[Federal Register Volume 70, Number 207 (Thursday, October 27, 2005)]
[Proposed Rules]
[Pages 61918-61920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21436]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22792; Directorate Identifier 2005-NM-084-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all BAE Systems (Operations) Limited Model Avro 146-RJ airplanes. 
This proposed AD would require reviewing the airplane's maintenance 
records to determine if certain tasks of the Bae146/Avro RJ Maintenance 
Planning Document have been accomplished. This proposed AD would also 
require doing repetitive detailed inspections of the external fuselage 
skin adjacent to the longeron at rib 0 from frame 29 to frame 31 and 
repairing any damage if necessary. This proposed AD results from 
issuance of mandatory continuing airworthiness information by a foreign 
civil airworthiness authority. We are proposing this AD to detect and 
correct cracking of the fuselage skin, which could result in structural 
failure of the fuselage.

DATES: We must receive comments on this proposed AD by November 28, 
2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
    <bullet> DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
    <bullet> Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
    <bullet> Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, room PL-401, 
Washington, DC 20590.
    <bullet> Fax: (202) 493-2251.
    <bullet> Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Contact British Aerospace Regional Aircraft American Support, 13850 
Mclearen Road, Herndon, Virginia 20171, for service information 
identified in this proposed 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.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Include the docket number ``FAA-
2005-22792; Directorate Identifier 2005-NM-084-AD'' at the beginning of 
your comments. We specifically invite comments on the overall 
regulatory, economic, environmental, and energy aspects of the proposed 
AD. We will consider all comments received by the closing date and may 
amend the proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of 
that Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You may review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
may visit http://dms.dot.gov.

Examining the Docket

    You may 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. Comments will be 
available in the AD docket shortly after the Docket Management System 
receives them.

Discussion

    The Civil Aviation Authority (CAA), which is the airworthiness 
authority for the United Kingdom, notified us that an unsafe condition 
may exist on all BAE Systems (Operations) Limited Model Avro 146-RJ 
airplanes. The CAA advises that, to ensure continued structural 
integrity of the fuselage skin, it has reduced the initial threshold 
for inspecting the fuselage skin adjacent to the longeron at rib 0 
between frames 29 and 31 for cracking. Cracking of the fuselage skin, 
if not detected and corrected, could result in structural failure of 
the fuselage.

Relevant Service Information

    BAE Systems (Operations) Limited has issued Inspection Service 
Bulletin ISB.53-177, dated June 29, 2004. The ISB describes procedures 
for doing repetitive detailed inspections of the external fuselage skin 
adjacent to the longeron at rib 0 from frame 29 to frame

[[Page 61919]]

31; repairing any damage if found; and contacting the manufacturer if 
damage is beyond the repair limits. Accomplishing the actions specified 
in the service information is intended to adequately address the unsafe 
condition. The CAA mandated the service information and issued British 
airworthiness directive G-2005-0009, dated March 9, 2005, to ensure the 
continued airworthiness of these airplanes in the United Kingdom.
    The ISB refers to the following service information as additional 
sources of service information:
    <bullet> Supplemental Structural Inspection 53-20-138 of the 
Maintenance Review Board Report, Revision 10, dated May 2004, for 
inspecting the external fuselage skin.
    <bullet> BAE Systems (Operations) Limited Structural Repair Manual 
(SRM) for repairing certain damage.

FAA's Determination and Requirements of the Proposed AD

    This airplane model is manufactured in the United Kingdom and is 
type certificated for operation in the United States under the 
provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 
21.29) and the applicable bilateral airworthiness agreement. Pursuant 
to this bilateral airworthiness agreement, the CAA has kept the FAA 
informed of the situation described above. We have examined the CAA's 
findings, evaluated all pertinent information, and determined that we 
need to issue an AD for airplanes of this type design that are 
certificated for operation in the United States.
    Therefore, we are proposing this AD, which would require 
accomplishing the actions specified in the service information 
described previously, except as discussed under ``Difference Between 
the Proposed AD and Service Bulletin.''

Difference Between the Proposed AD and Service Bulletin

    The service bulletin specifies to contact the manufacturer for 
instructions on how to repair certain conditions, but this proposed AD 
would require repairing 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 proposed AD, a repair we or the CAA approve would be 
acceptable for compliance with this proposed AD.

Clarification of Inspection Terminology

    The ``detailed visual inspection'' specified in British 
airworthiness directive G-2005-0009, dated March 9, 2005, and BAE 
Systems (Operations) Limited Inspection Service Bulletin ISB.53-177, 
dated June 29, 2004, is referred to as a ``detailed inspection'' in 
this proposed AD. We have included the definition for a detailed 
inspection in a note in the proposed AD.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this proposed AD.

                                                 Estimated Costs
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                                                                                     Number of
                                             Average                     Cost per      U.S.-
           Action              Work hours   labor rate      Parts        airplane    registered     Fleet cost
                                             per hour                                airplanes
----------------------------------------------------------------------------------------------------------------
Records examination.........            1          $65  None.........          $65           36  $2,340.
Repetitive detailed                     4           65  None.........          260           36  $9,360, per
 inspection.                                                                                      inspection
                                                                                                  cycle.
----------------------------------------------------------------------------------------------------------------

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 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 that the 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. 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, 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

BAE Systems (Operations) Limited (Formerly British Aerospace 
Regional Aircraft): Docket No. FAA-2005-22792; Directorate 
Identifier 2005-NM-084-AD.

[[Page 61920]]

Comments Due Date

    (a) The FAA must receive comments on this AD action by November 
28, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all BAE Systems (Operations) Limited 
Model Avro 146-RJ70A, 146-RJ85A, and 146-RJ100A airplanes, 
certificated in any category.

Unsafe Condition

    (d) This AD results from issuance of mandatory continuing 
airworthiness information by a foreign civil airworthiness 
authority. We are issuing this AD to detect and correct cracking of 
the fuselage skin, which could result in structural failure of the 
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.

Maintenance Records Check

    (f) Within 30 days after the effective date of this AD, review 
the airplane's maintenance records to determine if Tasks 532038-DVI-
10000-1 and -2 of the Bae146/Avro RJ Maintenance Planning Document 
have been accomplished before the effective date of this AD. If 
review of the airplane's maintenance records cannot conclusively 
determine that Tasks 532038-DVI-10000-1 and -2 have been 
accomplished, do the detailed inspection specified in paragraph (g) 
of this AD at the applicable compliance time specified in paragraph 
(g)(1) or (g)(2) of this AD. If review of the airplane's maintenance 
records can conclusively determine that Tasks 532038-DVI-10000-1 and 
-2 have been accomplished, do the detailed inspection specified in 
paragraph (g) of this AD at the compliance time specified in 
paragraph (g)(3) of this AD.

Detailed Inspection and Corrective Action

    (g) At the applicable compliance time specified in paragraph 
(g)(1), (g)(2), or (g)(3) of this AD, do a detailed inspection of 
the external fuselage skin adjacent to the longeron at rib 0 from 
frame 29 to frame 31, in accordance with the Accomplishment 
Instructions of BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.53-177, dated June 29, 2004. If any damage is found 
during any inspection required by this AD, before further flight, 
repair in accordance with the service bulletin; except where the 
service bulletin specifies to repair with an approved BAE Systems 
repair scheme, before further flight, repair the damage according to 
a method approved by either the Manager, International Branch, ANM-
116, FAA, Transport Airplane Directorate; or the Civil Aviation 
Authority (or its delegated agent).

    Note 1: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''


    Note 2: BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.53-177, dated June 29, 2004, refers to Supplemental 
Structural Inspection 53-20-138 of the Maintenance Review Board 
Report, Revision 10, dated May 2004, as an additional source of 
service information for inspecting the external fuselage skin. The 
service bulletin also refers to BAE Systems (Operations) Limited 
Structural Repair Manual (SRM) as an additional source of service 
information for repairing certain damage.

    (1) For airplanes on which Tasks 532038-DVI-10000-1 and -2 of 
the Bae146/Avro RJ Maintenance Planning Document have not been 
accomplished but that have accumulated 22,000 total flight cycles or 
less as of the effective date of this AD: Inspect before 
accumulating 22,000 total flight cycles or within 6 months after the 
effective date of this AD, whichever is later. Thereafter repeat the 
detailed inspection at intervals not to exceed 12,000 flight cycles.
    (2) For airplanes on which Tasks 532038-DVI-10000-1 and -2 of 
the Bae146/Avro RJ Maintenance Planning Document have not been 
accomplished but that have accumulated more than 22,000 total flight 
cycles as of the effective date of this AD: Inspect before 
accumulating 24,000 total flight cycles or within 6 months after the 
effective date of this AD, whichever is first. Thereafter repeat the 
detailed inspection at intervals not to exceed 12,000 flight cycles.
    (3) For airplanes on which Tasks 532038-DVI-10000-1 and -2 of 
the Bae146/Avro RJ Maintenance Planning Document have been 
accomplished before the effective date of this AD: Inspect within 
12,000 flight cycles after the most recent inspection. Thereafter 
repeat the detailed inspection at intervals not to exceed 12,000 
flight cycles.

No Reporting Requirement

    (h) Although the service bulletin referenced in this AD 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.
    (2) Before using any AMOC approved in accordance with 14 CFR 
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Related Information

    (j) British airworthiness directive G-2005-0009, dated March 9, 
2005, also addresses the subject of this AD.

    Issued in Renton, Washington, on October 18, 2005.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-21436 Filed 10-26-05; 8:45 am]
BILLING CODE 4910-13-P