[Federal Register Volume 70, Number 223 (Monday, November 21, 2005)]
[Rules and Regulations]
[Pages 70038-70041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22790]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-23006; Directorate Identifier 2002-NM-51-AD; 
Amendment 39-14380; AD 2005-23-22]
RIN 2120-AA64


Airworthiness Directives; British Aerospace Model HS 748 
Airplanes

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

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
British Aerospace Model HS 748 airplanes. This AD requires repetitive 
inspections for fatigue cracking, corrosion, and other related 
discrepancies of the rear pressure bulkhead and associated areas, and 
the fin attachment fittings, particularly the fin link beam; and 
related investigative and corrective actions. This AD results from a 
structural integrity audit of the airplane that showed the importance 
of inspecting for fatigue cracking and corrosion of these areas. We are 
issuing this AD to detect and correct cracking, corrosion, and other 
related discrepancies of the rear pressure bulkhead and associated 
areas, and the fin attachment fittings, particularly the fin link beam, 
which could result in damage to the airplane structure or injury to 
airplane occupants.

DATES: This AD becomes effective December 6, 2005.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of December 6, 
2005.
    We must receive comments on this AD by January 20, 2006.

ADDRESSES: Use one of the following addresses to submit comments on 
this 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,

[[Page 70039]]

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 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:

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 British Aerospace Model HS 748 airplanes. The CAA 
advises that a structural integrity audit of the airplane showed the 
importance of inspecting for fatigue cracking and corrosion of the rear 
pressure bulkhead and associated areas, and of the fin attachment 
fittings, particularly the fin link beam. Although there have been no 
reports of damage or corrosion, the CAA has determined that the 
potential exists for fatigue cracking or corrosion to occur in these 
areas. The CAA further advises that, in order to do the inspection, 
operators must remove the fin, and that other inspections for cracking 
or corrosion and certain replacements should be done while the fin is 
removed. Failure to detect and repair cracking, corrosion, and other 
related discrepancies of the rear pressure bulkhead and associated 
areas, and the fin attachment fittings, particularly the fin link beam, 
could result in damage to the airplane structure or injury to airplane 
occupants.

Relevant Service Information

    BAE Systems (Operations) Limited has issued Inspection Service 
Bulletin HS748-53-49, Revision 2, dated May 4, 2001. The service 
bulletin describes procedures for doing various repetitive inspections 
of the rear pressure bulkhead and associated areas, and of the fin 
attachment fittings, particularly the fin link beam. The service 
bulletin also states that, in order to inspect these areas, the fin of 
the airplane must be removed. The inspections include high frequency 
eddy current (HFEC), rototest eddy current, radiographic, and close 
visual inspections for fatigue cracking and corrosion, and for other 
related discrepancies described in the service bulletin, such as loose 
rivets, and worn bolts and bushings.
    The service bulletin also describes procedures for any necessary 
corrective actions. The corrective actions depend on the inspection 
findings and the location of the problem to be corrected. The 
corrective actions can include reaming rivet holes, installing 
appropriate new bolts, repairing cracks and corrosion, and replacing 
various parts with new or serviceable parts. The corrective actions can 
also include related investigative actions such as close visual 
inspections for cracks, corrosion, and discrepancies that may be 
revealed during the repair process.
    For certain inspection findings, such as certain bore diameters or 
certain cracks, and for certain areas that cannot be repaired within 
the limits described in the service bulletin, the service bulletin 
specifies that operators should contact BAE Systems (Operations) 
Limited for repair instructions. The service bulletin also specifies 
that certain parts are to be returned to the manufacturer, and that 
results of all inspections should be sent to the manufacturer.
    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 002-
03-83 to ensure the continued airworthiness of these airplanes in the 
United Kingdom.

FAA's Determination and Requirements of This 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 products of this type design that are 
certificated for operation in the United States.
    Therefore, we are issuing this AD to detect and correct cracking, 
corrosion, and other related discrepancies of the rear pressure 
bulkhead and associated areas, and the fin attachment fittings, 
particularly the fin link beam, which could result in damage to the 
airplane structure or injury to airplane occupants. This AD requires 
accomplishing the actions specified in the service information 
described previously, except as discussed under ``Differences Among the 
AD, the British Airworthiness Directive, and the Service Bulletin.''

Differences Among the AD, the British Airworthiness Directive, and the 
Service Bulletin

    Although the service bulletin referenced by the British 
airworthiness directive specifies to submit certain information to the 
manufacturer, and to return certain parts to the manufacturer, this AD 
does not include those requirements.
    The service bulletin referenced by the British airworthiness 
directive specifies to contact the manufacturer for instructions on how 
to repair certain conditions, but this AD requires repairing those 
conditions using a method that we approve.

Clarification of Actions in the Service Bulletin

    Where the service bulletin is not specific regarding an inspection, 
corrective action, or any step necessary to complete the requirements 
of this AD, this AD requires doing the applicable action or step using 
a method that we, or the CAA (or its delegated agent) approve.

Clarification of Inspection Terminology

    In this AD, the ``close visual inspection'' specified in the 
service bulletin is referred to as a ``detailed inspection.'' We have 
included the definition for a detailed inspection in a note in the AD.

Costs of Compliance

    None of the airplanes affected by this action are on the U.S. 
Register. All airplanes affected by this AD are currently operated by 
non-U.S. operators under foreign registry; therefore, they are not 
directly affected by this AD action. However, we consider this AD 
necessary to ensure that the unsafe condition is addressed if any 
affected airplane is imported and placed on the U.S. Register in the 
future.
    If an affected airplane is imported and placed on the U.S. Register 
in the future, the required actions would take about 200 work hours per 
airplane, at an average labor rate of $65 per work hour. Based on these 
figures, the estimated cost of the AD would be $13,000 per airplane, 
per inspection cycle.

FAA's Determination of the Effective Date

    No airplane affected by this AD is currently on the U.S. Register. 
Therefore, providing notice and opportunity for public comment is 
unnecessary before this AD is issued, and this AD may be made effective 
in

[[Page 70040]]

less than 30 days after it is published in the Federal Register.

Comments Invited

    This AD is a final rule that involves requirements that affect 
flight safety and was not preceded by notice and an opportunity for 
public comment; however, we invite you to submit any relevant written 
data, views, or arguments regarding this AD. Send your comments to an 
address listed in the ADDRESSES section. Include ``Docket No. FAA-2005-
23006; Directorate Identifier 2002-NM-51-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the AD that might 
suggest a need to modify it.
    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 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.

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

2005-23-22 BAE Systems (Operations) Limited (Formerly British 
Aerospace Regional Aircraft): Amendment 39-14380. Docket No. FAA-
2005-23006; Directorate Identifier 2002-NM-51-AD.

Effective Date

    (a) This AD becomes effective December 6, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all BAE Systems (Operations) Limited 
Model HS 748 series 2A and series 2B airplanes, certificated in any 
category.

Unsafe Condition

    (d) This AD results from a structural integrity audit of the 
airplane that showed the importance of inspecting for fatigue 
cracking and corrosion of the rear pressure bulkhead and associated 
areas, and of the fin attachment fittings, particularly the fin link 
beam. We are issuing this AD to detect and correct cracking, 
corrosion, and other related discrepancies of these areas, which 
could result in damage to the airplane structure or injury to 
airplane occupants.

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.

Inspections and Corrective Actions

    (f) At the applicable time in paragraph (f)(1), (f)(2), or 
(f)(3) of this AD: Do high frequency eddy current (HFEC), rototest 
eddy current, radiographic, and detailed inspections for fatigue 
cracking, corrosion, and other related discrepancies of the rear 
pressure bulkhead and associated areas, and the fin attachment 
fittings, particularly the fin link beam; and do applicable related 
investigative and corrective actions before further flight except as 
provided by paragraph (g) of this AD. Do all actions in accordance 
with the Accomplishment Instructions of BAE Systems (Operations) 
Limited Inspection Service Bulletin HS748-53-49, Revision 2, dated 
May 4, 2001.
    (1) For airplanes with maximum cabin differential pressure of 
5.5 psi, do the inspections at the applicable time in paragraphs 
(f)(1)(i) and (f)(1)(ii) of this AD.
    (i) Before the accumulation of 50,000 total flight cycles, or 
within 6 months after the effective date of this AD, whichever 
occurs later.
    (ii) Before the accumulation of 83,000 total flight cycles, or 
within 6 months after the effective date of this AD, whichever 
occurs later: Extend the inspection of the fin link beam to cover 
the central 30 inches of the beam, and repeat this inspection at 
intervals not to exceed 11,000 flight cycles. If the inspection of 
the fin link beam indicates a defect in any rivet hole, before 
further flight: Repair the hole in accordance with the service 
bulletin, and repeat the inspection thereafter at intervals not to 
exceed the applicable interval in Table 1 of this AD, depending on 
the size of the hole following reaming during the repair process.

[[Page 70041]]



 Table 1.--Repetitive Intervals for Airplanes With Repaired Rivet Holes,
               Maximum Cabin Differential Pressure 5.5 psi
------------------------------------------------------------------------
       Defect removed at--            Repetitive inspection  interval
------------------------------------------------------------------------
Hole size 3/16 inch + 1/32 inch    10,000 flight cycles.
 diameter.
Hole size 3/16 inch + 1/16 inch    7,000 flight cycles.
 diameter.
Hole size 3/16 inch + 5/64 inch    6,000 flight cycles.
 diameter.
------------------------------------------------------------------------

    (2) For airplanes on which BAe Modification 7191 has been 
incorporated (reduction of cabin differential pressure from 5.5 psi 
to 4.2 psi) before the effective date of this AD: Do the inspections 
at the applicable time in paragraphs (f)(2)(i), (f)(2)(ii), and 
(f)(2)(iii) of this AD.
    (i) If Modification 7191 is incorporated before the accumulation 
of 50,000 total flight cycles, do the inspections before the 
accumulation of 50,000 total flight cycles, or within 6 months after 
the effective date of this AD, whichever occurs later. Repeat the 
inspection thereafter at intervals not to exceed 25,000 flight 
cycles.
    (ii) If Modification 7191 is incorporated during one of the 
inspections required by this AD: Repeat the inspection thereafter at 
intervals not to exceed 25,000 flight cycles.
    (iii) If Modification 7191 is incorporated between inspections 
required by this AD: Do the inspection 11,000 flight cycles 
following the previous inspection, and repeat the inspection 
thereafter at intervals not to exceed 25,000 flight cycles. If the 
inspection of the fin link beam indicates a defect in any rivet 
hole, before further flight: Repair the hole in accordance with the 
service bulletin, and repeat the inspection thereafter at intervals 
not to exceed the applicable interval in Table 2 of this AD, 
depending on the size of the hole following reaming during the 
repair process.

 Table 2.--Repetitive Intervals for Airplanes With Repaired Rivet Holes,
               Maximum Cabin Differential Pressure 4.2 psi
------------------------------------------------------------------------
       Defect removed at--            Repetitive inspection  interval
------------------------------------------------------------------------
Hole size 3/16 inch + 1/32 inch    22,000 flight cycles.
 diameter.
Hole size 3/16 inch + 1/16 inch    16,000 flight cycles.
 diameter.
Hole size 3/16 inch + 5/64 inch    14,000 flight cycles.
 diameter.
------------------------------------------------------------------------

    (3) For series 1 airplanes, including Model 200, Constructors 
Number 1535 (maximum cabin differential pressure of 4.2 psi): Before 
the accumulation of 70,000 total flight cycles, or within 6 months 
after the effective date of this AD, whichever occurs later. If the 
inspection of the fin link beam indicates a defect in any rivet 
hole, before further flight: Repair the hole in accordance with the 
service bulletin, and repeat the inspection thereafter at intervals 
not to exceed the applicable interval in Table 2 of this AD, 
depending on the size of the hole following reaming during the 
repair process.


    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.''


    (g) Where BAE Systems (Operations) Limited Inspection Service 
Bulletin HS748-53-49, Revision 2, dated May 4, 2001, recommends 
contacting BAE Systems (Operations) Limited for appropriate action: 
Before further flight, do the action according to a method approved 
by the Manager, International Branch, ANM-116, Transport Airplane 
Directorate, FAA. Where the service bulletin is not specific 
regarding an inspection, corrective action, or any step necessary to 
complete the requirements of this AD: Before further flight, do the 
inspection, corrective action, or step according to a method 
approved by the Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, or by the CAA (or its delegated agent).

No Reporting Required

    (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, 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

    (j) British airworthiness directive 002-03-83 also addresses the 
subject of this AD.

Material Incorporated by Reference

    (k) You must use BAE Systems (Operations) Limited Inspection 
Service Bulletin HS748-53-49, Revision 2, dated May 4, 2001, to 
perform the actions that are required by this AD, unless the AD 
specifies otherwise. The Director of the Federal Register approved 
the incorporation by reference of this document in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. Contact British Aerospace Regional 
Aircraft American Support 13850 Mclearen Road, Herndon, Virginia 
20171, for a copy of this service information. You may review copies 
at the Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., room PL-401, Nassif 
Building, Washington, DC; on the Internet at http://dms.dot.gov; or 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at the 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 November 9, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-22790 Filed 11-18-05; 8:45 am]
BILLING CODE 4910-13-P