Airworthiness Directives; BAE Systems (Operations) Limited Model BAe 146 and Avro 146-RJ Airplanes, 19905-19908 [E9-9865]

Download as PDF Federal Register / Vol. 74, No. 82 / Thursday, April 30, 2009 / Proposed Rules 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 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. Would 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. You may get a copy of this summary at the address listed under ADDRESSES. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Under the authority delegated to me by the Administrator, the Federal Aviation Administration proposes to amend 14 CFR part 39 as follows: 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. International Aero Engines: Docket No. FAA–2007–29060; Directorate Identifier 2007–NE–34–AD. 15:01 Apr 29, 2009 Affected ADs Jkt 217001 Issued in Burlington, Massachusetts, on April 27, 2009. Peter A. White, Assistant Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. E9–9965 Filed 4–29–09; 8:45 am] BILLING CODE 4910–13–P (b) None. Applicability (c) This AD applies to International Aero Engines (IAE) V2500–A1, V2527E–A5, V2527M–A5, V2528–D5, V2530–A5, and V2533–A5 turbofan engines with high pressure (HP) compressor stage 3–8 drums, part numbers (P/Ns) 6A5467, 6A6473, and 6A7401, installed. These engines are installed on, but not limited to, Airbus A319, A320, and A321 series airplanes and Boeing MD–90 airplanes. Unsafe Condition (d) This AD results from reports of fractured vortex reducers found at shop visits. We are issuing this AD to inspect for cracks in the vortex reducer. Cracks in the vortex reducer could cause an uncontained failure of the HP compressor stage 3–8 drum, which could result in damage to 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. Onetime Fluorescent Penetrant Inspection (f) Fluorescent penetrant inspect the vortex reducer for cracks when the HPC stage 3–8 drum has between 3,000 and 13,500 cycles since new (CSN) if all of the following conditions also apply: (1) The HPC stage 3–8 drum has ever operated in an engine at the V2527E–A5, V2527M–A5, V2528–D5, V2530–A5 thrust ratings, (2) The vortex reducer had cycles accumulated on it when mated with the HPC stage 3–8 drum, and (3) The HPC stage 3–8 drum had fewer than 3,000 CSN when mated to the vortex reducer. (g) If the vortex reducer is cracked, remove both the vortex reducer and the HPC stage 3– 8 drum from service. (h) After the effective date of this AD, do not return to service any HPC stage 3–8 drum that was removed as specified in paragraph (g) of this AD. (i) The Manager, Engine Certification Office, has the authority to approve alternative methods of compliance for this AD if requested using the procedures found in 14 CFR 39.19. Related Information [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive: VerDate Nov<24>2008 (a) The Federal Aviation Administration (FAA) must receive comments on this airworthiness directive (AD) action by June 29, 2009. Alternative Methods of Compliance PART 39—AIRWORTHINESS DIRECTIVES § 39.13 Comments Due Date 19905 (j) Contact Kevin Dickert, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; e-mail: kevin_dickert@faa.gov; telephone (781) 238–7117; fax (781) 238– 7199, for more information about this AD. PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2009–0398; Directorate Identifier 2008–NM–193–AD] RIN 2120–AA64 Airworthiness Directives; BAE Systems (Operations) Limited Model BAe 146 and Avro 146–RJ Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). 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: There have been a number of incidents where wing-to-fuselage or MLG [main landing gear] door fairing panels have detached from the aircraft during flight. Subsequent inspection revealed the loss of the fairing panels to be due to failure of certain steel grommets * * *. A detaching panel could strike the aircraft during flight, causing damage. In addition, a detaching panel could become attached to the structure or control surfaces, resulting in reduced control of the aircraft. 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 1, 2009. ADDRESSES: You may send comments by any of the following methods: • Federal eRulemaking Portal: Go to https://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., E:\FR\FM\30APP1.SGM 30APP1 19906 Federal Register / Vol. 74, No. 82 / Thursday, April 30, 2009 / Proposed Rules 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 703–736–1080; e-mail raebusiness@baesystems.com; Internet https://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 425–227–1221 or 425–227–1152. Examining the AD Docket You may examine the AD docket on the Internet at https:// 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 (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; telephone (425) 227–1175; fax (425) 227–1149. 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–2009–0398; Directorate Identifier 2008–NM–193–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 https:// 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 VerDate Nov<24>2008 15:01 Apr 29, 2009 Jkt 217001 for the Member States of the European Community, has issued EASA Airworthiness Directive 2008–0180, dated September 30, 2008 (referred to after this as ‘‘the MCAI’’), to correct an unsafe condition for the specified products. The MCAI states: There have been a number of incidents where wing-to-fuselage or MLG [main landing gear] door fairing panels have detached from the aircraft during flight. Subsequent inspection revealed the loss of the fairing panels to be due to failure of certain steel grommets, (P/N) [part number] SL5183 and HC535H0312, through which the attachment bolts are inserted. These failures may have been caused by improper installation of the grommets or damage resulting from maintenance procedures relating to paint stripping and repainting, allowing air loads to pull the panel through the grommet. A detaching panel could strike the aircraft during flight, causing damage. In addition, a detaching panel could become attached to the structure or control surfaces, resulting in reduced control of the aircraft. Following the application of BAE Systems (Operations) Ltd ISB 53–202 at Revision 1 to the first few, it has been discovered that removal of existing grommets P/N SL5183 and HC535H0312 may result in localised damage to the aluminum foil membrane attached to the inner surface of some fairing panels. BAE Systems (Operations) Ltd has therefore issued additional instructions in All Operators Message (AOM) 08–015V, including bonding checks and detailed procedures for applying an electroconductive paste at each SL5185 grommet location in order to bridge any gap between grommet and the inner aluminum foil. The next revision of BAE Systems (Operations) Ltd ISB 53–202 will include the technical content of AOM 08–015V. For the reasons described above, this EASA AD requires repetitive inspections of the wing-to-fuselage & MLG door fairing panel grommets and, when damage is detected, the accomplishment of corrective actions. Corrective actions include replacing damaged grommets with new P/N SL5185 grommets; or doing a temporary repair, which delays the replacement. 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.53–202, Revision 3, dated December 10, 2008. The actions described in the 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 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 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 1 product of U.S. registry. We also estimate that it would take about 14 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 $1,120. 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. E:\FR\FM\30APP1.SGM 30APP1 Federal Register / Vol. 74, No. 82 / Thursday, April 30, 2009 / Proposed Rules 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. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: BAE Systems (Operations) Limited (Formerly British Aerospace Regional Aircraft): Docket No. FAA–2009–0398; Directorate Identifier 2008–NM–193–AD. Comments Due Date (a) We must receive comments by June 1, 2009. Affected ADs (b) None. Applicability (c) This AD applies to BAE Systems (Operations) Limited Model BAe 146–100A, –200A, and –300A series airplanes; and Model Avro 146–RJ70A, 146–RJ85A, and 146–RJ100A airplanes; certificated in any category, all models, all serial numbers, that have embodied modification HCM00633E or HCM00934A. VerDate Nov<24>2008 15:01 Apr 29, 2009 Jkt 217001 Subject (d) Air Transport Association (ATA) of America Code 53: Fuselage. Reason (e) The mandatory continuing airworthiness information (MCAI) states: There have been a number of incidents where wing-to-fuselage or MLG [main landing gear] door fairing panels have detached from the aircraft during flight. Subsequent inspection revealed the loss of the fairing panels to be due to failure of certain steel grommets, (P/N) [part number] SL5183 and HC535H0312, through which the attachment bolts are inserted. These failures may have been caused by improper installation of the grommets or damage resulting from maintenance procedures relating to paint stripping and repainting, allowing air loads to pull the panel through the grommet. A detaching panel could strike the aircraft during flight, causing damage. In addition, a detaching panel could become attached to the structure or control surfaces, resulting in reduced control of the aircraft. Following the application of BAE Systems (Operations) Ltd ISB 53–202 at Revision 1 to the first few, it has been discovered that removal of existing grommets P/N SL5183 and HC535H0312 may result in localised damage to the aluminum foil membrane attached to the inner surface of some fairing panels. BAE Systems (Operations) Ltd has therefore issued additional instructions in All Operators Message (AOM) 08–015V, including bonding checks and detailed procedures for applying an electroconductive paste at each SL5185 grommet location in order to bridge any gap between grommet and the inner aluminum foil. The next revision of BAE Systems (Operations) Ltd ISB 53–202 will include the technical content of AOM 08–015V. For the reasons described above, this EASA AD requires repetitive inspections of the wing-to-fuselage & MLG door fairing panel grommets and, when damage is detected, the accomplishment of corrective actions. Corrective actions include replacing damaged grommets with new P/N SL5185 grommets; or doing a temporary repair, which delays the replacement. Actions and Compliance (f) Unless already done, do the following actions. (1) Within 4,000 flight cycles or 24 months after the effective date of this AD, whichever occurs later, and thereafter at intervals not to exceed 8,000 flight cycles, conduct a visual inspection of the steel grommets on the fairing panels in accordance with paragraph 2.C. of BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53–202, Revision 3, dated December 10, 2008. (2) If damage is found during any inspection required by paragraph (f)(1) of this AD, before further flight, do the actions specified in paragraph (f)(2)(i) or (f)(2)(ii) of this AD. (i) Replace the grommets with new P/N SL5185 grommets in accordance with paragraph 2.C. of BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53– 202, Revision 3, dated December 10, 2008, PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 19907 and concurrently conduct a bonding inspection at each grommet location in accordance with paragraph 2.C. of BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53–202, Revision 3, dated December 10, 2008. If unsatisfactory bonding is detected, before further flight, apply electro-conductive paste in accordance with Appendix 4 of BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53–202, Revision 3, dated December 10, 2008. (ii) Do a temporary repair in accordance with Appendix 3 of the BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53–202, Revision 3, dated December 10, 2008, or an approved BAE Systems (Operations) Limited temporary repair scheme. (3) For airplanes on which a temporary repair specified in paragraph (f)(2)(ii) of this AD has been done: Within 8,000 flight cycles after doing the temporary repair, replace any temporary repair grommets with new P/N SL5185 grommets in accordance with paragraph 2.C. of BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53– 202, Revision 3, dated December 10, 2008, and concurrently conduct a bonding inspection at each grommet location in accordance with paragraph 2.C. of BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53–202, Revision 3, dated December 10, 2008. If unsatisfactory bonding is detected, before further flight, apply electro-conductive paste in accordance with Appendix 4 of BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53–202, Revision 3, dated December 10, 2008. (4) For airplanes on which any new P/N SL5185 grommets have been installed without having a bonding inspection prior to the effective date of this AD: Before or during the next scheduled repetitive inspection in accordance with paragraph (f)(1) of this AD, conduct a bonding inspection in accordance with paragraph 2.C of BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53–202, Revision 3, dated December 10, 2008. If unsatisfactory bonding is detected, before further flight, apply electro-conductive paste in accordance with Appendix 4 of BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53– 202, Revision 3, dated December 10, 2008. (5) Replacement of all existing grommets with new P/N SL5185 grommets on all panels, including the corresponding bonding inspections and the application of the electro-conductive paste as applicable, in accordance with BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53– 202, Revision 3, dated December 10, 2008, terminates the repetitive inspections required by paragraph (f)(1) of this AD. (6) Visual inspections, temporary repairs, and replacements of the grommets are also acceptable for compliance with the corresponding requirements of paragraphs (f)(1), (f)(2)(i), (f)(2)(ii), (f)(3), and (f)(5) of this AD if done before the effective date of this AD in accordance with BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53–202, Revision 1, dated June 4, 2008. E:\FR\FM\30APP1.SGM 30APP1 19908 Federal Register / Vol. 74, No. 82 / Thursday, April 30, 2009 / Proposed Rules (7) Visual inspections, temporary repairs, replacements of the grommets, bonding inspections, and applications of conductive paste are also acceptable for compliance with the corresponding requirements of paragraphs (f)(1), (f)(2)(i), (f)(3), (f)(4), and (f)(5) of this AD if done before the effective date of this AD in accordance with BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53–202, Revision 2, dated October 24, 2008. (8) Bonding inspections and applications of conductive paste are also acceptable for compliance with the corresponding requirement of paragraphs (f)(2)(i), (f)(3), (f)(4), and (f)(5) of this AD if done before the effective date of this AD in accordance with BAE Systems (Operations) Limited All Operator Message 08–015V, Issue 1, dated August 22, 2008. FAA AD Differences Note 1: This AD differs from the MCAI and/or service information as follows: No Differences. (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 (425) 227–1149. Before using any approved AMOC on any airplane to which the AMOC applies, notify your principal maintenance inspector (PMI) or principal avionics inspector (PAI), as appropriate, or lacking a principal inspector, your local Flight Standards District Office. (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 ensure 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 Airworthiness Directive 2008– 0180, dated September 30, 2008; and BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53–202, Revision 3, dated December 10, 2008; for related information. 15:01 Apr 29, 2009 Jkt 217001 BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2009–0397; Directorate Identifier 2008–NM–023–AD] RIN 2120–AA64 Airworthiness Directives; Airbus Model A300 B2–1C, B2–203, B2K–3C, B4–103, B4–203, and B4–2C Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: Other FAA AD Provisions VerDate Nov<24>2008 Issued in Renton, Washington, on April 22, 2009. Stephen P. Boyd, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E9–9865 Filed 4–29–09; 8:45 am] 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: An operator has reported the loss of a centre flap inner tab on an in-service A300 aircraft. The centre flap inner tab detached during approach to an airport. A similar event was reported several years ago on a pre-mod 04770 aircraft. * * * * * * Investigations led by the manufacturer revealed that the centre hinge bracket developed a fatigue crack causing complete failure of the bracket. The tab rotated causing failure of the inboard link followed by the failure of the outboard link. [D]etachment of a centre flap inner tab * * * could be a potential risk to persons on [the] ground * * * . 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 1, 2009. ADDRESSES: You may send comments by any of the following methods: • Federal eRulemaking Portal: Go to https://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, PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 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 Airbus SAS— EAW (Airworthiness Office), 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; e-mail account.airworth-eas@airbus.com; Internet https://www.airbus.com. 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 425–227– 1221 or 425–227–1152. Examining the AD Docket You may examine the AD docket on the Internet at https:// 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 (800) 647–5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 227–2125; fax (425) 227–1149. 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–2009–0397; Directorate Identifier 2008–NM–023–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 https:// 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. E:\FR\FM\30APP1.SGM 30APP1

Agencies

[Federal Register Volume 74, Number 82 (Thursday, April 30, 2009)]
[Proposed Rules]
[Pages 19905-19908]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-9865]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0398; Directorate Identifier 2008-NM-193-AD]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited Model 
BAe 146 and Avro 146-RJ Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

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:

    There have been a number of incidents where wing-to-fuselage or 
MLG [main landing gear] door fairing panels have detached from the 
aircraft during flight. Subsequent inspection revealed the loss of 
the fairing panels to be due to failure of certain steel grommets * 
* *. A detaching panel could strike the aircraft during flight, 
causing damage. In addition, a detaching panel could become attached 
to the structure or control surfaces, resulting in reduced control 
of the aircraft.

    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 1, 2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to https://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.,

[[Page 19906]]

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 703-736-1080; e-mail raebusiness@baesystems.com; 
Internet https://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 425-227-1221 or 425-227-1152.

Examining the AD Docket

    You may examine the AD docket on the Internet at https://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 (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; telephone (425) 
227-1175; fax (425) 227-1149.

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-2009-0398; 
Directorate Identifier 2008-NM-193-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 https://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 2008-0180, dated September 30, 2008 (referred 
to after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    There have been a number of incidents where wing-to-fuselage or 
MLG [main landing gear] door fairing panels have detached from the 
aircraft during flight. Subsequent inspection revealed the loss of 
the fairing panels to be due to failure of certain steel grommets, 
(P/N) [part number] SL5183 and HC535H0312, through which the 
attachment bolts are inserted. These failures may have been caused 
by improper installation of the grommets or damage resulting from 
maintenance procedures relating to paint stripping and repainting, 
allowing air loads to pull the panel through the grommet. A 
detaching panel could strike the aircraft during flight, causing 
damage. In addition, a detaching panel could become attached to the 
structure or control surfaces, resulting in reduced control of the 
aircraft.
    Following the application of BAE Systems (Operations) Ltd ISB 
53-202 at Revision 1 to the first few, it has been discovered that 
removal of existing grommets P/N SL5183 and HC535H0312 may result in 
localised damage to the aluminum foil membrane attached to the inner 
surface of some fairing panels. BAE Systems (Operations) Ltd has 
therefore issued additional instructions in All Operators Message 
(AOM) 08-015V, including bonding checks and detailed procedures for 
applying an electro-conductive paste at each SL5185 grommet location 
in order to bridge any gap between grommet and the inner aluminum 
foil. The next revision of BAE Systems (Operations) Ltd ISB 53-202 
will include the technical content of AOM 08-015V.
    For the reasons described above, this EASA AD requires 
repetitive inspections of the wing-to-fuselage & MLG door fairing 
panel grommets and, when damage is detected, the accomplishment of 
corrective actions.

    Corrective actions include replacing damaged grommets with new P/N 
SL5185 grommets; or doing a temporary repair, which delays the 
replacement. 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.53-202, Revision 3, dated December 10, 2008. The actions 
described in the 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 1 product of U.S. registry. We also estimate that it 
would take about 14 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 $1,120.

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.

[[Page 19907]]

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-2009-0398; Directorate Identifier 
2008-NM-193-AD.

Comments Due Date

    (a) We must receive comments by June 1, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to BAE Systems (Operations) Limited Model 
BAe 146-100A, -200A, and -300A series airplanes; and Model Avro 146-
RJ70A, 146-RJ85A, and 146-RJ100A airplanes; certificated in any 
category, all models, all serial numbers, that have embodied 
modification HCM00633E or HCM00934A.

Subject

    (d) Air Transport Association (ATA) of America Code 53: 
Fuselage.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    There have been a number of incidents where wing-to-fuselage or 
MLG [main landing gear] door fairing panels have detached from the 
aircraft during flight. Subsequent inspection revealed the loss of 
the fairing panels to be due to failure of certain steel grommets, 
(P/N) [part number] SL5183 and HC535H0312, through which the 
attachment bolts are inserted. These failures may have been caused 
by improper installation of the grommets or damage resulting from 
maintenance procedures relating to paint stripping and repainting, 
allowing air loads to pull the panel through the grommet. A 
detaching panel could strike the aircraft during flight, causing 
damage. In addition, a detaching panel could become attached to the 
structure or control surfaces, resulting in reduced control of the 
aircraft.
    Following the application of BAE Systems (Operations) Ltd ISB 
53-202 at Revision 1 to the first few, it has been discovered that 
removal of existing grommets P/N SL5183 and HC535H0312 may result in 
localised damage to the aluminum foil membrane attached to the inner 
surface of some fairing panels. BAE Systems (Operations) Ltd has 
therefore issued additional instructions in All Operators Message 
(AOM) 08-015V, including bonding checks and detailed procedures for 
applying an electro-conductive paste at each SL5185 grommet location 
in order to bridge any gap between grommet and the inner aluminum 
foil. The next revision of BAE Systems (Operations) Ltd ISB 53-202 
will include the technical content of AOM 08-015V.
    For the reasons described above, this EASA AD requires 
repetitive inspections of the wing-to-fuselage & MLG door fairing 
panel grommets and, when damage is detected, the accomplishment of 
corrective actions.
    Corrective actions include replacing damaged grommets with new 
P/N SL5185 grommets; or doing a temporary repair, which delays the 
replacement.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 4,000 flight cycles or 24 months after the effective 
date of this AD, whichever occurs later, and thereafter at intervals 
not to exceed 8,000 flight cycles, conduct a visual inspection of 
the steel grommets on the fairing panels in accordance with 
paragraph 2.C. of BAE Systems (Operations) Limited Inspection 
Service Bulletin ISB.53-202, Revision 3, dated December 10, 2008.
    (2) If damage is found during any inspection required by 
paragraph (f)(1) of this AD, before further flight, do the actions 
specified in paragraph (f)(2)(i) or (f)(2)(ii) of this AD.
    (i) Replace the grommets with new P/N SL5185 grommets in 
accordance with paragraph 2.C. of BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.53-202, Revision 3, dated December 
10, 2008, and concurrently conduct a bonding inspection at each 
grommet location in accordance with paragraph 2.C. of BAE Systems 
(Operations) Limited Inspection Service Bulletin ISB.53-202, 
Revision 3, dated December 10, 2008. If unsatisfactory bonding is 
detected, before further flight, apply electro-conductive paste in 
accordance with Appendix 4 of BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.53-202, Revision 3, dated December 
10, 2008.
    (ii) Do a temporary repair in accordance with Appendix 3 of the 
BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53-
202, Revision 3, dated December 10, 2008, or an approved BAE Systems 
(Operations) Limited temporary repair scheme.
    (3) For airplanes on which a temporary repair specified in 
paragraph (f)(2)(ii) of this AD has been done: Within 8,000 flight 
cycles after doing the temporary repair, replace any temporary 
repair grommets with new P/N SL5185 grommets in accordance with 
paragraph 2.C. of BAE Systems (Operations) Limited Inspection 
Service Bulletin ISB.53-202, Revision 3, dated December 10, 2008, 
and concurrently conduct a bonding inspection at each grommet 
location in accordance with paragraph 2.C. of BAE Systems 
(Operations) Limited Inspection Service Bulletin ISB.53-202, 
Revision 3, dated December 10, 2008. If unsatisfactory bonding is 
detected, before further flight, apply electro-conductive paste in 
accordance with Appendix 4 of BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.53-202, Revision 3, dated December 
10, 2008.
    (4) For airplanes on which any new P/N SL5185 grommets have been 
installed without having a bonding inspection prior to the effective 
date of this AD: Before or during the next scheduled repetitive 
inspection in accordance with paragraph (f)(1) of this AD, conduct a 
bonding inspection in accordance with paragraph 2.C of BAE Systems 
(Operations) Limited Inspection Service Bulletin ISB.53-202, 
Revision 3, dated December 10, 2008. If unsatisfactory bonding is 
detected, before further flight, apply electro-conductive paste in 
accordance with Appendix 4 of BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.53-202, Revision 3, dated December 
10, 2008.
    (5) Replacement of all existing grommets with new P/N SL5185 
grommets on all panels, including the corresponding bonding 
inspections and the application of the electro-conductive paste as 
applicable, in accordance with BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.53-202, Revision 3, dated December 
10, 2008, terminates the repetitive inspections required by 
paragraph (f)(1) of this AD.
    (6) Visual inspections, temporary repairs, and replacements of 
the grommets are also acceptable for compliance with the 
corresponding requirements of paragraphs (f)(1), (f)(2)(i), 
(f)(2)(ii), (f)(3), and (f)(5) of this AD if done before the 
effective date of this AD in accordance with BAE Systems 
(Operations) Limited Inspection Service Bulletin ISB.53-202, 
Revision 1, dated June 4, 2008.

[[Page 19908]]

    (7) Visual inspections, temporary repairs, replacements of the 
grommets, bonding inspections, and applications of conductive paste 
are also acceptable for compliance with the corresponding 
requirements of paragraphs (f)(1), (f)(2)(i), (f)(3), (f)(4), and 
(f)(5) of this AD if done before the effective date of this AD in 
accordance with BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.53-202, Revision 2, dated October 24, 2008.
    (8) Bonding inspections and applications of conductive paste are 
also acceptable for compliance with the corresponding requirement of 
paragraphs (f)(2)(i), (f)(3), (f)(4), and (f)(5) of this AD if done 
before the effective date of this AD in accordance with BAE Systems 
(Operations) Limited All Operator Message 08-015V, Issue 1, dated 
August 22, 2008.

FAA AD Differences

    Note 1:  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 (425) 227-1149. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office.
    (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 ensure 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 Airworthiness 
Directive 2008-0180, dated September 30, 2008; and BAE Systems 
(Operations) Limited Inspection Service Bulletin ISB.53-202, 
Revision 3, dated December 10, 2008; for related information.

    Issued in Renton, Washington, on April 22, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-9865 Filed 4-29-09; 8:45 am]
BILLING CODE 4910-13-P
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