[Federal Register: January 9, 2007 (Volume 72, Number 5)]
[Rules and Regulations]
[Page 895-897]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ja07-5]
[[Page 895]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-25851; Directorate Identifier 2006-NM-133-AD;
Amendment 39-14872; AD 2007-01-01]
RIN 2120-AA64
Airworthiness Directives; BAE Systems (Operations) Limited Model
BAe 146 and Avro 146-RJ Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
BAE Systems (Operations) Limited Model BAe 146 and Avro 146-RJ
airplanes. This AD requires determining the part number of the lift
spoiler actuators/jacks (referred to after this as ``lift spoiler
jacks''). For affected lift spoiler jacks, this AD requires determining
the date of manufacture of the lift spoiler jacks, repetitively
inspecting the eye-end assembly of the lift spoiler jacks to detect
discrepancies of the assembly or associated parts, and performing
corrective actions if necessary. This AD results from a report that a
lift spoiler deployed in flight due to corrosion at the thread where
the eye-end assembly was screwed into the piston of the lift spoiler
jack. We are issuing this AD to prevent detachment of the eye-end
assembly of a lift spoiler jack, which could result in uncommanded
deployment of a lift spoiler in flight, and consequent reduced
controllability of the airplane.
DATES: This AD becomes effective February 13, 2007.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of February 13,
2007.
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, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; 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 would apply to all BAE Systems
(Operations) Limited Model BAe 146 and Avro 146-RJ airplanes. That NPRM
was published in the Federal Register on September 20, 2006 (71 FR
54939). That NPRM proposed to require determining the part number of
the lift spoiler actuators/jacks (referred to after this as ``lift
spoiler jacks''). For affected lift spoiler jacks, that NPRM proposed
to require determining the date of manufacture of the lift spoiler
jacks, repetitively inspecting the eye-end assembly of the lift spoiler
jacks to detect discrepancies of the assembly or associated parts, and
performing corrective actions if necessary.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the single comment received.
Request To Publish Service Information
The Modification and Replacement Parts Association (MARPA) states
that, typically, ADs are based on service information originating with
the type certificate holder or its suppliers. MARPA adds that
manufacturer service documents are privately authored instruments
generally having copyright protection against duplication and
distribution. MARPA notes that when a service document is incorporated
by reference into a public document, such as an AD, it loses its
private, protected status and becomes a public document. MARPA adds
that if a service document is used as a mandatory element of
compliance, it should not simply be referenced, but should be
incorporated into the regulatory document; by definition, public laws
must be public, which means they cannot rely upon private writings.
MARPA adds that incorporated by reference service documents should be
made available to the public by publication in the Docket Management
System (DMS), keyed to the action that incorporates them. MARPA notes
that the stated purpose of the incorporation by reference method is
brevity, to keep from expanding the Federal Register needlessly by
publishing documents already in the hands of the affected individuals;
traditionally, ``affected individuals'' means aircraft owners and
operators, who are generally provided service information by the
manufacturer. MARPA adds that a new class of affected individuals has
emerged, since the majority of aircraft maintenance is now performed by
specialty shops instead of aircraft owners and operators. MARPA notes
that this new class includes maintenance and repair organizations,
component servicing and repair shops, parts purveyors and distributors,
and organizations manufacturing or servicing alternatively certified
parts under section 21.303 (``Replacement and modification parts'') of
the Federal Aviation Regulations (14 CFR 21.303). Therefore, MARPA asks
that the service documents deemed essential to the accomplishment of
the NPRM be incorporated by reference into the regulatory instrument
and published in the DMS.
We understand MARPA's comment concerning incorporation by
reference. The Office of the Federal Register (OFR) requires that
documents that are necessary to accomplish the requirements of the AD
be incorporated by reference during the final rule phase of rulemaking.
This final rule incorporates by reference the document necessary for
the accomplishment of the requirements mandated by this AD. Further, we
point out that while documents that are incorporated by reference do
become public information, they do not lose their copyright protection.
For that reason, we advise the public to contact the manufacturer to
obtain copies of the referenced service information.
In regard to the commenter's request to post service bulletins on
the Department of Transportation's DMS, we are currently in the process
of reviewing issues surrounding the posting of service bulletins on the
DMS as part of an AD docket. Once we have thoroughly examined all
aspects of this issue and have made a final determination, we will
consider whether our current practice needs to be revised. No change to
the final rule is necessary in response to this comment.
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Conclusion
We have carefully reviewed the available data, including the
comment received, and determined that air safety and the public
interest require adopting the AD as proposed.
Costs of Compliance
This AD affects about 53 airplanes of U.S. registry. The required
inspections take about 4 work hours per airplane, per inspection cycle,
at an average labor rate of $80 per work hour. Based on these figures,
the estimated cost of the AD for U.S. operators is $16,960, or $320 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.
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, Incorporation by
reference, 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 Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
2007-01-01 BAE Systems (Operations) Limited (Formerly British
Aerospace Regional Aircraft): Amendment 39-14872. Docket No. FAA-
2006-25851; Directorate Identifier 2006-NM-133-AD.
Effective Date
(a) This AD becomes effective February 13, 2007.
Affected ADs
(b) None.
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 results from a report that a lift spoiler deployed
in flight due to corrosion at the thread where the eye-end assembly
was screwed into the piston of the lift spoiler actuator/jack
(referred to after this as the ``lift spoiler jack''). We are
issuing this AD to prevent detachment of the eye-end assembly of a
lift spoiler jack, which could result in uncommanded deployment of a
lift spoiler in flight, and consequent reduced controllability of
the airplane.
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.
Service Bulletin Reference
(f) The term ``service bulletin,'' as used in this AD, means the
Accomplishment Instructions of BAE Systems (Operations) Limited
Inspection Service Bulletin SB27-176, Revision 2, dated October 5,
2004. Although the service bulletin specifies to submit information
to the manufacturer, this AD does not include that requirement.
Inspections and corrective actions accomplished before the effective
date of this AD in accordance with BAE Systems (Operations) Limited
Inspection Service Bulletin SB27-176, dated October 1, 2003; or
Revision 1, dated January 13, 2004; are acceptable for compliance
with the corresponding actions required by this AD.
Determination of Part Number (P/N)
(g) Within 30 days after the effective date of this AD:
Determine the P/N of all six lift spoiler jacks. A review of
airplane maintenance records is an acceptable method of determining
the P/N if the P/N can be conclusively determined from that review.
(1) If no lift spoiler jack having P/N P308-45-0002 or P308-45-
0102 is installed: No further action is required by this paragraph.
(2) For any lift spoiler jack having P/N P308-45-0002 or P308-
45-0102: Before further flight, inspect the lift spoiler jack to
determine its serial number (S/N) and date of manufacture. A review
of airplane maintenance records is acceptable in lieu of this
inspection if the S/N and date of manufacture can be conclusively
determined from that review.
Inspection of Lift Spoiler Jack
(h) For any lift spoiler jack having P/N P308-45-0002 or P308-
45-0102: At the applicable compliance time specified in paragraph
(h)(1) or (h)(2) of this AD, perform a detailed inspection for
discrepancies of the eye-end assembly of the lift spoiler jack,
associated hardware, and the thread of the piston where the eye-end
assembly attaches, in accordance with the service bulletin.
Discrepancies include but are not limited to evidence of corrosion
or damaged or fretted threads.
(1) For lift spoiler jacks identified in paragraphs (h)(1)(i)
and (h)(1)(ii) of this AD: Within 30 days after the effective date
of this AD.
(i) Any lift spoiler jack having a S/N prefixed with ``DAWX'' or
``CSW'' (regardless of the date of manufacture).
(ii) Any lift spoiler jack having P/N P308-45-0002 or P308-45-
0102, with a date of manufacture on or before December 31, 1999.
(2) For lift spoiler jacks with a date of manufacture on or
after January 1, 2000, except those with S/Ns prefixed with ``DAWX''
or ``CSW'': Within 5 months after the effective date of this AD.
Note 1: For the purposes of this AD, a detailed inspection is:
``An intensive examination of a specific item, installation, or
assembly to detect damage, failure, or irregularity. Available
lighting is normally supplemented with a direct source of good
lighting at an intensity deemed appropriate. Inspection aids such as
mirror, magnifying lenses, etc., may be necessary. Surface
[[Page 897]]
cleaning and elaborate procedures may be required.''
Repetitive Inspections/Corrective Action
(i) Repeat the inspection required by paragraph (h) of this AD
and do corrective actions based on the inspection findings, in
accordance with paragraph (i)(1), (i)(2), or (i)(3) of this AD, as
applicable.
(1) If no discrepancy of the eye-end assembly of the lift
spoiler jack is found: Repeat the inspection required by paragraph
(h) of this AD within 48 months, and, based on the findings during
that repeat inspection, repeat the inspection and do corrective
actions, as applicable, in accordance with paragraph (i) of this AD.
(2) If light corrosion, as defined in the service bulletin, but
no other discrepancy, is found: Repeat the inspection required by
paragraph (h) of this AD within 24 months, and, based on the
findings during that repeat inspection, repeat the inspection and do
corrective actions, as applicable, in accordance with paragraph (i)
of this AD.
(3) If severe corrosion, as defined in the service bulletin, or
any damaged or fretted thread, is found: Before further flight,
replace the eye-end assembly of the lift spoiler jack, associated
hardware, and piston, as applicable, with new or serviceable parts,
as applicable, in accordance with the service bulletin. Then, repeat
the inspection required by paragraph (h) of this AD within 48
months, and, based on the findings during that repeat inspection,
repeat the inspection and do corrective actions, as applicable, in
accordance with paragraph (i) of this AD. Where the service bulletin
specifies to return certain damaged parts to the parts manufacturer,
this AD does not require that action.
Parts Installation
(j) As of the effective date of this AD, no person may install a
lift spoiler jack having P/N P308-45-0002 or P308-45-0102 unless it
has been inspected as required by this AD and found to be free of
severe corrosion or other discrepancy.
Alternative Methods of Compliance (AMOCs)
(k)(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.
Related Information
(l) European Aviation Safety Agency airworthiness directive
2006-0139, dated May 23, 2006, also addresses the subject of this
AD.
Material Incorporated by Reference
(m) You must use BAE Systems (Operations) Limited Inspection
Service Bulletin SB27-176, Revision 2, dated October 5, 2004, to
perform the actions that are required by this AD, unless the AD
specifies otherwise. The Director of the Federal Register approved
the incorporation by reference of this document in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. Contact British Aerospace Regional
Aircraft American Support, 13850 Mclearen Road, Herndon, Virginia
20171, for a copy of this service information. You may review copies
at the Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street, SW., Room PL-401, Nassif
Building, Washington, DC; on the Internet at http://dms.dot.gov; or
at the National Archives and Records Administration (NARA). For
information on the availability of this material at the NARA, call
(202) 741-6030, or go to http://www.archives.gov/[fxsp0]federal--
register/code--of--federal--regulations/[fxsp0]ibr--locations.html.
Issued in Renton, Washington, on December 21, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E6-22537 Filed 1-8-07; 8:45 am]
BILLING CODE 4910-13-P