[Federal Register Volume 73, Number 166 (Tuesday, August 26, 2008)]
[Proposed Rules]
[Pages 50248-50250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19714]


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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. 73, No. 166 / Tuesday, August 26, 2008 /Proposed Rules

[[Page 50248]]



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:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> 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

[[Page 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
------------------------------------------------------------------------
                                            Corresponding requirement in
       Requirement in AD 2005-23-12               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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                          Number of U.S.-
                         Action                             Work hours     Average labor       Parts         Cost per       registered      Fleet cost
                                                                           rate per hour                     airplane        airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
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.


Sec.  39.13  [Amended]

    2. The Federal Aviation Administration (FAA) amends Sec.  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

[[Page 50250]]

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]
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