[Federal Register: November 13, 2003 (Volume 68, Number 219)]
[Proposed Rules]
[Page 64288-64290]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13no03-8]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2002-NM-144-AD]
RIN 2120-AA64
Airworthiness Directives; BAE Systems (Operations) Limited Model
BAe 146 and Avro 146-RJ Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes the adoption of a new airworthiness
directive (AD) that is applicable to certain BAE Systems (Operations)
Limited Model BAe 146 and Avro 146-RJ series airplanes. This proposal
would require one-time inspections of the inner webs and flanges at
frames 15, 18, 41, and 43 for evidence of corrosion or cracking, and
corrective actions if necessary. This action is necessary to detect and
correct corrosion and cracking of the inner webs and flanges at frames
15, 18, 41, and 43, which could result in reduced structural integrity
of the airplane. This action is intended to address the identified
unsafe condition.
DATES: Comments must be received by December 15, 2003.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2002-NM-144-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. Comments may be submitted via fax to (425) 227-1232.
Comments may also be sent via the Internet using the following address: 9-anm-nprmcomment@faa.gov. Comments sent via fax or the Internet must
contain ``Docket No. 2002-NM-144-AD'' in the subject line and need not
be submitted in triplicate. Comments sent via the Internet as attached
electronic files must be formatted in Microsoft Word 97 or 2000 or
ASCII text.
The service information referenced in the proposed rule may be
obtained from British Aerospace Regional Aircraft American Support,
13850 Mclearen Road, Herndon, Virginia 20171. This information may be
examined at the FAA, Transport Airplane Directorate, 1601 Lind Avenue,
SW., Renton, Washington.
FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-1175; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the making of the
proposed rule by submitting such written data, views, or arguments as
they may desire. Communications shall identify the Rules Docket number
and be submitted in triplicate to the address specified above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this action may be changed in
light of the comments received.
Submit comments using the following format:
[sbull] Organize comments issue-by-issue. For example, discuss a
request to change the compliance time and a request to change the
service bulletin reference as two separate issues.
[sbull] For each issue, state what specific change to the proposed
AD is being requested.
[sbull] Include justification (e.g., reasons or data) for each
request.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed rule. All
comments submitted will be available, both before and after the closing
date for comments, in the Rules Docket for examination by interested
persons. A report summarizing each FAA-public contact concerned with
the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this action must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 2002-NM-144 AD.'' The postcard will be date stamped
and returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules
Docket No. 2002-NM-144-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
[[Page 64289]]
Discussion
The Civil Aviation Authority (CAA), which is the airworthiness
authority for the United Kingdom, notified the FAA that an unsafe
condition may exist on certain BAE Systems (Operations) Limited Model
BAe 146 and Avro 146-RJ series airplanes. The CAA advises that cracking
has been discovered at the inner webs and flanges at frame 18.
Investigation revealed that the cracking is caused by ingress of
moisture leading to corrosion, followed by subsequent cracking. Such
cracking, if not corrected, could result in reduced structural
integrity of the airplane.
Explanation of Relevant Service Information
BAE Systems (Operations) Limited has issued Service Bulletin
ISB.53-165, dated December 11, 2001, which describes procedures for
detailed visual inspections of frames 15, 18, 41, and 43 for evidence
of corrosion or cracking. If corrosion or cracking is found, the
corrective actions include blending to limits specified in the service
bulletin and reprotecting all base metals. If corrosion or cracking
exceeds the acceptable limits specified in the service bulletin,
operators are instructed to contact the manufacturer. Accomplishment of
the actions specified in the service bulletin is intended to adequately
address the identified unsafe condition. The CAA classified this
service bulletin as mandatory and issued British airworthiness
directive 004-12-2001 to ensure the continued airworthiness of these
airplanes in the United Kingdom.
FAA's Conclusions
These airplane models are manufactured in the United Kingdom and
are type certificated for operation in the United States under the
provisions of section 21.29 of the Federal Aviation Regulations (14 CFR
21.29) and the applicable bilateral airworthiness agreement. Pursuant
to this bilateral airworthiness agreement, the CAA has kept the FAA
informed of the situation described above. The FAA has examined the
findings of the CAA, reviewed all available information, and determined
that AD action is necessary for products of this type design that are
certificated for operation in the United States.
Explanation of Requirements of Proposed AD
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design registered
in the United States, the proposed AD would require accomplishment of
the actions specified in the service bulletin described previously,
except as discussed below.
Differences Between Proposed AD and Service Bulletin
Although the service bulletin specifies that operators may contact
the manufacturer for disposition of certain repair conditions, this
proposed AD would require operators to repair those conditions per a
method approved by the FAA or CAA (or its delegated agent). In light of
the type of repair that would be required to address the unsafe
condition, and consistent with existing bilateral airworthiness
agreements, we have determined that, for this proposed AD, a repair
approved by either the FAA or the CAA (or its delegated agent) would be
acceptable for compliance with this proposed AD.
The service bulletin specifies to submit information to the
manufacturer; however, this proposed AD does not include such a
requirement.
The service bulletin also specifies compliance time in terms of
``years of age'' and ``time period from first flight'' of the airplane;
relative to the effective date of the service bulletin. Paragraph (b)
of this proposed AD specifies the inspection thresholds in terms of
years after the date of issuance of the original Airworthiness
Certificate or the date of issuance of the Export Certificate of
Airworthiness, whichever is earlier; and relative to the effective date
of the proposed AD. This decision is based on our determination that
``years of age'' and ``time period from first flight'' may be
interpreted differently by different operators. We find that our
proposed terminology is generally understood within the industry, and
records will always exist that establish these dates with certainty.
Cost Impact
The FAA estimates that 55 airplanes of U.S. registry would be
affected by this proposed AD, that it would take approximately 10 work
hours per airplane to accomplish the proposed inspections, and that the
average labor rate is $65 per work hour. Based on these figures, the
cost impact of the proposed AD on U.S. operators is estimated to be
$35,750, or $650 per airplane.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the proposed requirements of
this AD action, and that no operator would accomplish those actions in
the future if this AD were not adopted. The cost impact figures
discussed in AD rulemaking actions represent only the time necessary to
perform the specific actions actually required by the AD. These figures
typically do not include incidental costs, such as the time required to
gain access and close up, planning time, or time necessitated by other
administrative actions.
Regulatory Impact
The regulations proposed herein would 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. Therefore, it
is determined that this proposal would not have federalism implications
under Executive Order 13132.
For the reasons discussed above, I certify that this proposed
regulation (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) if promulgated, 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. A copy of the draft
regulatory evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting the Rules
Docket at the location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
part 39 of the Federal Aviation Regulations (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.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
BAE Systems (Operations) Limited (Formerly British Aerospace
Regional Aircraft): Docket 2002-NM-144-AD.
Applicability: Model BAE 146 and Avro 146-RJ series airplanes,
certificated in any category; except those airplanes on which either
BAe Modification HCM30514A or HCM30514C, and either HCM30514B or
HCM30514D, have been accomplished.
[[Page 64290]]
Compliance: Required as indicated, unless accomplished
previously.
To detect and correct corrosion and cracking of the inner webs
and flanges at frames 15, 18, 41, and 43, which could result in
reduced structural integrity of the airplane, accomplish the
following:
Inspection
(a) Except as provided by paragraph (c) of this AD: Do a
detailed inspection of frames 15, 18, 41, and 43 (including any
applicable repair) by accomplishing all actions specified in the
Accomplishment Instructions of BAE Systems (Operations) Limited
Service Bulletin ISB.53-165, dated December 11, 2001. Do the
inspection at the applicable time specified in paragraph (b) of this
AD.
Note 1: For the purposes of this AD, a detailed inspection is
defined as: ``An intensive visual examination of a specific
structural area, system, installation, or assembly to detect damage,
failure, or irregularity. Available lighting is normally
supplemented with a direct source of good lighting at intensity
deemed appropriate by the inspector. Inspection aids such as mirror,
magnifying lenses, etc., may be used. Surface cleaning and elaborate
access procedures may be required.''
Compliance Times
(b) Do the inspection required by paragraph (a) of this AD at
the applicable time specified in paragraph D., ``Compliance,'' of
the service bulletin, except where the service bulletin specifies
``time period from first flight'' or ``years of age,'' this AD
establishes the thresholds in terms of years after the date of
issuance of the original Airworthiness Certificate or the date of
issuance of the Export Certificate of Airworthiness, whichever is
earlier. Where the service bulletin specifies compliance times
relative to the date of the service bulletin, this AD requires
compliance times relative to the effective date of this AD.
Corrective Actions
(c) If any discrepancy is found during any inspection required
by paragraph (a) of this AD, before further flight, accomplish the
applicable repair in accordance with the Accomplishment Instructions
of BAE Systems (Operations) Limited Service Bulletin ISB.53-165,
dated December 11, 2001. If the service bulletin specifies to
contact the manufacturer for appropriate action, before further
flight, repair per a method approved by the Manager, International
Branch, ANM-116, FAA, Transport Airplane Directorate; or the Civil
Aviation Authority (or its delegated agent).
Submission of Inspection Results Not Required
(d) Although the service bulletin referenced in this AD
specifies to submit information to the manufacturer, this AD does
not include such a requirement.
Alternative Methods of Compliance
(e) In accordance with 14 CFR 39.19, the Manager, International
Branch, ANM-116, FAA, is authorized to approve alternative methods
of compliance for this AD.
Note 2: The subject of this AD is addressed in British
airworthiness directive 004-12-2001.
Issued in Renton, Washington, on November 6, 2003.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 03-28401 Filed 11-12-03; 8:45 am]
BILLING CODE 4910-13-P