[Federal Register: March 30, 2005 (Volume 70, Number 60)]
[Proposed Rules]
[Page 16173-16175]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30mr05-26]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-20724; Directorate Identifier 2004-NM-233-AD]
RIN 2120-AA64
Airworthiness Directives; BAE Systems (Operations) Limited Model
BAe 146 Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain BAE Systems (Operations) Limited Model BAe 146 series
airplanes. This proposed AD would require repetitive inspections for
cracks of the fuselage pressure skin above the left and right main
landing gear (MLG) bay. This proposed AD also would require corrective
action, including related investigative actions, if leaks are found.
This proposed AD is prompted by reports of cracks in the fuselage
pressure skin above the left and right MLG bay. We are proposing this
AD to detect and correct fatigue cracking in the fuselage pressure skin
above the left and right MLG bay; such fatigue cracking could adversely
affect the structural integrity of the fuselage and its ability to
maintain pressure differential.
DATES: We must receive comments on this proposed AD by April 29, 2005.
ADDRESSES: Use one of the following addresses to submit comments on
this proposed AD.
DOT Docket web site: Go to http://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide rulemaking web site: Go to http://www.regulations.gov
and follow the instructions for sending your
comments electronically.
Mail: Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street SW, Nassif Building, room PL-401,
Washington, DC 20590.
By fax: (202) 493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street SW, 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
British Aerospace Regional Aircraft American Support, 13850 Mclearen
Road, Herndon, Virginia 20171.
You can examine the contents of this AD docket on the Internet at
http://dms.dot.gov, or in person at the Docket Management Facility,
U.S. Department of Transportation, 400 Seventh Street SW, room PL-401,
on the plaza level of the Nassif Building, Washington, DC. This docket
number is FAA-2005-20724; the directorate identifier for this docket is
2004-NM-233-AD.
FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-1175; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to submit any relevant written data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2005-20724;
Directorate Identifier 2004-NM-233-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the proposed AD. We will
consider all comments submitted by the closing date and may amend the
proposed AD in light of those comments.
We will post all comments we receive, without change, to http://dms.dot.gov
, including any personal information you provide. We will
also post a report summarizing each substantive verbal contact with FAA
personnel concerning this proposed AD. Using the search function of our
docket website, anyone can find and read the comments in any of our
dockets, including the name of the individual who sent the comment (or
signed the comment on behalf of an association, business, labor union,
etc.). You can review the DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78), or you
can visit http://dms.dot.gov.
Examining the Docket
You can examine the AD docket on the Internet at http://dms.dot.gov
, or in person at the Docket Management Facility office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT
street address stated in the ADDRESSES section. Comments will be
available in the AD docket shortly after the DMS receives them.
Discussion
The Civil Aviation Authority (CAA), which is the airworthiness
authority for the United Kingdom, notified us that an unsafe condition
may exist on certain BAE Systems (Operations) Limited Model BAe 146
series airplanes. The CAA advises that significant cracking in the
fuselage pressure skin above the main landing gear (MLG) bay has been
reported following unrelated maintenance. The published inspection
technique does not guarantee that any damage will be detected. This
condition, if not corrected, could adversely affect the structural
integrity of the fuselage and its ability to maintain pressure
differential.
Relevant Service Information
BAE Systems (Operations) Limited has issued Inspection Service
Bulletin 53-170, dated August 8, 2003. The service bulletin describes
procedures for repetitive inspections for cracks of the fuselage
pressure skin above the left and right main landing gear (MLG) bay; and
for corrective action, including related investigative actions, if
necessary. The inspections for cracks include listening for air leaks
and doing a visual check for air leaks. The corrective action includes
repairing any crack found during the inspections for air leaks and
contacting the manufacturer if the crack exceeds the limit specified in
the service bulletin. The related investigative actions include doing a
detailed visual and fluorescent dye penetrant or eddy current
inspection for cracking on the fuselage pressure skin. If any cracking
is found during the related investigative actions, the service bulletin
specifies to report the findings to BAe Systems. The service bulletin
also specifies that
[[Page 16174]]
accomplishing BAe Modification HCM00972C ends the inspections.
Accomplishing the actions specified in the service information is
intended to adequately address the unsafe condition. The CAA mandated
the service information and issued British airworthiness directive G-
2004-0004, dated February 26, 2004, to ensure the continued
airworthiness of these airplanes in the United Kingdom.
FAA's Determination and Requirements of the Proposed AD
This airplane model is manufactured in the United Kingdom and is
type certificated for operation in the United States under the
provisions of Sec. 21.29 of the Federal Aviation Regulations (14 CFR
21.29) and the applicable bilateral airworthiness agreement. Pursuant
to this bilateral airworthiness agreement, the CAA has kept the FAA
informed of the situation described above. We have examined the CAA's
findings, evaluated all pertinent information, and determined that we
need to issue an AD for products of this type design that are
certificated for operation in the United States.
Therefore, we are proposing this AD, which would require
accomplishing the actions specified in the service information
described previously, except as discussed under ``Differences Between
the Proposed AD and the Service Bulletin.''
Differences Between the Proposed AD and the Service Bulletin
The service bulletin specifies that you may contact the
manufacturer for instructions on how to repair certain conditions, but
this proposed AD would require you to repair those conditions using a
method that we or the Civil Aviation Authority (or its delegated agent)
approve. In light of the type of repair that would be required to
address the unsafe condition, and consistent with existing bilateral
airworthiness agreements, we have determined that, for this proposed
AD, a repair we or the Civil Aviation Authority (or its delegated
agent) approve would be acceptable for compliance with this proposed
AD.
Operators should note that, although the Accomplishment
Instructions of the service bulletin describe procedures for submitting
findings to the manufacturer, this proposed AD would not require that
action.
Although the service bulletin specifies that accomplishing BAe
Modification HCM00972C ends the inspections, we have not included a
terminating modification in the proposed AD. We have determined that
the modification does not contain substantive information about the
modification and will vary among operators. Operators may request an
alternative method of compliance (AMOC) according to the provisions of
paragraph (j) of the proposed AD, if sufficient data are included to
justify that the AMOC would provide an acceptable level of safety.
Costs of Compliance
The following table provides the estimated costs for U.S. operators
to comply with this proposed AD.
Estimated Costs
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Number of U.S.-
Action Work hours Average labor Parts Cost per registered Fleet cost
rate per hour airplane airplanes
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Inspection, per inspection cycle.......................... 7 $65 $0 $455 18 \1\ 8,190
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\1\ Per inspection cycle.
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 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 that the 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. 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, 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
airworthiness directive (AD):
BAE Systems (Operations) Limited (Formerly British Aerospace
Regional Aircraft): Docket No. FAA-2005-20724; Directorate
Identifier 2004-NM-233-AD.
Comments Due Date
(a) The Federal Aviation Administration must receive comments on
this AD action by April 29, 2005.
Affected ADs
(b) None.
[[Page 16175]]
Applicability
(c) This AD applies to BAE Systems (Operations) Limited Model
BAe 146 series airplanes, certificated in any category; except those
on which BAe Modification HCM00972A or HCM00972C has been
accomplished.
Unsafe Condition
(d) This AD was prompted by reports of cracks in the fuselage
pressure skin above the left and right main landing gear (MLG) bay.
We are issuing this AD to detect and correct fatigue cracking in the
fuselage pressure skin above the left and right MLG bay; such
fatigue cracking could adversely affect the structural integrity of
the fuselage and its ability to maintain pressure differential.
Compliance
(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Initial and Repetitive Inspections
(f) At the times specified in Table 1 of this AD, inspect the
fuselage pressure skin above the left and right MLG bay for cracks
in accordance with the Accomplishment Instructions of BAE Systems
(Operations) Limited Service Bulletin 53-170, dated August 8, 2003.
Table 1.--Compliance Times
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And do repetitive
For airplanes listed in Do initial inspections
paragraph (c) of this AD-- inspections-- thereafter--
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On which neither BAe Prior to the At intervals not
modification HCM00744M nor accumulation of to exceed 1,000
HCM00850A has been accomplished. 15,000 total flight cycles.
flight cycles or
within 500 flight
cycles after the
effective date of
this AD,
whichever occurs
later.
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On which neither BAe Prior to the At intervals not
modification HCM00744M nor accumulation of to exceed 3,000
HCM00850A has been accomplished. 15,000 total flight cycles.
flight cycles or
within 1,000
flight cycles
after the
effective date of
this AD,
whichever occurs
later.
---------------------------------
On which both BAe modification
HCM00744M nor HCM00850A has
been accomplished.
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Corrective Action
(g) If any crack is found during any inspection required by
paragraph (f) of this AD, do the corrective action and any related
investigative actions, in accordance with the Accomplishment
Instructions of BAE Systems (Operations) Limited Service Bulletin
53-170, dated August 8, 2003, except as required by paragraph (h) of
this AD.
(h) If any cracking is found during any inspection or related
investigative action required by this AD, and the service bulletin
recommends contacting BAe Systems for appropriate action: Before
further flight, repair the cracks according to a method approved by
the Manager, International Branch, ANM-116, FAA, Transport Airplane
Directorate, or the Civil Aviation Authority (or its delegated
agent).
No Reporting
(i) Although the service bulletin referenced in this AD
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.
Alternative Methods of Compliance (AMOCs)
(j) The Manager, International Branch, ANM-116, has the
authority to approve AMOCs for this AD, if requested in accordance
with the procedures found in 14 CFR 39.19.
Related Information
(k) British airworthiness directive G-2004-0004, dated February
26, 2004, also addresses the subject of this AD.
Issued in Renton, Washington, on March 17, 2005.
Jeffery E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-6249 Filed 3-29-05; 8:45 am]
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