[Federal Register Volume 76, Number 47 (Thursday, March 10, 2011)]
[Rules and Regulations]
[Pages 13069-13072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5115]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2011-0150; Directorate Identifier 2010-NM-100-AD;
Amendment 39-16619; AD 2011-05-10]
RIN 2120-AA64
Airworthiness Directives; BAE Systems (Operations) Limited Model
ATP Airplanes; BAE Systems (Operations) Limited Model HS 748 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for comments.
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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:
* * * * *
Recently, during a walk round check, an operator found an
aileron trim tab hinge pin that had migrated sufficiently to cause a
rubbing foul on the flap. Other reports indicate that, for the
purposes of expediency, it has become common practice during
maintenance when replacing a control tab, instead of unbolting the
forward part of the piano hinge from the primary control surface,
the hinge pins are punched out of the hinges. Investigations have
concluded that, after reinserting the pins after maintenance, the
ends of the hinges may not have been pinched, which is likely to
have been the cause of the detected hinge pin migration.
This condition [non-pinched hinge pin ends], if not detected and
corrected, could lead to further incidents of migration of a tab
[[Page 13070]]
hinge pin out of the hinge, likely resulting in restricted movement
of the tab control and consequent reduced control of the aeroplane.
This AD requires actions that are intended to address the unsafe
condition described in the MCAI.
DATES: This AD becomes effective March 25, 2011.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of March 25,
2011.
We must receive comments on this AD by April 25, 2011.
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.
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 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; phone: 425-227-
1175; fax: 425-227-1149.
SUPPLEMENTARY INFORMATION:
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 2010-0035, dated March 4, 2010 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:
Early in the life of the ATP (circa 1989), a report was received
that a control surface hinge pin had migrated out of position,
causing a rubbing contact. BAE Systems responded by issuing SB ATP-
27-11, describing a one-time inspection of the hinge pins, which was
classified mandatory by UK CAA AD 006-06-89. Both SB and AD were
subsequently cancelled in 1990. The HS.748 and the ATP secondary
controls are similar in these areas, although no action was taken on
the HS.748 fleet at that time.
Recently, during a walk round check, an operator found an
aileron trim tab hinge pin that had migrated sufficiently to cause a
rubbing foul on the flap. Other reports indicate that, for the
purposes of expediency, it has become common practice during
maintenance when replacing a control tab, instead of unbolting the
forward part of the piano hinge from the primary control surface,
the hinge pins are punched out of the hinges.
Investigations have concluded that, after reinserting the pins
after maintenance, the ends of the hinges may not have been pinched,
which is likely to have been the cause of the detected hinge pin
migration.
This condition [non-pinched hinge pin ends], if not detected and
corrected, could lead to further incidents of migration of a tab
hinge pin out of the hinge, likely resulting in restricted movement
of the tab control and consequent reduced control of the aeroplane.
For the reasons described above, this AD requires the [detailed]
inspection of aileron and rudder tab piano hinge pins [for length
and end pinching] and, depending on findings, the necessary
corrective actions.
Corrective actions include cutting the hinge pin to specified size, and
pinching the piano hinge ends sufficient to prevent the piano hinge pin
from migrating from the piano hinge. You may obtain further information
by examining the MCAI in the AD docket.
Relevant Service Information
BAE Systems (Operations) Limited has issued Service Bulletin ATP-
27-090, dated April 14, 2009; and Service Bulletin HS748-27-136, dated
April 14, 2009. 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 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 issuing this AD because we
evaluated all pertinent information and determined the unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
There are no products of this type currently registered in the
United States. However, this rule is necessary to ensure that the
described unsafe condition is addressed if any of these products are
placed on the U.S. Register in the future.
Differences Between the 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 FAA policies. Any such differences are
highlighted in a Note within the AD.
FAA's Determination of the Effective Date
Since there are currently no domestic operators of this product,
notice and opportunity for public comment before issuing this AD are
unnecessary.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2011-0150; Directorate
Identifier 2010-NM-100-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
those comments.
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 AD.
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.
[[Page 13071]]
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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
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:
2011-05-10 BAE Systems (Operations) Limited: Amendment 39-16619.
Docket No. FAA-2011-0150; Directorate Identifier 2010-NM-100-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective March
25, 2011.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all BAE Systems (Operations) Limited
Model ATP airplanes and BAE Systems (Operations) Limited Model HS
748 series 2A and series 2B airplanes; certificated in any category.
Subject
(d) Air Transport Association (ATA) of America Code 27: Flight
Controls.
Reason
(e) The mandatory continued airworthiness information (MCAI)
states:
* * * * *
Recently, during a walk round check, an operator found an
aileron trim tab hinge pin that had migrated sufficiently to cause a
rubbing foul on the flap. Other reports indicate that, for the
purposes of expediency, it has become common practice during
maintenance when replacing a control tab, instead of unbolting the
forward part of the piano hinge from the primary control surface,
the hinge pins are punched out of the hinges. Investigations have
concluded that, after reinserting the pins after maintenance, the
ends of the hinges may not have been pinched, which is likely to
have been the cause of the detected hinge pin migration.
This condition [non-pinched hinge pin ends], if not detected and
corrected, could lead to further incidents of migration of a tab
hinge pin out of the hinge, likely resulting in restricted movement
of the tab control and consequent reduced control of the aeroplane.
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.
Inspection and Corrective Action
(g) Within 90 days after the effective date of this AD: Do a
detailed inspection of the aileron and rudder tab piano hinge pins
to determine that each piano hinge pin is 0.120 inch (3.00 mm)
shorter than the piano hinge at each end; and that the piano hinge
ends have been pinched sufficiently to prevent the piano hinge
migrating from the piano hinge, in accordance with the
Accomplishment Instructions of BAE Systems (Operations) Limited
Service Bulletin ATP-27-090, dated April 14, 2009; or BAE Systems
(Operations) Limited Service Bulletin HS748-27-136, dated April 14,
2009, as applicable.
(1) If any piano hinge pin is not 0.120 inch (3.00 mm) shorter
than the piano hinge at each end, before further flight, cut to
size, in accordance with Accomplishment Instructions of BAE Systems
(Operations) Limited Service Bulletin ATP-27-090, dated April 14,
2009; or BAE Systems (Operations) Limited Service Bulletin HS748-27-
136, dated April 14, 2009; as applicable.
(2) If any piano hinge pin is not pinched sufficiently to
prevent the piano hinge migrating from the piano hinge, before
further flight, pinch the hinge, in accordance with Accomplishment
Instructions of BAE Systems (Operations) Limited Service Bulletin
ATP-27-090, dated April 14, 2009; or BAE Systems (Operations)
Limited Service Bulletin HS748-27-136, dated April 14, 2009; as
applicable.
FAA AD Differences
Note 1: 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, 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; phone: 425-227-1175; fax: 425-227-1149.
Information may be e-mailed to: [email protected].
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding 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.
Related Information
(i) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2010-0035, dated March 04, 2010;
BAE Systems (Operations) Limited Service Bulletin ATP-27-090, dated
April 14, 2009; and BAE Systems (Operations) Limited Service
Bulletin HS748-27-136, dated April 14, 2009; for related
information.
Material Incorporated by Reference
(j) You must use BAE Systems (Operations) Limited Service
Bulletin ATP-27-090, dated April 14, 2009; or BAE Systems
(Operations) Limited Service Bulletin HS748-27-136, dated April 14,
2009; 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 this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact BAE
Systems (Operations) Limited, Customer Information Department,
Prestwick International Airport, Ayrshire, KA9 2RW, Scotland, United
Kingdom; telephone +44 1292 675207; fax +44 1292
[[Page 13072]]
675704; e-mail [email protected]; Internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm.
(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 February 22, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-5115 Filed 3-9-11; 8:45 am]
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