[Federal Register Volume 74, Number 117 (Friday, June 19, 2009)]
[Rules and Regulations]
[Pages 29123-29126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13567]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0133; Directorate Identifier 2008-NM-107-AD; 
Amendment 39-15933; AD 2009-12-10]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited Model 
BAe 146 and Avro 146-RJ Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD), which applies to all BAE Systems (Operations) Limited Model BAe 
146 and Avro 146-RJ airplanes. That AD currently requires repetitive 
inspections for corrosion of frames 15, 18, 41, and 43 and applicable 
related investigative and corrective actions. The existing AD also 
provides an optional action that would extend the repetitive inspection 
interval. This new AD also requires a high frequency eddy current 
inspection for corrosion of the outer frame flanges and door hinge 
bosses of frames 15, 18, 41, and 43. This AD results from a report 
indicating that corrosion has been detected in the outer frame flanges 
and door hinge bosses during scheduled maintenance. We are issuing this 
AD to prevent reduced structural integrity of the airplane.

DATES: This AD becomes effective July 24, 2009.
    The Director of the Federal Register approved the incorporation by 
reference

[[Page 29124]]

of a certain publication listed in the AD as of July 24, 2009.

ADDRESSES: For service information identified in this AD, contact BAE 
Systems Regional Aircraft, 13850 McLearen Road, Herndon, Virginia 
20171; telephone 703-736-1080; e-mail <a href="/cdn-cgi/l/email-protection#473526222532342e2922343407252622343e3433222a346924282a"><span class="__cf_email__" data-cfemail="661407030413150f0803151526040703151f1512030b154805090b">[email protected]</span></a>; 
Internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm.

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 AD, the regulatory evaluation, 
any comments received, and other information. The address for the 
Docket Office (telephone 800-647-5527) is the Document Management 
Facility, U.S. Department of Transportation, Docket Operations, M-30, 
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., 
Washington, DC 20590.

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

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that supersedes AD 2006-12-09, amendment 
39-14634 (71 FR 33602, June 12, 2006). The existing AD applies to all 
BAE Systems (Operations) Limited Model BAe 146 and Avro 146-RJ 
airplanes. That NPRM was published in the Federal Register on February 
18, 2009 (74 FR 7565). That NPRM proposed to continue to require 
repetitive inspections for corrosion of frames 15, 18, 41, and 43 and 
applicable related investigative and corrective actions. The NPRM also 
proposed to continue to provide an optional action that would extend 
the repetitive inspection interval. In addition, the NPRM proposed to 
require a high frequency eddy current (HFEC) inspection for corrosion 
of the outer frame flanges and door hinge bosses of frames 15, 18, 41, 
and 43.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. No comments have been received on the NPRM or 
on the determination of the cost to the public.

Conclusion

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

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                  Number of U.S.-
             Action                 Work hours     Average labor     Cost per       registered      Fleet cost
                                                   rate per hour     airplane        airplanes
----------------------------------------------------------------------------------------------------------------
HFEC inspection, per inspection                5             $80            $400               1            $400
 cycle (required by AD 2006-12-
 09)............................
Detailed Inspection, per                       3              80             240               1             240
 inspection cycle (required by
 AD 2006-12-09).................
HFEC inspection, per inspection                5              80             400               1             400
 cycle (new action).............
----------------------------------------------------------------------------------------------------------------

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 this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under 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 
removing amendment 39-14634 (71 FR 33602, June 12, 2006) and by adding 
the following new airworthiness directive (AD):

2009-12-10 BAE Systems (Operations) Limited (Formerly British 
Aerospace

[[Page 29125]]

Regional Aircraft): Amendment 39-15933. Docket No. FAA-2009-0133; 
Directorate Identifier 2008-NM-107-AD.

Effective Date

    (a) This AD becomes effective July 24, 2009.

Affected ADs

    (b) This AD supersedes AD 2006-12-09.

Applicability

    (c) This AD applies to all 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.

Subject

    (d) Air Transport Association (ATA) of America Code 53: 
Fuselage.

Unsafe Condition

    (e) This AD results from a report indicating that corrosion has 
been detected in the outer frame flanges and door hinge bosses 
during scheduled maintenance. We are issuing this AD to prevent 
reduced structural integrity of the airplane.

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.

Restatement of Requirements of AD 2006-12-09

Repetitive Inspections

    (g) Use high-frequency eddy current (HFEC) and detailed methods 
to inspect for signs of corrosion (including cracks, blistering, or 
flaking paint) of frames 15, 18, 41, and 43, in accordance with the 
Accomplishment Instructions of BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.53-182, dated March 16, 2005, except 
as required by paragraph (k) of this AD. Inspect at the applicable 
time specified in 1.D. ``Compliance'' of BAE Systems (Operations) 
Limited Inspection Service Bulletin ISB.53-182, dated March 16, 
2005. Application of corrosion-preventive treatment, in accordance 
with BAE Systems (Operations) Limited Inspection Service Bulletin 
ISB.53-182, dated March 16, 2005; or Revision 1, dated August 6, 
2007; extends the repetitive inspection interval, as specified in 
Table 2 in 1.D. ``Compliance'' of BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.53-182, dated March 16, 2005.

    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.''

Corrective Action

    (h) If any discrepancy is found during any inspection required 
by paragraph (g) of this AD: Before further flight, perform 
applicable related investigative/corrective actions in accordance 
with the Accomplishment Instructions of BAE Systems (Operations) 
Limited Inspection Service Bulletin ISB.53-182, dated March 16, 
2005, except as required by paragraphs (i) and (k) of this AD.

Exceptions to Service Bulletin Specifications

    (i) If BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.53-182, dated March 16, 2005, specifies to contact the 
manufacturer for appropriate action, before further flight, repair 
per a method approved by the Manager, International Branch, ANM-116, 
Transport Airplane Directorate, FAA; or the Civil Aviation Authority 
(or its delegated agent); or European Aviation Safety Agency (EASA) 
(or its delegated agent).
    (j) Where BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.53-182, dated March 16, 2005, specifies a compliance 
time after the issuance of the service bulletin, this AD requires 
compliance within the specified compliance time after July 17, 2006 
(the effective date of AD 2006-12-09). Where BAE Systems 
(Operations) Limited Inspection Service Bulletin ISB.53-182, dated 
March 16, 2005, specifies a compliance time ``since date of 
construction'' of the airplane, this AD requires compliance since 
the date of issuance of the original standard airworthiness 
certificate or the date of issuance of the original export 
certificate of airworthiness.

New Requirements of This AD

New Service Bulletin

    (k) As of the effective date of this AD: Do the actions required 
by paragraphs (g) and (h) of this AD in accordance with the 
Accomplishment Instructions of BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.53-182, Revision 1, dated August 6, 
2007, except as required by paragraph (n) of this AD.

Additional Inspection Areas

    (l) At the applicable compliance time specified in paragraph (g) 
of this AD, except as provided by paragraph (o) of this AD; or 
within six months after the effective date of this AD; whichever 
occurs later: Do an HFEC inspection for corrosion of the outer frame 
flanges and door hinge bosses of frames 15, 18, 41, and 43, in 
accordance with the Accomplishment Instructions of BAE Systems 
(Operations) Limited Inspection Service Bulletin ISB.53-182, 
Revision 1, dated August 6, 2007 (``the service bulletin''). Repeat 
the inspection thereafter at the applicable time specified in 
paragraph 1.D., ``Compliance,'' of the service bulletin. Application 
of corrosion-preventive treatment, in accordance with the 
Accomplishment Instructions of the service bulletin, extends the 
repetitive inspection interval, as specified in Table 2 in paragraph 
1.D., ``Compliance,'' of the service bulletin.

Corrective Action for Additional Inspection

    (m) If any discrepancy is found during any inspection required 
by paragraph (l) of this AD: Before further flight, perform 
applicable related investigative/corrective actions in accordance 
with the Accomplishment Instructions of BAE Systems (Operations) 
Limited Inspection Service Bulletin ISB.53-182, Revision 1, dated 
August 6, 2007, except as required by paragraph (n) of this AD.

Exceptions to BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.53-182, Revision 1

    (n) If BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.53-182, Revision 1, dated August 6, 2007, specifies to 
contact the manufacturer for appropriate action, before further 
flight, repair per a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or EASA (or 
its delegated agent).
    (o) Where BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.53-182, Revision 1, dated August 6, 2007, specifies a 
compliance time after the issuance of the service bulletin, this AD 
requires compliance within the specified compliance time after the 
effective date of this AD. Where BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.53-182, Revision 1, dated August 6, 
2007, specifies a compliance time ``since date of construction'' of 
the airplane, this AD requires compliance since the date of issuance 
of the original airworthiness certificate or the date of issuance of 
the original export certificate of airworthiness.

No Reporting

    (p) Although BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.53-182, dated March 16, 2005; and Revision 1, dated 
August 6, 2007; specify to submit information to the manufacturer, 
this AD does not include such a requirement.

Alternative Methods of Compliance (AMOCs)

    (q) The Manager, International Branch, ANM-116, 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.

Related Information

    (r) European Aviation Safety Agency Airworthiness Directive 
2008-0092 R1, dated May 15, 2008, also addresses the subject of this 
AD.

Material Incorporated by Reference

    (s) You must BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.53-182, Revision 1, dated August 6, 2007; as

[[Page 29126]]

applicable; 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 Regional Aircraft, 13850 McLearen Road, Herndon, Virginia 
20171; telephone 703-736-1080; e-mail <a href="/cdn-cgi/l/email-protection#ea988b8f889f9983848f9999aa888b8f9993999e8f8799c4898587"><span class="__cf_email__" data-cfemail="f48695919681879d9a918787b4969591878d8780919987da979b99">[email protected]</span></a>; 
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 or 425-227-1152.
    (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 June 2, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-13567 Filed 6-18-09; 8:45 am]
BILLING CODE 4910-13-P


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