Airworthiness Directives; BAE SYSTEMS (Operations) Limited Model BAe 146 Airplanes and Model Avro 146-RJ Airplanes, 10701-10704 [2010-5016]
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Federal Register / Vol. 75, No. 45 / Tuesday, March 9, 2010 / Proposed Rules
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2008–0909; Directorate
Identifier 2007–NM–363–AD]
RIN 2120–AA64
Airworthiness Directives; BAE
SYSTEMS (Operations) Limited Model
BAe 146 Airplanes and Model Avro
146–RJ Airplanes
AGENCY: Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Supplemental notice of
proposed rulemaking (NPRM);
reopening of comment period.
SUMMARY: The FAA is revising an earlier
NPRM for an airworthiness directive
(AD) that applies to all Model BAe 146
airplanes and Model Avro 146–RJ
airplanes. The original NPRM would
have superseded an existing AD that
currently requires revising the
Airworthiness Limitations Section
(ALS) of the Instructions for Continued
Airworthiness to incorporate life limits
for certain items and inspections to
detect fatigue cracking in certain
structures. The original NPRM proposed
to require incorporating new and more
restrictive life limits for certain items
and for certain inspections to detect
fatigue cracking in certain structures.
The original NPRM resulted from
issuance of a later revision to the
airworthiness limitations. This new
action revises the original NPRM by
proposing to require revisions to the
airworthiness limitations to include
Critical Design Configuration Control
Limitations for the fuel system. We are
proposing this supplemental NPRM to
ensure that fatigue cracking of certain
structural elements is detected and
corrected, and to prevent ignition
sources in the fuel tanks; fatigue
cracking of certain structural elements
could adversely affect the structural
integrity of these airplanes.
DATES: We must receive comments on
this supplemental NPRM by April 5,
2010.
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.
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ADDRESSES:
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• 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 AD, contact BAE 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 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:
Todd Thompson, Aerospace Engineer,
International Branch, ANM–116, FAA,
Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington
98057–4056; 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–2008–0909; Directorate Identifier
2007–NM–363–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
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substantive verbal contact we receive
about this proposed AD.
Discussion
The FAA issued a notice of proposed
rulemaking (NPRM) (the ‘‘original
NPRM’’) to amend 14 CFR part 39 to
include an AD that supersedes AD
2005–23–12, amendment 39–14370 (70
FR 70483, November 22, 2005). The
existing AD applies to all BAE
SYSTEMS (Operations) Limited Model
BAe 146 airplanes and Model Avro 146–
RJ airplanes. The original NPRM was
published in the Federal Register on
August 26, 2008 (73 FR 50248). The
original NPRM proposed to supersede
the existing AD to continue to require
revising the Airworthiness Limitations
Section (ALS) of the Instructions for
Continued Airworthiness to incorporate
life limits for certain items and
inspections to detect fatigue cracking in
certain structures. The original NPRM
also proposed to require revising the
ALS of the Instructions for Continued
Airworthiness to incorporate new and
more restrictive life limits for certain
items and new and more restrictive
inspections to detect fatigue cracking in
certain structures.
Actions Since Original NPRM Was
Issued
Since we issued the original NPRM,
the European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Community, has issued EASA
Airworthiness Directive (AD) 2009–
0215, dated October 7, 2009. That EASA
AD supersedes EASA AD 2009–0020,
dated February 5, 2009, which
superseded EASA AD 2008–0132, dated
July 16, 2008; EASA AD 2008–0132
superseded EASA AD 2007–0271, dated
October 16, 2007. That EASA AD was
referenced in the original NPRM.
EASA AD 2008–0132, dated July 16,
2008, states that a new sub-chapter, 05–
15–00, has been issued for the BAE
SYSTEMS (Operations) Limited BAe
146 Series/Avro146–RJ Series Aircraft
Maintenance Manual (AMM). Subchapter 05–15–00 is titled ‘‘Critical
Design Configuration Control
Limitations (CDCCL)—Fuel System
Description and Operation.’’
In addition, EASA AD 2009–0020,
dated February 5, 2009, states that Subchapter 05–20–00, titled ‘‘Scheduled
Maintenance,’’ now includes references
to the following BAE SYSTEMS
(Operations) Limited BAe146 Series/
Avro146–RJ Series support documents:
Maintenance Review Board Report
(MRBR), Corrosion Prevention and
Control Program (CPCP), and
Supplemental Structural Inspection
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Federal Register / Vol. 75, No. 45 / Tuesday, March 9, 2010 / Proposed Rules
Document (SSID). We have included
Notes 2, 3, 4, and 5 of this supplemental
NPRM to refer to the sub-chapters and
related support documents.
In addition, we have revised
paragraph (h) of this supplemental
NPRM (paragraph (g) of the original
NPRM) to remove reference to Section
05–10 and 05–20 of Chapter 5 of the
BAE SYSTEMS (Operations) Limited
BAe146 Series/Avro146–RJ Series
AMM. However, we have provided
references to certain sub-chapters of
Chapter 5 of the BAE SYSTEMS
(Operations) Limited BAe146 Series/
Avro146–RJ Series AMM as a source of
information for complying with the
proposed requirements of paragraph (h)
of this supplemental NPRM.
Also, we have revised paragraph (h) of
this supplemental NPRM (paragraph (g)
of the original NPRM) to refer to
‘‘Chapter 5 of the BAE SYSTEMS
(Operations) Limited BAe146 Series/
Avro146–RJ Series Aircraft Maintenance
Manual,’’ instead of ‘‘the ALS of the
Instructions for Continued
Airworthiness’’ as it was referred to in
the original NPRM.
We have also added new paragraph
(d) to this supplemental NPRM to
specify the Air Transport Association
(ATA) of America code identifying the
subject, and re-identified the subsequent
paragraphs accordingly.
Relevant Service Information
BAE SYSTEMS (Operations) Limited
has issued Revision 97, dated July 15,
2009, to Sections 05–10, 05–15, and 05–
20 of the BAE SYSTEMS (Operations)
Limited BAe146 Series/Avro146–RJ
Series AMM, which includes the
CDCCLs. The CDCCLs provide
instructions to retain critical ignition
source prevention features during
configuration changes that may be
caused by modification, repair, or
maintenance actions.
Messier-Dowty has issued Service
Bulletin 146–32–171, dated August 11,
2009, which is an optional action to
extend the life limits of the main
landing gear. We have added paragraph
(j) to this supplemental NPRM to specify
doing the service bulletin for extending
the life limits of the main landing gear
main fitting from 32,000 landings to
50,000 landings on the main fitting, and
re-identified the subsequent paragraphs
accordingly.
The EASA mandated the service
information and issued Airworthiness
Directive 2009–0215, dated October 7,
2009, to ensure the continued
airworthiness of these airplanes in the
European Union.
Comments
We gave the public the opportunity to
participate in developing this AD. We
received no comments on the NPRM or
on the determination of the cost to the
public.
FAA’s Determination and Proposed
Requirements of the Supplemental
NPRM
Some of the changes discussed above
expand the scope of the original NPRM;
therefore, we have determined that it is
necessary to reopen the comment period
to provide additional opportunity for
public comment on this supplemental
NPRM.
Explanation of Change to Costs of
Compliance
Since issuance of the original NPRM,
we have increased the labor rate used in
the Costs of Compliance from $80 per
work-hour to $85 per work-hour. The
Costs of Compliance information,
below, reflects this increase in the
specified hourly labor rate.
Costs of Compliance
The following table provides the
estimated costs for U.S. operators to
comply with this proposed AD.
ESTIMATED COSTS
Action
Work hours
ALS Revision (required by AD 2005–23–12) ........
ALS Revision (new proposed action) ....................
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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
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Average
labor rate per
hour
1
1
$85
85
Parts
None ..........
None ..........
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 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
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Cost per
airplane
$85
85
Number of
U.S.registered
airplanes
Fleet cost
1
1
$85
85
under the criteria of the Regulatory
Flexibility Act.
We prepared a regulatory evaluation
of the estimated costs to comply with
this supplemental NPRM and placed it
in the AD docket. See the ADDRESSES
section for a location to examine the
regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
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:
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Federal Register / Vol. 75, No. 45 / Tuesday, March 9, 2010 / Proposed Rules
according to paragraph (k) of this AD. The
request should include a description of
changes to the required inspections that will
ensure the continued operational safety of
the airplane.
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The Federal Aviation
Administration (FAA) amends § 39.13
by removing amendment 39–14370 (70
FR 70483, November 22, 2005) and
adding the following new airworthiness
directive (AD):
Subject
(d) Air Transport Association (ATA) of
America Code 05.
BAE SYSTEMS (Operations) Limited: Docket
No. FAA–2008–0909; Directorate
Identifier 2007–NM–363–AD.
Comments Due Date
(a) The FAA must receive comments on
this AD action by April 5, 2010.
Affected ADs
(b) This AD supersedes AD 2005–23–12,
amendment 39–14370.
Applicability
(c) This AD applies to all 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.
Note 1: This AD requires revisions to
certain operator maintenance documents to
include new inspections. Compliance with
these inspections is required by 14 CFR
91.403(c). For airplanes that have been
previously modified, altered, or repaired in
the areas addressed by these inspections, the
operator may not be able to accomplish the
inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c),
the operator must request approval for an
alternative method of compliance (AMOC)
Unsafe Condition
(e) This AD results from issuance of a later
revision to the airworthiness limitations of
the BAE SYSTEMS (Operations) Limited
BAe146 Series/Avro146–RJ Series Aircraft
Maintenance Manual (AMM), which
specifies new inspections and compliance
times for inspection and replacement actions.
We are issuing this AD to ensure that fatigue
cracking of certain structural elements is
detected and corrected, and to prevent
ignition sources in the fuel tanks; fatigue
cracking of certain structural elements could
adversely affect the structural integrity of
these airplanes.
Compliance
(f) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
Restatement of Certain Requirements of AD
2005–23–12
Airworthiness Limitations Revision
(g) Within 30 days after December 27, 2005
(the effective date of AD 2005–23–12), revise
the Airworthiness Limitations Section (ALS)
of the Instructions for Continued
Airworthiness to incorporate new and more
10703
restrictive life limits for certain items and
new and more restrictive inspections to
detect fatigue cracking in certain structures,
in accordance with a method approved by
the Manager, International Branch, ANM–
116, Transport Airplane Directorate, FAA; or
the Civil Aviation Authority (or its delegated
agent).
New Requirements of This AD
New Airworthiness Limitations Revisions
(h) Within 90 days after the effective date
of this AD, revise Chapter 5 of the BAE
SYSTEMS (Operations) Limited BAe146
Series/Avro146–RJ Series AMM to
incorporate new and more restrictive life
limits for certain items and new and more
restrictive inspections to detect fatigue
cracking in certain structures, and to add fuel
system Critical Design Configuration Control
Limitations (CDCCL) to prevent ignition
sources in the fuel tanks, in accordance with
a method approved by the Manager,
International Branch, ANM–116, Transport
Airplane Directorate, FAA; or the European
Aviation Safety Agency (EASA) (or its
delegated agent). Incorporating the new and
more restrictive life limits and inspections
into the ALS terminates the requirements of
paragraph (g) of this AD, and after
incorporation has been done, the limitations
required by paragraph (g) of this AD may be
removed from the ALS.
Note 2: Guidance on revising Chapter 5 of
the BAE SYSTEMS (Operations) Limited
BAe146 Series/Avro146–RJ Series AMM,
Revision 97, dated July 15, 2009, can be
found in the applicable subchapters listed in
Table 1 of this AD.
TABLE 1—APPLICABLE AMM SUB-CHAPTERS
AMM sub-chapter
Subject
05–10–01 .....................................
05–10–05 1 ..................................
05–10–10 2 ..................................
05–10–15 .....................................
05–10–17 .....................................
05–15–00 .....................................
05–20–00 3 ..................................
05–20–01 .....................................
05–20–05 1 ..................................
05–20–10 2 ..................................
05–20–15 .....................................
Airframe Airworthiness Limitations before Life Extension Programme.
Airframe Airworthiness Limitations, Life Extension Programme Landings Life Extended.
Airframe Airworthiness Limitations, Life Extension Programme Calendar Life Extended.
Aircraft Equipment Airworthiness Limitations.
Power Plant Airworthiness Limitations.
Critical Design Configuration Control Limitations (CDCCL)—Fuel System Description and Operation.
Scheduled Maintenance.
Airframe Scheduled Maintenance—Before Life Extension Programme.
Airframe Scheduled Maintenance—Life Extension Programme Landings Life Extended.
Airframe Scheduled Maintenance—Life Extension Programme Calendar Life Extended.
Aircraft Equipment Scheduled Maintenance.
1 Applicable
only to aircraft post-modification HCM20011A or HCM20012A or HCM20013A.
only to aircraft post-modification HCM20010A.
3 Paragraphs 5 and 6 only, on the Corrosion Prevention and Control Program (CPCP) and the Supplemental Structural Inspection Document
(SSID).
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2 Applicable
Note 3: Sub-chapter 05–15–00 of the BAE
SYSTEMS (Operations) Limited BAe146
Series/Avro146–RJ Series AMM, is the
CDCCL.
Note 4: Within Sub-chapter 05–20–00 of
the BAE SYSTEMS (Operations) Limited
BAe146 Series/Avro146–RJ Series AMM, the
relevant issues of the support documents are
as follows: BAE SYSTEMS (Operations)
Limited BAe 146 Series/Avro 146–RJ
Corrosion Prevention and Control Program
Document CPCP–146–01, Revision 3, dated
July 15, 2008, including BAE SYSTEMS
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(Operations) Limited Temporary Revision
(TR) 2.1, dated December 2008; and BAE
SYSTEMS (Operations) Limited BAe146
Series Supplemental Structural Inspection
Document SSID–146–01, Revision 1, dated
June 15, 2009.
Note 5: Within Sub-chapter 05–20–01 of
the BAE SYSTEMS (Operations) Limited
BAe146 Series/Avro146–RJ Series AMM, the
relevant issue of BAE SYSTEMS (Operations)
Limited BAe 146/Avro 146–RJ Maintenance
Review Board Report Document MRB 146–
01, Issue 2, is Revision 15, dated March 2009
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(mis-identified in EASA AD 2009–0215,
dated October 7, 2009, as being dated May
2009).
Note 6: Notwithstanding any other
maintenance or operational requirements,
components that have been identified as
airworthy or installed on the affected
airplanes before the revision of the ALS, as
required by paragraphs (g) of this AD; or
before revision of Chapter 5 of the AMM, as
required by paragraph (h) of this AD; do not
need to be reworked in accordance with the
CDCCLs. However, once the ALS or AMM
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has been revised, future maintenance actions
on these components must be done in
accordance with the CDCCLs.
(i) Except as specified in paragraph (k) of
this AD: After the actions specified in
paragraph (g) or (h) of this AD have been
accomplished, no alternative inspections or
inspection intervals may be approved for the
structural elements specified in the
documents listed in paragraph (g) or (h) of
this AD.
(j) Modifying the main fittings of the main
landing gear in accordance with MessierDowty Service Bulletin 146–32–171, dated
August 11, 2009, extends the safe limit of the
main landing gear main fitting from 32,000
landings to 50,000 landings on the main
fitting.
Alternative Methods of Compliance (AMOCs)
(k) 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,
FAA, Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington
98057–4056; 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.
Related Information
(l) EASA Airworthiness Directive 2009–
0215, dated October 7, 2009; and MessierDowty Service Bulletin 146–32–171, dated
August 11, 2009; also address the subject of
this AD.
Issued in Renton, Washington, on March 2,
2010.
Suzanne Masterson,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2010–5016 Filed 3–8–10; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Economic Analysis
15 CFR Part 801
[Docket No. 0908131235–0060–01]
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RIN 0691–AA73
International Services Surveys: BE–
180, Benchmark Survey of Financial
Services Transactions Between U.S.
Financial Services Providers and
Foreign Persons
AGENCY: Bureau of Economic Analysis,
Commerce.
ACTION: Notice of proposed rulemaking.
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SUMMARY: This proposed rule would
amend regulations of the Bureau of
Economic Analysis, Department of
Commerce (BEA) to set forth the
reporting requirements for the BE–180,
Benchmark Survey of Financial Services
Transactions between U.S. Financial
Services Providers and Foreign Persons.
The BE–180 would replace a similar but
more limited survey, the BE–80,
Benchmark Survey of Financial Services
Transactions Between U.S. Financial
Services Providers and Unaffiliated
Foreign Persons. The agency form
number and survey title are being
changed because the survey would
include the collection of data on
transactions with affiliated foreigners
and unaffiliated foreigners using the
same survey instrument. If adopted the
BE–180 survey would be conducted
once every five years beginning with
fiscal year 2009.
The proposed BE–180 survey is
intended to cover financial services
transactions with foreign persons. In
nonbenchmark years, the universe
estimates covering these transactions
would be derived from the sample data
reported on BEA’s follow-on survey
(BE–185, Quarterly Survey of Financial
Services Transactions between U.S.
Financial Services Providers and
Foreign Persons).
The data will be used by BEA to
estimate the financial services
component of the U.S. International
Transactions Accounts and other
economic accounts compiled by BEA.
The data also are needed by the
government to monitor U.S. exports and
imports of financial services; analyze
their impact on the U.S. and foreign
economies; support U.S. international
trade policy on financial services; and
assess and promote U.S.
competitiveness in international trade
in services. In addition, they will
improve the ability of U.S. businesses to
identify and evaluate market
opportunities.
DATES: Comments on this proposed rule
will receive consideration if submitted
in writing on or before 5 p.m. May 10,
2010.
ADDRESSES: You may submit comments
by any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
For agency, select ‘‘Commerce
Department—all.’’
• E-mail:
Christopher.Emond@bea.gov.
• Fax: Chris Emond, Chief, Special
Surveys Branch, (202) 606–5318.
• Mail: Chris Emond, Chief, Special
Surveys Branch, Balance of Payments
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Division, U.S. Department of Commerce,
Bureau of Economic Analysis, BE–50,
Washington, DC 20230.
• Hand Delivery/Courier: Chris
Emond, Chief, Special Surveys Branch,
Balance of Payments Division, U.S.
Department of Commerce, Bureau of
Economic Analysis, BE–50, Shipping
and Receiving Section, M100, 1441 L
Street, NW., Washington, DC 20005.
Please include in your comment a
reference to RIN 0691–AA73 in the
subject line. Written comments
regarding the burden-hour estimates or
other aspects of the collection-ofinformation requirements contained in
the proposed rule should be sent both
to BEA, through any of the methods
listed above, and to the Office of
Management and Budget, O.I.R.A.,
Paperwork Reduction Project, Attention
PRA Desk Officer for BEA, via e-mail at
pbugg@omb.eop.gov, or by FAX at 202–
395–7245.
Public Inspection: All comments
received are a part of the public record
and will generally be posted to https://
www.regulations.gov without change.
All personal identifying information (for
example, name, address, etc.)
voluntarily submitted by the
commentator may be publicly
accessible. Do not submit confidential
business information or otherwise
sensitive or protected information. BEA
will accept anonymous comments.
FOR FURTHER INFORMATION CONTACT:
Chris Emond, Chief, Special Surveys
Branch, Balance of Payments Division
(BE–50), Bureau of Economic Analysis,
U.S. DOC, Washington, DC 20230;
e-mail Christopher.Emond@bea.gov; or
phone (202) 606–9826.
This
proposed rule would amend 15 CFR
Part 801 to set forth the reporting
requirements for the BE–180,
Benchmark Survey of Financial Services
Transactions between U.S. Financial
Services Providers and Foreign Persons.
The BE–180 would replace a similar but
more limited survey, the BE–80,
Benchmark Survey of Financial Services
Transactions Between U.S. Financial
Services Providers and Unaffiliated
Foreign Persons, and would include the
collection of data on transactions with
affiliated foreigners and unaffiliated
foreigners. The proposed BE–180 survey
is intended to cover financial services
transactions with foreign persons. In
nonbenchmark years, the universe
estimates covering these transactions
would be derived from the sample data
reported on BEA’s follow-on survey
(BE–185, Quarterly Survey of Financial
Services Transactions between U.S.
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 75, Number 45 (Tuesday, March 9, 2010)]
[Proposed Rules]
[Pages 10701-10704]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-5016]
[[Page 10701]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-0909; Directorate Identifier 2007-NM-363-AD]
RIN 2120-AA64
Airworthiness Directives; BAE SYSTEMS (Operations) Limited Model
BAe 146 Airplanes and Model Avro 146-RJ Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.
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SUMMARY: The FAA is revising an earlier NPRM for an airworthiness
directive (AD) that applies to all Model BAe 146 airplanes and Model
Avro 146-RJ airplanes. The original NPRM would have superseded an
existing AD that currently requires revising the Airworthiness
Limitations Section (ALS) of the Instructions for Continued
Airworthiness to incorporate life limits for certain items and
inspections to detect fatigue cracking in certain structures. The
original NPRM proposed to require incorporating new and more
restrictive life limits for certain items and for certain inspections
to detect fatigue cracking in certain structures. The original NPRM
resulted from issuance of a later revision to the airworthiness
limitations. This new action revises the original NPRM by proposing to
require revisions to the airworthiness limitations to include Critical
Design Configuration Control Limitations for the fuel system. We are
proposing this supplemental NPRM to ensure that fatigue cracking of
certain structural elements is detected and corrected, and to prevent
ignition sources in the fuel tanks; fatigue cracking of certain
structural elements could adversely affect the structural integrity of
these airplanes.
DATES: We must receive comments on this supplemental NPRM by April 5,
2010.
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 AD, contact BAE 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 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: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-4056; 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-2008-0909;
Directorate Identifier 2007-NM-363-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 issued a notice of proposed rulemaking (NPRM) (the
``original NPRM'') to amend 14 CFR part 39 to include an AD that
supersedes AD 2005-23-12, amendment 39-14370 (70 FR 70483, November 22,
2005). The existing AD applies to all BAE SYSTEMS (Operations) Limited
Model BAe 146 airplanes and Model Avro 146-RJ airplanes. The original
NPRM was published in the Federal Register on August 26, 2008 (73 FR
50248). The original NPRM proposed to supersede the existing AD to
continue to require revising the Airworthiness Limitations Section
(ALS) of the Instructions for Continued Airworthiness to incorporate
life limits for certain items and inspections to detect fatigue
cracking in certain structures. The original NPRM also proposed to
require revising the ALS of the Instructions for Continued
Airworthiness to incorporate new and more restrictive life limits for
certain items and new and more restrictive inspections to detect
fatigue cracking in certain structures.
Actions Since Original NPRM Was Issued
Since we issued the original NPRM, the European Aviation Safety
Agency (EASA), which is the Technical Agent for the Member States of
the European Community, has issued EASA Airworthiness Directive (AD)
2009-0215, dated October 7, 2009. That EASA AD supersedes EASA AD 2009-
0020, dated February 5, 2009, which superseded EASA AD 2008-0132, dated
July 16, 2008; EASA AD 2008-0132 superseded EASA AD 2007-0271, dated
October 16, 2007. That EASA AD was referenced in the original NPRM.
EASA AD 2008-0132, dated July 16, 2008, states that a new sub-
chapter, 05-15-00, has been issued for the BAE SYSTEMS (Operations)
Limited BAe 146 Series/Avro146-RJ Series Aircraft Maintenance Manual
(AMM). Sub-chapter 05-15-00 is titled ``Critical Design Configuration
Control Limitations (CDCCL)--Fuel System Description and Operation.''
In addition, EASA AD 2009-0020, dated February 5, 2009, states that
Sub-chapter 05-20-00, titled ``Scheduled Maintenance,'' now includes
references to the following BAE SYSTEMS (Operations) Limited BAe146
Series/Avro146-RJ Series support documents: Maintenance Review Board
Report (MRBR), Corrosion Prevention and Control Program (CPCP), and
Supplemental Structural Inspection
[[Page 10702]]
Document (SSID). We have included Notes 2, 3, 4, and 5 of this
supplemental NPRM to refer to the sub-chapters and related support
documents.
In addition, we have revised paragraph (h) of this supplemental
NPRM (paragraph (g) of the original NPRM) to remove reference to
Section 05-10 and 05-20 of Chapter 5 of the BAE SYSTEMS (Operations)
Limited BAe146 Series/Avro146-RJ Series AMM. However, we have provided
references to certain sub-chapters of Chapter 5 of the BAE SYSTEMS
(Operations) Limited BAe146 Series/Avro146-RJ Series AMM as a source of
information for complying with the proposed requirements of paragraph
(h) of this supplemental NPRM.
Also, we have revised paragraph (h) of this supplemental NPRM
(paragraph (g) of the original NPRM) to refer to ``Chapter 5 of the BAE
SYSTEMS (Operations) Limited BAe146 Series/Avro146-RJ Series Aircraft
Maintenance Manual,'' instead of ``the ALS of the Instructions for
Continued Airworthiness'' as it was referred to in the original NPRM.
We have also added new paragraph (d) to this supplemental NPRM to
specify the Air Transport Association (ATA) of America code identifying
the subject, and re-identified the subsequent paragraphs accordingly.
Relevant Service Information
BAE SYSTEMS (Operations) Limited has issued Revision 97, dated July
15, 2009, to Sections 05-10, 05-15, and 05-20 of the BAE SYSTEMS
(Operations) Limited BAe146 Series/Avro146-RJ Series AMM, which
includes the CDCCLs. The CDCCLs provide instructions to retain critical
ignition source prevention features during configuration changes that
may be caused by modification, repair, or maintenance actions.
Messier-Dowty has issued Service Bulletin 146-32-171, dated August
11, 2009, which is an optional action to extend the life limits of the
main landing gear. We have added paragraph (j) to this supplemental
NPRM to specify doing the service bulletin for extending the life
limits of the main landing gear main fitting from 32,000 landings to
50,000 landings on the main fitting, and re-identified the subsequent
paragraphs accordingly.
The EASA mandated the service information and issued Airworthiness
Directive 2009-0215, dated October 7, 2009, to ensure the continued
airworthiness of these airplanes in the European Union.
Comments
We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.
FAA's Determination and Proposed Requirements of the Supplemental NPRM
Some of the changes discussed above expand the scope of the
original NPRM; therefore, we have determined that it is necessary to
reopen the comment period to provide additional opportunity for public
comment on this supplemental NPRM.
Explanation of Change to Costs of Compliance
Since issuance of the original NPRM, we have increased the labor
rate used in the Costs of Compliance from $80 per work-hour to $85 per
work-hour. The Costs of Compliance information, below, reflects this
increase in the specified hourly labor rate.
Costs of Compliance
The following table provides the estimated costs for U.S. operators
to comply with this proposed AD.
Estimated Costs
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Number of
Average Cost per U.S.-
Action Work hours labor rate Parts airplane registered Fleet cost
per hour airplanes
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ALS Revision (required by AD 2005-23-12)....... 1 $85 None............................. $85 1 $85
ALS Revision (new proposed action)............. 1 85 None............................. 85 1 85
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Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We have determined that this 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
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 supplemental NPRM and placed it in the AD docket. See
the ADDRESSES section for a location to examine the regulatory
evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
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:
[[Page 10703]]
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by
removing amendment 39-14370 (70 FR 70483, November 22, 2005) and adding
the following new airworthiness directive (AD):
BAE SYSTEMS (Operations) Limited: Docket No. FAA-2008-0909;
Directorate Identifier 2007-NM-363-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by April 5,
2010.
Affected ADs
(b) This AD supersedes AD 2005-23-12, amendment 39-14370.
Applicability
(c) This AD applies to all 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.
Note 1: This AD requires revisions to certain operator
maintenance documents to include new inspections. Compliance with
these inspections is required by 14 CFR 91.403(c). For airplanes
that have been previously modified, altered, or repaired in the
areas addressed by these inspections, the operator may not be able
to accomplish the inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance (AMOC)
according to paragraph (k) of this AD. The request should include a
description of changes to the required inspections that will ensure
the continued operational safety of the airplane.
Subject
(d) Air Transport Association (ATA) of America Code 05.
Unsafe Condition
(e) This AD results from issuance of a later revision to the
airworthiness limitations of the BAE SYSTEMS (Operations) Limited
BAe146 Series/Avro146-RJ Series Aircraft Maintenance Manual (AMM),
which specifies new inspections and compliance times for inspection
and replacement actions. We are issuing this AD to ensure that
fatigue cracking of certain structural elements is detected and
corrected, and to prevent ignition sources in the fuel tanks;
fatigue cracking of certain structural elements could adversely
affect the structural integrity of these airplanes.
Compliance
(f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Restatement of Certain Requirements of AD 2005-23-12
Airworthiness Limitations Revision
(g) Within 30 days after December 27, 2005 (the effective date
of AD 2005-23-12), revise the Airworthiness Limitations Section
(ALS) of the Instructions for Continued Airworthiness to incorporate
new and more restrictive life limits for certain items and new and
more restrictive inspections to detect fatigue cracking in certain
structures, in accordance with a method approved by the Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA;
or the Civil Aviation Authority (or its delegated agent).
New Requirements of This AD
New Airworthiness Limitations Revisions
(h) Within 90 days after the effective date of this AD, revise
Chapter 5 of the BAE SYSTEMS (Operations) Limited BAe146 Series/
Avro146-RJ Series AMM to incorporate new and more restrictive life
limits for certain items and new and more restrictive inspections to
detect fatigue cracking in certain structures, and to add fuel
system Critical Design Configuration Control Limitations (CDCCL) to
prevent ignition sources in the fuel tanks, in accordance with a
method approved by the Manager, International Branch, ANM-116,
Transport Airplane Directorate, FAA; or the European Aviation Safety
Agency (EASA) (or its delegated agent). Incorporating the new and
more restrictive life limits and inspections into the ALS terminates
the requirements of paragraph (g) of this AD, and after
incorporation has been done, the limitations required by paragraph
(g) of this AD may be removed from the ALS.
Note 2: Guidance on revising Chapter 5 of the BAE SYSTEMS
(Operations) Limited BAe146 Series/Avro146-RJ Series AMM, Revision
97, dated July 15, 2009, can be found in the applicable subchapters
listed in Table 1 of this AD.
Table 1--Applicable AMM Sub-Chapters
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AMM sub-chapter Subject
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05-10-01..................................... Airframe Airworthiness
Limitations before Life
Extension Programme.
05-10-05 \1\................................. Airframe Airworthiness
Limitations, Life
Extension Programme
Landings Life Extended.
05-10-10 \2\................................. Airframe Airworthiness
Limitations, Life
Extension Programme
Calendar Life Extended.
05-10-15..................................... Aircraft Equipment
Airworthiness
Limitations.
05-10-17..................................... Power Plant Airworthiness
Limitations.
05-15-00..................................... Critical Design
Configuration Control
Limitations (CDCCL)--
Fuel System Description
and Operation.
05-20-00 \3\................................. Scheduled Maintenance.
05-20-01..................................... Airframe Scheduled
Maintenance--Before Life
Extension Programme.
05-20-05 \1\................................. Airframe Scheduled
Maintenance--Life
Extension Programme
Landings Life Extended.
05-20-10 \2\................................. Airframe Scheduled
Maintenance--Life
Extension Programme
Calendar Life Extended.
05-20-15..................................... Aircraft Equipment
Scheduled Maintenance.
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\1\ Applicable only to aircraft post-modification HCM20011A or HCM20012A
or HCM20013A.
\2\ Applicable only to aircraft post-modification HCM20010A.
\3\ Paragraphs 5 and 6 only, on the Corrosion Prevention and Control
Program (CPCP) and the Supplemental Structural Inspection Document
(SSID).
Note 3: Sub-chapter 05-15-00 of the BAE SYSTEMS (Operations)
Limited BAe146 Series/Avro146-RJ Series AMM, is the CDCCL.
Note 4: Within Sub-chapter 05-20-00 of the BAE SYSTEMS
(Operations) Limited BAe146 Series/Avro146-RJ Series AMM, the
relevant issues of the support documents are as follows: BAE SYSTEMS
(Operations) Limited BAe 146 Series/Avro 146-RJ Corrosion Prevention
and Control Program Document CPCP-146-01, Revision 3, dated July 15,
2008, including BAE SYSTEMS (Operations) Limited Temporary Revision
(TR) 2.1, dated December 2008; and BAE SYSTEMS (Operations) Limited
BAe146 Series Supplemental Structural Inspection Document SSID-146-
01, Revision 1, dated June 15, 2009.
Note 5: Within Sub-chapter 05-20-01 of the BAE SYSTEMS
(Operations) Limited BAe146 Series/Avro146-RJ Series AMM, the
relevant issue of BAE SYSTEMS (Operations) Limited BAe 146/Avro 146-
RJ Maintenance Review Board Report Document MRB 146-01, Issue 2, is
Revision 15, dated March 2009 (mis-identified in EASA AD 2009-0215,
dated October 7, 2009, as being dated May 2009).
Note 6: Notwithstanding any other maintenance or operational
requirements, components that have been identified as airworthy or
installed on the affected airplanes before the revision of the ALS,
as required by paragraphs (g) of this AD; or before revision of
Chapter 5 of the AMM, as required by paragraph (h) of this AD; do
not need to be reworked in accordance with the CDCCLs. However, once
the ALS or AMM
[[Page 10704]]
has been revised, future maintenance actions on these components
must be done in accordance with the CDCCLs.
(i) Except as specified in paragraph (k) of this AD: After the
actions specified in paragraph (g) or (h) of this AD have been
accomplished, no alternative inspections or inspection intervals may
be approved for the structural elements specified in the documents
listed in paragraph (g) or (h) of this AD.
(j) Modifying the main fittings of the main landing gear in
accordance with Messier-Dowty Service Bulletin 146-32-171, dated
August 11, 2009, extends the safe limit of the main landing gear
main fitting from 32,000 landings to 50,000 landings on the main
fitting.
Alternative Methods of Compliance (AMOCs)
(k) 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, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-4056; 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.
Related Information
(l) EASA Airworthiness Directive 2009-0215, dated October 7,
2009; and Messier-Dowty Service Bulletin 146-32-171, dated August
11, 2009; also address the subject of this AD.
Issued in Renton, Washington, on March 2, 2010.
Suzanne Masterson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-5016 Filed 3-8-10; 8:45 am]
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