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[Federal Register: September 2, 2010 (Volume 75, Number 170)]
[Rules and Regulations]               
[Page 53855-53857]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02se10-7]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0477; Directorate Identifier 2009-NM-226-AD; 
Amendment 39-16423; AD 2010-18-10]
RIN 2120-AA64

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

    Three events have been reported where insulation material was 
found to be fouling pulleys in the aileron interconnect circuit in 
the cabin roof area. * * *
    Interference between the cable and the insulation bag causes the 
material to be drawn into the gap between the pulley and the pulley 
guard. This condition, if not detected and corrected, could lead to 
restricted aileron movement and consequently, reduced control of the 
aeroplane.

* * * * *
    We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective October 7, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 7, 
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 May 19, 2010 (75 FR 
27959). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    Three events have been reported where insulation material was 
found to be fouling pulleys in the aileron interconnect circuit in 
the cabin roof area. The insulation material is contained in a bag, 
the material of which tends to become brittle with age. During the 
production life of the aeroplane type, several methods of bag 
retention were applied, all of which involved puncturing the bag. 
This puncture tends to result in a tear, which, if detected in time, 
can be repaired with tape; however, the affected cabin roof area is 
not frequently accessed for inspection. Over time, the weight of the 
bag also tends to cause tears in the material, making the insulation 
material sag, thereby causing interference with the cable and 
pulley.
    Interference between the cable and the insulation bag causes the 
material to be drawn into the gap between the pulley and the pulley 
guard. This condition, if not detected and corrected, could lead to 
restricted aileron movement and consequently, reduced control of the 
aeroplane.
    For the reasons described above, this [EASA] AD requires the 
installation of additional guards, bolts and nuts on the aileron 
interconnect cable pulleys at frame 29 (left and right).
    This [EASA] AD has been revised to exclude aeroplanes from the 
Applicability that have been modified to freighter configuration in 
accordance with BAE Systems modification No. HCM50200B. As this 
modification includes the removal of the insulation bags, the unsafe 
condition that is addressed by this [EASA] AD cannot exist or 
develop on those aeroplanes.

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.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed.

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

[[Page 53856]]

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 5 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 $340 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. operator 
to be $765.

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:

2010-18-10 BAE Systems (Operations) Limited: Amendment 39-16423. 
Docket No. FAA-2010-0477; Directorate Identifier 2009-NM-226-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective October 
7, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to 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; all serial numbers, except those airplanes modified to 
freighter configuration in accordance with BAE SYSTEMS Modification 
HCM50200B.

Subject

    (d) Air Transport Association (ATA) of America Code 27: Flight 
Controls.

Reason

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

    Three events have been reported where insulation material was 
found to be fouling pulleys in the aileron interconnect circuit in 
the cabin roof area. * * *
    Interference between the cable and the insulation bag causes the 
material to be drawn into the gap between the pulley and the pulley 
guard. This condition, if not detected and corrected, could lead to 
restricted aileron movement and consequently, reduced control of the 
aeroplane.

* * * * *

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) Within 6 months after the effective date of this AD, install 
new aileron interconnect cable pulley guards, in accordance with 
paragraph 2.C. ``Modification'' of the Accomplishment Instructions 
of BAE Systems (OPERATIONS) LIMITED Modification Service Bulletin 
SB.27-183-36246A, dated December 9, 2008.

FAA AD Differences

    Note 1:  This AD differs from the MCAI and/or service 
information as follows: No differences.

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, 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.

[[Page 53857]]

Related Information

    (i) Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2009-0205, Revision 1, dated January 12, 2010; and BAE 
Systems (OPERATIONS) LIMITED Modification Service Bulletin SB.27-
183-36246A, dated December 9, 2008; for related information.

Material Incorporated by Reference

    (j) You must use BAE Systems (OPERATIONS) LIMITED Modification 
Service Bulletin SB.27-183-36246A, dated December 9, 2008, 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 August 20, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-21411 Filed 9-1-10; 8:45 am]
BILLING CODE 4910-13-P
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