Airworthiness Directives; BAE Systems (Operations) Limited Model BAe 146 and Avro 146-RJ Airplanes, 27725-27727 [E9-13727]

Download as PDF Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Proposed Rules issues that will require extensive review; (3) Additional time is needed to discuss possible consequences of proposed changes with affected State and/or local jurisdictions; and (4) Extending the public comment period will allow for a more comprehensive review and result in more meaningful comments. In view of the NRC’s desire to receive high quality comments from external stakeholders, and recognizing the quantity of information to be analyzed and the coordination efforts needed by and among stakeholders, the comment period for the proposed rulemaking and related guidance documents will be extended for an additional 75 days. The comment period for the information collection aspects of this proposed rulemaking will be extended by 60 days. Based on feedback from stakeholders, the NRC believes that a 75-day extension will allow sufficient time for all stakeholders to develop and provide meaningful comments on the proposed rule and draft guidance. The proposed rule and related guidance documents comment submittal deadline is extended from the original August 3, 2009, deadline to October 19, 2009, and the information collections analysis deadline is extended from the original June 17, 2009, deadline to August 17, 2009. 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: The airbrake upper crossbeam on an airplane failed in-flight. The crossbeam failure caused damage to the rudder control system, resulting in loss of rudder control. Loss of rudder control will cause handling difficulties particularly during take-off, approach, and landing phases in cross winds. * * * * * [Docket No. FAA–2009–0532; Directorate Identifier 2008–NM–024–AD] 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 July 13, 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., 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. RIN 2120–AA64 Examining the AD Docket Dated at Rockville, Maryland, this 5th day of June 2009. For the Nuclear Regulatory Commission. Annette L. Vietti-Cook, Secretary of the Commission. [FR Doc. E9–13713 Filed 6–10–09; 8:45 am] BILLING CODE 7590–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 cprice-sewell on PRODPC61 with PROPOSALS 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) VerDate Nov<24>2008 14:24 Jun 10, 2009 Jkt 217001 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. PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 27725 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–2009–0532; Directorate Identifier 2008–NM–024–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 2007–0307, dated December 17, 2007 (referred to after this as ‘‘the MCAI’’), to correct an unsafe condition for the specified products. The MCAI states: The airbrake upper crossbeam on an airplane failed in-flight. The crossbeam failure caused damage to the rudder control system, resulting in loss of rudder control. Loss of rudder control will cause handling difficulties particularly during take-off, approach, and landing phases in cross winds. BAE Systems (Operations) Ltd has published Inspection Service Bulletin (ISB) 53–200 that revises and supersedes the inspection requirements, which are defined in the Maintenance Review Board Report (MRBR) SSI Task 53–40–125, Supplemental Structural Inspections Document (SSID) Tasks 53–40–125.1 and 53–40–125.2 (included in the Airworthiness Limitations Section of Aircraft Maintenance Manual Chapter 5 that is currently mandated as part of EASA AD 2007–0271 [which corresponds to an FAA NPRM, Directorate Identifier 2007–NM–363–AD]) and in Maintenance Planning Document (MPD) Task Reference 534025–DVI–10000–1. These revised inspection requirements and reduced inspection periods are to ensure that any fatigue damage is detected before it causes upper airbrake crossbeam failure. MRBR, SSID and MPD will be amended in due course to reflect these revised inspection periods. E:\FR\FM\11JNP1.SGM 11JNP1 27726 Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Proposed Rules For the reasons stated above, this Airworthiness Directive (AD) requires a [high frequency eddy current and low frequency phase analysis eddy current] inspection [for cracking, discrete surface damage, and discontinuity (corrosion and mechanical damage)] and, as necessary, repair of the airbrake upper crossbeam. The required actions include replacing the three rivets with Hi-lok pins. For cracking, damage, or discontinuity that is outside certain limits defined in the service bulletin, the repair includes contacting BAE Systems (Operations) Limited for repair instructions and doing the repair. 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.53–200, Revision 1, dated March 13, 2007. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. FAA’s Determination and Requirements of This Proposed AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI and service information referenced above. We are proposing this AD because we evaluated all pertinent information and determined an unsafe condition exists and is likely to exist or develop on other products of the same type design. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: Authority for This Rulemaking 1. The authority citation for part 39 continues to read as follows: 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 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. 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. Costs of Compliance List of Subjects in 14 CFR Part 39 Based on the service information, we estimate that this proposed AD would affect about 1 product of U.S. registry. Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Differences Between This AD and the MCAI or Service Information cprice-sewell on PRODPC61 with PROPOSALS We also estimate that it would take about 6 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 $480 per product. VerDate Nov<24>2008 14:24 Jun 10, 2009 Jkt 217001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 PART 39—AIRWORTHINESS DIRECTIVES 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–2009–0532; Directorate Identifier 2008–NM–024–AD. Comments Due Date (a) We must receive comments by July 13, 2009. Affected ADs (b) None. Applicability (c) This AD applies to all BAE Systems (Operations) Limited Model BAe 146 and Avro 146–RJ airplanes, certificated in any category. Subject (d) Air Transport Association (ATA) of America Code 53: Fuselage. Reason (e) The mandatory continuing airworthiness information (MCAI) states: The airbrake upper crossbeam on an airplane failed in-flight. The crossbeam failure caused damage to the rudder control system, resulting in loss of rudder control. Loss of rudder control will cause handling difficulties particularly during take-off, approach, and landing phases in cross winds. BAE Systems (Operations) Ltd has published Inspection Service Bulletin (ISB) 53–200 that revises and supersedes the inspection requirements, which are defined in the Maintenance Review Board Report (MRBR) SSI Task 53–40–125, Supplemental Structural Inspections Document (SSID) Tasks 53–40–125.1 and 53–40–125.2 (included in the Airworthiness Limitations Section of Aircraft Maintenance Manual Chapter 5 that is currently mandated as part of EASA AD 2007–0271 [which corresponds to an FAA NPRM, Directorate Identifier 2007–NM–363–AD]) and in Maintenance Planning Document (MPD) Task Reference 534025–DVI–10000–1. These revised inspection requirements and reduced inspection periods are to ensure that any fatigue damage is detected before it causes upper airbrake crossbeam failure. MRBR, SSID and MPD will be amended in due course to reflect these revised inspection periods. For the reasons stated above, this Airworthiness Directive (AD) requires [a high frequency eddy current and a low frequency phase analysis eddy current] inspection [for cracking, discrete surface damage, and E:\FR\FM\11JNP1.SGM 11JNP1 Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Proposed Rules cprice-sewell on PRODPC61 with PROPOSALS discontinuity (corrosion and mechanical damage)] and, as necessary, repair of the airbrake upper crossbeam. The required actions include replacing the three rivets with Hi-lok pins. For cracking, damage, or discontinuity that is outside certain limits defined in the service bulletin, the repair includes contacting BAE Systems (Operations) Limited for repair instructions and doing the repair. (4) Actions accomplished before the effective date of this AD in accordance with BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53–200, dated December 21, 2006, are considered acceptable for compliance with the corresponding action specified in this AD. Actions and Compliance (f) Unless already done, do the following actions: (1) At the applicable time specified in paragraphs (f)(1)(i) and (f)(1)(ii) of this AD, inspect for cracking, damage, and discontinuity of the airbrake upper crossbeam fastener positions and lightening holes; and replace the three rivets with Hilok pins; in accordance with paragraphs 2.B., 2.C., and 2.D. of the Accomplishment Instructions of BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53– 200, Revision 1, dated March 13, 2007. If any crack, damage, or discontinuity is found: Before further flight, repair as required by paragraph (f)(3) of this AD. (i) For airplanes that have not been inspected in accordance with BAE Systems (Operations) Limited MRBR SSI Task No. 53– 40–125 (MPD Reference 534025–DVI–10000– 1) as of the effective date of this AD, do the inspection prior to accumulating 20,000 total flight cycles or 500 flight cycles after the effective date of this AD, whichever occurs later. (ii) For airplanes subject to MRBR and SSID requirements that have been inspected in accordance with BAE Systems (Operations) Limited MRBR SSI Task No. 53– 40–125 (MPD Reference 534025–DVI–10000– 1) as of the effective date of this AD, do the inspection at the latest of the times in paragraphs (f)(1)(ii)(A), (f)(1)(ii)(B), or (f)(1)(ii)(C) of this AD. (A) Before the accumulation of 4,000 flight cycles since last inspection. (B) Within 2,500 flight cycles (for MRBR airplanes), or within 1,000 flight cycles (for SSID airplanes) after the effective date of this AD; but not exceeding 8,000 flight cycles since the last inspection. (C) Within 500 flight cycles after the effective date of this AD. (2) Repeat the inspection required by paragraph (f)(1) of this AD thereafter at the applicable time specified in paragraph (f)(2)(i), (f)(2)(ii), or (f)(2)(iii) of this AD. If any crack, damage, or discontinuity is found: Before further flight, repair as required by paragraph (f)(3) of this AD. (i) Inspect fastener positions at the rivet locations at intervals not to exceed 4,000 flight cycles. (ii) Inspect the holes at Hi-lok pin locations at intervals not to exceed 12,000 flight cycles. (iii) Inspect the lightening holes at intervals not to exceed 12,000 flight cycles. (3) If any crack, damage, or discontinuity is found during any inspection required by this AD: Before further flight, do the repair in accordance with paragraph 2.E. of the Accomplishment Instructions of BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53–200, Revision 1, dated March 13, 2007. Note 1: This AD differs from the MCAI and/or service information as follows: No Differences. VerDate Nov<24>2008 14:24 Jun 10, 2009 Jkt 217001 FAA AD 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. The AMOC approval letter must specifically reference this AD. (2) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service. (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 2007– 0307, dated December 17, 2007; and BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53–200, Revision 1, dated March 13, 2007; for related information. Issued in Renton, Washington, on June 4, 2009. Stephen P. Boyd, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E9–13727 Filed 6–10–09; 8:45 am] BILLING CODE 4910–13–P PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 27727 SOCIAL SECURITY ADMINISTRATION 20 CFR Part 416 [Docket No. SSA–2008–0051] RIN 0960–AF97 Exclusion of Certain Military Pay From Deemed Income and Resources Social Security Administration. Notice of proposed rulemaking. AGENCY: ACTION: SUMMARY: We propose to revise our rules to clarify that, for Supplemental Security Income (SSI) purposes, we do not consider any combat-related military pay as income when we determine whether spouses and children of members of the uniformed services are eligible for SSI. The proposed rules also would clarify that we do not consider combat-related military pay as income when we determine the spouse’s or child’s proper payment amount. These proposed rules also would provide that, when we determine whether spouses and children are eligible for SSI, we do not consider retroactive payments of certain military pay as resources for 9 months following receipt. These proposed rules would protect spouses and children of members of the uniformed services from a reduction in, or loss of, benefits because their spouse or parent serves in a combat zone. DATES: To be sure that we consider your comments, we must receive them no later than August 10, 2009. ADDRESSES: You may submit comments by any one of four methods—Internet, facsimile, regular mail, or handdelivery. Commenters should not submit the same comments multiple times or by more than one method. Regardless of which of the following methods you choose, please state that your comments refer to Docket No. SSA–2008–0051 to ensure that we can associate your comments with the correct regulation: 1. Federal eRulemaking Portal at https://www.regulations.gov. (This is the most expedient method for submitting your comments, and we strongly urge you to use it.) In the ‘‘Search Documents’’ section of the Web page, type ‘‘SSA–2008–0051,’’ select ‘‘Go,’’ and then click ‘‘Send a Comment or Submission.’’ The Federal eRulemaking Portal issues you a tracking number when you submit a comment. 2. Telefax to (410) 966–2830. 3. Letter to the Commissioner of Social Security, P.O. Box 17703, Baltimore, MD 21235–7703. 4. Deliver your comments to the Office of Regulations, Social Security E:\FR\FM\11JNP1.SGM 11JNP1

Agencies

[Federal Register Volume 74, Number 111 (Thursday, June 11, 2009)]
[Proposed Rules]
[Pages 27725-27727]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-13727]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0532; Directorate Identifier 2008-NM-024-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:

    The airbrake upper crossbeam on an airplane failed in-flight. 
The crossbeam failure caused damage to the rudder control system, 
resulting in loss of rudder control. Loss of rudder control will 
cause handling difficulties particularly during take-off, approach, 
and landing phases in cross winds.
* * * * *

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 July 13, 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., 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-2009-0532; 
Directorate Identifier 2008-NM-024-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 2007-0307, dated December 17, 2007 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    The airbrake upper crossbeam on an airplane failed in-flight. 
The crossbeam failure caused damage to the rudder control system, 
resulting in loss of rudder control. Loss of rudder control will 
cause handling difficulties particularly during take-off, approach, 
and landing phases in cross winds.
    BAE Systems (Operations) Ltd has published Inspection Service 
Bulletin (ISB) 53-200 that revises and supersedes the inspection 
requirements, which are defined in the Maintenance Review Board 
Report (MRBR) SSI Task 53-40-125, Supplemental Structural 
Inspections Document (SSID) Tasks 53-40-125.1 and 53-40-125.2 
(included in the Airworthiness Limitations Section of Aircraft 
Maintenance Manual Chapter 5 that is currently mandated as part of 
EASA AD 2007-0271 [which corresponds to an FAA NPRM, Directorate 
Identifier 2007-NM-363-AD]) and in Maintenance Planning Document 
(MPD) Task Reference 534025-DVI-10000-1. These revised inspection 
requirements and reduced inspection periods are to ensure that any 
fatigue damage is detected before it causes upper airbrake crossbeam 
failure. MRBR, SSID and MPD will be amended in due course to reflect 
these revised inspection periods.

[[Page 27726]]

    For the reasons stated above, this Airworthiness Directive (AD) 
requires a [high frequency eddy current and low frequency phase 
analysis eddy current] inspection [for cracking, discrete surface 
damage, and discontinuity (corrosion and mechanical damage)] and, as 
necessary, repair of the airbrake upper crossbeam.

The required actions include replacing the three rivets with Hi-lok 
pins. For cracking, damage, or discontinuity that is outside certain 
limits defined in the service bulletin, the repair includes contacting 
BAE Systems (Operations) Limited for repair instructions and doing the 
repair. 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.53-200, Revision 1, dated March 13, 2007. The actions 
described in this service information are intended to correct the 
unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a Note within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 1 product of U.S. registry. We also estimate that it 
would take about 6 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 $480 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
Requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.
    Sec.  39.13 [Amended]
    2. The FAA amends Sec.  39.13 by adding the following new AD:

 BAE Systems (Operations) Limited (Formerly British Aerospace 
Regional Aircraft): Docket No. FAA-2009-0532; Directorate Identifier 
2008-NM-024-AD.

Comments Due Date

    (a) We must receive comments by July 13, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all BAE Systems (Operations) Limited 
Model BAe 146 and Avro 146-RJ airplanes, certificated in any 
category.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    The airbrake upper crossbeam on an airplane failed in-flight. 
The crossbeam failure caused damage to the rudder control system, 
resulting in loss of rudder control. Loss of rudder control will 
cause handling difficulties particularly during take-off, approach, 
and landing phases in cross winds.
    BAE Systems (Operations) Ltd has published Inspection Service 
Bulletin (ISB) 53-200 that revises and supersedes the inspection 
requirements, which are defined in the Maintenance Review Board 
Report (MRBR) SSI Task 53-40-125, Supplemental Structural 
Inspections Document (SSID) Tasks 53-40-125.1 and 53-40-125.2 
(included in the Airworthiness Limitations Section of Aircraft 
Maintenance Manual Chapter 5 that is currently mandated as part of 
EASA AD 2007-0271 [which corresponds to an FAA NPRM, Directorate 
Identifier 2007-NM-363-AD]) and in Maintenance Planning Document 
(MPD) Task Reference 534025-DVI-10000-1. These revised inspection 
requirements and reduced inspection periods are to ensure that any 
fatigue damage is detected before it causes upper airbrake crossbeam 
failure. MRBR, SSID and MPD will be amended in due course to reflect 
these revised inspection periods.
    For the reasons stated above, this Airworthiness Directive (AD) 
requires [a high frequency eddy current and a low frequency phase 
analysis eddy current] inspection [for cracking, discrete surface 
damage, and

[[Page 27727]]

discontinuity (corrosion and mechanical damage)] and, as necessary, 
repair of the airbrake upper crossbeam.
    The required actions include replacing the three rivets with Hi-
lok pins. For cracking, damage, or discontinuity that is outside 
certain limits defined in the service bulletin, the repair includes 
contacting BAE Systems (Operations) Limited for repair instructions 
and doing the repair.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) At the applicable time specified in paragraphs (f)(1)(i) and 
(f)(1)(ii) of this AD, inspect for cracking, damage, and 
discontinuity of the airbrake upper crossbeam fastener positions and 
lightening holes; and replace the three rivets with Hi-lok pins; in 
accordance with paragraphs 2.B., 2.C., and 2.D. of the 
Accomplishment Instructions of BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.53-200, Revision 1, dated March 13, 
2007. If any crack, damage, or discontinuity is found: Before 
further flight, repair as required by paragraph (f)(3) of this AD.
    (i) For airplanes that have not been inspected in accordance 
with BAE Systems (Operations) Limited MRBR SSI Task No. 53-40-125 
(MPD Reference 534025-DVI-10000-1) as of the effective date of this 
AD, do the inspection prior to accumulating 20,000 total flight 
cycles or 500 flight cycles after the effective date of this AD, 
whichever occurs later.
    (ii) For airplanes subject to MRBR and SSID requirements that 
have been inspected in accordance with BAE Systems (Operations) 
Limited MRBR SSI Task No. 53-40-125 (MPD Reference 534025-DVI-10000-
1) as of the effective date of this AD, do the inspection at the 
latest of the times in paragraphs (f)(1)(ii)(A), (f)(1)(ii)(B), or 
(f)(1)(ii)(C) of this AD.
    (A) Before the accumulation of 4,000 flight cycles since last 
inspection.
    (B) Within 2,500 flight cycles (for MRBR airplanes), or within 
1,000 flight cycles (for SSID airplanes) after the effective date of 
this AD; but not exceeding 8,000 flight cycles since the last 
inspection.
    (C) Within 500 flight cycles after the effective date of this 
AD.
    (2) Repeat the inspection required by paragraph (f)(1) of this 
AD thereafter at the applicable time specified in paragraph 
(f)(2)(i), (f)(2)(ii), or (f)(2)(iii) of this AD. If any crack, 
damage, or discontinuity is found: Before further flight, repair as 
required by paragraph (f)(3) of this AD.
    (i) Inspect fastener positions at the rivet locations at 
intervals not to exceed 4,000 flight cycles.
    (ii) Inspect the holes at Hi-lok pin locations at intervals not 
to exceed 12,000 flight cycles.
    (iii) Inspect the lightening holes at intervals not to exceed 
12,000 flight cycles.
    (3) If any crack, damage, or discontinuity is found during any 
inspection required by this AD: Before further flight, do the repair 
in accordance with paragraph 2.E. of the Accomplishment Instructions 
of BAE Systems (Operations) Limited Inspection Service Bulletin 
ISB.53-200, Revision 1, dated March 13, 2007.
    (4) Actions accomplished before the effective date of this AD in 
accordance with BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.53-200, dated December 21, 2006, are considered 
acceptable for compliance with the corresponding action specified in 
this AD.

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. 
The AMOC approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (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 2007-0307, dated December 17, 2007; and BAE Systems 
(Operations) Limited Inspection Service Bulletin ISB.53-200, 
Revision 1, dated March 13, 2007; for related information.

    Issued in Renton, Washington, on June 4, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-13727 Filed 6-10-09; 8:45 am]
BILLING CODE 4910-13-P

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