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.

Proposed Rules Federal Register

69286 

Vol. 70, No. 219 

Tuesday, November 15, 2005 

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. 

• DOT Docket Web site: Go to 

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street SW., Nassif Building, 

room PL–401, Washington, DC 20590. 

• Fax: (202) 493–2251. 

• 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 airplanes ........................... Frames 25 and 36. 

Model BAe 146–200A series airplanes ........................... Frames 25 and 34. 

Federal Register / Vol. 70, No. 219 / Tuesday, November 15, 2005 / Proposed Rules 69287 

INSPECTION AREAS—Continued 

Use Service Bulletin— For— To inspect between—

Model BAe 146–300A series airplanes ........................... Frames 25 and 33C. 

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: 

• 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. 

• 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. 

• 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. 

Action Work hours Average labor 

rate per hour Parts Cost per airplane 

Number of 

U.S.-registered 

airplanes 

Fleet cost 

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. 

69288 Federal Register / Vol. 70, No. 219 / Tuesday, November 15, 2005 / Proposed Rules 

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. 

§ 39.13 [Amended] 

2. The Federal Aviation 

Administration (FAA) amends § 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 § 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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–22973; Directorate 

Identifier 2004–NM–67–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A330–200, A330–300, A340–200, and 

A340–300 Series Airplanes; and A340–

541 and A340–642 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 all 

Airbus Model A330–200, A330–300,