Airworthiness Directives; BAE Systems (Operations) Limited Model BAe 146 and Avro 146-RJ Airplanes, 53433-53436 [E9-24985]

Download as PDF Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Proposed Rules 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. You can find our regulatory evaluation and the estimated costs of compliance 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: cprice-sewell on DSK2BSOYB1PROD with PROPOSALS Boeing: Docket No. FAA–2008–0295; Directorate Identifier 2007–NM–298–AD. Comments Due Date (a) We must receive comments by November 13, 2009. Affected ADs (b) None. Applicability (c) This AD applies to all Boeing Model 757–200, –200PF, –200CB, and –300 series airplanes, certificated in any category. VerDate Nov<24>2008 13:53 Oct 16, 2009 Jkt 220001 Subject (d) Air Transport Association (ATA) of America Code 32: Landing Gear. Unsafe Condition (e) This AD results from reports of cracked and broken aluminum springs. We are issuing this AD to detect and correct cracked or broken springs. A cracked or broken spring could separate from the airplane and result in potential hazard to persons or property on the ground, or ingestion into the engine with engine damage and potential shutdown, or damage to the airplane. Compliance (f) Comply with this AD within the compliance times specified, unless already done. Inspections and Corrective Actions (g) At the applicable time specified in paragraph 1.E., ‘‘Compliance,’’ of Boeing Special Attention Service Bulletin 757–32– 0176, Revision 1, dated October 16, 2008, except that where Boeing Special Attention Service Bulletin 757–32–0176, Revision 1, dated October 16, 2008, specifies a compliance time after the date ‘‘on this service bulletin,’’ this AD requires compliance within the specified compliance time after the effective date of this AD: Do a general visual inspection to determine the material (aluminum or composite) of the two springs in the spin brake assemblies in the nose wheel well. A review of airplane maintenance records is acceptable in lieu of this inspection if the material can be conclusively determined from that review. Do all applicable related investigative and corrective actions, and all repetitive inspections thereafter, at the applicable time specified in paragraph 1.E., ‘‘Compliance,’’ of Boeing Special Attention Service Bulletin 757–32–0176, Revision 1, dated October 16, 2008. Do all actions in accordance with Boeing Special Attention Service Bulletin 757–32–0176, Revision 1, dated October 16, 2008. Optional Terminating Actions (h) Replacing an aluminum spin brake assembly with a spin brake assembly made of composite material in accordance with Figure 5 of Boeing Special Attention Service Bulletin 757–32–0176, Revision 1, dated October 16, 2008, ends the repetitive inspections required by paragraph (g) of this AD for that spring. (i) Replacing an aluminum spring with a spring made of corrosion–resistant steel (CRES), in accordance with Figure 6 of Boeing Special Attention Service Bulletin 757–32–0176, Revision 1, dated October 16, 2008, ends the repetitive inspections required by paragraph (g) of this AD for that spring. Parts Installation (j) As of the effective date of this AD, no person may install an aluminum spring on any airplane unless it has been inspected and all applicable related investigative and corrective actions have been applied in accordance with the requirements of paragraph (g) of this AD. PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 53433 Credit for Previous Revision of Service Bulletin (k) Actions done before the effective date of this AD in accordance with Boeing Special Attention Service Bulletin 757–32–0176, dated September 10, 2007, are acceptable for compliance with the corresponding requirements of this AD. Alternative Methods of Compliance (AMOCs) (l)(1) The Manager, Seattle Aircraft Certification Office (ACO), 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: Chris Hartman, Aerospace Engineer, Airframe Branch, ANM–120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 917–6432; fax (425) 917–6590. Or, email information to 9-ANM-Seattle-ACOAMOC-Requests@faa.gov. (2) To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. 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. (3) An AMOC that provides an acceptable level of safety may be used for any repair required by this AD, if it is approved by an Authorized Representative for the Boeing Commercial Airplanes Delegation Option Authorization Organization who has been authorized by the Manager, Seattle ACO, to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane. Issued in Renton, Washington, on October 5, 2009. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E9–24984 Filed 10–16–09; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2009–0912; Directorate Identifier 2009–NM–047–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 E:\FR\FM\19OCP1.SGM 19OCP1 53434 Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Proposed Rules cprice-sewell on DSK2BSOYB1PROD with PROPOSALS 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: Reports have been received of finding corrosion at the Frame 29 wing-to-fuselage attachment lug plate joint. This condition, if not detected and corrected, could result in a degradation of the structural integrity of Frame 29 and the wing-to-fuselage attachment. The unsafe condition is degradation of the structural integrity of Frame 29 and the wing-to-fuselage attachment, which could result in loss of control of the airplane. 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 December 3, 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. 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, 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: Examining the AD Docket Reports have been received of finding corrosion at the Frame 29 wing-to-fuselage attachment lug plate joint. This condition, if not detected and corrected, could result in a degradation of the structural integrity of Frame 29 and the wing-to-fuselage attachment. The current method of inspecting the Frame 29 wing-to-fuselage attachment lug plate joint for corrosion is not considered 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 VerDate Nov<24>2008 13:53 Oct 16, 2009 Jkt 220001 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–2009–0912; Directorate Identifier 2009–NM–047–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 have lengthened the 30-day comment period for proposed ADs that address MCAI originated by aviation authorities of other countries to provide adequate time for interested parties to submit comments. The comment period for these proposed ADs is now typically 45 days, which is consistent with the comment period for domestic transport ADs. 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 2009–0046, dated March 2, 2009 (referred to after this as ‘‘the MCAI’’), to correct an unsafe condition for the specified products. The MCAI states: PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 adequate for finding corrosion in this particular area. To address this concern, BAE Systems (Operations) Limited has published Inspection Service Bulletin ISB.53–213, which replaces current Maintenance Review Board Report Structurally Significant Items Task 53–20–103 (equal to Maintenance Planning Document Tasks 532003–DVI– 10000–1, 532003–DVI–10000–2 and 532003– DVI–10000–3) and Corrosion Prevention and Control Programme Task C53–230–02–01. For the reason described above, this AD requires [detailed] repetitive inspections of the Frame 29 wing-to-fuselage attachment lug plate joint [for discrepancies, which are corrosion and fatigue cracking of the bolts and fastener bores; degraded, cracked, missing, and poor condition sealant] and repair(s) [which include replacing bolts, contacting BAE Systems for repair instructions and doing the repair, and reapplying sealant], as necessary. The unsafe condition is degradation of the structural integrity of Frame 29 and the wing-to-fuselage attachment, which could result in loss of control of the airplane. 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.53–213, dated May 21, 2008. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. FAA’s Determination and Requirements of This Proposed AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI and service information referenced above. We are proposing this AD because we evaluated all pertinent information and determined an unsafe condition exists and is likely to exist or develop on other products of the same type design. Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. E:\FR\FM\19OCP1.SGM 19OCP1 Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Proposed Rules 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 12 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 $960. 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. cprice-sewell on DSK2BSOYB1PROD with PROPOSALS 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. VerDate Nov<24>2008 13:53 Oct 16, 2009 Jkt 220001 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 Authority: 49 U.S.C. 106(g), 40113, 44701. [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–2009–0912; Directorate Identifier 2009–NM–047–AD. Comments Due Date (a) We must receive comments by December 3, 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 BAE Systems (Operations) Limited Model Avro 146–RJ70A, 146–RJ85A, and 146–RJ100A airplanes, certificated in any category, all serial numbers. Subject (d) Air Transport Association (ATA) of America Code 53: Fuselage. Reason (e) The mandatory continuing airworthiness information (MCAI) states: Reports have been received of finding corrosion at the Frame 29 wing-to-fuselage attachment lug plate joint. This condition, if not detected and corrected, could result in a degradation of the structural integrity of Frame 29 and the wing-to-fuselage attachment. The current method of inspecting the Frame 29 wing-to-fuselage attachment lug plate joint for corrosion is not considered adequate for finding corrosion in this particular area. To address this concern, BAE Systems (Operations) Limited has published Inspection Service Bulletin ISB.53–213, which replaces current Maintenance Review Board Report Structurally Significant Items Task 53–20–103 (equal to Maintenance Planning Document Tasks 532003–DVI– 10000–1, 532003–DVI–10000–2 and 532003– PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 DVI–10000–3) and Corrosion Prevention and Control Programme Task C53–230–02–01. For the reason described above, this AD requires repetitive [detailed] inspections of the Frame 29 wing-to-fuselage attachment lug plate joint [for discrepancies, which are corrosion and fatigue cracking of the bolts and fastener bores; degraded, cracked, missing, and poor condition sealant] and repair(s) [which include replacing bolts, contacting BAE Systems for repair instructions and doing the repair and reapplying sealant], as necessary. The unsafe condition is degradation of the structural integrity of Frame 29 and the wingto-fuselage attachment, which could result in loss of control of the airplane. Actions and Compliance 1. The authority citation for part 39 continues to read as follows: § 39.13 53435 (f) Unless already done, do the following actions. (1) Within 24 months after the effective date of this AD, do a detailed inspection for discrepancies of the frame 29 wing-tofuselage attachment lug plate joint, in accordance with the Accomplishment Instructions of BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53– 213, dated May 21, 2008. Note 1: For the purposes of this AD, a detailed inspection is: ‘‘An intensive examination of a specific item, installation, or assembly to detect damage, failure, or irregularity. Available lighting is normally supplemented with a direct source of good lighting at an intensity deemed appropriate. Inspection aids such as mirror, magnifying lenses, etc., may be necessary. Surface cleaning and elaborate procedures may be required.’’ (2) Repeat the inspection required by paragraph (f)(1) of this AD thereafter at intervals not to exceed 48 months. (3) During any inspection required by paragraph (f)(1) or (f)(2) of this AD, if it is not possible to replace a removed bolt with another bolt having the same part number as a replacement item, before further flight, contact BAE Systems to replace the removed bolt with an alternative bolt and do the approved BAE Systems repair. (4) If during any inspection required by paragraph (f)(1) or (f)(2) of this AD, any discrepancy is found, before further flight, repair in accordance with paragraph 2.C. of the Accomplishment Instructions of BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53–213, dated May 21, 2008. (5) Although BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53– 213, dated May 21, 2008, specifies to submit certain information to the manufacturer, this AD does not include that requirement. FAA AD Differences Note 2: This AD differs from the MCAI and/or service information as follows. Although BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53–213, dated May 21, 2008, and European Aviation Safety Agency AD 2009–0046, dated March 2, 2009, specify to submit certain information to the manufacturer, this AD does not include that requirement. E:\FR\FM\19OCP1.SGM 19OCP1 53436 Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Proposed Rules 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. Related Information (h) Refer to MCAI European Aviation Safety Agency Airworthiness Directive 2009– 0046, dated March 2, 2009; and BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53–213, dated May 21, 2008; for related information. Issued in Renton, Washington, on October 5, 2009. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E9–24985 Filed 10–16–09; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2009–0908; Directorate Identifier 2009–NM–067–AD] RIN 2120–AA64 cprice-sewell on DSK2BSOYB1PROD with PROPOSALS Airworthiness Directives; Boeing Model 757 Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: We propose to adopt a new airworthiness directive (AD) for certain Boeing Model 757 airplanes. This proposed AD would require replacing the power control relays for the fuel boost pumps and override pumps with VerDate Nov<24>2008 13:53 Oct 16, 2009 Jkt 220001 new relays having a ground fault interrupt (GFI) feature. This proposed AD results from fuel system reviews conducted by the manufacturer. We are proposing this AD to prevent damage to the fuel pumps caused by electrical arcing that could introduce an ignition source in the fuel tank, which, in combination with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane. DATES: We must receive comments on this proposed AD by December 3, 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 W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this proposed AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H–65, Seattle, Washington 98124– 2207; telephone 206–544–5000, extension 1; fax 206–766–5680; e-mail me.boecom@boeing.com; Internet https://www.myboeingfleet.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 Management Facility 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 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: Georgios Roussos, Aerospace Engineer, Systems and Equipment Branch, ANM– 130S, FAA, Seattle Aircraft Certification PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 Office, 1601 Lind Avenue SW., Renton, Washington 98057–3356; telephone (425) 917–6482; fax (425) 917–6590. 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–2009–0908; Directorate Identifier 2009–NM–067–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 because of 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 FAA has examined the underlying safety issues involved in fuel tank explosions on several large transport airplanes, including the adequacy of existing regulations, the service history of airplanes subject to those regulations, and existing maintenance practices for fuel tank systems. As a result of those findings, we issued a regulation titled ‘‘Transport Airplane Fuel Tank System Design Review, Flammability Reduction and Maintenance and Inspection Requirements’’ (66 FR 23086, May 7, 2001). In addition to new airworthiness standards for transport airplanes and new maintenance requirements, this rule included Special Federal Aviation Regulation No. 88 (‘‘SFAR 88,’’ Amendment 21–78, and subsequent Amendments 21–82 and 21–83). Among other actions, SFAR 88 requires certain type design (i.e., type certificate (TC) and supplemental type certificate (STC)) holders to substantiate that their fuel tank systems can prevent ignition sources in the fuel tanks. This requirement applies to type design holders for large turbine-powered transport airplanes and for subsequent modifications to those airplanes. It requires them to perform design reviews and to develop design changes and maintenance procedures if their designs do not meet the new fuel tank safety standards. As explained in the preamble to the rule, we intended to adopt airworthiness directives to mandate any changes found necessary to address E:\FR\FM\19OCP1.SGM 19OCP1

Agencies

[Federal Register Volume 74, Number 200 (Monday, October 19, 2009)]
[Proposed Rules]
[Pages 53433-53436]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-24985]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0912; Directorate Identifier 2009-NM-047-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

[[Page 53434]]

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: Reports have been received of finding corrosion at the 
Frame 29 wing-to-fuselage attachment lug plate joint. This condition, 
if not detected and corrected, could result in a degradation of the 
structural integrity of Frame 29 and the wing-to-fuselage attachment.
    The unsafe condition is degradation of the structural integrity of 
Frame 29 and the wing-to-fuselage attachment, which could result in 
loss of control of the airplane. 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 December 3, 
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, 
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-2009-0912; 
Directorate Identifier 2009-NM-047-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 have lengthened the 30-day comment period for proposed ADs that 
address MCAI originated by aviation authorities of other countries to 
provide adequate time for interested parties to submit comments. The 
comment period for these proposed ADs is now typically 45 days, which 
is consistent with the comment period for domestic transport ADs.
    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 2009-0046, dated March 2, 2009 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    Reports have been received of finding corrosion at the Frame 29 
wing-to-fuselage attachment lug plate joint. This condition, if not 
detected and corrected, could result in a degradation of the 
structural integrity of Frame 29 and the wing-to-fuselage 
attachment.
    The current method of inspecting the Frame 29 wing-to-fuselage 
attachment lug plate joint for corrosion is not considered adequate 
for finding corrosion in this particular area.
    To address this concern, BAE Systems (Operations) Limited has 
published Inspection Service Bulletin ISB.53-213, which replaces 
current Maintenance Review Board Report Structurally Significant 
Items Task 53-20-103 (equal to Maintenance Planning Document Tasks 
532003-DVI-10000-1, 532003-DVI-10000-2 and 532003-DVI-10000-3) and 
Corrosion Prevention and Control Programme Task C53-230-02-01.
    For the reason described above, this AD requires [detailed] 
repetitive inspections of the Frame 29 wing-to-fuselage attachment 
lug plate joint [for discrepancies, which are corrosion and fatigue 
cracking of the bolts and fastener bores; degraded, cracked, 
missing, and poor condition sealant] and repair(s) [which include 
replacing bolts, contacting BAE Systems for repair instructions and 
doing the repair, and re-applying sealant], as necessary.

The unsafe condition is degradation of the structural integrity of 
Frame 29 and the wing-to-fuselage attachment, which could result in 
loss of control of the airplane. 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.53-213, dated May 21, 2008. The actions described in this 
service information are intended to correct the unsafe condition 
identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

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

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.

[[Page 53435]]

    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 12 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 $960.

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-2009-0912; Directorate Identifier 
2009-NM-047-AD.

Comments Due Date

    (a) We must receive comments by December 3, 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 BAE Systems 
(Operations) Limited Model Avro 146-RJ70A, 146-RJ85A, and 146-RJ100A 
airplanes, certificated in any category, all serial numbers.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    Reports have been received of finding corrosion at the Frame 29 
wing-to-fuselage attachment lug plate joint. This condition, if not 
detected and corrected, could result in a degradation of the 
structural integrity of Frame 29 and the wing-to-fuselage 
attachment.
    The current method of inspecting the Frame 29 wing-to-fuselage 
attachment lug plate joint for corrosion is not considered adequate 
for finding corrosion in this particular area.
    To address this concern, BAE Systems (Operations) Limited has 
published Inspection Service Bulletin ISB.53-213, which replaces 
current Maintenance Review Board Report Structurally Significant 
Items Task 53-20-103 (equal to Maintenance Planning Document Tasks 
532003-DVI-10000-1, 532003-DVI-10000-2 and 532003-DVI-10000-3) and 
Corrosion Prevention and Control Programme Task C53-230-02-01.
    For the reason described above, this AD requires repetitive 
[detailed] inspections of the Frame 29 wing-to-fuselage attachment 
lug plate joint [for discrepancies, which are corrosion and fatigue 
cracking of the bolts and fastener bores; degraded, cracked, 
missing, and poor condition sealant] and repair(s) [which include 
replacing bolts, contacting BAE Systems for repair instructions and 
doing the repair and re-applying sealant], as necessary.
The unsafe condition is degradation of the structural integrity of 
Frame 29 and the wing-to-fuselage attachment, which could result in 
loss of control of the airplane.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 24 months after the effective date of this AD, do a 
detailed inspection for discrepancies of the frame 29 wing-to-
fuselage attachment lug plate joint, in accordance with the 
Accomplishment Instructions of BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.53-213, dated May 21, 2008.

    Note 1: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''

    (2) Repeat the inspection required by paragraph (f)(1) of this 
AD thereafter at intervals not to exceed 48 months.
    (3) During any inspection required by paragraph (f)(1) or (f)(2) 
of this AD, if it is not possible to replace a removed bolt with 
another bolt having the same part number as a replacement item, 
before further flight, contact BAE Systems to replace the removed 
bolt with an alternative bolt and do the approved BAE Systems 
repair.
    (4) If during any inspection required by paragraph (f)(1) or 
(f)(2) of this AD, any discrepancy is found, before further flight, 
repair in accordance with paragraph 2.C. of the Accomplishment 
Instructions of BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.53-213, dated May 21, 2008.
    (5) Although BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.53-213, dated May 21, 2008, specifies to submit certain 
information to the manufacturer, this AD does not include that 
requirement.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows. Although BAE Systems (Operations) Limited Inspection 
Service Bulletin ISB.53-213, dated May 21, 2008, and European 
Aviation Safety Agency AD 2009-0046, dated March 2, 2009, specify to 
submit certain information to the manufacturer, this AD does not 
include that requirement.


[[Page 53436]]



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.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2009-0046, dated March 2, 2009; and BAE Systems 
(Operations) Limited Inspection Service Bulletin ISB.53-213, dated 
May 21, 2008; for related information.


    Issued in Renton, Washington, on October 5, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-24985 Filed 10-16-09; 8:45 am]
BILLING CODE 4910-13-P