37528 Federal Register / Vol. 74, No. 144 / Wednesday, July 29, 2009 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0432; Directorate 

Identifier 2008–NM–168–AD; Amendment 

39–15982; AD 2009–15–19] 

RIN 2120–AA64 

Airworthiness Directives; BAE 

Systems (Operations) Limited Model 

BAe 146–100A and 146–200A 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: 

BAE Systems (Operations) Ltd has 

determined that in order to assure the 

continued structural integrity of the 

horizontal stabilizer lower skin and joint 

plates in the rib 1 area of certain BAe 146 

aircraft, a revised inspection programme for 

this area is considered necessary. The 

disbonding of joints can lead to corrosion 

which, if undetected, could result in 

degradation of the structural integrity of the 

horizontal stabilizer. 

* * * * * 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective 

September 2, 2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of September 2, 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 May 7, 2009 (74 FR 21281). 

That NPRM proposed to correct an 

unsafe condition for the specified 

products. The MCAI states: 

BAE Systems (Operations) Ltd has 

determined that in order to assure the 

continued structural integrity of the 

horizontal stabilizer lower skin and joint 

plates in the rib 1 area of certain BAe 146 

aircraft, a revised inspection programme for 

this area is considered necessary. The 

disbonding of joints can lead to corrosion, 

which, if undetected, could result in 

degradation of the structural integrity of the 

horizontal stabilizer. 

For the reasons described above, this EASA 

AD requires the implementation of repetitive 

inspections and corrective actions, 

depending on findings. It also provides an 

approved repair as optional terminating 

action for the repetitive inspections. 

The repetitive inspections for damage of 

the left and right side of the horizontal 

stabilizer lower skin and joint plates 

include a detailed visual inspection for 

damage (including distortion, loose or 

distorted fasteners, and corrosion) of the 

horizontal stabilizer lower skin, a 

borescopic inspection for damage 

(including staining, debris around the 

stringer and joint plate edges, cracked or 

broken stringers, and distortion or 

corrosion in rivet holes) of the internal 

structure of the horizontal stabilizer, 

and a low frequency eddy current 

inspection for damage (including 

corrosion) of the horizontal stabilizer 

lower skin. For airplanes on which no 

damage is found, the required actions 

include drilling and reaming four holes 

and doing a detailed visual inspection 

of the holes for distortion and corrosion. 

Corrective actions include installing 

rivets, and contacting BAE Systems 

(Operations) Limited for repair 

instructions and doing the repair. Doing 

a repair of the horizontal stabilizer 

(which consists of partially replacing 

the lower skin from the center line to 

inboard of rib 3) ends the repetitive 

inspections. 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 

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 5 

products of U.S. registry. We also 

estimate that it will take about 9 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 

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

be $3,600, or $720 per product. 

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. 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 74, No. 144 / Wednesday, July 29, 2009 / Rules and Regulations 37529 

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: 

2008–15–19 BAE Systems (Operations) 

Limited (Formerly British Aerospace 

Regional Aircraft): Amendment 39– 

15982. Docket No. FAA–2009–0432; 

Directorate Identifier 2008–NM–168–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective September 2, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to BAE Systems 

(Operations) Limited Model BAe 146–100A 

and 146–200A series airplanes, certificated in 

any category, as identified in BAE Systems 

(Operations) Limited Inspection Service 

Bulletin ISB.55–020, dated December 11, 

2007. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 55: Stabilizers. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

BAE Systems (Operations) Ltd has 

determined that in order to assure the 

continued structural integrity of the 

horizontal stabilizer lower skin and joint 

plates in the rib 1 area of certain BAe 146 

aircraft, a revised inspection programme for 

this area is considered necessary. The 

disbonding of joints can lead to corrosion, 

which, if undetected, could result in 

degradation of the structural integrity of the 

horizontal stabilizer. 

For the reasons described above, this EASA 

AD requires the implementation of repetitive 

inspections and corrective actions, 

depending on findings. It also provides an 

approved repair as optional terminating 

action for the repetitive inspections. 

The repetitive inspections for damage of the 

left and right side of the horizontal stabilizer 

lower skin and joint plates include a detailed 

visual inspection for damage (including 

distortion, loose or distorted fasteners, and 

corrosion) of the horizontal stabilizer lower 

skin, a borescopic inspection for damage 

(including staining, debris around the 

stringer and joint plate edges, cracked or 

broken stringers, and distortion or corrosion 

in rivet holes) of the internal structure of the 

horizontal stabilizer, and a low frequency 

eddy current inspection for damage 

(including corrosion) of the horizontal 

stabilizer lower skin. For airplanes on which 

no damage is found, the required actions 

include drilling and reaming four holes and 

doing a detailed visual inspection of the 

holes for distortion and corrosion. Corrective 

actions include installing rivets, and 

contacting BAE Systems (Operations) 

Limited for repair instructions and doing the 

repair. Doing a repair of the horizontal 

stabilizer (which consists of partially 

replacing the lower skin from the center line 

to inboard of rib 3) ends the repetitive 

inspections. 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) Within 6 months after the effective date 

of this AD, inspect for damage of the 

horizontal stabilizer lower skin and joint 

plates, in accordance with paragraphs 2.C.(1) 

through 2.C.(3) of BAE Systems (Operations) 

Limited Inspection Service Bulletin ISB.55– 

020, dated December 11, 2007 (the ‘‘service 

bulletin’’); and, if no damage is found, drill 

and ream four holes in accordance with 

paragraph 2.C.(4)(a) of the service bulletin, 

and do a detailed visual inspection of the 

holes for distortion and corrosion, in 

accordance with paragraph 2.C.(4)(b) of the 

service bulletin. 

(i) If any distortion or corrosion is found 

in any rivet hole, before further flight, contact 

BAE Systems (Operations) Limited for 

approved repair instructions and do the 

repair prior to the fitment of the rivets. 

(ii) If no distortion and no corrosion is 

found, before further flight, install the four 

rivets in accordance with paragraph 2.C.(4)(c) 

of the service bulletin. 

(2) Repeat the inspection for damage of the 

horizontal stabilizer lower skin and joint 

plates required by paragraph (f)(1) of this AD 

thereafter at intervals not to exceed 24 

months. 

(3) If damage is found during any 

inspection required by paragraph (f)(1) or 

(f)(2) of this AD, before further flight, contact 

BAE Systems (Operations) Limited in 

accordance with paragraph 2.C.(5) of the 

service bulletin, and accomplish an approved 

repair in accordance with paragraph 2.C.(6) 

of the service bulletin. 

(4) Doing the repair of the horizontal 

stabilizer in accordance with BAE Systems 

(Operations) Limited Repair Instruction 

Leaflet (RIL) HC551H9061, Issue 3, dated 

January 31, 2008, on the left and right sides 

of the horizontal stabilizer, terminates the 

repetitive inspections required by paragraph 

(f)(2) of this AD. 

(5) Actions accomplished before the 

effective date of this AD according to BAE 

Systems (Operations) Limited RIL 

HC551H9061, Issue 2, dated November 16, 

2007, are considered acceptable for 

compliance with the corresponding action 

specified in this AD. 

FAA AD Differences 

Note 1: 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 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, 

the Office of Management and Budget (OMB) 

has approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 


sroberts on DSKD5P82C1PROD with RULES
37530 Federal Register / Vol. 74, No. 144 / Wednesday, July 29, 2009 / Rules and Regulations 

Related Information 

(h) Refer to MCAI European Aviation 

Safety Agency (EASA) Airworthiness 

Directive 2008–0167, dated September 2, 

2008; BAE Systems (Operations) Limited 

Inspection Service Bulletin ISB.55–020, 

dated December 11, 2007; and BAE Systems 

(Operations) Limited Repair Instruction 

Leaflet HC551H9061, Issue 3, dated January 

31, 2008; for related information. 

Material Incorporated by Reference 

(i) You must use BAE Systems (Operations) 

Limited Inspection Service Bulletin ISB.55– 

020, dated December 11, 2007, to do the 

actions required by this AD, unless the AD 

specifies otherwise. If you do the repair 

option provided in paragraph (f)(4) of this 

AD, you must use BAE Systems (Operations) 

Limited Repair Instruction Leaflet 

HC551H9061, Issue 3, dated January 31, 

2008, unless the AD specifies otherwise. (The 

issue date, January 31, 2008, of BAE Systems 

(Operations) Limited Repair Instruction 

Leaflet HC551H9061, Issue 3, is specified 

only on the first page of the document.) 

(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; email 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 13, 

2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–17542 Filed 7–28–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 902 

50 CFR Part 697 

[Docket No. 070717357–91069–03] 

RIN 0648–AV77 

Atlantic Coastal Fisheries Cooperative 

Management Act Provisions; American 

Lobster Fishery 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS announces new 

Federal American lobster (Homarus 

americanus) regulations which 

implement a mandatory Federal lobster 

dealer electronic reporting requirement, 

changes to the maximum carapace 

length regulations for several lobster 

conservation management areas 

(LCMAs/Areas), and a modification of 

the v-notch definition for protection of 

egg-bearing female American lobsters in 

certain LCMAs. 

DATES: Effective Date: This final rule is 

effective August 28, 2009. 

Applicability dates: The revised 

broodstock protection measures 

(maximum carapace length and v-notch 

definition) set forth in this final rule in 

§ 697.20(b)(3) through § 697.20(b)(6) and 

§ 697.20(g)(3) and (4) for Areas 2, 3, 4, 

5 and 6 are applicable August 28, 2009. 

Broodstock protection measures 

relevant to the Outer Cape Area are 

applicable July 1, 2010 as set forth in 

§ 697.20(b)(7) and (8) and § 697.20(g)(7) 

and (8). The weekly trip-level Federal 

lobster dealer electronic reporting 

requirements are applicable for all 

Federal lobster dealers beginning 

January 1, 2010 as set forth in § 697.6 

paragraphs (n) through (s). 

ADDRESSES: Copies of the American 

Lobster Environmental Assessment/ 

Regulatory Impact Review/Final 

Regulatory Flexibility Analysis (EA/ 

RIR/FRFA) prepared for this regulatory 

action are available upon written 

request to Harold C. Mears, Director, 

State, Federal and constituent Programs 

Office, NMFS, 55 Great Republic Drive, 

Gloucester, MA 01930, telephone (978) 

281–9327. The documents are also 

available online at http:// 

www.nero.noaa.gov. 

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements contained in this final rule 

may be submitted to the mailing address 

listed above and by e-mail to 

DavidlRostker@omb.eop.gov or fax to 

(202) 395–7285. 

FOR FURTHER INFORMATION CONTACT: 

Peter Burns, Fishery Management 

Specialist, telephone (978) 281–9144, 

fax (978) 281–9117. 

SUPPLEMENTARY INFORMATION: This 

action responds to the recommendations 

for Federal action in the Atlantic States 

Marine Fisheries Commission’s 

(Commission) Interstate Fishery 

Management Plan for American Lobster 

(ISFMP). The mandatory Federal lobster 

dealer reporting requirement is 

consistent with the recommendations 

for Federal action by the Commission in 

Addendum X to Amendment 3 of the 

ISFMP and allows for a more 

comprehensive and consistent 

coastwide accounting of lobster harvest 

data to facilitate stock assessment and 

fishery management. Accordingly, 

effective January 1, 2010, this final rule 

requires all Federal lobster dealers to 

provide trip-level electronic reports on 

a weekly basis. Under the preferred 

alternative in the proposed rule for this 

action (70 FR 58099), the dealer 

reporting requirements would have been 

effective thirty days after publication of 

this final rule. However, in 

consideration of the public comments 

received on the reporting requirements, 

NMFS has deferred the effective date for 

electronic reporting for affected lobster 

dealers until January 1, 2010, to provide 

dealers with several additional months 

to adjust their business practices and 

comply with these new requirements. 

In addition to expanded dealer 

reporting requirements, this action 

revises existing Federal lobster 

regulations and implements new 

requirements to support the 

Commission’s ISFMP by adopting vnotching and maximum carapace length 

measures (together referred to as 

broodstock protection measures) in 

Areas 2, 3, 4, 5 and 6 (see 50 CFR 

§ 697.18 for descriptions and locations 

of all LCMAs). These measures are, for 

the most part, identical to those already 

enforced by the states. These Federal 

broodstock protection measures 

complement the Commission’s ISFMP 

objectives and state regulations, thereby 

reducing confusion and facilitating 

enforcement and resource assessment 

within and across lobster stock and 

management areas. 

Specifically, for Areas 2, 4, 5 and 6, 

this rule implements a maximum 

carapace size restriction for both male 

and female American lobster at 5 1/4 

inches (13.34 cm) and a maximum size 


sroberts on DSKD5P82C1PROD with RULES