Airworthiness Directives; BAE Systems (Operations) Limited Model BAe 146-100A, -200A, and -300A Series Airplanes, and Model Avro 146-RJ70A, 146-RJ85A, and 146-RJ100A Airplanes, 23568-23571 [2010-9944]
Download as PDF
23568
Federal Register / Vol. 75, No. 85 / Tuesday, May 4, 2010 / Rules and Regulations
constitutes compliance with the
consumer disclosure requirement in
paragraph (b) of this section.
(3) Additional content limitations. If
the notice is a separate document,
nothing other than the following items
may appear with the notice:
(i) Your name and address;
(ii) An identification of the debt to be
cosigned (e.g., a loan identification
number);
(iii) The date (of the transaction); and
(iv) The statement, ‘‘This notice is not
the contract that makes you liable for
the debt.’’
(d) Cosigner defined. (1) Cosigner
means a natural person who assumes
liability for the obligation of a consumer
without receiving goods, services, or
money in return for the obligation, or,
in the case of an open-end credit
obligation, without receiving the
contractual right to obtain extensions of
credit under the account.
(2) Cosigner includes any person
whose signature is requested as a
condition to granting credit to a
consumer, or as a condition for
forbearance on collection of a
consumer’s obligation that is in default.
The term does not include a spouse or
other person whose signature is
required on a credit obligation to perfect
a security interest pursuant to state law.
(3) A person who meets the definition
in this paragraph is a cosigner, whether
or not the person is designated as such
on a credit obligation.
WReier-Aviles on DSKGBLS3C1PROD with RULES
§ 535.14
Unfair late charges.
(a) Prohibition. In connection with
collecting a debt arising out of an
extension of credit to a consumer, it is
an unfair act or practice for you, directly
or indirectly, to levy or collect any
delinquency charge on a payment, when
the only delinquency is attributable to
late fees or ydelinquency charges
assessed on earlier installments and the
payment is otherwise a full payment for
the applicable period and is paid on its
due date or within an applicable grace
period.
(b) Collecting a debt defined—
Collecting a debt means, for the
purposes of this section, any activity,
other than the use of judicial process,
that is intended to bring about or does
bring about repayment of all or part of
money due (or alleged to be due) from
a consumer.
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Appendix to Part 535—Official Staff
Commentary
Subpart A—General Provisions
Section 535.1 Authority, Purpose, and
Scope.
1(c) Scope
1. Penalties for noncompliance.
Administrative enforcement of the rule
for savings associations may involve
actions under section 8 of the Federal
Deposit Insurance Act (12 U.S.C. 1818),
including cease-and-desist orders
requiring that actions be taken to
remedy violations and civil money
penalties.
2. Application to subsidiaries. The
term ‘‘savings association’’ as used in
this Appendix also includes
subsidiaries owned in whole or in part
by a savings association.
Dated: April 27, 2010.
By the Office of Thrift Supervision.
John E. Bowman,
Acting Director.
[FR Doc. 2010–10196 Filed 5–3–10; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2009–1250; Directorate
Identifier 2008–NM–169–AD; Amendment
39–16276; AD 2010–09–11]
RIN 2120–AA64
Airworthiness Directives; BAE
Systems (Operations) Limited Model
BAe 146–100A, –200A, and –300A
Series Airplanes, and Model Avro 146–
RJ70A, 146–RJ85A, and 146–RJ100A
Airplanes
AGENCY: Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
SUMMARY: We are superseding an
existing airworthiness directive (AD) for
the products listed above. This 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:
In 1991, the UK Civil Aviation Authority
(CAA) issued AD 015–08–91 [which
corresponds to FAA AD 93–01–11], requiring
the accomplishment of inspections of, and in
case of crack findings, corrective actions on,
the wing top skin at rib ‘0’ of pre-
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modification HCM00851C BAe 146 series
aircraft in accordance with British Aerospace
Service Bulletin (SB) 57–41 dated 26 July
1991. Recently, BAE Systems (Operations)
Ltd has determined that a revised inspection
programme for the wing top skin and joint
strap at rib ‘0’ on all BAe 146 and AVRO
146–RJ aircraft is necessary to assure the
continued structural integrity of this area.
Cracking of the wing centre section top skin,
if undetected, could lead to structural failure
and consequent loss of the aircraft.
*
*
*
*
*
We are issuing this AD to require
actions to correct the unsafe condition
on these products.
DATES: This AD becomes effective June
8, 2010.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of June 8, 2010.
On March 2, 1993 (58 FR 6081,
January 26, 1993), the Director of the
Federal Register approved the
incorporation by reference of a certain
other publication listed in this AD.
ADDRESSES: You may examine the AD
docket on the Internet at https://
www.regulations.gov or in person at the
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC.
FOR FURTHER INFORMATION CONTACT:
Todd Thompson, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 227–1175; fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to the specified products. That
NPRM was published in the Federal
Register on January 12, 2010 (75 FR
1563), and proposed to supersede AD
93–01–11, Amendment 39–8465 (58 FR
6081, January 26, 1993). That NPRM
proposed to correct an unsafe condition
for the specified products. The MCAI
states:
In 1991, the UK Civil Aviation Authority
(CAA) issued AD 015–08–91 [which
corresponds to FAA AD 93–01–11], requiring
the accomplishment of inspections of, and in
case of crack findings, corrective actions on,
the wing top skin at rib ‘0’ of premodification HCM00851C BAe 146 series
aircraft in accordance with British Aerospace
Service Bulletin (SB) 57–41 dated 26 July
1991. Recently, BAE Systems (Operations)
Ltd has determined that a revised inspection
programme for the wing top skin and joint
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04MYR1
Federal Register / Vol. 75, No. 85 / Tuesday, May 4, 2010 / Rules and Regulations
strap at rib ‘0’ on all BAe 146 and AVRO
146–RJ aircraft is necessary to assure the
continued structural integrity of this area.
Cracking of the wing centre section top skin,
if undetected, could lead to structural failure
and consequent loss of the aircraft.
For the reasons described above, this new
EASA [European Aviation Safety Agency] AD
supersedes UK CAA AD 015–08–91 and
requires repetitive high-frequency eddy
current (HFEC), radiographic, ultrasonic, and
detailed visual inspections [for cracking and
corrosion] of the wing top skin and joint
strap at rib ‘0’, the reporting of all inspection
results to BAE Systems and, in case of
findings, the accomplishment of corrective
actions.
The corrective actions include repairing
cracking and corrosion, and contacting
BAE Systems (Operations) Limited for
repair instructions and doing the repair.
You may obtain further information by
examining the MCAI in the AD docket.
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.
Conclusion
We reviewed the available data and
determined that air safety and the
public interest require adopting the AD
as proposed.
Differences Between This AD and the
MCAI or Service Information
We have reviewed the MCAI and
related service information and, in
general, agree with their substance. But
we might have found it necessary to use
different words from those in the MCAI
to ensure the AD is clear for U.S.
operators and is enforceable. In making
these changes, we do not intend to differ
substantively from the information
provided in the MCAI and related
service information.
We might also have required different
actions in this AD from those in the
MCAI in order to follow our FAA
policies. Any such differences are
highlighted in a NOTE within the AD.
WReier-Aviles on DSKGBLS3C1PROD with RULES
Explanation of Change to Costs of
Compliance
After the NPRM was issued, we
reviewed the figures we have used over
the past several years to calculate AD
costs to operators. To account for
various inflationary costs in the airline
industry, we find it necessary to
increase the labor rate used in these
calculations from $80 per work hour to
$85 per work hour. The cost impact
information, below, reflects this
increase in the specified hourly labor
rate.
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14:28 May 03, 2010
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Costs of Compliance
We estimate that this AD will affect
about 1 product of U.S. registry.
The actions that are required by AD
93–01–11 and retained in this AD take
about 4 work-hours per product, at an
average labor rate of $85 per work hour.
Based on these figures, the estimated
cost of the currently required actions is
$340 per product.
We estimate that it will take about 4
work-hours per product to comply with
the new basic requirements of this AD.
The average labor rate is $85 per workhour. Based on these figures, we
estimate the cost of this AD to the U.S.
operators to be $340.
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 AD will not
have federalism implications under
Executive Order 13132. This AD will
not have a substantial direct effect on
the States, on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this AD:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); and
3. Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
We prepared a regulatory evaluation
of the estimated costs to comply with
this AD and placed it in the AD docket.
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23569
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 the NPRM, 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
■
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
removing Amendment 39–8465 (58 FR
6081, January 26, 1993) and adding the
following new AD:
■
2010–09–11 BAE Systems (Operations)
Limited: Amendment 39–16276. Docket
No. FAA–2009–1250; Directorate
Identifier 2008–NM–169–AD.
Effective Date
(a) This airworthiness directive (AD)
becomes effective June 8, 2010.
Affected ADs
(b) The AD supersedes AD 93–01–11,
Amendment 39–8465.
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.
Subject
(d) Air Transport Association (ATA) of
America Code 57: Wings.
Reason
(e) The mandatory continuing
airworthiness information (MCAI) states:
In 1991, the UK Civil Aviation Authority
(CAA) issued AD 015–08–91 [which
corresponds to FAA AD 93–01–11], requiring
the accomplishment of inspections of, and in
case of crack findings, corrective actions on,
the wing top skin at rib ‘0’ of pre-
E:\FR\FM\04MYR1.SGM
04MYR1
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Federal Register / Vol. 75, No. 85 / Tuesday, May 4, 2010 / Rules and Regulations
WReier-Aviles on DSKGBLS3C1PROD with RULES
modification HCM00851C BAe 146 series
aircraft in accordance with British Aerospace
Service Bulletin (SB) 57–41 dated 26 July
1991. Recently, BAE Systems (Operations)
Ltd has determined that a revised inspection
programme for the wing top skin and joint
strap at rib ‘0’ on all BAe 146 and AVRO
146–RJ aircraft is necessary to assure the
continued structural integrity of this area.
Cracking of the wing centre section top skin,
if undetected, could lead to structural failure
and consequent loss of the aircraft.
For the reasons described above, this new
EASA [European Aviation Safety Agency] AD
supersedes UK CAA AD 015–08–91 and
requires repetitive high-frequency eddy
current (HFEC), radiographic, ultrasonic, and
detailed visual inspections [for cracking and
corrosion] of the wing top skin and joint
strap at rib ‘0’, the reporting of all inspection
results to BAE Systems and, in case of
findings, the accomplishment of corrective
actions.
The corrective actions include repairing
cracking and corrosion, and contacting BAE
Systems (Operations) Limited for repair
instructions and doing the repair.
Restatement of Requirements of AD 93–01–
11, With No Changes
(f) Unless already done, for Model BAe
146–100A, –200A, and –300A series
airplanes: Prior to the accumulation of 24,000
landings, or within 60 days after March 2,
1993 (the effective date of AD 93–01–11),
whichever occurs later: Perform an X-ray
inspection to detect fatigue cracks in the left
and right wing upper skins, joint straps, and
stringers in the vicinity of rib ‘‘0,’’ in
accordance with British Aerospace
Inspection Service Bulletin 57–41, dated July
26, 1991. Doing the inspection required by
paragraph (g)(1) of this AD terminates the
inspection required by this paragraph.
(1) If cracks are found, prior to further
flight, repair in accordance with a method
approved by the Manager, Standardization
Branch, ANM–113, Transport Airplane
Directorate, FAA; or the Manager,
International Branch, ANM–116, Transport
Airplane Directorate, FAA. As of the effective
date of this AD, repair in accordance with a
method approved by the Manager,
International Branch, ANM–116, Transport
Airplane Directorate, FAA. Thereafter, repeat
the inspection required by paragraph (f) of
this AD at intervals not to exceed 9,000
landings, in accordance with British
Aerospace Inspection Service Bulletin 57–41,
dated July 26, 1991, until the initial
inspection required by paragraph (g)(1) of
this AD is accomplished.
(2) If no cracks are found, repeat the
inspection required by paragraph (f) of this
AD at intervals not to exceed 9,000 landings,
in accordance with British Aerospace
Inspection Service Bulletin 57–41, dated July
26, 1991, until the initial inspection required
by paragraph (g)(1) of this AD is
accomplished.
New Requirements of This AD
(g) Unless already done, do the following
actions.
Note 1: The instructions of BAE Systems
(Operations) Limited Inspection Service
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14:28 May 03, 2010
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Bulletin ISB.57–070, dated October 15, 2007,
which is the subject of this AD, are divided
into two parts; consequently, the statement in
paragraph 1.C. of BAE Systems (Operations)
Limited Inspection Service Bulletin ISB.57–
070, dated October 15, 2007, that there are
three parts is incorrect and can be
disregarded.
(1) At the applicable compliance time
specified in paragraph (g)(1)(i) or (g)(1)(ii) of
this AD: Do an HFEC inspection of the front
and rear spar flanges, a detailed visual
inspection of the stringers, and a detailed
visual inspection of the stringer crown
fittings, all at the rib ‘‘0’’ joint strap, for
cracking and corrosion, and do all applicable
corrective actions, in accordance with ‘‘Part
1’’ of paragraph 2.C., ‘‘Inspection,’’ of BAE
Systems (Operations) Limited Inspection
Service Bulletin ISB.57–070, dated October
15, 2007. Repeat the inspections thereafter at
intervals not to exceed 4,000 flight cycles. Do
all applicable corrective actions before
further flight. Accomplishment of these
initial inspections terminates the inspections
required by paragraphs (f), (f)(1), and (f)(2) of
this AD.
(i) For airplanes on which an inspection
was not done in accordance with
Supplemental Structural Inspection (SSI) 57–
10–101 (MPD 571001–DVI–10000–1) as of
the effective date of this AD: Prior to the
accumulation of 20,000 total flight cycles, or
within 4,000 flight cycles after the effective
date of this AD, whichever occurs later.
(ii) For airplanes on which an inspection
was done in accordance with SSI 57–10–101
(MPD 571001–DVI–10000–1) as of the
effective date of this AD: Within 3,000 flight
cycles after the effective date of this AD.
(2) At the applicable compliance time
specified in paragraph (g)(2)(i) or (g)(2)(ii) of
this AD: Do detailed visual and HFEC
inspections to detect cracking and corrosion
of the rib ‘‘0’’ strap, a radiographic inspection
of the rib ‘‘0’’ joint, and an ultrasonic
inspection of the skin at the rib ‘‘0’’ joint
strap, and do all applicable corrective
actions, in accordance with ‘‘PART 2’’ of
paragraph 2.C. ‘‘Inspection’’ of BAE Systems
(Operations) Limited Inspection Service
Bulletin ISB.57–070, dated October 15, 2007.
Do all applicable corrective actions before
further flight. Repeat the inspections
thereafter at intervals not to exceed 4,000
flight cycles.
(i) For airplanes on which an inspection
was not done in accordance with SSI 57–10–
102 and 57–10–102A (MPD 571002–SDI–
10000–1 and 571002–SDI–10000–2) as of the
effective date of this AD: Before the
accumulation of 24,000 total flight cycles, or
within 4,000 flight cycles after the effective
date of this AD, whichever occurs later.
(ii) For airplanes on which an inspection
was done in accordance with SSI 57–10–102
or 57–10–102A (MPD 571002–SDI–10000–1
or 571002–SDI–10000–2) as of the effective
date of this AD: Within 3,000 flight cycles
after the effective date of this AD.
(3) Submit a report of the findings (both
positive and negative) of the initial
inspections required by paragraphs (g)(1) and
(g)(2) of this AD to BAE Systems (Operations)
Limited, at the applicable time specified in
paragraph (g)(3)(i) or (g)(3)(ii) of this AD. The
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Fmt 4700
Sfmt 4700
report must include the inspection results, a
description of any discrepancies found, the
airplane serial number, and the number of
landings and flight hours on the airplane.
Send reports to Customer Liaison, Customer
Support (Building 37), BAE SYSTEMS
(Operations) Limited, Prestwick International
Airport, Ayrshire, KA9 2RW, Scotland; fax
+44 (0) 1292 675432; e-mail
raengliaison@baesystems.com.
(i) If the inspection was done on or after
the effective date of this AD: Submit the
report within 30 days after the inspection.
(ii) If the inspection was done before the
effective date of this AD: Submit the report
within 30 days after the effective date of this
AD.
(4) Accomplishment of any repair does not
constitute terminating action for the
inspection requirements of this AD.
FAA AD Differences
Note 2: This AD differs from the MCAI
and/or service information as follows: No
differences.
Other FAA AD Provisions
(h) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Branch, ANM–116, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
Send information to ATTN: Todd Thompson,
Aerospace Engineer, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone (425)
227–1175; fax (425) 227–1149. Before using
any approved AMOC on any airplane to
which the AMOC applies, notify your
principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as
appropriate, or lacking a principal inspector,
your local Flight Standards District Office.
The AMOC approval letter must specifically
reference this AD.
(2) Airworthy Product: For any requirement
in this AD to obtain corrective actions from
a manufacturer or other source, use these
actions if they are FAA-approved. Corrective
actions are considered FAA-approved if they
are approved by the State of Design Authority
(or their delegated agent). You are required
to assure the product is airworthy before it
is returned to service.
(3) Reporting Requirements: For any
reporting requirement in this AD, under the
provisions of the Paperwork Reduction Act
(44 U.S.C. 3501 et seq.), the Office of
Management and Budget (OMB) has
approved the information collection
requirements and has assigned OMB Control
Number 2120–0056.
Related Information
(i) Refer to MCAI European Aviation Safety
Agency (EASA) Airworthiness Directive
2008–0168, dated September 2, 2008; British
Aerospace Inspection Service Bulletin 57–41,
dated July 26, 1991; and BAE Systems
(Operations) Limited Inspection Service
Bulletin ISB.57–070, dated October 15, 2007;
for related information.
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Federal Register / Vol. 75, No. 85 / Tuesday, May 4, 2010 / Rules and Regulations
Material Incorporated by Reference
DEPARTMENT OF TRANSPORTATION
(j) You must use British Aerospace
Inspection Service Bulletin 57–41, dated July
26, 1991; and BAE Systems (Operations)
Limited Inspection Service Bulletin ISB.57–
070, dated October 15, 2007; as applicable; to
do the actions required by this AD, unless the
AD specifies otherwise.
(1) The Director of the Federal Register
approved the incorporation by reference of
BAE Systems (Operations) Limited
Inspection Service Bulletin ISB.57–070,
dated October 15, 2007, under 5 U.S.C. 552(a)
and 1 CFR part 51.
(2) The Director of the Federal Register
previously approved the incorporation by
reference of British Aerospace Inspection
Service Bulletin 57–41, dated July 26, 1991,
on March 2, 1993 (58 FR 6081, January 26,
1993).
(3) For service information identified in
this AD, contact BAE Systems Regional
Aircraft, 13850 McLearen Road, Herndon,
Virginia 20171; telephone 703–736–1080; email raebusiness@baesystems.com; Internet
https://www.baesystems.com/Businesses/
RegionalAircraft/index.htm.
(4) You may review copies of the 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.
(5) You may also review copies of the
service information that is incorporated by
reference at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030, or go
to: https://www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington on April 22,
2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2010–9944 Filed 5–3–10; 8:45 am]
BILLING CODE 4910–13–P
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2010–0032; Directorate
Identifier 2009–NM–213–AD; Amendment
39–16277; AD 2010–09–12]
RIN 2120–AA64
Airworthiness Directives; McDonnell
Douglas Corporation Model DC–10–10,
DC–10–10F, DC–10–15, DC–10–30, DC–
10–30F (KC–10A and KDC–10), DC–10–
40, DC–10–40F, MD–10–10F, MD–10–
30F, MD–11, and MD–11F Airplanes
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
SUMMARY: We are adopting a new
airworthiness directive (AD) for certain
Model DC–10–10, DC–10–10F, DC–10–
15, DC–10–30, DC–10–30F (KC–10A
and KDC–10), DC–10–40, DC–10–40F,
MD–10–10F, MD–10–30F, MD–11, and
MD–11F airplanes. This AD requires a
one-time installation of electrical
bonding jumpers for the fill valve
controllers of fuel tanks. This AD results
from fuel system reviews conducted by
the manufacturer. We are issuing this
AD to prevent point-of-contact arcing or
filament heating damage in the fuel
tanks, which could result in fuel tank
explosions and consequent loss of the
airplane.
DATES: This AD is effective June 8, 2010.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in the AD
as of June 8, 2010.
ADDRESSES: For service information
identified in this AD, contact Boeing
Commercial Airplanes, Attention: Data
& Services Management, 3855
Lakewood Boulevard, MC D800–0019,
Long Beach, California 90846–0001;
telephone 206–544–5000, extension 2;
fax 206–766–5683; e-mail
dse.boecom@boeing.com; Internet
https://www.myboeingfleet.com.
WReier-Aviles on DSKGBLS3C1PROD with RULES
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
23571
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD
docket contains this AD, the regulatory
evaluation, any comments received, and
other information. The address for the
Docket Office (telephone 800–647–5527)
is the Document Management Facility,
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT:
Philip Kush, Aerospace Engineer,
Propulsion Branch, ANM–140L, FAA,
Los Angeles Aircraft Certification
Office, 3960 Paramount Boulevard,
Lakewood, California 90712–4137;
telephone (562) 627–5263; fax (562)
627–5210.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness
directive (AD) that would apply to
certain Model DC–10–10, DC–10–10F,
DC–10–15, DC–10–30, DC–10–30F (KC–
10A and KDC–10), DC–10–40, DC–10–
40F, MD–10–10F, MD–10–30F, MD–11,
and MD–11F airplanes. That NPRM was
published in the Federal Register on
February 8, 2010 (75 FR 6160). That
NPRM proposed to require a one-time
installation of electrical bonding
jumpers for the fill valve controllers of
the fuel tanks.
Comments
We gave the public the opportunity to
participate in developing this AD. We
considered the comment received.
FedEx supports the NPRM.
Conclusion
We reviewed the relevant data,
considered the comment received, and
determined that air safety and the
public interest require adopting the AD
as proposed.
Costs of Compliance
We estimate that this AD would affect
267 airplanes of U.S. registry. The
following table provides the estimated
costs for U.S. operators to comply with
this AD.
TABLE—ESTIMATED COSTS
Action
Work hours
Installation ..................
Average labor
rate per hour
8 to 24 1 .......
1 Depending
VerDate Mar<15>2010
$85
Parts
Cost per product
$1,459 to $3,805 1 ....
Number of
U.S.-registered
airplanes
$2,139 to $5,845 1 ....
267
on airplane group or model.
14:28 May 03, 2010
Jkt 220001
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
E:\FR\FM\04MYR1.SGM
04MYR1
Fleet cost
$571,113 to
$1,560,615 1
Agencies
[Federal Register Volume 75, Number 85 (Tuesday, May 4, 2010)]
[Rules and Regulations]
[Pages 23568-23571]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-9944]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-1250; Directorate Identifier 2008-NM-169-AD;
Amendment 39-16276; AD 2010-09-11]
RIN 2120-AA64
Airworthiness Directives; BAE Systems (Operations) Limited Model
BAe 146-100A, -200A, and -300A Series Airplanes, and Model Avro 146-
RJ70A, 146-RJ85A, and 146-RJ100A Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are superseding an existing airworthiness directive (AD)
for the products listed above. This 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:
In 1991, the UK Civil Aviation Authority (CAA) issued AD 015-08-
91 [which corresponds to FAA AD 93-01-11], requiring the
accomplishment of inspections of, and in case of crack findings,
corrective actions on, the wing top skin at rib `0' of pre-
modification HCM00851C BAe 146 series aircraft in accordance with
British Aerospace Service Bulletin (SB) 57-41 dated 26 July 1991.
Recently, BAE Systems (Operations) Ltd has determined that a revised
inspection programme for the wing top skin and joint strap at rib
`0' on all BAe 146 and AVRO 146-RJ aircraft is necessary to assure
the continued structural integrity of this area. Cracking of the
wing centre section top skin, if undetected, could lead to
structural failure and consequent loss of the aircraft.
* * * * *
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective June 8, 2010.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 8,
2010.
On March 2, 1993 (58 FR 6081, January 26, 1993), the Director of
the Federal Register approved the incorporation by reference of a
certain other publication listed in this AD.
ADDRESSES: You may examine the AD docket on the Internet at https://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.
FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1175; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on January 12, 2010 (75
FR 1563), and proposed to supersede AD 93-01-11, Amendment 39-8465 (58
FR 6081, January 26, 1993). That NPRM proposed to correct an unsafe
condition for the specified products. The MCAI states:
In 1991, the UK Civil Aviation Authority (CAA) issued AD 015-08-
91 [which corresponds to FAA AD 93-01-11], requiring the
accomplishment of inspections of, and in case of crack findings,
corrective actions on, the wing top skin at rib `0' of pre-
modification HCM00851C BAe 146 series aircraft in accordance with
British Aerospace Service Bulletin (SB) 57-41 dated 26 July 1991.
Recently, BAE Systems (Operations) Ltd has determined that a revised
inspection programme for the wing top skin and joint
[[Page 23569]]
strap at rib `0' on all BAe 146 and AVRO 146-RJ aircraft is
necessary to assure the continued structural integrity of this area.
Cracking of the wing centre section top skin, if undetected, could
lead to structural failure and consequent loss of the aircraft.
For the reasons described above, this new EASA [European
Aviation Safety Agency] AD supersedes UK CAA AD 015-08-91 and
requires repetitive high-frequency eddy current (HFEC),
radiographic, ultrasonic, and detailed visual inspections [for
cracking and corrosion] of the wing top skin and joint strap at rib
`0', the reporting of all inspection results to BAE Systems and, in
case of findings, the accomplishment of corrective actions.
The corrective actions include repairing cracking and corrosion, and
contacting BAE Systems (Operations) Limited for repair instructions and
doing the repair. You may obtain further information by examining the
MCAI in the AD docket.
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.
Conclusion
We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed.
Differences Between This AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a NOTE within the AD.
Explanation of Change to Costs of Compliance
After the NPRM was issued, we reviewed the figures we have used
over the past several years to calculate AD costs to operators. To
account for various inflationary costs in the airline industry, we find
it necessary to increase the labor rate used in these calculations from
$80 per work hour to $85 per work hour. The cost impact information,
below, reflects this increase in the specified hourly labor rate.
Costs of Compliance
We estimate that this AD will affect about 1 product of U.S.
registry.
The actions that are required by AD 93-01-11 and retained in this
AD take about 4 work-hours per product, at an average labor rate of $85
per work hour. Based on these figures, the estimated cost of the
currently required actions is $340 per product.
We estimate that it will take about 4 work-hours per product to
comply with the new basic requirements of this AD. The average labor
rate is $85 per work-hour. Based on these figures, we estimate the cost
of this AD to the U.S. operators to be $340.
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 AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
For the reasons discussed above, I certify this AD:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.
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 the NPRM, 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by removing Amendment 39-8465 (58 FR
6081, January 26, 1993) and adding the following new AD:
2010-09-11 BAE Systems (Operations) Limited: Amendment 39-16276.
Docket No. FAA-2009-1250; Directorate Identifier 2008-NM-169-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective June 8,
2010.
Affected ADs
(b) The AD supersedes AD 93-01-11, Amendment 39-8465.
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.
Subject
(d) Air Transport Association (ATA) of America Code 57: Wings.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
In 1991, the UK Civil Aviation Authority (CAA) issued AD 015-08-
91 [which corresponds to FAA AD 93-01-11], requiring the
accomplishment of inspections of, and in case of crack findings,
corrective actions on, the wing top skin at rib `0' of pre-
[[Page 23570]]
modification HCM00851C BAe 146 series aircraft in accordance with
British Aerospace Service Bulletin (SB) 57-41 dated 26 July 1991.
Recently, BAE Systems (Operations) Ltd has determined that a revised
inspection programme for the wing top skin and joint strap at rib
`0' on all BAe 146 and AVRO 146-RJ aircraft is necessary to assure
the continued structural integrity of this area. Cracking of the
wing centre section top skin, if undetected, could lead to
structural failure and consequent loss of the aircraft.
For the reasons described above, this new EASA [European
Aviation Safety Agency] AD supersedes UK CAA AD 015-08-91 and
requires repetitive high-frequency eddy current (HFEC),
radiographic, ultrasonic, and detailed visual inspections [for
cracking and corrosion] of the wing top skin and joint strap at rib
`0', the reporting of all inspection results to BAE Systems and, in
case of findings, the accomplishment of corrective actions.
The corrective actions include repairing cracking and corrosion, and
contacting BAE Systems (Operations) Limited for repair instructions
and doing the repair.
Restatement of Requirements of AD 93-01-11, With No Changes
(f) Unless already done, for Model BAe 146-100A, -200A, and -
300A series airplanes: Prior to the accumulation of 24,000 landings,
or within 60 days after March 2, 1993 (the effective date of AD 93-
01-11), whichever occurs later: Perform an X-ray inspection to
detect fatigue cracks in the left and right wing upper skins, joint
straps, and stringers in the vicinity of rib ``0,'' in accordance
with British Aerospace Inspection Service Bulletin 57-41, dated July
26, 1991. Doing the inspection required by paragraph (g)(1) of this
AD terminates the inspection required by this paragraph.
(1) If cracks are found, prior to further flight, repair in
accordance with a method approved by the Manager, Standardization
Branch, ANM-113, Transport Airplane Directorate, FAA; or the
Manager, International Branch, ANM-116, Transport Airplane
Directorate, FAA. As of the effective date of this AD, repair in
accordance with a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA. Thereafter,
repeat the inspection required by paragraph (f) of this AD at
intervals not to exceed 9,000 landings, in accordance with British
Aerospace Inspection Service Bulletin 57-41, dated July 26, 1991,
until the initial inspection required by paragraph (g)(1) of this AD
is accomplished.
(2) If no cracks are found, repeat the inspection required by
paragraph (f) of this AD at intervals not to exceed 9,000 landings,
in accordance with British Aerospace Inspection Service Bulletin 57-
41, dated July 26, 1991, until the initial inspection required by
paragraph (g)(1) of this AD is accomplished.
New Requirements of This AD
(g) Unless already done, do the following actions.
Note 1: The instructions of BAE Systems (Operations) Limited
Inspection Service Bulletin ISB.57-070, dated October 15, 2007,
which is the subject of this AD, are divided into two parts;
consequently, the statement in paragraph 1.C. of BAE Systems
(Operations) Limited Inspection Service Bulletin ISB.57-070, dated
October 15, 2007, that there are three parts is incorrect and can be
disregarded.
(1) At the applicable compliance time specified in paragraph
(g)(1)(i) or (g)(1)(ii) of this AD: Do an HFEC inspection of the
front and rear spar flanges, a detailed visual inspection of the
stringers, and a detailed visual inspection of the stringer crown
fittings, all at the rib ``0'' joint strap, for cracking and
corrosion, and do all applicable corrective actions, in accordance
with ``Part 1'' of paragraph 2.C., ``Inspection,'' of BAE Systems
(Operations) Limited Inspection Service Bulletin ISB.57-070, dated
October 15, 2007. Repeat the inspections thereafter at intervals not
to exceed 4,000 flight cycles. Do all applicable corrective actions
before further flight. Accomplishment of these initial inspections
terminates the inspections required by paragraphs (f), (f)(1), and
(f)(2) of this AD.
(i) For airplanes on which an inspection was not done in
accordance with Supplemental Structural Inspection (SSI) 57-10-101
(MPD 571001-DVI-10000-1) as of the effective date of this AD: Prior
to the accumulation of 20,000 total flight cycles, or within 4,000
flight cycles after the effective date of this AD, whichever occurs
later.
(ii) For airplanes on which an inspection was done in accordance
with SSI 57-10-101 (MPD 571001-DVI-10000-1) as of the effective date
of this AD: Within 3,000 flight cycles after the effective date of
this AD.
(2) At the applicable compliance time specified in paragraph
(g)(2)(i) or (g)(2)(ii) of this AD: Do detailed visual and HFEC
inspections to detect cracking and corrosion of the rib ``0'' strap,
a radiographic inspection of the rib ``0'' joint, and an ultrasonic
inspection of the skin at the rib ``0'' joint strap, and do all
applicable corrective actions, in accordance with ``PART 2'' of
paragraph 2.C. ``Inspection'' of BAE Systems (Operations) Limited
Inspection Service Bulletin ISB.57-070, dated October 15, 2007. Do
all applicable corrective actions before further flight. Repeat the
inspections thereafter at intervals not to exceed 4,000 flight
cycles.
(i) For airplanes on which an inspection was not done in
accordance with SSI 57-10-102 and 57-10-102A (MPD 571002-SDI-10000-1
and 571002-SDI-10000-2) as of the effective date of this AD: Before
the accumulation of 24,000 total flight cycles, or within 4,000
flight cycles after the effective date of this AD, whichever occurs
later.
(ii) For airplanes on which an inspection was done in accordance
with SSI 57-10-102 or 57-10-102A (MPD 571002-SDI-10000-1 or 571002-
SDI-10000-2) as of the effective date of this AD: Within 3,000
flight cycles after the effective date of this AD.
(3) Submit a report of the findings (both positive and negative)
of the initial inspections required by paragraphs (g)(1) and (g)(2)
of this AD to BAE Systems (Operations) Limited, at the applicable
time specified in paragraph (g)(3)(i) or (g)(3)(ii) of this AD. The
report must include the inspection results, a description of any
discrepancies found, the airplane serial number, and the number of
landings and flight hours on the airplane. Send reports to Customer
Liaison, Customer Support (Building 37), BAE SYSTEMS (Operations)
Limited, Prestwick International Airport, Ayrshire, KA9 2RW,
Scotland; fax +44 (0) 1292 675432; e-mail
raengliaison@baesystems.com.
(i) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
(ii) If the inspection was done before the effective date of
this AD: Submit the report within 30 days after the effective date
of this AD.
(4) Accomplishment of any repair does not constitute terminating
action for the inspection requirements of this AD.
FAA AD Differences
Note 2: This AD differs from the MCAI and/or service information
as follows: No differences.
Other FAA AD Provisions
(h) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. Send information to ATTN: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 227-1175; fax (425) 227-1149. Before using any approved AMOC
on any airplane to which the AMOC applies, notify your principal
maintenance inspector (PMI) or principal avionics inspector (PAI),
as appropriate, or lacking a principal inspector, your local Flight
Standards District Office. The AMOC approval letter must
specifically reference this AD.
(2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
(3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.
Related Information
(i) Refer to MCAI European Aviation Safety Agency (EASA)
Airworthiness Directive 2008-0168, dated September 2, 2008; British
Aerospace Inspection Service Bulletin 57-41, dated July 26, 1991;
and BAE Systems (Operations) Limited Inspection Service Bulletin
ISB.57-070, dated October 15, 2007; for related information.
[[Page 23571]]
Material Incorporated by Reference
(j) You must use British Aerospace Inspection Service Bulletin
57-41, dated July 26, 1991; and BAE Systems (Operations) Limited
Inspection Service Bulletin ISB.57-070, dated October 15, 2007; as
applicable; to do the actions required by this AD, unless the AD
specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of BAE Systems (Operations) Limited
Inspection Service Bulletin ISB.57-070, dated October 15, 2007,
under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) The Director of the Federal Register previously approved the
incorporation by reference of British Aerospace Inspection Service
Bulletin 57-41, dated July 26, 1991, on March 2, 1993 (58 FR 6081,
January 26, 1993).
(3) For service information identified in this 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.
(4) You may review copies of the 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.
(5) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
Issued in Renton, Washington on April 22, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-9944 Filed 5-3-10; 8:45 am]
BILLING CODE 4910-13-P