[Federal Register Volume 74, Number 138 (Tuesday, July 21, 2009)]
[Rules and Regulations]
[Pages 35772-35774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16932]


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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.

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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 electro-conductive 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 work-hours 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

[[Page 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

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 FAA amends Sec.  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 electro-conductive 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-

[[Page 35774]]

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 <a href="/cdn-cgi/l/email-protection#51233034332422383f3422221133303422282225343c227f323e3c"><span class="__cf_email__" data-cfemail="770516121502041e1912040437151612040e0403121a045914181a">[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 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


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