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###### Department of Transportation

###### Federal Aviation Administration

          - 14 CFR Part 39
          - [Docket No. FAA-2010-0477; Directorate Identifier 2009-NM-226-AD; Amendment 39-16423; AD 2010-18-10]
          - RIN 2120-AA64

# AGENCY:

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

# ACTION:

Final rule.

# SUMMARY:

We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:

Three events have been reported where insulation material was found to be fouling pulleys in the aileron interconnect circuit in the cabin roof area. * * *

Interference between the cable and the insulation bag causes the material to be drawn into the gap between the pulley and the pulley guard. This condition, if not detected and corrected, could lead to restricted aileron movement and consequently, reduced control of the aeroplane.

* * * * *

We are issuing this AD to require actions to correct the unsafe condition on these products.

# DATES:

This AD becomes effective October 7, 2010.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of October 7, 2010.

# ADDRESSES:

                        You may examine the AD docket on the Internet at                         *http://www.regulations.gov*                         or in person at the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.                    

# FOR FURTHER INFORMATION CONTACT:

Todd Thompson, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 227-1175; fax (425) 227-1149.

# SUPPLEMENTARY INFORMATION:

## Discussion

                    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the                     **Federal Register**                     on May 19, 2010 (75 FR 27959). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states:                

Three events have been reported where insulation material was found to be fouling pulleys in the aileron interconnect circuit in the cabin roof area. The insulation material is contained in a bag, the material of which tends to become brittle with age. During the production life of the aeroplane type, several methods of bag retention were applied, all of which involved puncturing the bag. This puncture tends to result in a tear, which, if detected in time, can be repaired with tape; however, the affected cabin roof area is not frequently accessed for inspection. Over time, the weight of the bag also tends to cause tears in the material, making the insulation material sag, thereby causing interference with the cable and pulley.

Interference between the cable and the insulation bag causes the material to be drawn into the gap between the pulley and the pulley guard. This condition, if not detected and corrected, could lead to restricted aileron movement and consequently, reduced control of the aeroplane.

For the reasons described above, this [EASA] AD requires the installation of additional guards, bolts and nuts on the aileron interconnect cable pulleys at frame 29 (left and right).

This [EASA] AD has been revised to exclude aeroplanes from the Applicability that have been modified to freighter configuration in accordance with BAE Systems modification No. HCM50200B. As this modification includes the removal of the insulation bags, the unsafe condition that is addressed by this [EASA] AD cannot exist or develop on those aeroplanes.

You may obtain further information by examining the MCAI in the AD docket.

## Comments

We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM or on the determination of the cost to the public.

## Conclusion

We reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed.

## Differences Between This AD and the MCAI or Service Information

We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information.

                    We might also have required different actions in this AD from those in the                           ( print page 53856)                        MCAI in order to follow our FAA policies. Any such differences are highlighted in a NOTE within the AD.                

## Costs of Compliance

We estimate that this AD will affect 1 product of U.S. registry. We also estimate that it will take about 5 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Required parts will cost about $340 per product. Where the service information lists required parts costs that are covered under warranty, we have assumed that there will be no charge for these parts. As we do not control warranty coverage for affected parties, some parties may incur costs higher than estimated here. Based on these figures, we estimate the cost of this AD to the U.S. operator to be $765.

## 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 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 this AD:*

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.

## Examining the AD Docket

                    You may examine the AD docket on the Internet at                     *http://www.regulations.gov;*                     or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains the NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone (800) 647-5527) is in the                     **ADDRESSES**                     section. Comments will be available in the AD docket shortly after receipt.                

# List of Subjects in 14 CFR Part 39

      - Air transportation
      - Aircraft
      - Aviation safety
      - Incorporation by reference
      - Safety

## Adoption of the Amendment

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 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 

2. The FAA amends § 39.13 by adding the following new AD: 

**2010-18-10 BAE Systems (Operations) Limited:**                             Amendment 39-16423. Docket No. FAA-2010-0477; Directorate Identifier 2009-NM-226-AD.                        

## Effective Date

(a) This airworthiness directive (AD) becomes effective October 7, 2010.

## Affected ADs

(b) None.

## Applicability

(c) This AD applies to BAE Systems (OPERATIONS) LIMITED Model BAe 146-100A, -200A, and -300A series airplanes and Model Avro 146-RJ70A, 146-RJ85A, and 146-RJ100A airplanes, certificated in any category; all serial numbers, except those airplanes modified to freighter configuration in accordance with BAE SYSTEMS Modification HCM50200B.

## Subject

(d) Air Transport Association (ATA) of America Code 27: Flight Controls.

## Reason

(e) The mandatory continuing airworthiness information (MCAI) states:

Three events have been reported where insulation material was found to be fouling pulleys in the aileron interconnect circuit in the cabin roof area. * * *

Interference between the cable and the insulation bag causes the material to be drawn into the gap between the pulley and the pulley guard. This condition, if not detected and corrected, could lead to restricted aileron movement and consequently, reduced control of the aeroplane.

* * * * *

## Compliance

(f) You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done.

## Actions

(g) Within 6 months after the effective date of this AD, install new aileron interconnect cable pulley guards, in accordance with paragraph 2.C. “Modification” of the Accomplishment Instructions of BAE Systems (OPERATIONS) LIMITED Modification Service Bulletin SB.27-183-36246A, dated December 9, 2008.

## FAA AD Differences

# Note 1:

 This AD differs from the MCAI and/or service information as follows: No differences.

## Other FAA AD Provisions

(h) The following provisions also apply to this AD:

                            (1)                             *Alternative Methods of Compliance (AMOCs):*                             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, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 227-1175; fax (425) 227-1149. Before using any approved AMOC on any airplane to which the AMOC applies, notify your principal maintenance inspector (PMI) or principal avionics inspector (PAI), as appropriate, or lacking a principal inspector, your local Flight Standards District Office. The AMOC approval letter must specifically reference this AD.                        

                            (2)                             *Airworthy Product:*                             For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.                        

                            (3)                             *Reporting Requirements:*                             For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501*et seq.*), the Office of Management and Budget (OMB) has approved the information collection requirements and has assigned OMB Control Number 2120-0056.                                  ( print page 53857)    

## Related Information

(i) Refer to MCAI European Aviation Safety Agency Airworthiness Directive 2009-0205, Revision 1, dated January 12, 2010; and BAE Systems (OPERATIONS) LIMITED Modification Service Bulletin SB.27-183-36246A, dated December 9, 2008; for related information.

## Material Incorporated by Reference

(j) You must use BAE Systems (OPERATIONS) LIMITED Modification Service Bulletin SB.27-183-36246A, dated December 9, 2008, to do the actions required by this AD, unless the AD specifies otherwise.

(1) The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51.

                            (2) For service information identified in this AD, contact BAE Systems (Operations) Limited, Customer Information Department, Prestwick International Airport, Ayrshire, KA9 2RW, Scotland, United Kingdom; telephone +44 1292 675207; fax +44 1292 675704; e-mail                             *RApublications@baesystems.com;*                             Internet                             *http://www.baesystems.com/​Businesses/​RegionalAircraft/​index.htm.*

(3) You may review copies of the service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington. For information on the availability of this material at the FAA, call 425-227-1221.

                            (4) You may also review copies of the service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at 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 August 20, 2010.

Jeffrey E. Duven,

Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.

[FR Doc. 2010-21411 Filed 9-1-10; 8:45 am]

BILLING CODE 4910-13-P