Airworthiness Directives; BAE Systems (Operations) Limited Model ATP Airplanes, 52418-52421 [E6-14631]
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Federal Register / Vol. 71, No. 172 / Wednesday, September 6, 2006 / Rules and Regulations
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 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 that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
(2) Is not a ‘‘significant rule’’ under
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.
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, 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:
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I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
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Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The Federal Aviation
Administration (FAA) amends § 39.13
by adding the following new
airworthiness directive (AD):
I
2006–18–07 Empresa Brasileira De
Aeronautica S.A. (EMBRAER):
Amendment 39–14745. Docket No.
FAA–2005–22125; Directorate Identifier
2005–NM–130–AD.
Effective Date
(a) This AD becomes effective October 11,
2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to EMBRAER Model
ERJ 170–100 LR, –100 STD, –100 SE, and
–100 SU airplanes, certificated in any
category; as identified in EMBRAER Service
Bulletin 170–23–0005, dated December 29,
2004.
Unsafe Condition
(d) This AD results from a report of the loss
of all voice communications due to a
lightning strike damaging all the very high
frequency (VHF) antennas. We are issuing
this AD to prevent the loss of voice
communication, which, when combined with
the complexity of the national airspace
system, could result in reduced flightcrew
situational awareness, increased flightcrew
workload, and increased risk of human error,
and consequent reduced ability to maintain
safe flight and landing of the airplane.
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.
Modification
(f) Within 700 flight hours after the
effective date of this AD, replace the VHF
antenna located in position 1 of the fuselage
with a new, improved VHF antenna in
accordance with the Accomplishment
Instructions of EMBRAER Service Bulletin
170–23–0005, dated December 29, 2004.
Alternative Methods of Compliance
(AMOCs)
(g)(1) The Manager, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, has the authority to approve AMOCs
for this AD, if requested in accordance with
the procedures found in 14 CFR 39.19.
(2) Before using any AMOC approved in
accordance with 14 CFR 39.19 on any
airplane to which the AMOC applies, notify
the appropriate principal inspector in the
FAA Flight Standards Certificate Holding
District Office.
Related Information
(h) Brazilian airworthiness directive 2005–
04–04, effective April 30, 2005, also
addresses the subject of this AD.
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Material Incorporated by Reference
(i) You must use EMBRAER Service
Bulletin 170–23–0005, dated December 29,
2004, to perform the actions that are required
by this AD, unless the AD specifies
otherwise. The Director of the Federal
Register approved the incorporation by
reference of this document in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51.
Contact Empresa Brasileira de Aeronautica
S.A. (EMBRAER), P.O. Box 343—CEP 12.225,
Sao Jose dos Campos—SP, Brazil, for a copy
of this service information. You may review
copies at the Docket Management Facility,
U.S. Department of Transportation, 400
Seventh Street, SW., Room PL–401, Nassif
Building, Washington, DC; on the Internet at
https://dms.dot.gov; or at the National
Archives and Records Administration
(NARA). For information on the availability
of this material at the NARA, call (202) 741–
6030, or go to
https://www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on August
23, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E6–14637 Filed 9–5–06; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2006–25721; Directorate
Identifier 2006–NM–132–AD; Amendment
39–14748; AD 2006–18–09]
RIN 2120–AA64
Airworthiness Directives; BAE
Systems (Operations) Limited Model
ATP Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for
comments.
AGENCY:
SUMMARY: The FAA is superseding an
existing airworthiness directive (AD),
which applies to all BAe Systems
(Operations) Limited Model ATP
airplanes. That AD currently requires
revising the Airworthiness Limitations
Section (ALS) of the Instructions for
Continued Airworthiness (ICA) to
incorporate life limits for certain items
and inspections to detect fatigue
cracking in certain structures; to
incorporate new inspections to detect
fatigue cracking of certain significant
structural items (SSIs); and to revise life
limits for certain equipment and various
components. This new AD requires
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Federal Register / Vol. 71, No. 172 / Wednesday, September 6, 2006 / Rules and Regulations
revising the ALS of the ICA to include
additional and revised inspections of
the fuselage. This AD results from the
manufacturer review of fatigue test
results that identified additional and
revised inspections of the fuselage that
are necessary in order to ensure the
continued structural integrity of the
airplane. We are issuing this AD to
detect and correct fatigue cracking of
certain structural elements, which could
result in reduced structural integrity of
the airplane and consequent rapid
decompression of the airplane.
DATES: This AD becomes effective
September 21, 2006.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in the AD
as of September 21, 2006.
We must receive comments on this
AD by November 6, 2006.
ADDRESSES: Use one of the following
addresses to submit comments on this
AD.
• DOT Docket Web site: Go to https://
dms.dot.gov and follow the instructions
for sending your comments
electronically.
• Government-wide rulemaking Web
site: Go to https://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.
• 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.
Contact British Aerospace Regional
Aircraft American Support, 13850
Mclearen Road, Herndon, Virginia
20171, for service information identified
in this AD.
FOR FURTHER INFORMATION CONTACT:
Todd Thomspon, Aerospace Engineer,
International Branch, ANM–116, FAA,
Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington
98057–3356; telephone (425) 227–1175;
fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
Discussion
On September 6, 2005, we issued AD
2005–19–03, amendment 39–14268 (70
FR 57126, September 30, 2005), for all
BAe Systems (Operations) Limited
Model ATP airplanes. That AD requires
revising the Airworthiness Limitations
Section (ALS) of the Instructions for
Continued Airworthiness to incorporate
life limits for certain items and
inspections to detect fatigue cracking in
certain structures. That AD also requires
revising the ALS of the Instructions for
Continued Airworthiness to incorporate
new inspections to detect fatigue
cracking of certain significant structural
items (SSIs) and to revise life limits for
certain equipment and various
components. That AD resulted from a
determination that existing inspection
techniques are not adequate for certain
SSIs and by the revision of certain life
limits. We issued that AD to detect and
correct fatigue cracking of certain
structural elements, which could
adversely affect the structural integrity
of these airplanes.
Actions Since Existing AD Was Issued
Since we issued AD 2005–19–03, the
European Aviation Safety Agency
(EASA), which is the airworthiness
authority for European Union, notified
us that an unsafe condition may exist on
all BAE Systems (Operations) Limited
Model ATP airplanes. The EASA
advises that a manufacturer review of
fatigue test results identified additional
and revised inspections for the fuselage
that are necessary in order to ensure the
continued structural integrity of the
airplane. Inadequate inspection
techniques or replacement intervals
could result in fatigue cracking of
certain structural elements, which could
result in reduced structural integrity of
the airplane and consequent rapid
decompression of the airplane.
Relevant Service Information
BAE Systems (Operations) Limited
has issued Service Bulletin ATP–51–
002, dated December 20, 2005. The
service bulletin describes structural
inspections of the fuselage for cracking,
among other actions. The service
bulletin describes additional
inspections and revises the compliance
times of certain existing inspections.
The service bulletin also specifies
repairs if necessary. Accomplishing the
actions specified in the service
information is intended to adequately
address the unsafe condition. The EASA
52419
mandated the service information and
issued airworthiness directive 2006–
0090, dated April 20, 2006, to ensure
the continued airworthiness of these
airplanes in the European Union.
FAA’s Determination and Requirements
of This AD
This airplane model is manufactured
in the United Kingdom and are type
certificated for operation in the United
States under the provisions of section
21.29 of the Federal Aviation
Regulations (14 CFR 21.29) and the
applicable bilateral airworthiness
agreement. As described in FAA Order
8100.14A, ‘‘Interim Procedures for
Working with the European Community
on Airworthiness Certification and
Continued Airworthiness,’’ dated
August 12, 2005, the EASA has kept the
FAA informed of the situation described
above. We have examined the EASA’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 issuing this AD to
detect and correct fatigue cracking of
certain structural elements, which could
result in reduced structural integrity of
the airplane and consequent rapid
decompression of the airplane. This AD
supersedes AD 2005–19–03 and retains
the requirements of the existing AD.
This AD also requires revising the ALS
of the Instructions for Continued
Airworthiness to include new and
revised inspections of the fuselage
specified in the service bulletin
described previously.
Costs of Compliance
None of the airplanes affected by this
action are on the U.S. Register. All
airplanes affected by this AD are
currently operated by non-U.S.
operators under foreign registry;
therefore, they are not directly affected
by this AD action. However, we
consider this AD necessary to ensure
that the unsafe condition is addressed if
any affected airplane is imported and
placed on the U.S. Register in the future.
The following table provides the
estimated costs to comply with this AD
for any affected airplane that might be
imported and placed on the U.S.
Register in the future.
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ESTIMATED COSTS
Action
Work
hours
Average
labor rate
per hour
Cost per
airplane
ALS Revisions ...................................................................................................................................................
1
$80
$80
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Federal Register / Vol. 71, No. 172 / Wednesday, September 6, 2006 / Rules and Regulations
FAA’s Determination of the Effective
Date
No airplane affected by this AD is
currently on the U.S. Register.
Therefore, providing notice and
opportunity for public comment is
unnecessary before this AD is issued,
and this AD may be made effective in
less than 30 days after it is published in
the Federal Register.
Comments Invited
This AD is a final rule that involves
requirements that affect flight safety and
was not preceded by notice and an
opportunity for public comment;
however, we invite you to submit any
relevant written data, views, or
arguments regarding this AD. Send your
comments to an address listed in the
ADDRESSES section. Include ‘‘Docket No.
FAA–2006–25721; Directorate Identifier
2006–NM–132–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of the AD that might suggest a
need to modify it.
We will post all comments we
receive, without change, to https://
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 AD. Using the
search function of that Web site, 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 may review the DOT’s complete
Privacy Act Statement in the Federal
Register published on April 11, 2000
(65 FR 19477–78), or you may visit
https://dms.dot.gov.
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Examining the Docket
You may examine the AD docket on
the Internet at https://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 Docket
Management System receives them.
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
VerDate Aug<31>2005
16:42 Sep 05, 2006
Jkt 205001
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 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 that the 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 AD and placed it in the AD docket.
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, 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:
I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The Federal Aviation
Administration (FAA) amends § 39.13
by removing amendment 39–14268 (70
FR 57126, September 30, 2005) and by
I
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adding the following new airworthiness
directive (AD):
2006–18–09 BAE Systems (Operations)
Limited (Formerly British Aerospace
Regional Aircraft): Amendment 39–
14748. Docket No. FAA–2006–25721;
Directorate Identifier 2006–NM–132–AD.
Effective Date
(a) This AD becomes effective September
21, 2006.
Affected ADs
(b) This AD supersedes AD 2005–19–03.
Applicability
(c) This AD applies to all BAE Systems
(Operations) Limited Model ATP airplanes,
certificated in any category.
Note 1: This AD requires revisions to
certain operator maintenance documents to
include new and revised inspections.
Compliance with these inspections is
required by 14 CFR 91.403(c). For airplanes
that have been previously modified, altered,
or repaired in the areas addressed by these
inspections, the operator may not be able to
accomplish the inspections described in the
revisions. In this situation, to comply with 14
CFR 91.403(c), the operator must request
approval for an alternative method of
compliance according to paragraph (k) of this
AD. The request should include a description
of changes to the required inspections that
will ensure the continued damage tolerance
of the affected structure. The FAA has
provided guidance for this determination in
Advisory Circular (AC) 25–1529.
Unsafe Condition
(d) This AD results from the manufacturer
review of fatigue test results that identified
additional and revised inspections for the
fuselage that are necessary in order to ensure
the continued structural integrity of the
airplane. We are issuing this AD to detect
and correct fatigue cracking of certain
structural elements, which could result in
reduced structural integrity of the airplane
and consequent rapid decompression of the
airplane.
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.
Restatement of Requirements of AD 2005–
19–03
Airworthiness Limitations Revision Specified
in AD 2000–26–10
(f) Within 30 days after February 7, 2001
(the effective date of AD 2000–26–10,
amendment 39–12060), revise the
Airworthiness Limitations section (ALS) of
the Instructions for Continued Airworthiness
according to a method approved by the
Manager, International Branch, ANM–116,
Transport Airplane Directorate, FAA. One
approved method is by incorporating Section
05–00–00, dated August 15, 1997, of the
British Aerospace ATP Aircraft Maintenance
Manual (AMM), dated October 15, 1999, into
the ALS. This section references other
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chapters of the AMM. The applicable
revision level of the referenced chapters is
that in effect on February 7, 2001. Doing the
revision specified in paragraph (g) of this AD
replaces Chapters 27, 32, 53, and 54 listed in
Section 05–10–11 and Chapters 52, 53, 54,
55, and 57 listed in Section 05–10–17 that are
in effect on February 7, 2001, with Chapters
27, 32, 53, and 54 listed in Section 05–10–
11, ‘‘Mandatory Life Limitations (Airframe)’’;
and Chapters 52, 53, 54, 55, and 57 listed in
Section 05–10–17, ‘‘Structurally Significant
Items (SSIs)’’; both dated July 15, 2004; of the
British Aerospace ATP AMM.
Airworthiness Limitations Specified in AD
2005–19–03
(g) Within 30 days after September 28,
2005 (the effective date of AD 2005–19–03),
revise the ALS of the Instructions for
Continued Airworthiness according to a
method approved by the Manager,
International Branch, ANM–116, Transport
Airplane Directorate, FAA. One approved
method is by incorporating the tasks for
Chapters 27, 32, 53, and 54 listed in Section
05–10–11, ‘‘Mandatory Life Limitations
(Airframe)’’; and the tasks for Chapters 52,
53, 54, 55, and 57 listed in Section 05–10–
17, ‘‘Structurally Significant Items (SSIs)’’;
both dated July 15, 2004; of the British
Aerospace ATP AMM; into the ALS. These
chapters replace the corresponding chapters
in Section 05–00–00, dated August 15, 1997,
of the British Aerospace ATP AMM as
specified in paragraph (f) of this AD. Doing
the revision specified in paragraph (h) of this
AD replaces certain Chapter 52 and 53 tasks
listed in Section 05–10–17, ‘‘Structurally
Significant Items (SSIs)’’, dated July 15, 2004,
of the British Aerospace ATP AMM, with the
corresponding Chapter 52 and 53 tasks listed
BAE Systems (Operations) Limited Service
Bulletin ATP–51–002, dated December 20,
2005.
New Requirements of This AD
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New and Revised Airworthiness Limitations
(h) Within 30 days after the effective date
of this AD, revise the ALS of the Instructions
for Continued Airworthiness by
incorporating the new and revised tasks for
Chapters 52 and 53 as specified in BAE
Systems (Operations) Limited Service
Bulletin ATP–51–002, dated December 20,
2005, into the ALS. The revised Chapter 52
and 53 tasks replace the corresponding
Chapter 52 and 53 tasks in Section 05–10–
17, ‘‘Structurally Significant Items (SSIs)’’,
dated July 15, 2004, of the British Aerospace
ATP AMM, as specified in paragraph (g) of
this AD.
(i) Except as provided by paragraph (k) of
this AD: After the actions specified in
paragraphs (f), (g), and (h) of this AD have
been accomplished, no alternative
inspections or inspection intervals may be
approved for the structural elements
specified in the documents listed in
paragraphs (f), (g), and (h) of this AD.
No Reporting Required
(j) Although BAE Systems (Operations)
Limited Service Bulletin ATP–51–002, dated
December 20, 2005, specifies to submit
certain information to the manufacturer, this
AD does not include that requirement.
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16:42 Sep 05, 2006
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Alternative Methods of Compliance (AMOCs)
(k)(1) The Manager, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, has the authority to approve AMOCs
for this AD, if requested in accordance with
the procedures found in 14 CFR 39.19.
(2) Before using any AMOC approved in
accordance with § 39.19 on any airplane to
which the AMOC applies, notify the
appropriate principal inspector in the FAA
Flight Standards Certificate Holding District
Office.
Related Information
(l) British airworthiness directive G–2004–
0020, dated August 25, 2004, and European
Aviation Safety Agency (EASA)
airworthiness directive 2006–0090, dated
April 20, 2006, also address the subject of
this AD.
Material Incorporated by Reference
(m) You must use BAE Systems
(Operations) Limited Service Bulletin ATP–
51–002, dated December 20, 2005, to perform
the actions that are required by this AD,
unless the AD specifies otherwise. The
Director of the Federal Register approved the
incorporation by reference of this document
in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. Contact British Aerospace Regional
Aircraft American Support, 13850 Mclearen
Road, Herndon, Virginia 20171, for a copy of
this service information. You may review
copies at the Docket Management Facility,
U.S. Department of Transportation, 400
Seventh Street, SW., Room PL–401, Nassif
Building, Washington, DC; on the Internet at
https://dms.dot.gov; or at the National
Archives and Records Administration
(NARA). For information on the availability
of this material at the NARA, call (202) 741–
6030, or go to https://www.archives.gov/
federal_register/code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on August
23, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E6–14631 Filed 9–5–06; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2006–24199; Directorate
Identifier 2006–NM–025–AD; Amendment
39–14744; AD 2006–18–06]
RIN 2120–AA64
Airworthiness Directives; Airbus Model
A318, A319, A320, and A321 Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
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52421
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for certain
Airbus Model A318, A319, A320, and
A321 airplanes. This AD requires
revising the Limitations section of the
airplane flight manual (AFM);
performing a one-time hardness test of
certain ribs of the left- and right-hand
engine pylons, as applicable, which
would terminate the AFM limitations;
and performing related corrective
actions if necessary. This AD results
from a report that certain stainless steel
ribs installed in the engine pylon may
not have been heat-treated during
manufacture, which could result in
significantly reduced structural integrity
of the pylon. We are issuing this AD to
detect and correct reduced structural
integrity of the engine pylon, which
could lead to separation of the engine
from the airplane.
DATES: This AD becomes effective
October 11, 2006.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in the AD
as of October 11, 2006.
ADDRESSES: You may examine the AD
docket on the Internet at https://
dms.dot.gov or in person at the Docket
Management Facility, U.S. Department
of Transportation, 400 Seventh Street,
SW., Nassif Building, Room PL–401,
Washington, DC.
Contact Airbus, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France,
for service information identified in this
AD.
FOR FURTHER INFORMATION CONTACT: Tim
Dulin, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 227–2141; fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
Examining the Docket
You may examine the airworthiness
directive (AD) docket on the Internet at
https://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 street address stated in the
ADDRESSES section.
Discussion
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to certain Airbus Model A318,
A319, A320, and A321 airplanes. That
NPRM was published in the Federal
E:\FR\FM\06SER1.SGM
06SER1
]]>Agencies
[Federal Register Volume 71, Number 172 (Wednesday, September 6, 2006)]
[Rules and Regulations]
[Pages 52418-52421]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-14631]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-25721; Directorate Identifier 2006-NM-132-AD;
Amendment 39-14748; AD 2006-18-09]
RIN 2120-AA64
Airworthiness Directives; BAE Systems (Operations) Limited Model
ATP Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The FAA is superseding an existing airworthiness directive
(AD), which applies to all BAe Systems (Operations) Limited Model ATP
airplanes. That AD currently requires revising the Airworthiness
Limitations Section (ALS) of the Instructions for Continued
Airworthiness (ICA) to incorporate life limits for certain items and
inspections to detect fatigue cracking in certain structures; to
incorporate new inspections to detect fatigue cracking of certain
significant structural items (SSIs); and to revise life limits for
certain equipment and various components. This new AD requires
[[Page 52419]]
revising the ALS of the ICA to include additional and revised
inspections of the fuselage. This AD results from the manufacturer
review of fatigue test results that identified additional and revised
inspections of the fuselage that are necessary in order to ensure the
continued structural integrity of the airplane. We are issuing this AD
to detect and correct fatigue cracking of certain structural elements,
which could result in reduced structural integrity of the airplane and
consequent rapid decompression of the airplane.
DATES: This AD becomes effective September 21, 2006.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of September 21,
2006.
We must receive comments on this AD by November 6, 2006.
ADDRESSES: Use one of the following addresses to submit comments on
this AD.
DOT Docket Web site: Go to https://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to https://
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.
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.
Contact British Aerospace Regional Aircraft American Support, 13850
Mclearen Road, Herndon, Virginia 20171, for service information
identified in this AD.
FOR FURTHER INFORMATION CONTACT: Todd Thomspon, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1175; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Discussion
On September 6, 2005, we issued AD 2005-19-03, amendment 39-14268
(70 FR 57126, September 30, 2005), for all BAe Systems (Operations)
Limited Model ATP airplanes. That AD requires revising the
Airworthiness Limitations Section (ALS) of the Instructions for
Continued Airworthiness to incorporate life limits for certain items
and inspections to detect fatigue cracking in certain structures. That
AD also requires revising the ALS of the Instructions for Continued
Airworthiness to incorporate new inspections to detect fatigue cracking
of certain significant structural items (SSIs) and to revise life
limits for certain equipment and various components. That AD resulted
from a determination that existing inspection techniques are not
adequate for certain SSIs and by the revision of certain life limits.
We issued that AD to detect and correct fatigue cracking of certain
structural elements, which could adversely affect the structural
integrity of these airplanes.
Actions Since Existing AD Was Issued
Since we issued AD 2005-19-03, the European Aviation Safety Agency
(EASA), which is the airworthiness authority for European Union,
notified us that an unsafe condition may exist on all BAE Systems
(Operations) Limited Model ATP airplanes. The EASA advises that a
manufacturer review of fatigue test results identified additional and
revised inspections for the fuselage that are necessary in order to
ensure the continued structural integrity of the airplane. Inadequate
inspection techniques or replacement intervals could result in fatigue
cracking of certain structural elements, which could result in reduced
structural integrity of the airplane and consequent rapid decompression
of the airplane.
Relevant Service Information
BAE Systems (Operations) Limited has issued Service Bulletin ATP-
51-002, dated December 20, 2005. The service bulletin describes
structural inspections of the fuselage for cracking, among other
actions. The service bulletin describes additional inspections and
revises the compliance times of certain existing inspections. The
service bulletin also specifies repairs if necessary. Accomplishing the
actions specified in the service information is intended to adequately
address the unsafe condition. The EASA mandated the service information
and issued airworthiness directive 2006-0090, dated April 20, 2006, to
ensure the continued airworthiness of these airplanes in the European
Union.
FAA's Determination and Requirements of This AD
This airplane model is manufactured in the United Kingdom and are
type certificated for operation in the United States under the
provisions of section 21.29 of the Federal Aviation Regulations (14 CFR
21.29) and the applicable bilateral airworthiness agreement. As
described in FAA Order 8100.14A, ``Interim Procedures for Working with
the European Community on Airworthiness Certification and Continued
Airworthiness,'' dated August 12, 2005, the EASA has kept the FAA
informed of the situation described above. We have examined the EASA'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 issuing this AD to detect and correct fatigue
cracking of certain structural elements, which could result in reduced
structural integrity of the airplane and consequent rapid decompression
of the airplane. This AD supersedes AD 2005-19-03 and retains the
requirements of the existing AD. This AD also requires revising the ALS
of the Instructions for Continued Airworthiness to include new and
revised inspections of the fuselage specified in the service bulletin
described previously.
Costs of Compliance
None of the airplanes affected by this action are on the U.S.
Register. All airplanes affected by this AD are currently operated by
non-U.S. operators under foreign registry; therefore, they are not
directly affected by this AD action. However, we consider this AD
necessary to ensure that the unsafe condition is addressed if any
affected airplane is imported and placed on the U.S. Register in the
future.
The following table provides the estimated costs to comply with
this AD for any affected airplane that might be imported and placed on
the U.S. Register in the future.
Estimated Costs
------------------------------------------------------------------------
Average
Action Work labor rate Cost per
hours per hour airplane
------------------------------------------------------------------------
ALS Revisions...................... 1 $80 $80
------------------------------------------------------------------------
[[Page 52420]]
FAA's Determination of the Effective Date
No airplane affected by this AD is currently on the U.S. Register.
Therefore, providing notice and opportunity for public comment is
unnecessary before this AD is issued, and this AD may be made effective
in less than 30 days after it is published in the Federal Register.
Comments Invited
This AD is a final rule that involves requirements that affect
flight safety and was not preceded by notice and an opportunity for
public comment; however, we invite you to submit any relevant written
data, views, or arguments regarding this AD. Send your comments to an
address listed in the ADDRESSES section. Include ``Docket No. FAA-2006-
25721; Directorate Identifier 2006-NM-132-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the AD that might
suggest a need to modify it.
We will post all comments we receive, without change, to https://
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 AD. Using the search function of that Web
site, 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 may review the DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477-78), or you may visit
https://dms.dot.gov.
Examining the Docket
You may examine the AD docket on the Internet at https://
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 Docket Management System
receives them.
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 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 that the 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 AD and placed it in the AD docket. 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, 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 Federal Aviation Administration (FAA) amends Sec. 39.13 by
removing amendment 39-14268 (70 FR 57126, September 30, 2005) and by
adding the following new airworthiness directive (AD):
2006-18-09 BAE Systems (Operations) Limited (Formerly British
Aerospace Regional Aircraft): Amendment 39-14748. Docket No. FAA-
2006-25721; Directorate Identifier 2006-NM-132-AD.
Effective Date
(a) This AD becomes effective September 21, 2006.
Affected ADs
(b) This AD supersedes AD 2005-19-03.
Applicability
(c) This AD applies to all BAE Systems (Operations) Limited
Model ATP airplanes, certificated in any category.
Note 1: This AD requires revisions to certain operator
maintenance documents to include new and revised inspections.
Compliance with these inspections is required by 14 CFR 91.403(c).
For airplanes that have been previously modified, altered, or
repaired in the areas addressed by these inspections, the operator
may not be able to accomplish the inspections described in the
revisions. In this situation, to comply with 14 CFR 91.403(c), the
operator must request approval for an alternative method of
compliance according to paragraph (k) of this AD. The request should
include a description of changes to the required inspections that
will ensure the continued damage tolerance of the affected
structure. The FAA has provided guidance for this determination in
Advisory Circular (AC) 25-1529.
Unsafe Condition
(d) This AD results from the manufacturer review of fatigue test
results that identified additional and revised inspections for the
fuselage that are necessary in order to ensure the continued
structural integrity of the airplane. We are issuing this AD to
detect and correct fatigue cracking of certain structural elements,
which could result in reduced structural integrity of the airplane
and consequent rapid decompression of the airplane.
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.
Restatement of Requirements of AD 2005-19-03
Airworthiness Limitations Revision Specified in AD 2000-26-10
(f) Within 30 days after February 7, 2001 (the effective date of
AD 2000-26-10, amendment 39-12060), revise the Airworthiness
Limitations section (ALS) of the Instructions for Continued
Airworthiness according to a method approved by the Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA.
One approved method is by incorporating Section 05-00-00, dated
August 15, 1997, of the British Aerospace ATP Aircraft Maintenance
Manual (AMM), dated October 15, 1999, into the ALS. This section
references other
[[Page 52421]]
chapters of the AMM. The applicable revision level of the referenced
chapters is that in effect on February 7, 2001. Doing the revision
specified in paragraph (g) of this AD replaces Chapters 27, 32, 53,
and 54 listed in Section 05-10-11 and Chapters 52, 53, 54, 55, and
57 listed in Section 05-10-17 that are in effect on February 7,
2001, with Chapters 27, 32, 53, and 54 listed in Section 05-10-11,
``Mandatory Life Limitations (Airframe)''; and Chapters 52, 53, 54,
55, and 57 listed in Section 05-10-17, ``Structurally Significant
Items (SSIs)''; both dated July 15, 2004; of the British Aerospace
ATP AMM.
Airworthiness Limitations Specified in AD 2005-19-03
(g) Within 30 days after September 28, 2005 (the effective date
of AD 2005-19-03), revise the ALS of the Instructions for Continued
Airworthiness according to a method approved by the Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA.
One approved method is by incorporating the tasks for Chapters 27,
32, 53, and 54 listed in Section 05-10-11, ``Mandatory Life
Limitations (Airframe)''; and the tasks for Chapters 52, 53, 54, 55,
and 57 listed in Section 05-10-17, ``Structurally Significant Items
(SSIs)''; both dated July 15, 2004; of the British Aerospace ATP
AMM; into the ALS. These chapters replace the corresponding chapters
in Section 05-00-00, dated August 15, 1997, of the British Aerospace
ATP AMM as specified in paragraph (f) of this AD. Doing the revision
specified in paragraph (h) of this AD replaces certain Chapter 52
and 53 tasks listed in Section 05-10-17, ``Structurally Significant
Items (SSIs)'', dated July 15, 2004, of the British Aerospace ATP
AMM, with the corresponding Chapter 52 and 53 tasks listed BAE
Systems (Operations) Limited Service Bulletin ATP-51-002, dated
December 20, 2005.
New Requirements of This AD
New and Revised Airworthiness Limitations
(h) Within 30 days after the effective date of this AD, revise
the ALS of the Instructions for Continued Airworthiness by
incorporating the new and revised tasks for Chapters 52 and 53 as
specified in BAE Systems (Operations) Limited Service Bulletin ATP-
51-002, dated December 20, 2005, into the ALS. The revised Chapter
52 and 53 tasks replace the corresponding Chapter 52 and 53 tasks in
Section 05-10-17, ``Structurally Significant Items (SSIs)'', dated
July 15, 2004, of the British Aerospace ATP AMM, as specified in
paragraph (g) of this AD.
(i) Except as provided by paragraph (k) of this AD: After the
actions specified in paragraphs (f), (g), and (h) of this AD have
been accomplished, no alternative inspections or inspection
intervals may be approved for the structural elements specified in
the documents listed in paragraphs (f), (g), and (h) of this AD.
No Reporting Required
(j) Although BAE Systems (Operations) Limited Service Bulletin
ATP-51-002, dated December 20, 2005, specifies to submit certain
information to the manufacturer, this AD does not include that
requirement.
Alternative Methods of Compliance (AMOCs)
(k)(1) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested in accordance with the procedures found in 14
CFR 39.19.
(2) Before using any AMOC approved in accordance with Sec.
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the FAA Flight Standards
Certificate Holding District Office.
Related Information
(l) British airworthiness directive G-2004-0020, dated August
25, 2004, and European Aviation Safety Agency (EASA) airworthiness
directive 2006-0090, dated April 20, 2006, also address the subject
of this AD.
Material Incorporated by Reference
(m) You must use BAE Systems (Operations) Limited Service
Bulletin ATP-51-002, dated December 20, 2005, to perform the actions
that are required by this AD, unless the AD specifies otherwise. The
Director of the Federal Register approved the incorporation by
reference of this document in accordance with 5 U.S.C. 552(a) and 1
CFR part 51. Contact British Aerospace Regional Aircraft American
Support, 13850 Mclearen Road, Herndon, Virginia 20171, for a copy of
this service information. You may review copies at the Docket
Management Facility, U.S. Department of Transportation, 400 Seventh
Street, SW., Room PL-401, Nassif Building, Washington, DC; on the
Internet at https://dms.dot.gov; or at the National Archives and
Records Administration (NARA). For information on the availability
of this material at the NARA, call (202) 741-6030, or go to https://
www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html.
Issued in Renton, Washington, on August 23, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E6-14631 Filed 9-5-06; 8:45 am]
BILLING CODE 4910-13-P
