[Federal Register: July 26, 2004 (Volume 69, Number 142)]
[Proposed Rules]
[Page 44474-44476]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26jy04-11]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
[[Page 44474]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2004-18678; Directorate Identifier 2001-NM-312-AD]
RIN 2120-AA64
Airworthiness Directives; All BAE Systems (Operations) Limited
Model BAe 146 and Avro 146-RJ Series Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all BAE Systems (Operations) Limited Model BAe 146 and Avro 146-RJ
series airplanes. This proposed AD would require repetitive detailed
inspections of the rear fuselage upper skin to detect cracking due to
fatigue, and repair if necessary. This proposed AD is prompted by
evidence of cracking due to fatigue along the edges of certain chemi-
etched pockets in the rear fuselage upper skin. We are proposing this
AD to prevent a possible sudden loss of cabin pressure and consequent
injury to passengers and flightcrew.
DATES: We must receive comments on this proposed AD by August 25, 2004.
ADDRESSES: Use one of the following addresses to submit comments on
this proposed AD.
DOT Docket Web site: Go to http://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to http://www.regulations.gov
and follow the instructions for sending your
comments electronically.
Mail: Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, room PL-401,
Washington, DC 20590.
By fax: (202) 493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this proposed AD, contact
British Aerospace Regional Aircraft American Support, 13850 Mclearen
Road, Herndon, Virginia 20171.
You can examine the contents of this AD docket on the Internet at
http://dms.dot.gov, or at the Docket Management Facility, U.S.
Department of Transportation, 400 Seventh Street, SW., room PL-401, on
the plaza level of the Nassif Building, Washington, DC.
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:
Docket Management System (DMS)
The FAA has implemented new procedures for maintaining AD dockets
electronically. As of May 17, 2004, new AD actions are posted on DMS
and assigned a docket number. We track each action and assign a
corresponding directorate identifier. The DMS AD docket number is in
the form ``Docket No. FAA-2004-99999.'' The Transport Airplane
Directorate identifier is in the form ``Directorate Identifier 2004-NM-
999-AD.'' Each DMS AD docket also lists the directorate identifier
(``Old Docket Number'') as a cross-reference for searching purposes.
Comments Invited
We invite you to submit any written relevant data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2004-18678;
Directorate Identifier 2001-NM-312-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the proposed AD. We will
consider all comments submitted by the closing date and may amend the
proposed AD in light of those comments.
We will post all comments we receive, without change, to http://dms.dot.gov
, including any personal information you provide. We will
also post a report summarizing each substantive verbal contact with FAA
personnel concerning this proposed AD. Using the search function of our
docket Web site, anyone can find and read the comments in any of our
dockets, including the name of the individual who sent the comment (or
signed the comment on behalf of an association, business, labor union,
etc.). You can review the DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78), or you
may visit http://dms.dot.gov.
We are reviewing the writing style we currently use in regulatory
documents. We are interested in your comments on whether the style of
this document is clear, and your suggestions to improve the clarity of
our communications that affect you. You can get more information about
plain language at http://www.faa.gov/language and http://www.plainlanguage.gov.Examining
the Docket
You can examine the AD docket in person at the Docket Management
Facility office between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Docket Management Facility office
(telephone (800) 647-5227) is located on the plaza level of the Nassif
Building at the DOT street address stated in the ADDRESSES section.
Comments will be available in the AD docket shortly after the DMS
receives them.
Discussion
The Civil Aviation Authority (CAA), which is the airworthiness
authority for the United Kingdom, notified us that an unsafe condition
may exist on all BAE Systems (Operations) Limited Model BAe 146 and
Avro 146-RJ series airplanes. The CAA advises that operators have
reported evidence of cracking due to fatigue along the edges of the
chemi-etched pockets in the rear fuselage upper skin adjacent to the
lap joint at stringer 2 between frames 34 and 35, and adjacent to the
lap joint at stringer 10 between frames 38 and 37. This condition, if
not corrected, could result in joining of those cracks and lead to
possible sudden loss of cabin pressure with consequent injury to
passengers and flightcrew.
[[Page 44475]]
Relevant Service Information
BAE Systems (Operations) Limited has issued Inspection Service
Bulletin ISB.53-164, dated July 10, 2001. The ISB describes procedures
for repetitive detailed inspections to detect cracking of certain upper
skin panels of the rear fuselage, and repair if necessary.
Accomplishing the actions specified in the service information is
intended to adequately address the unsafe condition. The CAA approved
the service information.
FAA's Determination and Requirements of the Proposed AD
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. We have examined the CAA's
findings, evaluated all pertinent information, and determined that AD
action is necessary for products of this type design that are
certificated for operation in the United States.
Therefore, we are proposing this AD, which would require repetitive
detailed inspections of the rear fuselage upper skin to detect cracking
due to fatigue, and related corrective actions if necessary. The
proposed AD would require you to use the service information described
previously to perform these actions, except as discussed under
``Differences Between the Proposed AD and Referenced Service
Bulletin.''
Difference Between Proposed Rule and Referenced Service Bulletin
Operators should note that, although the referenced service
bulletin describes procedures for submitting Appendix 1 of the service
bulletin with inspection results to the manufacturer, this proposed AD
would not require that action. We do not need this information from
operators.
The service bulletin specifies that you may contact the
manufacturer for instructions on how to repair certain conditions, but
this proposed AD would require you to repair those conditions using a
method that we or the CAA (or its delegated agent) approve. 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 we
or the CAA approve would be acceptable for compliance with this
proposed AD.
Cost Impact
This proposed AD would affect about 55 airplanes of U.S. registry.
The proposed actions would take about 4 work hours per airplane, at an
average labor rate of $65 per work hour. Based on these figures, the
estimated cost of the proposed AD for U.S. operators is $14,300, or
$260 per airplane, per inspection cycle.
Regulatory Findings
We have determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD 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.
For the reasons discussed above, I certify that the 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. 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 proposed AD. 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, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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. The FAA amends Sec. 39.13 by adding the following new
airworthiness directive (AD):
BAE Systems (Operations) Limited (Formerly British Aerospace
Regional Aircraft): Docket No. FAA-2004-18678; Directorate
Identifier 2001-NM-312-AD.
Comments Due Date
(a) The Federal Aviation Administration must receive comments on
this AD action by August 25, 2004.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all BAE Systems (Operations) Limited
Model BAe 146 and Avro 146-RJ series airplanes, certificated in any
category.
Unsafe Condition
(d) This AD was prompted by evidence of cracking due to fatigue
along the edges of certain chemi-etched pockets in the rear fuselage
upper skin. We are issuing this AD to prevent a possible sudden loss
of cabin pressure and consequent injury to passengers and
flightcrew.
Compliance
(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Inspection and Repair
(f) Within the applicable compliance times specified in
paragraph (f)(1) or (f)(2) of this AD, perform a detailed inspection
of the rear fuselage upper skin to detect cracking, in accordance
with the Accomplishment Instructions of BAE Systems (Operations)
Limited Inspection Service Bulletin ISB.53-164, dated July 10, 2001.
Note 1: For the purposes of this AD, a detailed inspection is:
``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.''
(1) For Model Avro 146-RJ series airplanes: Inspect before the
accumulation of 10,000 total landings, or within 2,000 landings
after the effective date of this AD, whichever is later.
(i) For areas where no crack is found, repeat the inspection at
intervals not to exceed 4,000 landings.
(ii) For areas where any crack is found, before further flight,
perform repairs in accordance with a method approved by the Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA;
or the Civil Aviation Authority (CAA) (or its delegated agent). No
further inspection of any repaired area is required by this AD.
(2) For Model BAe 146 series airplanes: Inspect before the
accumulation of 16,000 total landings, or within 4,000 landings
after the effective date of this AD, whichever is later.
(i) For areas where no crack is found, repeat the inspection at
intervals not to exceed 8,000 landings.
(ii) For areas where any crack is found, before further flight,
perform repairs in
[[Page 44476]]
accordance with a method approved by the Manager, International
Branch, ANM-116; or the CAA (or its delegated agent). No further
inspection of any repaired area is required by this AD.
No Reporting Requirement
(g) Although the referenced service bulletin specifies to submit
Appendix 1 of the service bulletin with certain information to the
manufacturer, this AD does not require that action.
Alternative Methods of Compliance (AMOCs)
(h) The Manager, ANM-116, FAA, has the authority to approve
AMOCs for this AD, if requested in accordance with the procedures
found in 14 CFR 39.19.
Related Information
(i) None.
Issued in Renton, Washington, on July 19, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-16917 Filed 7-23-04; 8:45 am]
BILLING CODE 4910-13-P