[Federal Register Volume 75, Number 85 (Tuesday, May 4, 2010)]
[Rules and Regulations]
[Pages 23568-23571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9944]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-1250; Directorate Identifier 2008-NM-169-AD;
Amendment 39-16276; AD 2010-09-11]
RIN 2120-AA64
Airworthiness Directives; BAE Systems (Operations) Limited Model
BAe 146-100A, -200A, and -300A Series Airplanes, and Model Avro 146-
RJ70A, 146-RJ85A, and 146-RJ100A Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: We are superseding an existing 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:
In 1991, the UK Civil Aviation Authority (CAA) issued AD 015-08-
91 [which corresponds to FAA AD 93-01-11], requiring the
accomplishment of inspections of, and in case of crack findings,
corrective actions on, the wing top skin at rib `0' of pre-
modification HCM00851C BAe 146 series aircraft in accordance with
British Aerospace Service Bulletin (SB) 57-41 dated 26 July 1991.
Recently, BAE Systems (Operations) Ltd has determined that a revised
inspection programme for the wing top skin and joint strap at rib
`0' on all BAe 146 and AVRO 146-RJ aircraft is necessary to assure
the continued structural integrity of this area. Cracking of the
wing centre section top skin, if undetected, could lead to
structural failure and consequent loss of the aircraft.
* * * * *
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective June 8, 2010.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 8,
2010.
On March 2, 1993 (58 FR 6081, January 26, 1993), the Director of
the Federal Register approved the incorporation by reference of a
certain other publication listed in this AD.
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, Transport Airplane Directorate, FAA,
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 January 12, 2010 (75
FR 1563), and proposed to supersede AD 93-01-11, Amendment 39-8465 (58
FR 6081, January 26, 1993). That NPRM proposed to correct an unsafe
condition for the specified products. The MCAI states:
In 1991, the UK Civil Aviation Authority (CAA) issued AD 015-08-
91 [which corresponds to FAA AD 93-01-11], requiring the
accomplishment of inspections of, and in case of crack findings,
corrective actions on, the wing top skin at rib `0' of pre-
modification HCM00851C BAe 146 series aircraft in accordance with
British Aerospace Service Bulletin (SB) 57-41 dated 26 July 1991.
Recently, BAE Systems (Operations) Ltd has determined that a revised
inspection programme for the wing top skin and joint
[[Page 23569]]
strap at rib `0' on all BAe 146 and AVRO 146-RJ aircraft is
necessary to assure the continued structural integrity of this area.
Cracking of the wing centre section top skin, if undetected, could
lead to structural failure and consequent loss of the aircraft.
For the reasons described above, this new EASA [European
Aviation Safety Agency] AD supersedes UK CAA AD 015-08-91 and
requires repetitive high-frequency eddy current (HFEC),
radiographic, ultrasonic, and detailed visual inspections [for
cracking and corrosion] of the wing top skin and joint strap at rib
`0', the reporting of all inspection results to BAE Systems and, in
case of findings, the accomplishment of corrective actions.
The corrective actions include repairing cracking and corrosion, and
contacting BAE Systems (Operations) Limited for repair instructions and
doing the repair. 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.
Explanation of Change to Costs of Compliance
After the NPRM was issued, we reviewed the figures we have used
over the past several years to calculate AD costs to operators. To
account for various inflationary costs in the airline industry, we find
it necessary to increase the labor rate used in these calculations from
$80 per work hour to $85 per work hour. The cost impact information,
below, reflects this increase in the specified hourly labor rate.
Costs of Compliance
We estimate that this AD will affect about 1 product of U.S.
registry.
The actions that are required by AD 93-01-11 and retained in this
AD take about 4 work-hours per product, at an average labor rate of $85
per work hour. Based on these figures, the estimated cost of the
currently required actions is $340 per product.
We estimate that it will take about 4 work-hours per product to
comply with the new basic requirements of this AD. The average labor
rate is $85 per work-hour. Based on these figures, we estimate the cost
of this AD to the U.S. operators to be $340.
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 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 removing Amendment 39-8465 (58 FR
6081, January 26, 1993) and adding the following new AD:
2010-09-11 BAE Systems (Operations) Limited: Amendment 39-16276.
Docket No. FAA-2009-1250; Directorate Identifier 2008-NM-169-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective June 8,
2010.
Affected ADs
(b) The AD supersedes AD 93-01-11, Amendment 39-8465.
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:
In 1991, the UK Civil Aviation Authority (CAA) issued AD 015-08-
91 [which corresponds to FAA AD 93-01-11], requiring the
accomplishment of inspections of, and in case of crack findings,
corrective actions on, the wing top skin at rib `0' of pre-
[[Page 23570]]
modification HCM00851C BAe 146 series aircraft in accordance with
British Aerospace Service Bulletin (SB) 57-41 dated 26 July 1991.
Recently, BAE Systems (Operations) Ltd has determined that a revised
inspection programme for the wing top skin and joint strap at rib
`0' on all BAe 146 and AVRO 146-RJ aircraft is necessary to assure
the continued structural integrity of this area. Cracking of the
wing centre section top skin, if undetected, could lead to
structural failure and consequent loss of the aircraft.
For the reasons described above, this new EASA [European
Aviation Safety Agency] AD supersedes UK CAA AD 015-08-91 and
requires repetitive high-frequency eddy current (HFEC),
radiographic, ultrasonic, and detailed visual inspections [for
cracking and corrosion] of the wing top skin and joint strap at rib
`0', the reporting of all inspection results to BAE Systems and, in
case of findings, the accomplishment of corrective actions.
The corrective actions include repairing cracking and corrosion, and
contacting BAE Systems (Operations) Limited for repair instructions
and doing the repair.
Restatement of Requirements of AD 93-01-11, With No Changes
(f) Unless already done, for Model BAe 146-100A, -200A, and -
300A series airplanes: Prior to the accumulation of 24,000 landings,
or within 60 days after March 2, 1993 (the effective date of AD 93-
01-11), whichever occurs later: Perform an X-ray inspection to
detect fatigue cracks in the left and right wing upper skins, joint
straps, and stringers in the vicinity of rib ``0,'' in accordance
with British Aerospace Inspection Service Bulletin 57-41, dated July
26, 1991. Doing the inspection required by paragraph (g)(1) of this
AD terminates the inspection required by this paragraph.
(1) If cracks are found, prior to further flight, repair in
accordance with a method approved by the Manager, Standardization
Branch, ANM-113, Transport Airplane Directorate, FAA; or the
Manager, International Branch, ANM-116, Transport Airplane
Directorate, FAA. As of the effective date of this AD, repair in
accordance with a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA. Thereafter,
repeat the inspection required by paragraph (f) of this AD at
intervals not to exceed 9,000 landings, in accordance with British
Aerospace Inspection Service Bulletin 57-41, dated July 26, 1991,
until the initial inspection required by paragraph (g)(1) of this AD
is accomplished.
(2) If no cracks are found, repeat the inspection required by
paragraph (f) of this AD at intervals not to exceed 9,000 landings,
in accordance with British Aerospace Inspection Service Bulletin 57-
41, dated July 26, 1991, until the initial inspection required by
paragraph (g)(1) of this AD is accomplished.
New Requirements of This AD
(g) Unless already done, do the following actions.
Note 1: The instructions of BAE Systems (Operations) Limited
Inspection Service Bulletin ISB.57-070, dated October 15, 2007,
which is the subject of this AD, are divided into two parts;
consequently, the statement in paragraph 1.C. of BAE Systems
(Operations) Limited Inspection Service Bulletin ISB.57-070, dated
October 15, 2007, that there are three parts is incorrect and can be
disregarded.
(1) At the applicable compliance time specified in paragraph
(g)(1)(i) or (g)(1)(ii) of this AD: Do an HFEC inspection of the
front and rear spar flanges, a detailed visual inspection of the
stringers, and a detailed visual inspection of the stringer crown
fittings, all at the rib ``0'' joint strap, for cracking and
corrosion, and do all applicable corrective actions, in accordance
with ``Part 1'' of paragraph 2.C., ``Inspection,'' of BAE Systems
(Operations) Limited Inspection Service Bulletin ISB.57-070, dated
October 15, 2007. Repeat the inspections thereafter at intervals not
to exceed 4,000 flight cycles. Do all applicable corrective actions
before further flight. Accomplishment of these initial inspections
terminates the inspections required by paragraphs (f), (f)(1), and
(f)(2) of this AD.
(i) For airplanes on which an inspection was not done in
accordance with Supplemental Structural Inspection (SSI) 57-10-101
(MPD 571001-DVI-10000-1) as of the effective date of this AD: Prior
to the accumulation of 20,000 total flight cycles, or within 4,000
flight cycles after the effective date of this AD, whichever occurs
later.
(ii) For airplanes on which an inspection was done in accordance
with SSI 57-10-101 (MPD 571001-DVI-10000-1) as of the effective date
of this AD: Within 3,000 flight cycles after the effective date of
this AD.
(2) At the applicable compliance time specified in paragraph
(g)(2)(i) or (g)(2)(ii) of this AD: Do detailed visual and HFEC
inspections to detect cracking and corrosion of the rib ``0'' strap,
a radiographic inspection of the rib ``0'' joint, and an ultrasonic
inspection of the skin at the rib ``0'' joint strap, and do all
applicable corrective actions, in accordance with ``PART 2'' of
paragraph 2.C. ``Inspection'' of BAE Systems (Operations) Limited
Inspection Service Bulletin ISB.57-070, dated October 15, 2007. Do
all applicable corrective actions before further flight. Repeat the
inspections thereafter at intervals not to exceed 4,000 flight
cycles.
(i) For airplanes on which an inspection was not done in
accordance with SSI 57-10-102 and 57-10-102A (MPD 571002-SDI-10000-1
and 571002-SDI-10000-2) as of the effective date of this AD: Before
the accumulation of 24,000 total flight cycles, or within 4,000
flight cycles after the effective date of this AD, whichever occurs
later.
(ii) For airplanes on which an inspection was done in accordance
with SSI 57-10-102 or 57-10-102A (MPD 571002-SDI-10000-1 or 571002-
SDI-10000-2) as of the effective date of this AD: Within 3,000
flight cycles after the effective date of this AD.
(3) Submit a report of the findings (both positive and negative)
of the initial inspections required by paragraphs (g)(1) and (g)(2)
of this AD to BAE Systems (Operations) Limited, at the applicable
time specified in paragraph (g)(3)(i) or (g)(3)(ii) of this AD. The
report must include the inspection results, a description of any
discrepancies found, the airplane serial number, and the number of
landings and flight hours on the airplane. Send reports to Customer
Liaison, Customer Support (Building 37), BAE SYSTEMS (Operations)
Limited, Prestwick International Airport, Ayrshire, KA9 2RW,
Scotland; fax +44 (0) 1292 675432; e-mail
[email protected].
(i) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
(ii) If the inspection was done before the effective date of
this AD: Submit the report within 30 days after the effective date
of this AD.
(4) Accomplishment of any repair does not constitute terminating
action for the inspection requirements of this AD.
FAA AD Differences
Note 2: This AD differs from the MCAI and/or service information
as follows: No differences.
Other FAA AD Provisions
(h) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, 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
(i) Refer to MCAI European Aviation Safety Agency (EASA)
Airworthiness Directive 2008-0168, dated September 2, 2008; British
Aerospace Inspection Service Bulletin 57-41, dated July 26, 1991;
and BAE Systems (Operations) Limited Inspection Service Bulletin
ISB.57-070, dated October 15, 2007; for related information.
[[Page 23571]]
Material Incorporated by Reference
(j) You must use British Aerospace Inspection Service Bulletin
57-41, dated July 26, 1991; and BAE Systems (Operations) Limited
Inspection Service Bulletin ISB.57-070, dated October 15, 2007; as
applicable; 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 BAE Systems (Operations) Limited
Inspection Service Bulletin ISB.57-070, dated October 15, 2007,
under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) The Director of the Federal Register previously approved the
incorporation by reference of British Aerospace Inspection Service
Bulletin 57-41, dated July 26, 1991, on March 2, 1993 (58 FR 6081,
January 26, 1993).
(3) For 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.
(4) 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.
(5) 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 April 22, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-9944 Filed 5-3-10; 8:45 am]
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