[Federal Register: December 16, 2004 (Volume 69, Number 241)]
[Proposed Rules]
[Page 75275-75277]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16de04-16]
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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; BAE Systems (Operations) Limited Model
BAe 146 and Avro 146-RJ Series Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.
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SUMMARY: The FAA is revising an earlier NPRM for an airworthiness
directive (AD) that applies to all BAE Systems (Operations) Limited
Model BAe 146 and Avro 146-RJ series airplanes. The original NPRM would
have required repetitive detailed inspections of the rear fuselage
upper skin to detect cracking due to fatigue, and repair if necessary.
The original NPRM was prompted by evidence of cracking due to fatigue
along the edges of certain chemi-etched pockets in the rear fuselage
upper skin. This new action revises the area of inspection specified in
the original NPRM. We are proposing this supplemental NPRM to prevent a
possible sudden loss of cabin pressure and consequent injury to
passengers and flightcrew.
DATES: We must receive comments on this supplemental NPRM by January
10, 2005.
[[Page 75276]]
ADDRESSES: Use one of the following addresses to submit comments on
this supplemental NPRM.
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.
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 in person 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. This docket
number is FAA-2004-18678; the directorate identifier for this docket is
2001-NM-312-AD.
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
We invite you to submit any relevant written data, views, or
arguments regarding this supplemental NPRM. Send your comments to an
address listed under ADDRESSES. Include ``Docket No. 2000-FAA-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 this supplemental NPRM.
We will consider all comments received by the closing date and may
amend this supplemental NPRM in light of those comments.
We will post all comments submitted, 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 supplemental NPRM. 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 can visit http://dms.dot.gov.
Examining the Docket
You can examine the AD docket on the Internet at http://dms.dot.gov
, or 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 in the Nassif Building at the DOT
street address stated in ADDRESSES. Comments will be available in the
AD docket shortly after the DMS receives them.
Discussion
We proposed to amend 14 CFR part 39 with a notice of proposed
rulemaking (NPRM) for an airworthiness directive (AD) (the ``original
NPRM''). The original NPRM applies to all BAE Systems (Operations)
Limited Model BAe 146 and Avro 146-RJ series airplanes. The original
NPRM was published in the Federal Register on July 26, 2004 (69 FR
44474). The original NPRM proposed to require repetitive detailed
inspections of the rear fuselage upper skin to detect cracking due to
fatigue, and repair if necessary.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments that have been
submitted on the original NPRM.
Request To Clarify Inspection Area
The commenter notes a discrepancy between the original NPRM and the
source of service information for the inspection (Inspection Service
Bulletin ISB.53-164). The original NPRM specifies inspecting the rear
fuselage skin, and the service bulletin specifies inspecting the center
and rear fuselage skin. The commenter requests that we clarify the area
to be inspected.
The commenter notes another potential conflict between the original
NPRM and the service bulletin. While paragraph (f) the original NPRM
specifies inspecting ``the rear fuselage upper skin,'' the service
bulletin specifies inspecting ``all the lap joints (stringers 2, 10,
19, and 30).'' The commenter requests that we define the term ``upper
skin''--specifically, the lap joints of the upper skin that must be
inspected.
We agree that clarification is necessary. The original NPRM
specifies inspecting only the rear fuselage skin; reference to the
center fuselage skin was inadvertently omitted from this proposed
requirement. We have revised paragraph (f) in this supplemental NPRM to
require inspection of the center and rear fuselage skin including all
the lap joints at stringers 2, 10, 19, and 30.
Request To Revise Repetitive Interval
The commenter requests that we revise the repetitive inspection
interval in paragraph (f)(1)(i) of the original NPRM for Model Avro
146-RJ series airplanes. The commenter requests that the proposed
interval be extended from 4,000 to 6,000 landings. The commenter
asserts that a 6,000-landing interval would better accommodate
maintenance schedules.
We do not agree with the request. We have determined that a 4,000-
landing interval represents the maximum interval of time allowable for
the affected airplanes to continue to safely operate between
inspections. We have not changed this supplemental NPRM regarding this
issue.
FAA's Determination and Proposed Requirements of the Supplemental NPRM
Certain changes discussed above expand the scope of the original
NPRM; therefore, we have determined that it is necessary to reopen the
comment period to provide additional opportunity for public comment on
this supplemental NPRM.
Costs of Compliance
This supplemental NPRM 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 supplemental NPRM for U.S. operators
is $14,300, or $260 per airplane, per inspection cycle.
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.
[[Page 75277]]
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 have determined that this supplemental NPRM would not have
federalism implications under Executive Order 13132. This supplemental
NPRM 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 supplemental NPRM. 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 January 10, 2005.
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
to detect cracking of the center and rear fuselage skin, including
all the lap joints at stringers 2, 10, 19, and 30, 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 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.
Issued in Renton, Washington, on December 6, 2004.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-27511 Filed 12-15-04; 8:45 am]
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