leaks and failed fasteners [have been reported] in 
the region of the rear spar root joint attachment fitting at wing 
rib 2. * * *
* * * * *
The unsafe condition is stress corrosion failures in the region of 
the rear spar root joint attachment fitting at wing rib 2, which 
could lead to reduced structural integrity of the wing, and 
consequent reduced controllability of the airplane.

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) At the applicable time in paragraph (g)(1) or (g)(2) of this 
AD, do a general visual inspection to identify the type of bolt and 
nut at each location, in accordance with the Accomplishment 
Instructions of BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.57-033, Revision 9, dated October 10, 2006.
    (1) For airplanes on which neither Modification HCM01447A nor 
repair information leaflet (RIL) HC536H9156 (at any location) has 
been done as of the effective date of this AD, the compliance time 
for the inspection is at the later of the times specified in 
paragraphs (g)(1)(i) and (g)(1)(ii) of this AD.
    (i) Within 12 months after the effective date of this AD, or 
within 2 years after the last inspection done in accordance with BAE 
Systems (Operations) Limited Inspection Service Bulletin ISB.57-033, 
whichever occurs later, without exceeding 4,000 flight cycles after 
the last inspection.
    (ii) Within 250 flight cycles or 3 months after the effective 
date of this AD, whichever occurs first.
    (2) For airplanes on which either Modification HCM01447A or RIL 
HC536H9156 (at any location) has been done as of the effective date 
of this AD, the compliance time for the inspection is at the latest 
of the times specified in paragraphs (g)(2)(i), (g)(2)(ii), and 
(g)(2)(iii) of this AD.
    (i) Before the accumulation of 4,000 total flight cycles.
    (ii) Within 4,000 flight cycles after all bolts are inspected 
and replaced in accordance with BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.57-033.
    (iii) Within 12 months after the effective date of this AD.
    (h) At the applicable time in paragraph (g)(1) or (g)(2) of this 
AD, do detailed inspections of the bolt installation for proper nut 
installation, nut seating, and fuel seepage; a detailed inspection 
for gaps between the fitting and wing structure; if Hi-Loks are 
installed, measure the torque of the nuts to determine the 
specifications in the torque figures shown in Table 2. of the 
Accomplishment Instructions of BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.57-033, Revision 9, dated October 
10, 2006; and either an ultrasonic inspection for damaged bolts or a 
torque measurement of the tension bolts to determine the 
specifications in the torque figures shown in Table 3. of the 
Accomplishment Instructions of BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.57-033, Revision 9, dated October 
10, 2006. Do all actions in accordance with the Accomplishment 
Instructions of BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.57-033, Revision 9, dated October 10, 2006.
    (i) If, during any inspection required by paragraph (h) of this 
AD, any defect (e.g., evidence of fuel seepage, damaged bolts or

[[Page 38061]]

low bolt torque, loose or rotating nuts, suspect integrity of the 
bolt/nut assembly, or gaps between the fitting and wing structure) 
is found, before further flight, do the actions specified in 
paragraphs (i)(1), (i)(2), (i)(3), (i)(4), and (i)(5) of this AD, in 
accordance with the Accomplishment Instructions of BAE Systems 
(Operations) Limited Inspection Service Bulletin ISB.57-033, 
Revision 9, dated October 10, 2006.
    (1) Do a detailed inspection of the sealant for cracks at and 
around all rear spar root joint attachment bolts.
    (2) Do a detailed inspection of the bolt for damage or evidence 
of the nut being tightened to the end of the thread.
    (3) Do a detailed inspection of the wear pattern on the seating 
surfaces of the bolt and nut to determine if the bolt and nut have 
been evenly seated on the structure.
    (4) Do a detailed inspection of the bolt hole and surrounding 
area for damage.
    (5) Do a detailed inspection to determine that the hole edge 
radius on the forward face of the rear spar meets the dimensions 
specified in Table 4 of the Accomplishment Instructions of BAE 
Systems (Operations) Limited Inspection Service Bulletin ISB.57-033, 
Revision 9, dated October 10, 2006.
    (j) If during any inspection required by paragraph (h) or (i) of 
this AD, any defects (e.g., evidence of fuel seepage, damaged bolts 
or low bolt torque, loose or rotating nuts, suspect integrity of the 
bolt/nut assembly, gaps between the fitting and wing structure, 
cracked sealant, bolt damage or evidence of the nut being tightened 
to the end of the thread, uneven seating of the bolt and nut, bolt 
hole and surrounding area damage, or hole edge radius out of 
dimensions specified in Table 4 of the Accomplishment Instructions 
of BAE Systems (Operations) Limited Inspection Service Bulletin 
ISB.57-033, Revision 9, dated October 10, 2006), is found, before 
further flight, do all applicable correction actions, which include 
either replacing the bolt or repairing the defect, in accordance 
with the Accomplishment Instructions of BAE Systems (Operations) 
Limited Inspection Service Bulletin ISB.57-033, Revision 9, dated 
October 10, 2006.
    (k) Repeat the inspections in paragraph (h) of this AD 
thereafter, at the applicable time specified in Table 1 of this AD, 
for each individual location.

            Table 1--Compliance Times for Repeat Inspections
------------------------------------------------------------------------
         If the location has--             Then repeat the inspection--
------------------------------------------------------------------------
A Hi-Lok bolt..........................  Within 4,000 flight cycles or
                                          24 months, whichever occurs
                                          earlier, after doing the last
                                          inspection.
A tension bolt that was not replaced     Within 8,000 flight cycles or
 during the inspections in paragraphs     48 months, whichever occurs
 (h) and (i) of this AD and no defects    earlier, after doing the last
 were found.                              inspection.
A tension bolt that was replaced as      Within 4,000 flight cycles or
 required by paragraph (j) of this AD.    24 months, whichever occurs
                                          earlier after doing the
                                          replacement.
A tension bolt that was not replaced     Within 4,000 flight cycles or
 and any defects were repaired as         24 months, whichever occurs
 required by paragraph (j) of this AD.    earlier after doing the repair
                                          specified in paragraph (j) of
                                          this AD.
------------------------------------------------------------------------

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows: Although BAE Systems (Operations) Limited Inspection 
Service Bulletin ISB.57-033, Revision 9, dated October 10, 2006, 
allows additional time to rectify the defect for the corrective 
action depending on the condition, this AD requires rectifying the 
defect before further flight.

Other FAA AD Provisions

    (l) 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 (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

    (m) Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2007-0270 R1, dated November 7, 2007; and BAE Systems 
(Operations) Limited Inspection Service Bulletin ISB.57-033, 
Revision 9, dated October 10, 2006; for related information.

    Issued in Renton, Washington, on June 23, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-15981 Filed 6-30-10; 8:45 am]
BILLING CODE 4910-13-P
```