[Federal Register: November 22, 2005 (Volume 70, Number 224)]
[Rules and Regulations]
[Page 70483-70485]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22no05-1]
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Rules and Regulations
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[[Page 70483]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-20729; Directorate Identifier 2002-NM-71-AD;
Amendment 39-14370; AD 2005-23-12]
RIN 2120-AA64
Airworthiness Directives; BAE Systems (Operations) Limited Model
BAe 146 and Model Avro 146-RJ Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is superseding an existing airworthiness directive
(AD), which applies to all BAE Systems (Operations) Limited Model BAe
146 and Model Avro 146-RJ airplanes. That AD currently requires
revising the Airworthiness Limitations Section (ALS) of the
Instructions for Continued Airworthiness to incorporate life limits for
certain items and inspections to detect fatigue cracking in certain
structures. This new AD requires revising the ALS of the Instructions
for Continued Airworthiness to incorporate new and more restrictive
life limits for certain items and new and more restrictive inspections
to detect fatigue cracking in certain structures. This new AD results
from issuance of a later revision to the airworthiness limitations of
the BAe/Avro 146 Aircraft Maintenance Manual, which specifies new
inspections and compliance times for inspection and replacement
actions. We are issuing this AD to ensure that fatigue cracking of
certain structural elements is detected and corrected; such fatigue
cracking could adversely affect the structural integrity of these
airplanes.
DATES: This AD becomes effective December 27, 2005.
ADDRESSES: You may examine the 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., Nassif Building,
Room PL-401, Washington, DC.
Contact British Aerospace Regional Aircraft American Support, 13850
Mclearen Road, Herndon, Virginia 20171, for service information
identified in this 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:
Examining the Docket
You may examine the airworthiness directive (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 of the Nassif
Building at the street address stated in the ADDRESSES section.
Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that supersedes AD 2000-26-07, amendment
39-12057 (66 FR 263, January 3, 2001). The existing AD applies to all
BAE Systems (Operations) Limited Model BAe 146 and Model Avro 146-RJ
airplanes. That NPRM was published in the Federal Register on March 30,
2005 (70 FR 16187). That NPRM proposed to require revising the
Airworthiness Limitations Section (ALS) of the Instructions for
Continued Airworthiness to incorporate new and more restrictive life
limits for certain items and new and more restrictive inspections to
detect fatigue cracking in certain structures.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments that have been
received on the NPRM.
Request To Extend the Compliance Time
One commenter states that the 30-day compliance time is not
sufficient for the amount of work involved in incorporating the
requirements of the NPRM. The commenter states that incorporating the
requirements involves a major revision to the inspection program.
We do not agree that the 30-day compliance time is not sufficient.
The new requirements of this AD simply involve revising the ALS. The
estimated time to revise the ALS is normally 1 hour per airplane.
Therefore, we have determined that a 30-day compliance time is adequate
for accomplishing the ALS revision. Additionally, the time to implement
the structural inspections and life limits specified in the revision of
the ALS could vary significantly between operators and we are not able
to predict what those variances may be. Continued operational safety
necessitates revising the ALS within the 30-day compliance because of
the severity of the unsafe condition. Therefore, we have determined
that it is unnecessary to revise the final rule in that regard.
However, a provision to allow an operator to request an approval for an
extension of the compliance time may be submitted in accordance with
paragraph (j) of this AD.
Request To Revise the Estimated ``Costs of Compliance''
The same commenter also requests that we revise the estimated
``Costs of Compliance'' in the NPRM. The commenter states that the
estimated cost of the NPRM has been greatly understated. The commenter
notes that the reasons specified in the previous paragraph to extend
the compliance time also contribute to a much higher cost to implement
the requirements of the NPRM. In fact, the commenter estimates that it
will cost $518,000 to accomplish the requirements of the NPRM for its
fleet of 12 airplanes.
We do not agree that the ``Costs of Compliance'' need to be
revised. The direct cost of implementing the revision of the ALS that
is required by this AD will take about 1 hour per airplane. However, we
recognize that this AD may impose certain operational costs, and that
maintaining airplanes in an
[[Page 70484]]
airworthy condition is vital, but sometimes expensive. ADs require
specific actions to address specific unsafe conditions and consequently
may appear to impose costs that would not otherwise be borne by
operators. However, because operators have a general obligation to
maintain their airplanes in an airworthy condition, this appearance is
deceptive. Attributing those costs solely to this AD is unrealistic
because, in the interest of maintaining safe airplanes, prudent
operators would accomplish these actions even if they were not required
by the AD. We find it unnecessary to revise the final rule in that
regard.
Request To Revise Format for Clarification
The same commenter requests that the NPRM be revised to simplify
the fact that the NPRM would supersede the requirements of AD 2000-26-
07. The commenter notes that the re-statement of AD 2000-26-07 in
paragraph (f) of the NPRM, along with the statement in paragraph (h) of
the NPRM that once the new and more restrictive inspections required by
paragraph (h) have been incorporated the requirements of paragraph (f)
are terminated, is redundant and distracts from the meaning and clear
understanding of the NPRM.
We do not agree that such ``simplification'' would clarify the
requirements of this AD. Repeating the requirements of the existing AD
merely provides for continuing the requirements of AD 2000-26-07 until
the new requirements of this AD are complied with. The requirements are
not ``redundant'' because, after the effective date of this AD (when AD
2000-26-27 will be superseded), airplanes subject to the airworthiness
limitations specified in that AD will continue to be subject to them
until the limitations are revised as required by this AD. Further, many
operators have requested that we explicitly provide wording to reflect
when the requirements of an AD are terminated, and we try to
accommodate this clarification when applicable. We find that it is
unnecessary to revise the final rule in that regard.
Request To Clearly Identify the New Inspections
The same commenter states that it would be less confusing if the
NPRM skipped all the references to the Airplane Maintenance Manual
(AMM) sections and revisions and just stated that the structural
inspections in the Maintenance Review Board (MRB) report 146-1, section
6, at ``X revision level'' had to be incorporated into the
Airworthiness Limitation Section (ALS).
We do not agree that the AD should reference complying with the AD
in accordance with the MRB report. Although the data specified in the
MRB report may be identical to the AMM, the data specified in the AMM
has been approved by the Civil Aviation Authority (CAA), which is the
airworthiness authority for the United Kingdom. No change is necessary
to this AD in that regard. However, if an operator wishes to request an
alternative method of compliance (AMOC), a provision has been specified
in paragraph (j) of this AD.
Request To Clarify Effectivity
The same commenter states that it is not clear if the NPRM is
addressing the structural inspections for airplanes that exceed the
limits under the life extension program (LEP). The commenter notes that
Section 05-10-01 of the AMM, which was specified in the NPRM as a
source of service information, identifies the Supplemental Structural
Inspection Document (SSID), Service Bulletin 05-002-20011A as the
document that specifies the structural inspections for airplanes on
which the LEP applies. However, the commenter states that the
inspection requirements for the SSID have not all been identified, and
as of April 28, 2005, Service Bulletin 05-002-20011A has not been
published.
We acknowledge that a new service bulletin has not been issued yet.
However, ANM 05-10-01 clearly specifies that it applies to airframe
airworthiness limitations before the life extension program, and that,
to provide effective corrosion control, the maintenance is required in
accordance with the Corrosion Prevention and Control Program. We find
that it is unnecessary to revise the final rule in this regard.
However, when additional service information becomes available, we may
consider further rulemaking.
Since the Issuance of the Proposed AD
After the issuance of the proposed AD, we received and reviewed a
later revision of AMM 05-10-01, dated July 15, 2005. AMM 05-10-01
references AMM 05-20-01 and AMM 05-10-00 as additional sources of
service information. AMM 05-10-01 has been approved and mandated by the
CAA of the United Kingdom. We have revised the AD to reflect this
latest issuance of Chapter 05-10-01.
Editorial Changes
We have revised paragraph (f) of this AD to state that the
Airworthiness Limitations Section (ALS) of the Instructions for
Continued Airworthiness must be revised in accordance with a method
approved by the Manager, International Branch, ANM-116, FAA, Transport
Airplane Directorate. We have also added that, one acceptable method of
revision is by incorporating Section 05-10-01, dated July 15, 2005, of
Chapter 5 of the BAe/Avro 146 Aircraft Maintenance Manual (AMM), into
the ALS.
We have added a new Note 1 to this action regarding operators
requesting Alternative Methods of Compliance (AMOCs) that provides
other guidance regarding airplanes that have been previously modified,
altered, or repaired in the areas addressed by the inspections of
certain structures. Additionally, we have revised paragraph (j) of this
action to clarify the appropriate procedure for notifying the principal
inspector before using any approved AMOC on any airplane to which the
AMOC applies.
Explanation of Change to Applicability
We have revised the applicability of the existing AD to identify
model designations as published in the most recent type certificate
data sheet for the affected models.
Conclusion
We have carefully reviewed the available data, including the
comments that have been received, and determined that air safety and
the public interest require adopting the AD with the changes described
previously. We have determined that these changes will neither increase
the economic burden on any operator nor increase the scope of the AD.
Costs of Compliance
This AD will affect about 59 airplanes of U.S. registry.
The actions that are required by AD 2000-26-07 and retained in this
AD take about 1 work hour per airplane, at an average labor rate of $65
per work hour. No parts are required. Based on these figures, the
estimated cost of the currently required actions is $65 per airplane.
The new required actions will take about 1 work hour per airplane,
at an average labor rate of $65 per work hour. No parts will be
required. Based on these figures, the estimated cost of the new actions
specified in this AD for U.S. operators is $3,835, or $65 per airplane.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue
[[Page 70485]]
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 have 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 that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866;
(2) Is not a ``significant rule'' under 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. 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.
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 removing amendment 39-12057 (66 FR
263, January 3, 2001) and adding the following new airworthiness
directive (AD):
2005-23-12 BAE Systems (Operations) Limited (Formerly British
Aerospace Regional Aircraft): Amendment 39-14370. Docket No. FAA-
2005-20729; Directorate Identifier 2002-NM-71-AD.
Effective Date
(a) This AD becomes effective December 27, 2005.
Affected ADs
(b) This AD supersedes AD 2000-26-07.
Applicability
(c) This AD applies to all 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.
Unsafe Condition
(d) This AD was prompted by issuance of a later revision to the
airworthiness limitations of the BAe/Avro 146 Aircraft Maintenance
Manual, which specifies new inspections and compliance times for
inspection and replacement actions. We are issuing this AD to ensure
that fatigue cracking of certain structural elements is detected and
corrected; such fatigue cracking could adversely affect the
structural integrity of these airplanes.
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.
Requirements of AD 2000-26-07:
Airworthiness Limitations Revision
(f) Within 30 days after February 7, 2001 (the effective date of
AD 2000-26-07), revise the Airworthiness Limitations Section (ALS)
of the Instructions for Continued Airworthiness in accordance with a
method approved by the Manager, International Branch, ANM-116, FAA,
Transport Airplane Directorate. One acceptable method of revision is
by incorporating Section 05-10-01, Revision 65, dated August 3,
1999, of Chapter 5 of the BAe/Avro 146 Aircraft Maintenance Manual
(AMM), into the ALS. That section references other sections of the
AMM. The applicable revision level of the referenced sections is
that in effect on the effective date of this AD.
(g) Except as specified in paragraph (j) of this AD: After the
actions specified in paragraph (f) of this AD have been
accomplished, no alternative inspections or inspection intervals may
be approved for the structural elements specified in the document
listed in paragraph (f) of this AD.
New Requirements of This AD
Note 1: This AD requires revisions to certain operator
maintenance documents to include new inspections. Compliance with
these inspections is required by 14 CFR 91.403(c). For airplanes
that have been previously modified, altered, or repaired in the
areas addressed by these inspections, the operator may not be able
to accomplish the inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance according
to paragraph (j) of this AD. The request should include a
description of changes to the required inspections that will ensure
the continued damage tolerance of the affected structure. The FAA
has provided guidance for this determination in Advisory Circular
(AC) 25-1529.
Later Revision for Airworthiness Limitations
(h) Within 30 days after the effective date of this AD, revise
the ALS of the Instructions for Continued Airworthiness to
incorporate new and more restrictive life limits for certain items
and new and more restrictive inspections to detect fatigue cracking
in certain structures, in accordance with a method approved by the
Manager, International Branch, ANM-116, Transport Airplane
Directorate, FAA; or the Civil Aviation Authority (or its delegated
agent). Section 05-10-01, dated July 15, 2005, of Chapter 5 of the
BAe/Avro 146 Aircraft Maintenance Manual is one approved method.
This section references other sections of the AMM. The applicable
revision level of the referenced sections is that in effect on the
effective date of this AD. Incorporating the new and more
restrictive life limits and inspections into the ALS terminates the
requirements of paragraphs (f) and (g) of this AD, and after
incorporation has been done, the limitations required by paragraph
(f) of this AD may be removed from the ALS.
(i) Except as specified in paragraph (j) of this AD: After the
actions specified in paragraph (h) of this AD have been
accomplished, no alternative inspections or inspection intervals may
be approved for the structural elements specified in the document
listed in paragraph (h) of this AD.
Alternative Methods of Compliance (AMOCs)
(j)(1) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested in accordance with the procedures found in 14
CFR 39.19.
(2) Before using any AMOC approved in accordance with Sec.
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the FAA Flight Standards
Certificate Holding District Office.
(3) AMOCs, approved previously in accordance with AD 2000-26-07,
are approved as AMOCs for the corresponding requirements of this AD.
Material Incorporated by Reference
(k) None.
Issued in Renton, Washington, on November 14, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-22970 Filed 11-21-05; 8:45 am]
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