[Federal Register: January 7, 2008 (Volume 73, Number 4)]
[Rules and Regulations]
[Page 1044-1046]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ja08-2]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-0044; Directorate Identifier 2007-NM-126-AD;
Amendment 39-15320; AD 2007-26-18]
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: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as: ``An
accumulator cylinder had material defects and suffered an in-flight
burst failure causing damage to the aircraft structure.'' We are
issuing this AD to require actions to correct the unsafe condition on
these products.
DATES: This AD becomes effective February 11, 2008.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of February 11,
2008.
ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov
or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.
FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1175; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on October 17, 2007 (72
FR 58774). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:
An accumulator cylinder had material defects and suffered an in-
flight burst failure causing damage to the aircraft structure. This
resulted in the issue of EASA Emergency AD 2006-0061-E [we issued AD
2006-23-12 to address that EASA AD] that required the identification
and check of cylinders from known suspect batches. Further
investigations and checks by the accumulator manufacturer have
concluded that all cylinders from a particular supplier may not have
been correctly inspected at manufacture. To prevent the risk of
further failures, this Airworthiness Directive (AD) requires all
accumulators with cylinders from this supplier to be identified and
inspected prior to re-installation.
The corrective action includes replacing any accumulator found to have
a defect. You may obtain further information by examining the MCAI in
the AD docket.
Comments
We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.
Conclusion
We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed.
Differences Between This AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a NOTE within the AD.
Costs of Compliance
We estimate that this AD will affect about 1 product of U.S.
registry. We also estimate that it will take about 4 work-hours per
product to comply with the basic requirements of this AD. The average
labor rate is $80 per work-hour. Based on these figures, we estimate
the cost of this AD to the U.S. operators to be $320, or $320 per
product.
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
[[Page 1045]]
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 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 this AD:
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 AD and placed it in the AD docket.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov
; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (telephone (800) 647-5527) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.
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 FAA amends Sec. 39.13 by adding the following new AD:
2007-26-18 BAE Systems (Operations) Limited (Formerly British
Aerospace Regional Aircraft): Amendment 39-15320. Docket No. FAA-
2007-0044; Directorate Identifier 2007-NM-126-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective February
11, 2008.
Affected ADs
(b) None.
Applicability
(c) This AD applies to 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, all models, all serial numbers.
Subject
(d) Air Transport Association (ATA) of America Code 29:
Hydraulic power.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
An accumulator cylinder had material defects and suffered an in-
flight burst failure causing damage to the aircraft structure. This
resulted in the issue of EASA Emergency AD 2006-0061-E [we issued AD
2006-23-12 to address that EASA AD] that required the identification
and check of cylinders from known suspect batches. Further
investigations and checks by the accumulator manufacturer have
concluded that all cylinders from a particular supplier may not have
been correctly inspected at manufacture. To prevent the risk of
further failures, this Airworthiness Directive (AD) requires all
accumulators with cylinders from this supplier to be identified and
inspected prior to re-installation.
The corrective action includes replacing any accumulator found to
have a defect.
Actions and Compliance
(f) Unless already done, do the following actions.
(1) Within 30 months after the effective date of this AD,
identify the installed accumulator in accordance with paragraph 2.C.
of BAE Systems (Operations) Limited Inspection Service Bulletin
ISB.29-047, dated October 3, 2006, which makes reference to APPH
Service Bulletin AIR91666-29-03, dated July 2006.
(2) When an accumulator is identified as being affected by this
AD, before further flight after accomplishing the actions required
in paragraph (f)(1) of this AD, remove the accumulator in accordance
with paragraph 2.D. of BAE Systems (Operations) Limited Inspection
Service Bulletin ISB.29-047, dated October 3, 2006, and do a
magnetic particle inspection of the cylinder for any defects in
accordance with the Accomplishment Instructions of APPH Service
Bulletin AIR91666-29-03, dated July 2006.
(3) If any defect is found during the inspection required in
paragraph (f)(2) of this AD, before next flight, replace the
accumulator with a serviceable unit in accordance with the
Accomplishment Instructions of APPH Service Bulletin AIR91666-29-03,
dated July 2006.
(4) After the effective date of this AD, no person may install a
spare accumulator identified by APPH Service Bulletin AIR91666-29-
03, dated July 2006, as a replacement part, unless it has been
inspected in accordance with APPH Service Bulletin AIR91666-29-02,
dated March 2006; or APPH Service Bulletin AIR91666-29-03, dated
July 2006 (see second Note in paragraph 1.D.(1) of BAE Systems
(Operations) Limited Inspection Service Bulletin ISB.29-047, dated
October 3, 2006, for further explanation).
FAA AD Differences
Note: This AD differs from the MCAI and/or service information
as follows:
(1) Where the MCAI specifies to identify the installed
accumulator within 6 weeks after the effective date of the AD, we
have determined that the identification may be done within 30 months
after the effective date of this AD to coincide with the compliance
time for the magnetic particle inspection. In making this
determination, we considered the maximum interval of time allowable
for all affected airplanes to continue to operate without
compromising safety, fleet usage, and the availability of
replacement parts.
Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager, ANM-
116, International Branch, Transport Airplane Directorate, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. Send information to ATTN: Todd
Thompson, Aerospace Engineer, International Branch, ANM-116, FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone (425) 227-1175; fax (425) 227-1149.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
(2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
[[Page 1046]]
(3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.
Related Information
(h) Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2007-0076, dated March 21, 2007, and the service
information listed in Table 1 of this AD for related information.
Table 1.--Service Information
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Service Bulletin Date
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APPH Service Bulletin AIR91666-29-02...... March 2006.
APPH Service Bulletin AIR91666-29-03...... July 2006.
BAE Systems (Operations) Limited October 3, 2006.
Inspection Service Bulletin ISB.29-047.
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Material Incorporated by Reference
(i) You must use the service information specified in Table 2 of
this AD to do the actions required by this AD, unless the AD
specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact
British Aerospace Regional Aircraft American Support 13850 Mclearen
Road, Herndon, Virginia 20171; and APPH Ltd., Engineering Division,
Unit 1, Pembroke Court, Chancellor Road, Manor Park, Runcorn,
Cheshire, WA7 1TG, England, United Kingdom.
(3) You may review copies at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the
National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call (202) 741-6030,
or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html
.
Table 2.--Material Incorporated by Reference
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Service Bulletin Date
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APPH Service Bulletin AIR91666-29-03...... July 2006.
BAE Systems (Operations) Limited October 3, 2006.
Inspection Service Bulletin ISB.29-047.
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Issued in Renton, Washington, on December 20, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-25479 Filed 1-4-08; 8:45 am]
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