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

50248 

Vol. 73, No. 166 

Tuesday, August 26, 2008 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0909; Directorate 

Identifier 2007–NM–363–AD] 

RIN 2120–AA64 

Airworthiness Directives; BAE 

Systems (Operations) Limited Model 

BAe 146 and Model Avro 146–RJ 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to 

supersede an existing airworthiness 

directive (AD) that applies to all BAE 

Systems (Operations) Limited Model 

BAe 146 and Model Avro 146–RJ 

airplanes. The existing AD currently 

requires revising the Airworthiness 

Limitations Section (ALS) of the 

Instructions for Continued 

Airworthiness to incorporate life limits 

for certain items and inspections to 

detect fatigue cracking in certain 

structures. This proposed AD would 

require revising the ALS of the 

Instructions for Continued 

Airworthiness to incorporate new and 

more restrictive life limits for certain 

items and new and more restrictive 

inspections to detect fatigue cracking in 

certain structures. This proposed AD 

results from issuance of a later revision 

to the airworthiness limitations of the 

BAe/Avro 146 Aircraft Maintenance 

Manual, which specifies new 

inspections and compliance times for 

inspection and replacement actions. We 

are proposing this AD to ensure that 

fatigue cracking of certain structural 

elements is detected and corrected; such 

fatigue cracking could adversely affect 

the structural integrity of these 

airplanes. 

DATES: We must receive comments on 

this proposed AD by September 25, 

2008. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• 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. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

For service information identified in 

this AD, contact British Aerospace 

Regional Aircraft American Support 

13850 Mclearen Road, Herndon, 

Virginia 20171. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Office 

(telephone 800–647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: 

Todd Thompson, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98057–4056; telephone (425) 227–1175; 

fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2008–0909; Directorate Identifier 

2007–NM–363–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD because of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

On November 14, 2005, we issued AD 

2005–23–12, amendment 39–14370 (70 

FR 70483, November 22, 2005), for all 

BAE Systems (Operations) Limited 

Model BAe 146 and Model Avro 146– 

RJ airplanes. That AD requires revising 

the Airworthiness Limitations Section 

(ALS) of the Instructions for Continued 

Airworthiness to incorporate life limits 

for certain items and inspections to 

detect fatigue cracking in certain 

structures. That AD resulted from 

issuance of a revision to the 

airworthiness limitations of the BAe/ 

Avro 146 Aircraft Maintenance Manual, 

which specifies new inspections and 

compliance times for inspection and 

replacement actions. We issued that AD 

to ensure that fatigue cracking of certain 

structural elements is detected and 

corrected; such fatigue cracking could 

adversely affect the structural integrity 

of these airplanes. 

Actions Since Existing AD Was Issued 

Since we issued AD 2005–23–12, the 

European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, notified us that later 

revisions to Sections 05–10 and 05–20 

have been issued for Chapter 5 of the 

BAe/Avro 146 Aircraft Maintenance 

Manual (AMM). Those sections also 

reference additional sections of the 

AMM. (The AD refers to the information 

included in the revised section of the 

AMM as the ‘‘Airworthiness Limitations 

Section (ALS).’’) The revised sections 

affect all BAE Systems (Operations) 

Limited Model BAe 146 and Model 

Avro 146–RJ airplanes. In addition, 

those sections provide mandatory 

replacement times and structural 

inspection intervals approved under 

section 25.571 of the Joint Aviation 

Requirements and the Federal Aviation 

Regulations (14 CFR 25.571). As 

airplanes gain service experience, or as 


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Federal Register / Vol. 73, No. 166 / Tuesday, August 26, 2008 / Proposed Rules 50249 

results of post-certification testing and 

evaluation are obtained, it may become 

necessary to add additional life limits or 

structural inspections to ensure the 

continued structural integrity of the 

airplane. 

The EASA advises that analysis of 

fatigue test data has revealed that 

certain inspections must be performed 

at specific intervals to preclude fatigue 

cracking in certain areas of the airplane. 

In addition, the EASA advises that 

certain life limits must be imposed for 

various components on these airplanes 

to preclude the onset of fatigue cracking 

in those components. Such fatigue 

cracking, if not corrected, could 

adversely affect the structural integrity 

of these airplanes. 

The EASA mandated the service 

information and issued airworthiness 

directive 2007–0271, dated October 16, 

2007, to ensure the continued 

airworthiness of these airplanes in the 

European Union. 

FAA’s Determination and Requirements 

of the Proposed AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with the State of 

Design Authority, we have been notified 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all pertinent 

information and determined an unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

This proposed AD would supersede 

AD 2005–23–12 and would retain 

certain requirements of the existing AD. 

This proposed AD would also require 

revising the ALS of the Instructions for 

Continued Airworthiness to incorporate 

new and more restrictive life limits for 

certain items and new and more 

restrictive inspections to detect fatigue 

cracking in certain structures. 

Change to Existing AD 

This proposed AD would retain 

certain requirements of AD 2005–23–12. 

Since AD 2005–23–12 was issued, the 

AD format has been revised, and certain 

paragraphs have been rearranged. As a 

result, the corresponding paragraph 

identifiers have changed in this 

proposed AD, as listed in the following 

table: 

REVISED PARAGRAPH IDENTIFIERS

Requirement in AD 

2005–23–12 

Corresponding 

requirement in this 

proposed AD 

paragraph (h) ............ paragraph (f). 

paragraph (i) ............. paragraph (h). 

Costs of Compliance 

The following table provides the 

estimated costs for U.S. operators to 

comply with this proposed AD. 

ESTIMATED COSTS

Action Work hours Average labor 

rate per hour Parts Cost per airplane 

Number of 

U.S.-registered 

airplanes 

Fleet cost 

ALS Revision (required by AD 2005–23– 

12) ........................................................ 1 $80 None $80 1 $80 

ALS Revision (new proposed action) ...... 1 80 None 80 1 80 

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. 

§ 39.13 [Amended] 

2. The Federal Aviation 

Administration (FAA) amends § 39.13 

by removing amendment 39–14370 (70 

FR 70483, November 22, 2005) and 

adding the following new airworthiness 

directive (AD): 

BAE Systems (Operations) Limited 

(Formerly British Aerospace Regional 

Aircraft): Docket No. FAA–2008–0909; 

Directorate Identifier 2007–NM–363–AD. 

Comments Due Date 

(a) The FAA must receive comments on 

this AD action by September 25, 2008. 

Affected ADs 

(b) This AD supersedes AD 2005–23–12. 

Applicability 

(c) This AD applies to all BAE Systems 

(Operations) Limited Model BAe 146–100A, 

–200A, and –300A series airplanes, and 


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50250 Federal Register / Vol. 73, No. 166 / Tuesday, August 26, 2008 / Proposed Rules 

Model Avro 146–RJ70A, 146–RJ85A, and 

146–RJ100A airplanes, certificated in any 

category. 

Unsafe Condition 

(d) This AD results from issuance of a later 

revision to the airworthiness limitations of 

the BAe/Avro 146 Aircraft Maintenance 

Manual (AMM), which specifies new 

inspections and compliance times for 

inspection and replacement actions. We are 

issuing this AD to ensure that fatigue 

cracking of certain structural elements is 

detected and corrected; such fatigue cracking 

could adversely affect the structural integrity 

of these airplanes. 

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. 

Certain Requirements of AD 2005–23–12 

Note 1: This AD requires revisions to 

certain operator maintenance documents to 

include new inspections. Compliance with 

these inspections is required by 14 CFR 

91.403(c). For airplanes that have been 

previously modified, altered, or repaired in 

the areas addressed by these inspections, the 

operator may not be able to accomplish the 

inspections described in the revisions. In this 

situation, to comply with 14 CFR 91.403(c), 

the operator must request approval for an 

alternative method of compliance (AMOC) 

according to paragraph (i) of this AD. The 

request should include a description of 

changes to the required inspections that will 

ensure the continued operational safety of 

the airplane. 

Airworthiness Limitations Revision 

(f) Within 30 days after December 27, 2005 

(the effective date of AD 2005–23–12), revise 

the Airworthiness Limitations Section (ALS) 

of the Instructions for Continued 

Airworthiness to incorporate new and more 

restrictive life limits for certain items and 

new and more restrictive inspections to 

detect fatigue cracking in certain structures, 

in accordance with a method approved by 

the Manager, International Branch, ANM–

116, Transport Airplane Directorate, FAA; or 

the Civil Aviation Authority (or its delegated 

agent). Section 05–10–01, dated July 15, 

2005, of Chapter 5 of the BAe/Avro 146 

Aircraft Maintenance Manual is one 

approved method. This section references 

other sections of the AMM. The applicable 

revision level of the referenced sections is the 

revision level that is in effect on December 

27, 2005. 

New Requirements of This AD 

Later Revision for Airworthiness Limitations 

(g) Within 30 days after the effective date 

of this AD, revise the ALS of the Instructions 

for Continued Airworthiness to incorporate 

new and more restrictive life limits for 

certain items and new and more restrictive 

inspections to detect fatigue cracking in 

certain structures, in accordance with a 

method approved by the Manager, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA; or the European 

Aviation Safety Agency (or its delegated 

agent). Sections 05–10 and 05–20, both dated 

August 15, 2007, of Chapter 5 of the BAe/ 

Avro 146 Aircraft Maintenance Manual is 

one approved method. Those sections 

reference other sections of the AMM. The 

applicable revision level of the referenced 

sections is the revision level that is in effect 

on the effective date of this AD. Incorporating 

the new and more restrictive life limits and 

inspections into the ALS terminates the 

requirements of paragraphs (f) and (g) of this 

AD, and after incorporation has been done, 

the limitations required by paragraph (f) of 

this AD may be removed from the ALS. 

(h) Except as specified in paragraph (i) of 

this AD: After the actions specified in 

paragraph (f) or (g) of this AD have been 

accomplished, no alternative inspections or 

inspection intervals may be approved for the 

structural elements specified in the 

documents listed in paragraph (f) or (g) of 

this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(i) The Manager, International Branch, 

ANM=116, Transport Airplane Directorate, 

FAA, has the authority to approve AMOCs 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. Send information to 

ATTN: Todd Thompson, Aerospace 

Engineer, International Branch, ANM–116, 

FAA, Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98057–4056; telephone (425) 227–1175; fax 

(425) 227–1149. Before using any approved 

AMOC on any airplane to which the AMOC 

applies, notify your appropriate principal 

inspector (PI) in the FAA Flight Standards 

District Office (FSDO), or lacking a PI, your 

local FSDO. 

Related Information 

(j) The European Aviation Safety Agency 

airworthiness directive 2007–0271, dated 

October 16, 2007, also addresses the subject 

of this AD. 

Issued in Renton, Washington, on August 

18, 2008. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–19714 Filed 8–25–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0908; Directorate 

Identifier 2007–NM–190–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A310 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to 

supersede an existing airworthiness 

directive (AD) that applies to all Airbus 

Model A310 series airplanes. The 

existing AD currently requires repetitive 

detailed inspections to detect cracks 

propagating from the fastener holes that 

attach the left- and right-hand pick-up 

angles at frame 40 to the wing lower 

skin and fuselage panel, and corrective 

actions, if necessary. This proposed AD 

would revise the intervals for 

accomplishing the repetitive detailed 

inspections and would provide for an 

optional terminating modification for 

the repetitive inspections. This 

proposed AD results from mandatory 

continuing airworthiness information 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. We are proposing this AD to 

prevent reduced structural integrity of 

the airplane due to fatigue damage and 

consequent cracking of the pick-up 

angles at frame 40. 

DATES: We must receive comments on 

this proposed AD by September 25, 

2008. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• 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. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M–

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

For service information identified in 

this AD, contact Airbus, 1 Rond Point 

Maurice Bellonte, 31707 Blagnac Cedex, 

France. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Office 

(telephone 800–647–5527) is in the 

ADDRESSES section. Comments will be 


sroberts on PROD1PC76 with PROPOSALS