35772 Federal Register / Vol. 74, No. 138 / Tuesday, July 21, 2009 / Rules and Regulations 

document specifies the issue date of the 

document; no other page of this document 

contains this information.) 

(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 ATR–GIE Avions de 

Transport Re ́gional, 1, Alle ́e Pierre Nadot, 

31712 Blagnac Cedex, France; telephone +33 

(0) 5 62 21 62 21; fax +33 (0) 5 62 21 67 18; 

e-mail continued.airworthiness@atr.fr; 

Internet http://www.aerochain.com. 

(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 July 2, 

2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–16929 Filed 7–20–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0398; Directorate 

Identifier 2008–NM–193–AD; Amendment 

39–15971; AD 2009–15–08 

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. 

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: 

There have been a number of incidents 

where wing-to-fuselage or MLG [main 

landing gear] door fairing panels have 

detached from the aircraft during flight. 

Subsequent inspection revealed the loss of 

the fairing panels to be due to failure of 

certain steel grommets * * *. A detaching 

panel could strike the aircraft during flight, 

causing damage. In addition, a detaching 

panel could become attached to the structure 

or control surfaces, resulting in reduced 

control of the aircraft. 

* * * * * 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective 

August 25, 2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of August 25, 2009. 

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 April 30, 2009 (74 FR 

19905). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

There have been a number of incidents 

where wing-to-fuselage or MLG [main 

landing gear] door fairing panels have 

detached from the aircraft during flight. 

Subsequent inspection revealed the loss of 

the fairing panels to be due to failure of 

certain steel grommets, (P/N) [part number] 

SL5183 and HC535H0312, through which the 

attachment bolts are inserted. These failures 

may have been caused by improper 

installation of the grommets or damage 

resulting from maintenance procedures 

relating to paint stripping and repainting, 

allowing air loads to pull the panel through 

the grommet. A detaching panel could strike 

the aircraft during flight, causing damage. In 

addition, a detaching panel could become 

attached to the structure or control surfaces, 

resulting in reduced control of the aircraft. 

Following the application of BAE Systems 

(Operations) Ltd ISB 53–202 at Revision 1 to 

the first few, it has been discovered that 

removal of existing grommets P/N SL5183 

and HC535H0312 may result in localised 

damage to the aluminum foil membrane 

attached to the inner surface of some fairing 

panels. BAE Systems (Operations) Ltd has 

therefore issued additional instructions in 

All Operators Message (AOM) 08–015V, 

including bonding checks and detailed 

procedures for applying an electroconductive paste at each SL5185 grommet 

location in order to bridge any gap between 

grommet and the inner aluminum foil. The 

next revision of BAE Systems (Operations) 

Ltd ISB 53–202 will include the technical 

content of AOM 08–015V. 

For the reasons described above, this EASA 

AD requires repetitive inspections of the 

wing-to-fuselage & MLG door fairing panel 

grommets and, when damage is detected, the 

accomplishment of corrective actions. 

Corrective actions include replacing 

damaged grommets with new P/N 

SL5185 grommets; or doing a temporary 

repair, which defers the replacement. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Clarification for Unsatisfactory 

Bonding 

Unsatisfactory bonding, as used in 

this AD, is defined as: Intermittent loss 

of, or failure of the bond/electrical 

connection. 

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 

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 14 workhours per product to comply with the 

basic requirements of this AD. The 

average labor rate is $80 per work-hour. 

Based on these figures, we estimate the 


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Federal Register / Vol. 74, No. 138 / Tuesday, July 21, 2009 / Rules and Regulations 35773 

cost of this AD to the U.S. operators to 

be $1,120. 

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 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new AD: 

2009–15–08 BAE Systems (Operations) 

Limited (Formerly British Aerospace 

Regional Aircraft): Amendment 39– 

15971. Docket No. FAA–2009–0398; 

Directorate Identifier 2008–NM–193–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective August 25, 2009. 

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 models, all serial numbers, that 

have embodied modification HCM00633E or 

HCM00934A. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 53: Fuselage. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

There have been a number of incidents 

where wing-to-fuselage or MLG [main 

landing gear] door fairing panels have 

detached from the aircraft during flight. 

Subsequent inspection revealed the loss of 

the fairing panels to be due to failure of 

certain steel grommets, (P/N) [part number] 

SL5183 and HC535H0312, through which the 

attachment bolts are inserted. These failures 

may have been caused by improper 

installation of the grommets or damage 

resulting from maintenance procedures 

relating to paint stripping and repainting, 

allowing air loads to pull the panel through 

the grommet. A detaching panel could strike 

the aircraft during flight, causing damage. In 

addition, a detaching panel could become 

attached to the structure or control surfaces, 

resulting in reduced control of the aircraft. 

Following the application of BAE Systems 

(Operations) Ltd ISB 53–202 at Revision 1 to 

the first few, it has been discovered that 

removal of existing grommets P/N SL5183 

and HC535H0312 may result in localised 

damage to the aluminum foil membrane 

attached to the inner surface of some fairing 

panels. BAE Systems (Operations) Ltd has 

therefore issued additional instructions in 

All Operators Message (AOM) 08–015V, 

including bonding checks and detailed 

procedures for applying an electroconductive paste at each SL5185 grommet 

location in order to bridge any gap between 

grommet and the inner aluminum foil. The 

next revision of BAE Systems (Operations) 

Ltd ISB 53–202 will include the technical 

content of AOM 08–015V. 

For the reasons described above, this EASA 

AD requires repetitive inspections of the 

wing-to-fuselage & MLG door fairing panel 

grommets and, when damage is detected, the 

accomplishment of corrective actions. 

Corrective actions include replacing damaged 

grommets with new P/N SL5185 grommets; 

or doing a temporary repair, which defers the 

replacement. 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) Within 4,000 flight cycles or 24 months 

after the effective date of this AD, whichever 

occurs later, and thereafter at intervals not to 

exceed 8,000 flight cycles, conduct a visual 

inspection of the steel grommets on the 

fairing panels in accordance with paragraph 

2.C. of BAE Systems (Operations) Limited 

Inspection Service Bulletin ISB.53–202, 

Revision 3, dated December 10, 2008. 

(2) If damage is found during any 

inspection required by paragraph (f)(1) of this 

AD, before further flight, do the actions 

specified in paragraph (f)(2)(i) or (f)(2)(ii) of 

this AD. 

(i) Replace the grommets with new P/N 

SL5185 grommets in accordance with 

paragraph 2.C. of BAE Systems (Operations) 

Limited Inspection Service Bulletin ISB.53– 

202, Revision 3, dated December 10, 2008, 

and concurrently conduct a bonding 

inspection at each grommet location in 

accordance with paragraph 2.C. of BAE 

Systems (Operations) Limited Inspection 

Service Bulletin ISB.53–202, Revision 3, 

dated December 10, 2008. If unsatisfactory 

bonding is detected, before further flight, 

apply electro-conductive paste in accordance 

with Appendix 4 of BAE Systems 

(Operations) Limited Inspection Service 

Bulletin ISB.53–202, Revision 3, dated 

December 10, 2008. 

Note 1: Unsatisfactory bonding, as used in 

this AD, is defined as: intermittent, loss of, 

or failure of the bond/electrical connection. 

(ii) Do a temporary repair in accordance 

with Appendix 3 of the BAE Systems 

(Operations) Limited Inspection Service 

Bulletin ISB.53–202, Revision 3, dated 

December 10, 2008, or an approved BAE 

Systems (Operations) Limited temporary 

repair scheme. 

(3) For airplanes on which a temporary 

repair specified in paragraph (f)(2)(ii) of this 

AD has been done: Within 8,000 flight cycles 

after doing the temporary repair, replace any 

temporary repair grommets with new P/N 

SL5185 grommets in accordance with 

paragraph 2.C. of BAE Systems (Operations) 

Limited Inspection Service Bulletin ISB.53– 


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35774 Federal Register / Vol. 74, No. 138 / Tuesday, July 21, 2009 / Rules and Regulations 

202, Revision 3, dated December 10, 2008, 

and concurrently conduct a bonding 

inspection at each grommet location in 

accordance with paragraph 2.C. of BAE 

Systems (Operations) Limited Inspection 

Service Bulletin ISB.53–202, Revision 3, 

dated December 10, 2008. If unsatisfactory 

bonding is detected, before further flight, 

apply electro-conductive paste in accordance 

with Appendix 4 of BAE Systems 

(Operations) Limited Inspection Service 

Bulletin ISB.53–202, Revision 3, dated 

December 10, 2008. 

(4) For airplanes on which any new P/N 

SL5185 grommets have been installed 

without having a bonding inspection prior to 

the effective date of this AD: Before or during 

the next scheduled repetitive inspection in 

accordance with paragraph (f)(1) of this AD, 

conduct a bonding inspection in accordance 

with paragraph 2.C. of BAE Systems 

(Operations) Limited Inspection Service 

Bulletin ISB.53–202, Revision 3, dated 

December 10, 2008. If unsatisfactory bonding 

is detected, before further flight, apply 

electro-conductive paste in accordance with 

Appendix 4 of BAE Systems (Operations) 

Limited Inspection Service Bulletin ISB.53– 

202, Revision 3, dated December 10, 2008. 

(5) Replacing all existing grommets with 

new P/N SL5185 grommets on all panels, 

including the corresponding bonding 

inspections and the application of the 

electro-conductive paste as applicable, in 

accordance with BAE Systems (Operations) 

Limited Inspection Service Bulletin ISB.53– 

202, Revision 3, dated December 10, 2008, 

terminates the repetitive inspections required 

by paragraph (f)(1) of this AD. 

(6) Visual inspections, temporary repairs, 

and replacements of the grommets are also 

acceptable for compliance with the 

corresponding requirements of paragraphs 

(f)(1), (f)(2)(i), (f)(2)(ii), (f)(3), and (f)(5) of this 

AD if done before the effective date of this 

AD in accordance with BAE Systems 

(Operations) Limited Inspection Service 

Bulletin ISB.53–202, Revision 1, dated June 

4, 2008. 

(7) Visual inspections, temporary repairs, 

replacements of the grommets, bonding 

inspections, and applications of conductive 

paste are also acceptable for compliance with 

the corresponding requirements of 

paragraphs (f)(1), (f)(2)(i), (f)(2)(ii), (f)(3), 

(f)(4), and (f)(5) of this AD if done before the 

effective date of this AD in accordance with 

BAE Systems (Operations) Limited 

Inspection Service Bulletin ISB.53–202, 

Revision 2, dated October 24, 2008. 

(8) Bonding inspections and applications 

of conductive paste are also acceptable for 

compliance with the corresponding 

requirement of paragraphs (f)(2)(i), (f)(3), 

(f)(4), and (f)(5) of this AD if done before the 

effective date of this AD in accordance with 

BAE Systems (Operations) Limited All 

Operator Message 08–015V, Issue 1, dated 

August 22, 2008. 

FAA AD Differences 

Note 2: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(g) 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. 

(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 ensure 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, 

the Office of Management and Budget (OMB) 

has approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI European Aviation 

Safety Agency Airworthiness Directive 2008– 

0180, dated September 30, 2008; and BAE 

Systems (Operations) Limited Inspection 

Service Bulletin ISB.53–202, Revision 3, 

dated December 10, 2008; for related 

information. 

Material Incorporated by Reference 

(i) You must use BAE Systems (Operations) 

Limited Inspection Service Bulletin ISB.53– 

202, Revision 3, dated December 10, 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 Regional 

Aircraft, 13850 McLearen Road, Herndon, 

Virginia 20171; telephone 703–736–1080; 

e-mail raebusiness@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 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 July 2, 

2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–16932 Filed 7–20–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–1365; Directorate 

Identifier 2008–NM–076–AD; Amendment 

39–15970; AD 2009–15–07] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A319, A320, and A321 Series Airplanes 

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: 

In 2005 a lateral runway excursion 

occurred on an A320 aircraft. Such 

excursions are classified as hazardous, with 

a large reduction in safety margins. 

Investigation has shown that the aircraft 

landed with the nose wheels rotated nearly 

20 degrees from center. During subsequent 

tests on the removed BSCU [Braking and 

Steering Control Unit], a BSCU hardware 

failure was found, affecting the monitoring 

function, including the system 

reconfiguration management, and leading to 

a runaway of [the] Nose Wheel Steering 

[uncommanded steering]. 

* * * * * 

The unsafe condition is an 

uncommanded steering condition 

during takeoff or landing, which could 

result in departure of the airplane from 

the runway. We are issuing this AD to 

require actions to correct the unsafe 

condition on these products. 

DATES: This AD becomes effective 

August 25, 2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of August 25, 2009. 


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