[Federal Register Volume 75, Number 98 (Friday, May 21, 2010)]
[Rules and Regulations]
[Pages 28463-28465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11356]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 75, No. 98 / Friday, May 21, 2010 / Rules and
Regulations
[[Page 28463]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-0909; Directorate Identifier 2007-NM-363-AD;
Amendment 39-16301; AD 2010-10-22]
RIN 2120-AA64
Airworthiness Directives; BAE SYSTEMS (Operations) Limited Model
BAe 146 Airplanes and Model Avro 146-RJ Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is superseding an existing airworthiness directive
(AD), which applies to Model BAe 146 airplanes 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 incorporating new and more restrictive life limits for
certain items and for certain inspections to detect fatigue cracking in
certain structures. This AD also requires revising the airworthiness
limitations to include critical design configuration control
limitations for the fuel system. This AD results from issuance of a
later revision to the airworthiness limitations. We are issuing this AD
to ensure that fatigue cracking of certain structural elements is
detected and corrected, and to prevent ignition sources in the fuel
tanks; fatigue cracking of certain structural elements could adversely
affect the structural integrity of these airplanes.
DATES: This AD becomes effective June 25, 2010.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of June 25,
2010.
ADDRESSES: For BAE SYSTEMS (Operations) Limited service information
identified in this AD, contact BAE Systems Regional Aircraft, 13850
McLearen Road, Herndon, Virginia 20171; telephone 703-736-1080; e-mail
[email protected]; Internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm.
For Messier-Dowty service information identified in this AD,
contact Messier-Dowty Limited, Cheltenham Road, Gloucester GL2 9QH,
England; telephone +44(0)1452 712424; fax +44(0)1452 713821; Internet
https://techpubs.services.messier-dowty.com.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (telephone 800-647-5527) is the Document Management
Facility, U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-4056; telephone (425)
227-1175; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Discussion
The FAA issued a supplemental notice of proposed rulemaking (NPRM)
to amend 14 CFR part 39 to include an AD that supersedes AD 2005-23-12,
Amendment 39-14370 (70 FR 70483, November 22, 2005). The existing AD
applies to all BAE SYSTEMS (Operations) Limited Model BAe 146 airplanes
and Model Avro 146-RJ airplanes. That supplemental NPRM was published
in the Federal Register on March 9, 2010 (75 FR 10701). That
supplemental NPRM proposed to continue to require 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. That
supplemental NPRM proposed to require incorporating new and more
restrictive life limits for certain items and for certain inspections
to detect fatigue cracking in certain structures. That supplemental
NPRM also proposed to require revising the airworthiness limitations to
include critical design configuration control limitations for the fuel
system.
Comments
We provided the public the opportunity to participate in the
development of this AD. No comments have been received on the
supplemental NPRM or on the determination of the cost to the public.
Conclusion
We have carefully reviewed the available data and determined that
air safety and the public interest require adopting the AD as proposed
in the supplemental NPRM.
Costs of Compliance
The following table provides the estimated costs for U.S. operators
to comply with this AD.
[[Page 28464]]
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Number of
Average Cost per U.S.-
Action Work hours labor rate Parts airplane registered Fleet cost
per hour airplanes
----------------------------------------------------------------------------------------------------------------
ALS Revision (required by AD 1 $85 None............ $85 1 $85
2005-23-12).
ALS Revision (new action).... 1 85 None............ 85 1 85
----------------------------------------------------------------------------------------------------------------
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
removing Amendment 39-14370 (70 FR 70483, November 22, 2005) and by
adding the following new airworthiness directive (AD):
2010-10-22 BAE SYSTEMS (Operations) Limited: Amendment 39-16301.
Docket No. FAA-2008-0909; Directorate Identifier 2007-NM-363-AD.
Effective Date
(a) This AD becomes effective June 25, 2010.
Affected ADs
(b) This AD supersedes AD 2005-23-12, Amendment 39-14370.
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.
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 (AMOC)
according to paragraph (k) of this AD. The request should include a
description of changes to the required inspections that will ensure
the continued operational safety of the airplane.
Subject
(d) Air Transport Association (ATA) of America Code 05.
Unsafe Condition
(e) This AD results from issuance of a later revision to the
airworthiness limitations of the BAE SYSTEMS (Operations) Limited
BAe146 Series/Avro146-RJ Series Aircraft Maintenance Manual (AMM),
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, and to prevent ignition sources in the fuel tanks;
fatigue cracking of certain structural elements could adversely
affect the structural integrity of these airplanes.
Compliance
(f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
RESTATEMENT OF CERTAIN REQUIREMENTS OF AD 2005-23-12:
Airworthiness Limitations Revision
(g) Within 30 days after December 27, 2005 (the effective date
of AD 2005-23-12), revise 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, 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).
NEW REQUIREMENTS OF THIS AD:
New Airworthiness Limitations Revisions
(h) Within 90 days after the effective date of this AD, revise
Chapter 5 of the BAE SYSTEMS (Operations) Limited BAe146 Series/
Avro146-RJ Series AMM to incorporate new and more restrictive life
limits for certain items and new and more restrictive inspections to
detect fatigue cracking in certain structures, and to add fuel
system critical design configuration control limitations (CDCCLs) to
prevent ignition sources in the fuel tanks, in accordance with a
method approved by the Manager, International Branch, ANM-116,
Transport Airplane Directorate, FAA; or the European Aviation Safety
Agency (EASA) (or its delegated agent). Incorporating the new and
more restrictive life limits and inspections into the ALS terminates
the requirements of paragraph (g) of this AD, and after
incorporation has been done, the limitations required by paragraph
(g) of this AD may be removed from the ALS.
[[Page 28465]]
Note 2: Guidance on revising Chapter 5 of the BAE SYSTEMS
(Operations) Limited BAe146 Series/Avro146-RJ Series AMM, Revision
97, dated July 15, 2009, can be found in the applicable sub-chapters
listed in Table 1 of this AD.
Table 1--Applicable AMM Sub-Chapters
------------------------------------------------------------------------
AMM Sub-chapter Subject
------------------------------------------------------------------------
05-10-01............................... Airframe Airworthiness
Limitations before Life
Extension Programme.
05-10-05 \1\........................... Airframe Airworthiness
Limitations, Life Extension
Programme Landings Life
Extended.
05-10-10 \2\........................... Airframe Airworthiness
Limitations, Life Extension
Programme Calendar Life
Extended.
05-10-15............................... Aircraft Equipment
Airworthiness Limitations.
05-10-17............................... Power Plant Airworthiness
Limitations.
05-15-00............................... Critical Design Configuration
Control Limitations (CDCCL)--
Fuel System Description and
Operation.
05-20-00 \3\........................... Scheduled Maintenance.
05-20-01............................... Airframe Scheduled Maintenance--
Before Life Extension
Programme.
05-20-05 \1\........................... Airframe Scheduled Maintenance--
Life Extension Programme
Landings Life Extended.
05-20-10 \2\........................... Airframe Scheduled Maintenance--
Life Extension Programme
Calendar Life Extended.
05-20-15............................... Aircraft Equipment Scheduled
Maintenance.
------------------------------------------------------------------------
\1\ Applicable only to airplanes post-modification HCM20011A or
HCM20012A or HCM20013A.
\2\ Applicable only to airplanes post-modification HCM20010A.
\3\ Paragraphs 5 and 6 only, on the Corrosion Prevention and Control
Program (CPCP) and the Supplemental Structural Inspection Document
(SSID).
Note 3: Sub-chapter 05-15-00 of the BAE SYSTEMS (Operations)
Limited BAe146 Series/Avro146-RJ Series AMM, is the CDCCL.
Note 4: Within Sub-chapter 05-20-00 of the BAE SYSTEMS
(Operations) Limited BAe146 Series/Avro146-RJ Series AMM, the
relevant issues of the support documents are as follows: BAE SYSTEMS
(Operations) Limited BAe 146 Series/Avro 146-RJ Corrosion Prevention
and Control Program Document CPCP-146-01, Revision 3, dated July 15,
2008, including BAE SYSTEMS (Operations) Limited Temporary Revision
(TR) 2.1, dated December 2008; and BAE SYSTEMS (Operations) Limited
BAe146 Series Supplemental Structural Inspection Document SSID-146-
01, Revision 1, dated June 15, 2009.
Note 5: Within Sub-chapter 05-20-01 of the BAE SYSTEMS
(Operations) Limited BAe146 Series/Avro146-RJ Series AMM, the
relevant issue of BAE SYSTEMS (Operations) Limited BAe 146/Avro 146-
RJ Maintenance Review Board Report Document MRB 146-01, Issue 2, is
Revision 15, dated March 2009 (mis-identified in EASA AD 2009-0215,
dated October 7, 2009, as being dated May 2009).
Note 6: Notwithstanding any other maintenance or operational
requirements, components that have been identified as airworthy or
installed on the affected airplanes before the revision of the ALS,
as required by paragraph (g) of this AD; or before revision of
Chapter 5 of the AMM, as required by paragraph (h) of this AD; do
not need to be reworked in accordance with the CDCCLs. However, once
the ALS or AMM has been revised, future maintenance actions on these
components must be done in accordance with the CDCCLs.
(i) Except as specified in paragraph (k) of this AD: After the
actions specified in paragraph (g) or (h) of this AD have been
accomplished, no alternative inspections or inspection intervals may
be approved for the structural elements specified in the documents
listed in paragraph (g) or (h) of this AD.
(j) Modifying the main fittings of the main landing gear in
accordance with Messier-Dowty Service Bulletin 146-32-171, dated
August 11, 2009, extends the safe limit of the main landing gear
main fitting from 32,000 landings to 50,000 landings on the main
fitting.
Alternative Methods of Compliance (AMOCs)
(k) The Manager, International Branch, ANM-116, 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 98057-4056; telephone
(425) 227-1175; fax (425) 227-1149. Before using any approved AMOC
on any airplane to which the AMOC applies, notify your principal
maintenance inspector (PMI) or principal avionics inspector (PAI),
as appropriate, or lacking a principal inspector, your local Flight
Standards District Office. The AMOC approval letter must
specifically reference this AD.
Related Information
(l) EASA Airworthiness Directive 2009-0215, dated October 7,
2009; and Messier-Dowty Service Bulletin 146-32-171, dated August
11, 2009; also address the subject of this AD.
Material Incorporated by Reference
(m) If you do the optional modification specified in this AD,
you must use Messier-Dowty Service Bulletin 146-32-171, dated August
11, 2009, to do those actions, 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 Messier-Dowty service information identified in this AD,
contact Messier-Dowty Limited, Cheltenham Road, Gloucester GL2 9QH,
England; telephone +44(0)1452 712424; fax +44(0)1452 713821;
Internet https://techpubs.services.messier-dowty.com.
(3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call 425-227-1221.
(4) You may also review copies of the service information that
is incorporated by reference 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/code_of_federal_regulations/ibr_locations.html.
Issued in Renton, Washington, on May 3, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-11356 Filed 5-20-10; 8:45 am]
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