[Federal Register Volume 87, Number 88 (Friday, May 6, 2022)]
[Proposed Rules]
[Pages 27037-27041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09418]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0508; Project Identifier MCAI-2021-01120-T]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2015-07-05, which applies to all BAE Systems (Operations) Limited Model 
BAe 146 series airplanes and Model Avro 146-RJ series airplanes. AD 
2015-07-05 requires repetitive external eddy current inspections on the 
aft skin lap joints of the rear fuselage for cracking, corrosion, and 
other defects, and repair if necessary. Since the FAA issued AD 2015-
07-05, an inspection has been added and certain compliance times must 
be revised to address the unsafe condition. This proposed AD would 
continue to require the actions in AD

[[Page 27038]]

2015-07-05, at certain revised compliance times, and also require 
repetitive low frequency eddy current (LFEC) inspections for any 
cracking, corrosion, and other defects in the aft skin lap joints of 
the rear fuselage and in the fuselage skin panels, and repair if 
necessary. The FAA is proposing this AD to address the unsafe condition 
on these products.

DATES: The FAA must receive comments on this proposed AD by June 21, 
2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, 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; email 
<a href="/cdn-cgi/l/email-protection#0d5f4c7d786f61646e6c796462637e4d6f6c687e747e7968607e236e6260"><span class="__cf_email__" data-cfemail="e2b0a39297808e8b8183968b8d8c91a2808387919b9196878f91cc818d8f">[email protected]</span></a>; internet https://www.baesystems.com/Businesses/RegionalAircraft/index.htm. You may view this service 
information at the FAA, Airworthiness Products Section, Operational 
Safety Branch, 2200 South 216th St., Des Moines, WA. For information on 
the availability of this material at the FAA, call 206-231-3195.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2022-
0508; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this NPRM, any comments received, and other information. The street 
address for Docket Operations is listed above. Comments will be 
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
Large Aircraft Section, International Validation Branch, FAA, 2200 
South 216th St., Des Moines, WA 98198; telephone 206-231-3228; email 
<a href="/cdn-cgi/l/email-protection#aafec5cece84fec2c5c7dad9c5c4eacccbcb84cdc5dc"><span class="__cf_email__" data-cfemail="42162d26266c162a2d2f32312d2c022423236c252d34">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2022-0508; Project Identifier 
MCAI-2021-01120-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this proposed AD.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to Todd 
Thompson, Aerospace Engineer, Large Aircraft Section, International 
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; 
telephone 206-231-3228; email <a href="/cdn-cgi/l/email-protection#edb9828989c3b98582809d9e8283ad8b8c8cc38a829b"><span class="__cf_email__" data-cfemail="9fcbf0fbfbb1cbf7f0f2efecf0f1dff9fefeb1f8f0e9">[email protected]</span></a>. Any commentary 
that the FAA receives which is not specifically designated as CBI will 
be placed in the public docket for this rulemaking.

Discussion

    The FAA issued AD 2015-07-05, Amendment 39-18133 (80 FR 19871, 
April 14, 2015) (AD 2015-07-05), for all BAE Systems (Operations) 
Limited Model BAe 146 series airplanes and Model Avro 146-RJ series 
airplanes. AD 2015-07-05 requires repetitive external eddy current 
inspections on the aft skin lap joints of the rear fuselage for 
cracking, corrosion, and other defects, and repair if necessary. AD 
2015-07-05 resulted from a report of a pressurization problem on an 
airplane during climb-out; a subsequent investigation showed a crack in 
the fuselage skin. The FAA issued AD 2015-07-05 to address cracking, 
corrosion, and other defects, which could affect the structural 
integrity of the airplane.

Actions Since AD 2015-07-05 Was Issued

    Since the FAA issued AD 2015-07-05, it has been determined that 
adding repetitive LFEC inspections for any cracking, corrosion, and 
other defects in the aft skin lap joints of the rear fuselage and in 
the fuselage skin panels are necessary. The compliance times for 
inspection of certain stringers must also be revised.
    The Civil Aviation Authority (CAA), which is the aviation authority 
for the United Kingdom, has issued CAA AD G-2021-0008, dated September 
8, 2021 (also referred to after this as the Mandatory Continuing 
Airworthiness Information, or the MCAI), to correct an unsafe condition 
for all BAE Systems (Operations) Limited Model BAe 146 series airplanes 
and Model Avro 146-RJ series airplanes. You may examine the MCAI in the 
AD docket on the internet at https://www.regulations.gov by searching 
for and locating Docket No. FAA-2022-0508.
    This proposed AD was prompted by a report of a pressurization 
problem on an airplane during climb-out; a subsequent investigation 
showed a crack in the fuselage skin; and that repetitive LFEC 
inspections in the rear fuselage aft skin lap joints and in the 
fuselage skin panels are necessary. Certain compliance times also must 
be revised. The FAA is proposing this AD to address cracking, 
corrosion, and other defects on the rear fuselage aft skin joints and 
frames and in the fuselage panels, which could affect the structural 
integrity of the airplane. See the MCAI for additional background 
information.

Related Service Information Under 1 CFR Part 51

    BAE Systems (Operations) Limited has issued Inspection Service 
Bulletin 53-239, including Appendix 2, Revision 5, and including 
Appendix 3, Revision 1, dated March 2, 2017. This service information 
describes procedures for repetitive external eddy current and LFEC 
inspections on the aft skin lap

[[Page 27039]]

joints of the rear fuselage and in the fuselage skin panels, for any 
cracking, corrosion, and other defects (e.g., surface damage and spot 
displacement); and repair if necessary.
    This proposed AD would also require BAE Systems (Operations) 
Limited Inspection Service Bulletin 53-239, including Appendix 2, 
Revision 3, dated May 7, 2014, which the Director of the Federal 
Register approved for incorporation by reference as of May 19, 2015 (80 
FR 19871, April 14, 2015).
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to the FAA's bilateral agreement with the State of Design Authority, 
the FAA has been notified of the unsafe condition described in the MCAI 
and service information referenced above. The FAA is proposing this AD 
because the FAA evaluated all the relevant information and determined 
the unsafe condition described previously is likely to exist or develop 
on other products of the same type design.

Proposed Requirements of This NPRM

    This proposed AD would retain all of the requirements of AD 2015-
07-05, with certain revised compliance times. This proposed AD would 
also require accomplishing the actions specified in the service 
information described previously.

Costs of Compliance

    The FAA estimates that this proposed AD affects 20 airplanes of 
U.S. registry.
    The FAA estimates the following costs to comply with this proposed 
AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD           8 work-hours x $85               $0  $680 per inspection  $13,600 per
 2015[dash]07[dash]05.              per hour = $680                      cycle.               inspection cycle.
                                    per inspection
                                    cycle.
New proposed actions.............  5 work-hours x $85                0  $425...............  $8,500 per
                                    per hour = $425.                                          inspection cycle.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the repairs specified in this proposed AD.

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.
    The FAA is 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

    The FAA has 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) Will not affect intrastate aviation in Alaska, 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.

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

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:
0
a. Removing Airworthiness Directive (AD) 2015-07-05, Amendment 39-18133 
(80 FR 19871, April 14, 2015); and
0
b. Adding the following new AD:

BAE Systems (Operations) Limited: Docket No. FAA-2022-0508; Project 
Identifier MCAI-2021-01120-T.

(a) Comments Due Date

    The FAA must receive comments by June 21, 2022.

(b) Affected Airworthiness Directives (ADs)

    This AD replaces AD 2015-07-05, Amendment 39-18133 (80 FR 19871, 
April 14, 2015) (AD 2015-07-05).

(c) Applicability

    This AD applies to all BAE Systems (Operations) Limited Model 
BAe 146-100A, -200A, and -300A airplanes; and Model Avro 146-RJ70A, 
146-RJ85A, and 146-RJ100A airplanes; certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by a report of a pressurization problem on 
an airplane during climb-out; a subsequent investigation showed a 
crack in the fuselage skin; and that repetitive low frequency eddy 
current (LFEC) inspections in the rear fuselage aft skin lap joints 
and in the fuselage skin panels are necessary. Certain compliance 
times must also be revised. The FAA is issuing this AD to address 
cracking, corrosion, and other defects on the rear fuselage aft skin 
joints and frames and in the fuselage panels, which could affect the 
structural integrity of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

[[Page 27040]]

(g) Retained Repetitive Inspections, With New Service Information

    This paragraph restates the requirements of paragraph (g) of AD 
2015-07-05, with new service information.
    (1) Within the compliance times specified in paragraphs 
(g)(1)(i) and (ii) of this AD, as applicable: Do an external eddy 
current inspection on the aft skin lap joints of the rear fuselage 
for cracking, corrosion, and other defects (i.e., surface damage and 
spot displacement); in accordance with paragraph 2.C. of the 
Accomplishment Instructions of BAE Systems (Operations) Limited 
Inspection Service Bulletin 53-239, including Appendix 2, Revision 
3, dated May 7, 2014; or paragraph 2. of the Accomplishment 
Instructions of BAE Systems (Operations) Limited Inspection Service 
Bulletin 53-239, including Appendix 2, Revision 5, and including 
Appendix 3, Revision 1, dated March 2, 2017. As of the effective 
date of this AD, use BAE Systems (Operations) Limited Inspection 
Service Bulletin 53-239, including Appendix 2, Revision 5, and 
including Appendix 3, Revision 1, dated March 2, 2017, only.
    (i) For any airplane which has accumulated 9,000 flight cycles 
or more since the airplane's first flight as of May 19, 2015 (the 
effective date of AD 2015-07-05): Do the inspection within 1,000 
flight cycles or 6 months after May 19, 2015, whichever occurs 
first.
    (ii) For any airplane which has accumulated less than 9,000 
flight cycles since the airplane's first flight as of May 19, 2015 
(the effective date of AD 2015-07-05): Do the inspection before 
accumulating 10,000 flight cycles since the airplane's first flight.
    (2) Repeat the inspection required by paragraph (g)(1) of this 
AD thereafter at intervals not to exceed the times specified in 
paragraphs (g)(2)(i) and (ii) of this AD, as applicable to the 
airplane's modification status.
    (i) For Model BAe 146 series airplanes and Model Avro 146-RJ 
series airplanes post modification HCM50070E, or post modification 
HCM50070F, or post modification HCM50259A, repeat the inspection at 
intervals not to exceed 4,000 flight cycles.
    (ii) For Model BAe 146 series airplanes and Model Avro 146-RJ 
series airplanes premodification HCM50070E, and premodification 
HCM50070F, and premodification HCM50259A, repeat the inspection at 
intervals not to exceed 7,500 flight cycles.

(h) Retained Corrective Action With Revised Repair Approval

    This paragraph restates the requirements of paragraph (h) of AD 
2015-07-05, with revised repair approval. If any cracking, 
corrosion, or other defect is found during any inspection required 
by AD 2015-07-05: Before further flight as of May 19, 2015 (the 
effective date of AD 2015-07-05), repair using a method approved by 
the Manager, Large Aircraft Section, International Validation 
Branch, FAA; or the European Aviation Safety Agency (EASA); or BAE 
Systems (Operations) Limited's EASA Design Organization Approval 
(DOA). If approved by the DOA, the approval must include the DOA-
authorized signature. Accomplishment of the repair does not 
constitute a terminating action for the inspections required by 
paragraph (g) of this AD. As of the effective date of this AD, 
repair approvals must be obtained through the Manager, Large 
Aircraft Section, International Validation Branch, FAA; or the Civil 
Aviation Authority of the United Kingdom (UK CAA); or BAE Systems 
(Operations) Limited's UK CAA Design Organization Approval (DOA).

(i) New Requirement of This AD: Repetitive LFEC Inspections

    After the effective date of this AD, at the applicable times 
specified in paragraph 1.D. ``Compliance'' of BAE Systems 
(Operations) Limited Inspection Service Bulletin 53-239, including 
Appendix 2, Revision 5, and including Appendix 3, Revision 1, dated 
March 2, 2017: Do a LFEC inspection for any cracking, corrosion, and 
other defects in the aft skin lap joints of the rear fuselage and in 
the fuselage skin panels, in accordance with paragraph ``1. 
Procedure'' of Appendix 2 and Appendix 3 of BAE Systems (Operations) 
Limited Inspection Service Bulletin 53-239, including Appendix 2, 
Revision 5, and including Appendix 3, Revision 1, dated March 2, 
2017. Repeat the LFEC inspection thereafter at intervals not to 
exceed the times specified in paragraph 1.D. ``Compliance'' of BAE 
Systems (Operations) Limited Inspection Service Bulletin 53-239, 
including Appendix 2, Revision 5, and including Appendix 3, Revision 
1, dated March 2, 2017.

(j) New Requirement of This AD: Corrective Action

    If any cracking, corrosion, or other defect is found during any 
inspection required by this AD: Before further flight, repair using 
a method approved by the Manager, Large Aircraft Section, 
International Validation Branch, FAA; or the UK CAA; or BAE Systems 
(Operations) Limited's UK CAA DOA. If approved by the DOA, the 
approval must include the DOA-authorized signature. Accomplishment 
of the repair does not constitute a terminating action for the 
inspections required by paragraphs (i) of this AD.

(k) Credit for Previous Actions

    This paragraph provides credit for the following actions 
required by this AD.
    (1) This paragraph provides credit for the initial inspection 
and corrective action on stringer 30, left hand (LH) and right hand 
(RH), as required by paragraph (g) of this AD, if those actions were 
performed before May 19, 2015 (the effective date of AD 2015-07-05), 
using BAE Systems (Operations) Limited Inspection Service Bulletin 
53-239, dated June 13, 2012, which is not incorporated by reference 
in this AD.
    (2) This paragraph provides credit for the initial inspection 
and corrective action, as required by paragraph (g) of this AD, if 
those actions were performed before May 19, 2015 (the effective date 
of AD 2015-07-05), using BAE Systems (Operations) Limited Inspection 
Service Bulletin 53-239, Revision 1, dated June 18, 2013, which is 
not incorporated by reference in this AD.
    (3) This paragraph provides credit for the initial inspection 
and corrective action, as required by paragraph (g) of this AD, if 
those actions were performed before May 19, 2015 (the effective date 
of AD 2015-07-05), using BAE Systems (Operations) Limited Inspection 
Service Bulletin 53-239, Revision 2, dated July 15, 2013, which is 
not incorporated by reference in this AD.
    (4) This paragraph provides credit for the initial inspection 
and corrective action, as required by paragraph (g) of this AD, if 
those actions were performed before May 19, 2015 (the effective date 
of AD 2015-07-05), using BAE Systems (Operations) Limited Inspection 
Service Bulletin 53-239, including Appendix 2, Revision 3, dated May 
7, 2014, which was incorporated by reference in AD 2015-07-05, 
Amendment 39-18133 (80 FR 19871, April 14, 2015).
    (5) This paragraph provides credit for the actions required by 
paragraph (i) of this AD, if those actions were performed before the 
effective date of this AD using BAE Systems (Operations) Limited 
Inspection Service Bulletin 53-239, Revision 4, including Appendix 
2, Revision 4, and Appendix 3, Initial issue, dated March 31, 2016.

(l) No Reporting Requirement

    Although BAE Systems (Operations) Limited Inspection Service 
Bulletin 53-239, including Appendix 2, Revision 5, and including 
Appendix 3, Revision 1, dated March 2, 2017, specifies to report 
inspection findings, this AD does not require any report.

(m) Other FAA AD Provisions

    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Large Aircraft Section, International Validation Branch, FAA, has 
the authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or responsible Flight 
Standards Office, as appropriate. If sending information directly to 
the Large Aircraft Section, International Validation Branch, send it 
to the attention of the person identified in paragraph (n)(2) of 
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#f8c1d5b9aeabd5b9b1aad5cfcbc8d5b9b5b7bbb89e9999d69f978e"><span class="__cf_email__" data-cfemail="784155392e2b5539312a554f4b48553935373b381e1919561f170e">[email protected]</span></a>.
    (i) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the responsible Flight Standards Office.
    (ii) AMOCs for the repetitive external eddy current inspections 
approved previously for AD 2015-07-05 are approved as AMOCs for the 
corresponding actions in paragraph (g) of this AD.
    (2) Contacting the Manufacturer: As of the effective date of 
this AD, for any requirement in this AD to obtain instructions from 
a manufacturer, the instructions must be accomplished using a method 
approved by the Manager, Large Aircraft Section, International 
Validation Branch, FAA; or the UK CAA; or BAE Systems (Operations) 
Limited's UK CAA DOA. If approved by the DOA, the approval must 
include the DOA-authorized signature.

[[Page 27041]]

(n) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) CAA AD G-2021-0008, dated September 8, 2021, for related 
information. This MCAI may be found in the AD docket on the internet 
at https://www.regulations.gov by searching for and locating Docket 
No. FAA-2022-0508.
    (2) For more information about this AD, contact Todd Thompson, 
Aerospace Engineer, Large Aircraft Section, International Validation 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
206-231-3228; email <a href="/cdn-cgi/l/email-protection#31655e55551f65595e5c41425e5f715750501f565e47"><span class="__cf_email__" data-cfemail="d286bdb6b6fc86babdbfa2a1bdbc92b4b3b3fcb5bda4">[email protected]</span></a>.
    (3) 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; email 
<a href="/cdn-cgi/l/email-protection#3062714045525c59535144595f5e437052515543494344555d431e535f5d"><span class="__cf_email__" data-cfemail="0f5d4e7f7a6d63666c6e7b6660617c4f6d6e6a7c767c7b6a627c216c6062">[email protected]</span></a>; internet https://www.baesystems.com/Businesses/RegionalAircraft/index.htm. You may view this service 
information at the FAA, Airworthiness Products Section, Operational 
Safety Branch, 2200 South 216th St., Des Moines, WA. For information 
on the availability of this material at the FAA, call 206-231-3195.

    Issued on April 22, 2022.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2022-09418 Filed 5-5-22; 8:45 am]
BILLING CODE 4910-13-P


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