[Federal Register: May 7, 2009 (Volume 74, Number 87)]
[Proposed Rules]
[Page 21281-21284]
[DOCID:fr07my09-16]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0432; Directorate Identifier 2008-NM-168-AD]
RIN 2120-AA64

Airworthiness Directives; BAE Systems (Operations) Limited Model
BAe 146-100A and 146-200A Series 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:

    BAE Systems (Operations) Ltd has determined that in order to
assure the continued structural integrity of the horizontal
stabilizer lower skin and joint plates in the rib 1 area of certain
BAe 146 aircraft, a revised inspection programme for this area is
considered necessary. The disbonding of joints can lead to corrosion
which, if undetected, could result in degradation of the structural
integrity of the horizontal stabilizer.
* * * * *

    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 June 8, 2009.

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:<PHONE_NUMBER>.
     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 Regional Aircraft, 13850 McLearen Road, Herndon, Virginia
20171; telephone<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
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<PHONE_NUMBER> or<PHONE_NUMBER>.

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<PHONE_NUMBER>) 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<PHONE_NUMBER>.

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-2009-0432;
Directorate Identifier 2008-NM-168-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 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 2008-0167, dated September 2, 2008 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    BAE Systems (Operations) Ltd has determined that in order to
assure the continued structural integrity of the horizontal
stabilizer lower skin and joint plates in the rib 1 area of certain
BAe 146 aircraft, a revised inspection programme for this area is
considered necessary. The disbonding of joints can lead to
corrosion, which, if undetected, could result in degradation of the
structural integrity of the horizontal stabilizer.
    For the reasons described above, this EASA AD requires the
implementation of repetitive inspections and corrective actions,
depending on findings. It also provides an approved repair as
optional terminating action for the repetitive inspections.

    The repetitive inspections for damage of the left and right side of
the horizontal stabilizer lower skin and joint plates include a
detailed visual inspection for damage (including distortion, loose or
distorted fasteners, and corrosion) of the horizontal stabilizer lower
skin, a borescopic inspection for damage (including staining, debris
around the stringer and joint plate edges, cracked or broken stringers,
and distortion or corrosion in rivet holes) of the internal structure
of the horizontal stabilizer, and a low frequency eddy current
inspection for damage (including corrosion) of the horizontal
stabilizer lower skin. For airplanes on which no damage is found, the
required actions include drilling and reaming four holes and doing a
detailed visual inspection of the holes for distortion and corrosion.
Corrective actions include installing rivets, and contacting BAE
Systems (Operations) Limited for repair instructions and doing the
repair. Doing a repair of the horizontal stabilizer (which consists of
partially replacing the lower skin from the center line to inboard of
rib 3) ends the repetitive inspections.
    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.55-020, dated December 11, 2007; and Repair Instruction
Leaflet HC551H9061, Issue 3, dated January 31, 2008. 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
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 5 products of U.S. registry. We also estimate that
it would take about 9 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $3,600, or $720 per product.

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 (Formerly British Aerospace
Regional Aircraft): Docket No. FAA-2009-0432; Directorate Identifier
2008-NM-168-AD.

Comments Due Date

    (a) We must receive comments by June 8, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to BAE Systems (Operations) Limited Model
BAe 146-100A and 146-200A series airplanes, certificated in any
category, as identified in BAE Systems (Operations) Limited
Inspection Service Bulletin ISB.55-020, dated December 11, 2007.

Subject

    (d) Air Transport Association (ATA) of America Code 55:
Stabilizers.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    BAE Systems (Operations) Ltd has determined that in order to
assure the continued structural integrity of the horizontal
stabilizer lower skin and joint plates in the rib 1 area of certain
BAe 146 aircraft, a revised inspection programme for this area is
considered necessary. The disbonding of joints can lead to
corrosion, which, if undetected, could result in degradation of the
structural integrity of the horizontal stabilizer.
    For the reasons described above, this EASA AD requires the
implementation of repetitive inspections and corrective actions,
depending on findings. It also provides an approved repair as
optional terminating action for the repetitive inspections.
    The repetitive inspections for damage of the left and right side
of the horizontal stabilizer lower skin and joint plates include a
detailed visual inspection for damage (including distortion, loose
or distorted fasteners, and corrosion) of the horizontal stabilizer
lower skin, a borescopic inspection for damage (including staining,
debris around the stringer and joint plate edges, cracked or broken
stringers, and distortion or corrosion in rivet holes) of the
internal structure of the horizontal stabilizer, and a low frequency
eddy current inspection for damage (including corrosion) of the
horizontal stabilizer lower skin. For airplanes on which no damage
is found, the required actions include drilling and reaming four
holes and doing a detailed visual inspection of the holes for
distortion and corrosion. Corrective actions include installing
rivets, and contacting BAE Systems (Operations) Limited for repair
instructions and doing the repair. Doing a repair of the horizontal
stabilizer (which consists of partially replacing the lower skin
from the center line to inboard of rib 3) ends the repetitive
inspections.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 6 months after the effective date of this AD, inspect
for damage of the horizontal stabilizer lower skin and joint plates,
in accordance with paragraphs 2.C.(1) through 2.C.(3) of BAE Systems
(Operations) Limited Inspection Service Bulletin ISB.55-020, dated
December 11, 2007 (the ``service bulletin''); and, if no damage is
found, drill and ream four holes in accordance with paragraph
2.C.(4)(a) of the service bulletin, and do a detailed visual
inspection of the holes for distortion and corrosion, in accordance
with paragraph 2.C.(4)(b) of the service bulletin.
    (i) If any distortion or corrosion is found in any rivet hole,
before further flight, contact BAE Systems (Operations) Limited for
approved repair instructions and do the repair prior to the fitment
of the rivets.
    (ii) If no distortion and no corrosion is found, before further
flight, install the four rivets in accordance with paragraph
2.C.(4)(c) of the service bulletin.
    (2) Repeat the inspection for damage of the horizontal
stabilizer lower skin and joint plates required by paragraph (f)(1)
of this AD thereafter at intervals not to exceed 24 months.
    (3) If damage is found during any inspection required by
paragraph (f)(1) or (f)(2) of this AD, before further flight,
contact BAE Systems (Operations) Limited in accordance with
paragraph 2.C.(5) of BAE Systems (Operations) Limited Inspection
Service Bulletin ISB.55-020, dated December 11, 2007 (``the service
bulletin''), and accomplish an approved repair in accordance with
paragraph 2.C.(6) of the service bulletin.
    (4) Doing the repair of the horizontal stabilizer in accordance
with BAE Systems (Operations) Limited Repair Instruction Leaflet
(RIL) HC551H9061, Issue 3, dated January 31, 2008, on the left and
right sides of the horizontal stabilizer, terminates the repetitive
inspections required by paragraph (f)(2) of this AD.
    (5) Actions accomplished before the effective date of this AD
according to BAE Systems (Operations) Limited RIL HC551H9061, Issue
2, dated November 16, 2007, are considered acceptable for compliance
with the corresponding action specified in this AD.

FAA AD Differences

    Note:  This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (g) 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<PHONE_NUMBER>. 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.
    (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, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency (EASA)
Airworthiness Directive 2008-0167, dated September 2, 2008; BAE
Systems (Operations) Limited Service Bulletin ISB.55-020, dated
December 11, 2007; and BAE Systems (Operations) Limited Repair
Instruction Leaflet HC551H9061, Issue 3, dated January 31, 2008; for
related information.

    Issued in Renton, Washington, on May 1, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-10615 Filed 5-6-09; 8:45 am]

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