[Federal Register Volume 75, Number 126 (Thursday, July 1, 2010)]
[Proposed Rules]
[Pages 38058-38061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15981]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0642; Directorate Identifier 2007-NM-332-AD]
RIN 2120-AA64
Airworthiness Directives; BAE Systems (Operations) Limited Model
BAe 146 and Avro 146-RJ Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed 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:
* * * [F]uel leaks and failed fasteners [have been reported] in
the region of the rear spar root joint attachment fitting at wing
rib 2. * * *
* * * * *
The unsafe condition is stress corrosion failures in the region of the
rear spar root joint attachment fitting at wing rib 2, which could lead
to reduced structural integrity of the wing, and consequent reduced
controllability of the airplane. The proposed AD would require actions
that are intended to address the unsafe condition described in the
MCAI.
DATES: We must receive comments on this proposed AD by August 16, 2010.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., 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 BAE
Systems (Operations) Limited, Customer Information Department,
Prestwick
[[Page 38059]]
International Airport, Ayrshire, KA9 2RW, Scotland, United Kingdom;
telephone +44 1292 675207; facsimile +44 1292 675704; e-mail
[email protected]; Internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm. You may review copies of the
referenced 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.
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 this proposed AD, 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.
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:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2010-0642;
Directorate Identifier 2007-NM-332-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
We have lengthened the 30-day comment period for proposed ADs that
address MCAI originated by aviation authorities of other countries to
provide adequate time for interested parties to submit comments. The
comment period for these proposed ADs is now typically 45 days, which
is consistent with the comment period for domestic transport ADs.
We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2007-0270 R1, dated November 7, 2007 (referred
to after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:
British Aerospace originally issued Service Bulletin (SB) 57-033
in 1989 to detect fuel leaks and failed fasteners in the region of
the rear spar root joint attachment fitting at wing rib 2.
Accomplishment of this SB was mandated by the [Civil Aviation
Authority] CAA United Kingdom AD 044-09-89. Revisions 1 through 7 of
this SB were introduced to inspect pre mod HCM01447A standard
installations for fuel leaks and loose or broken bolts. Modification
HCM01447A introduced tension bolts in the attachment fitting instead
of the previous Hi-Lok bolts. Revision 8 of the SB introduced
inspection instructions for post modification HCM01447A
installations because fuel tank leaks and failed fasteners have
subsequently been found on aircraft post modification HCM01447A.
Inspections of the post-mod HCM01447A standard are required to
maintain the structural integrity of the wing. BAE Systems has now
published SB 57-033 Revision 9 that specifies additional, calendar-
time based, inspection criteria to control the stress corrosion
failures of the pre and post modification HCM01447A installations.
EASA AD 2007-0270 supersedes CAA UK AD 044-09-89 and requires
the accomplishment of inspections and corrective actions, as
necessary, in accordance with BAE Systems SB 57-033 Revision 9.
This [EASA] AD [2007-0270 R1] is revised to clarify that the
calendar compliance times are to be counted from the effective date,
not from the SB issue date.
The unsafe condition is stress corrosion failures in the region of the
rear spar root joint attachment fitting at wing rib 2, which could lead
to reduced structural integrity of the wing, and consequent reduced
controllability of the airplane. Required actions include a general
inspection to identify the type of bolt and nut at each location,
external inspections of the bolt installation of the fuel tanks,
related investigative actions, and corrective actions, as applicable.
The general inspection includes identifying the type of bolt and
nut at each location.
External inspections of the bolt installation include:
Visually inspecting for proper nut installation, nut
seating, and fuel seepage.
Checking for gaps between the fitting and wing structure.
Checking the nuts with a suitable torque spanner to the
specifications in the torque figures shown in Table 2. of the
Accomplishment Instructions of BAE Systems (Operations) Limited
Inspection Service Bulletin ISB.57-033, Revision 9, dated October 10,
2006, if Hi-Loks are installed, and
Doing either an ultrasonic inspection for damaged bolts or
torque check of the tension bolts.
Related investigative actions include:
Inspecting the condition of the sealant at and around all
rear spar root joint attachment bolts.
Checking the bolt for damage or evidence of the nut being
tightened to the end of the thread.
Examining the wear pattern on the seating surfaces of the
bolt and nut to determine if the bolt and nut have been evenly seated
on the structure.
Visually inspecting bolt hole and surrounding area for
damage, and
Confirming that the hole edge radius on the forward face
of the rear spar complies with the specifications in Table 4 of the
Accomplishment Instructions of BAE Systems (Operations) Limited
Inspection Service Bulletin ISB.57-033, Revision 9, dated October 10,
2006.
Corrective actions include either replacing the bolt, or repairing
the defect in accordance with approved repair data from BAE Systems.
You may obtain further information by examining the MCAI in the AD
docket.
Relevant Service Information
BAE Systems (Operations) Limited has issued Inspection Service
Bulletin ISB.57-033, Revision 9, dated October 10, 2006. The actions
described in this service information are intended to correct the
unsafe condition identified in the MCAI.
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
Differences Between This AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
[[Page 38060]]
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 proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 1 product of U.S. registry. We also estimate that it
would take about 3 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $255.
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 determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD 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 this 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 proposed AD and placed it in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, 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 AD:
BAE Systems (Operations) Limited: Docket No. FAA-2010-0642;
Directorate Identifier 2007-NM-332-AD.
Comments Due Date
(a) We must receive comments by August 16, 2010.
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.
Subject
(d) Air Transport Association (ATA) of America Code 57: Wings.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
* * * [F]uel leaks and failed fasteners [have been reported] in
the region of the rear spar root joint attachment fitting at wing
rib 2. * * *
* * * * *
The unsafe condition is stress corrosion failures in the region of
the rear spar root joint attachment fitting at wing rib 2, which
could lead to reduced structural integrity of the wing, and
consequent reduced controllability of the airplane.
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.
Actions
(g) At the applicable time in paragraph (g)(1) or (g)(2) of this
AD, do a general visual inspection to identify the type of bolt and
nut at each location, in accordance with the Accomplishment
Instructions of BAE Systems (Operations) Limited Inspection Service
Bulletin ISB.57-033, Revision 9, dated October 10, 2006.
(1) For airplanes on which neither Modification HCM01447A nor
repair information leaflet (RIL) HC536H9156 (at any location) has
been done as of the effective date of this AD, the compliance time
for the inspection is at the later of the times specified in
paragraphs (g)(1)(i) and (g)(1)(ii) of this AD.
(i) Within 12 months after the effective date of this AD, or
within 2 years after the last inspection done in accordance with BAE
Systems (Operations) Limited Inspection Service Bulletin ISB.57-033,
whichever occurs later, without exceeding 4,000 flight cycles after
the last inspection.
(ii) Within 250 flight cycles or 3 months after the effective
date of this AD, whichever occurs first.
(2) For airplanes on which either Modification HCM01447A or RIL
HC536H9156 (at any location) has been done as of the effective date
of this AD, the compliance time for the inspection is at the latest
of the times specified in paragraphs (g)(2)(i), (g)(2)(ii), and
(g)(2)(iii) of this AD.
(i) Before the accumulation of 4,000 total flight cycles.
(ii) Within 4,000 flight cycles after all bolts are inspected
and replaced in accordance with BAE Systems (Operations) Limited
Inspection Service Bulletin ISB.57-033.
(iii) Within 12 months after the effective date of this AD.
(h) At the applicable time in paragraph (g)(1) or (g)(2) of this
AD, do detailed inspections of the bolt installation for proper nut
installation, nut seating, and fuel seepage; a detailed inspection
for gaps between the fitting and wing structure; if Hi-Loks are
installed, measure the torque of the nuts to determine the
specifications in the torque figures shown in Table 2. of the
Accomplishment Instructions of BAE Systems (Operations) Limited
Inspection Service Bulletin ISB.57-033, Revision 9, dated October
10, 2006; and either an ultrasonic inspection for damaged bolts or a
torque measurement of the tension bolts to determine the
specifications in the torque figures shown in Table 3. of the
Accomplishment Instructions of BAE Systems (Operations) Limited
Inspection Service Bulletin ISB.57-033, Revision 9, dated October
10, 2006. Do all actions in accordance with the Accomplishment
Instructions of BAE Systems (Operations) Limited Inspection Service
Bulletin ISB.57-033, Revision 9, dated October 10, 2006.
(i) If, during any inspection required by paragraph (h) of this
AD, any defect (e.g., evidence of fuel seepage, damaged bolts or
[[Page 38061]]
low bolt torque, loose or rotating nuts, suspect integrity of the
bolt/nut assembly, or gaps between the fitting and wing structure)
is found, before further flight, do the actions specified in
paragraphs (i)(1), (i)(2), (i)(3), (i)(4), and (i)(5) of this AD, in
accordance with the Accomplishment Instructions of BAE Systems
(Operations) Limited Inspection Service Bulletin ISB.57-033,
Revision 9, dated October 10, 2006.
(1) Do a detailed inspection of the sealant for cracks at and
around all rear spar root joint attachment bolts.
(2) Do a detailed inspection of the bolt for damage or evidence
of the nut being tightened to the end of the thread.
(3) Do a detailed inspection of the wear pattern on the seating
surfaces of the bolt and nut to determine if the bolt and nut have
been evenly seated on the structure.
(4) Do a detailed inspection of the bolt hole and surrounding
area for damage.
(5) Do a detailed inspection to determine that the hole edge
radius on the forward face of the rear spar meets the dimensions
specified in Table 4 of the Accomplishment Instructions of BAE
Systems (Operations) Limited Inspection Service Bulletin ISB.57-033,
Revision 9, dated October 10, 2006.
(j) If during any inspection required by paragraph (h) or (i) of
this AD, any defects (e.g., evidence of fuel seepage, damaged bolts
or low bolt torque, loose or rotating nuts, suspect integrity of the
bolt/nut assembly, gaps between the fitting and wing structure,
cracked sealant, bolt damage or evidence of the nut being tightened
to the end of the thread, uneven seating of the bolt and nut, bolt
hole and surrounding area damage, or hole edge radius out of
dimensions specified in Table 4 of the Accomplishment Instructions
of BAE Systems (Operations) Limited Inspection Service Bulletin
ISB.57-033, Revision 9, dated October 10, 2006), is found, before
further flight, do all applicable correction actions, which include
either replacing the bolt or repairing the defect, in accordance
with the Accomplishment Instructions of BAE Systems (Operations)
Limited Inspection Service Bulletin ISB.57-033, Revision 9, dated
October 10, 2006.
(k) Repeat the inspections in paragraph (h) of this AD
thereafter, at the applicable time specified in Table 1 of this AD,
for each individual location.
Table 1--Compliance Times for Repeat Inspections
------------------------------------------------------------------------
If the location has-- Then repeat the inspection--
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A Hi-Lok bolt.......................... Within 4,000 flight cycles or
24 months, whichever occurs
earlier, after doing the last
inspection.
A tension bolt that was not replaced Within 8,000 flight cycles or
during the inspections in paragraphs 48 months, whichever occurs
(h) and (i) of this AD and no defects earlier, after doing the last
were found. inspection.
A tension bolt that was replaced as Within 4,000 flight cycles or
required by paragraph (j) of this AD. 24 months, whichever occurs
earlier after doing the
replacement.
A tension bolt that was not replaced Within 4,000 flight cycles or
and any defects were repaired as 24 months, whichever occurs
required by paragraph (j) of this AD. earlier after doing the repair
specified in paragraph (j) of
this AD.
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FAA AD Differences
Note 1: This AD differs from the MCAI and/or service information
as follows: Although BAE Systems (Operations) Limited Inspection
Service Bulletin ISB.57-033, Revision 9, dated October 10, 2006,
allows additional time to rectify the defect for the corrective
action depending on the condition, this AD requires rectifying the
defect before further flight.
Other FAA AD Provisions
(l) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): 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,
Transport Airplane Directorate, FAA, 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 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.
(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.
(3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.
Related Information
(m) Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2007-0270 R1, dated November 7, 2007; and BAE Systems
(Operations) Limited Inspection Service Bulletin ISB.57-033,
Revision 9, dated October 10, 2006; for related information.
Issued in Renton, Washington, on June 23, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-15981 Filed 6-30-10; 8:45 am]
BILLING CODE 4910-13-P