[Federal Register Volume 70, Number 219 (Tuesday, November 15, 2005)]
[Proposed Rules]
[Pages 69286-69288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22587]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 70, No. 219 / Tuesday, November 15, 2005 / 
Proposed Rules

[[Page 69286]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22974; Directorate Identifier 2005-NM-180-AD]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited Model 
BAe 146 Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain BAE Systems (Operations) Limited Model BAe 146 airplanes. 
This proposed AD would require repetitive inspections to measure the 
depth of chafing or scoring in the skin along the full length of the 
fairing from forward to aft ends at the contact between the seal and 
fuselage, and related investigative/corrective actions if necessary. 
This proposed AD results from a report of chafing in this area. We are 
proposing this AD to ensure the structural integrity of the fuselage.

DATES: We must receive comments on this proposed AD by December 15, 
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: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2125; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed in the ADDRESSES section. Include the docket number ``FAA-2005-
22974; Directorate Identifier 2005-NM-180-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 certain BAE Systems (Operations) Limited Model BAe 146 
airplanes. The CAA advises that chafing has been reported along the 
skin along the full length of the fairing from forward to aft ends at 
the point of contact between the seal and fuselage. Subsequent review 
of the existing inspection program for this type of damage resulted in 
changes to the program. Such damage, if not corrected, could result in 
reduced structural integrity of the fuselage.

Relevant Service Information

    The manufacturer issued BAE Systems (Operations) Limited Service 
Bulletins ISB.53-005, Revision 2, dated February 16, 2004, and ISB.53-
067, Revision 3, dated June 27, 2005. They describe procedures for 
repetitive inspections, using a dial test indicator, to measure the 
depth of chafing or scoring in the skin along the full length of the 
fairing from forward to aft ends at the points of contact between the 
seal and fuselage. The following table identifies the inspection areas 
described in the service bulletins.

                                                Inspection Areas
----------------------------------------------------------------------------------------------------------------
         Use Service Bulletin--                     For--                        To inspect between--
----------------------------------------------------------------------------------------------------------------
ISB.53-067.............................  Model BAe 146-100A series   Frames 25 and 36.
                                          airplanes.
                                         Model BAe 146-200A series   Frames 25 and 34.
                                          airplanes.

[[Page 69287]]

 
                                         Model BAe 146-300A series   Frames 25 and 33C.
                                          airplanes.
ISB.53-005.............................  All affected airplanes....  Frames 23 and 25.
----------------------------------------------------------------------------------------------------------------

    The related investigative/corrective actions described in the 
service bulletins depend on the amount of chafing damage found:
    <bullet> For chafing damage within certain limits, the service 
bulletins describe procedures for blending the damage, and measuring 
the skin thickness and depth of the blended area and the thickness of 
the adjacent skin above the blended area.
    <bullet> For deeper chafing damage (including damage remaining 
after blending), the service bulletins specify reinspecting affected 
areas within 2,000 or 4,000 flight cycles, depending on the amount of 
chafing found. The service bulletin allows operators to defer repair of 
this amount of chafing for up to 1,000 flight cycles, if operators 
reinspect affected areas within 250 flight cycles and contact the 
manufacturer for a repair plan.
    <bullet> For the deepest chafing damage, the service bulletins 
recommend contacting the manufacturer for an immediate repair plan.
    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-
2005-0020, dated July 6, 2005, to ensure the continued airworthiness of 
these airplanes in the United Kingdom.

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 the 
actions specified in the service information described previously, 
except as discussed below.

Difference Between the Proposed AD and the Service Information

    The service bulletins specify to contact the manufacturer for 
instructions on repairing 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, for this proposed AD, 
a repair we or the CAA approve would be acceptable for compliance with 
this proposed AD.

Clarification of Repetitive Inspection Interval

    The British airworthiness directive, at paragraph C), specifies to 
repeat the inspections within 4,000-flight-cycle intervals. Under 
certain conditions, the corresponding interval in Inspection Service 
Bulletin ISB.53-005 is 2,000 flight cycles. We have determined that a 
2,000-flight-cycle interval, under those conditions, is necessary to 
ensure an acceptable level of safety. The British airworthiness 
directive does not specify the conditions warranting the reduced 
repetitive interval, but it does refer to the service bulletin for 
instructions for corrective action. Our requirements correspond to the 
service bulletin specifications.

Costs of Compliance

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

 
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                          Number of U.S.-
                  Action                     Work hours     Average labor              Parts                 Cost per       registered      Fleet cost
                                                            rate per hour                                    airplane        airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection (ISB.53-005)..................               2             $65  None.........................            $130              35          $4,550
Inspection (ISB.53-067)..................               4              65  None.........................             260              35           9,100
--------------------------------------------------------------------------------------------------------------------------------------------------------

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.

[[Page 69288]]

    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-2005-22974; Directorate 
Identifier 2005-NM-180-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by December 
15, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to BAE Systems (Operations) Limited Model 
BAe 146-100A, -200A, and -300A series airplanes, certificated in any 
category, on which Modification HCM00301A or B has been done, and on 
which Modification HCM0169A has not been done.

Unsafe Condition

    (d) This AD results from a report of chafing along the seal/
fuselage contact area under the wing-to-fuselage fairing access 
panels on both sides of the fuselage. We are issuing this AD to 
ensure the structural integrity 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.

Inspection

    (f) Before the airplane accumulates 1,000 total flight cycles, 
or within 500 flight cycles after the effective date of this AD, 
whichever occurs later: Inspect, using a dial test indicator, to 
measure the depth of any chafing or scoring in the skin along the 
full length of the fairing from forward to aft ends at the point of 
contact between the seal and fuselage on both sides of the fuselage. 
Do applicable related investigative/corrective actions in accordance 
with the Accomplishment Instructions of BAE Systems (Operations) 
Limited Service Bulletins ISB.53-005, Revision 2, dated February 16, 
2004, and ISB.53-067, Revision 3, dated June 27, 2005, except as 
required by paragraph (g) of this AD. Do related investigative/
corrective actions and repeat the inspection to measure the chafing/
scoring at the times specified in the service bulletins, as 
applicable.

Exceptions to Service Bulletin Specifications

    (g) Where the service bulletins referenced in this AD specify to 
contact the manufacturer for repair instructions: Before further 
flight, repair using a method approved by either the Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA; 
or the Civil Aviation Authority (or its delegated agent).
    (h) Although the service bulletins referenced in this AD specify 
to submit certain information to the manufacturer, this AD does not 
include that requirement.

Credit for Earlier Accomplishment

    (i) Inspections and applicable investigative and corrective 
actions done before the effective date of this AD are acceptable for 
compliance with the requirements of paragraph (f) of this AD if done 
in accordance with one of the service bulletin versions identified 
in Table 1 of this AD, as applicable.

                                       Table 1.--Credit Service Bulletins
----------------------------------------------------------------------------------------------------------------
    BAE Systems (Operations) limited
            service bulletin                   Revision level                            Date
----------------------------------------------------------------------------------------------------------------
ISB.53-005.............................  Original..................  August 15, 1984.
                                         Revision 1................  April 19, 1984.
ISB.53-067.............................  Original..................  December 23, 1987.
                                         Revision 1................  February 16, 1990.
                                         Revision 2................  February 16, 2004.
----------------------------------------------------------------------------------------------------------------

Alternative Methods of Compliance (AMOCs)

    (j)(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 Sec.  
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

    (k) British airworthiness directive G-2005-0020, dated July 6, 
2005, also addresses the subject of this AD.

    Issued in Renton, Washington, on November 7, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-22587 Filed 11-14-05; 8:45 am]
BILLING CODE 4910-13-U