[Federal Register: July 30, 2004 (Volume 69, Number 146)]
[Proposed Rules]
[Page 45614-45616]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jy04-35]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
[[Page 45614]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2004-18716; Directorate Identifier 2003-NM-240-AD]
RIN 2120-AA64
Airworthiness Directives; BAE Systems (Operations) Limited Model
BAe 146 and Avro 146-RJ Series Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all BAE Systems (Operations) Limited Model BAe 146 and Avro 146-RJ
series airplanes. This proposed AD would require repetitive external
eddy current inspections of the forward fuselage skin to detect
cracking due to fatigue, and repair if necessary. This proposed AD is
prompted by evidence of cracking due to fatigue along the edges of the
chemi-etched pockets in certain front fuselage canopy skin panels. We
are proposing this AD to prevent reduced structural integrity of the
airplane fuselage.
DATES: We must receive comments on this proposed AD by August 30, 2004.
ADDRESSES: Use one of the following addresses to submit comments on
this proposed AD.
DOT Docket Web site: Go to http://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide rulemaking web site: Go to http://www.regulations.gov
and follow the instructions for sending your
comments electronically.
Mail: Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, room PL-401,
Washington, DC 20590.
By fax: (202) 493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
You can get the service information identified in this proposed AD
from British Aerospace Regional Aircraft American Support, 13850
Mclearen Road, Herndon, Virginia 20171.
You can examine the contents of this AD docket on the Internet at
http://dms.dot.gov, or at the Docket Management Facility, U.S.
Department of Transportation, 400 Seventh Street, SW., room PL-401, on
the plaza level of the Nassif Building, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer;
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-1175; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Docket Management System (DMS)
The FAA has implemented new procedures for maintaining AD dockets
electronically. As of May 17, 2004, new AD actions are posted on DMS
and assigned a docket number. We track each action and assign a
corresponding directorate identifier. The DMS AD docket number is in
the form ``Docket No. FAA-2004-99999.'' The Transport Airplane
Directorate identifier is in the form ``Directorate Identifier 2004-NM-
999-AD.'' Each DMS AD docket also lists the directorate identifier
(``Old Docket Number'') as a cross-reference for searching purposes.
Comments Invited
We invite you to submit any written relevant data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2004-18716;
Directorate Identifier 2003-NM-240-AD'' in the subject line of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the proposed AD. We will
consider all comments submitted by the closing date and may amend the
proposed AD in light of those comments.
We will post all comments we receive, without change, to http://dms.dot.gov
, including any personal information you provide. We will
also post a report summarizing each substantive verbal contact with FAA
personnel concerning this proposed AD. Using the search function of
that website, anyone can find and read the comments in any of our
dockets, including the name of the individual who sent the comment (or
signed the comment on behalf of an association, business, labor union,
etc.). You can review DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78), or you
may visit http://dms.dot.gov.
We are reviewing the writing style we currently use in regulatory
documents. We are interested in your comments on whether the style of
this document is clear, and your suggestions to improve the clarity of
our communications that affect you. You can get more information about
plain language at http://www.faa.gov/language and http://www.plainlanguage.gov.Examining
the Docket
You can examine the AD docket in person at the Docket Management
Facility office between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Docket Management Facility office
(telephone (800) 647-5227) is located on the plaza level of the Nassif
Building at the DOT street address stated in the ADDRESSES section.
Comments will be available in the AD docket shortly after the DMS
receives them.
Discussion
Civil Aviation Authority (CAA), which is the airworthiness
authority for the United Kingdom, notified us that an unsafe condition
may exist on all BAE Systems (Operations) Limited Model BAe 146 and
Avro 146-RJ series airplanes. The CAA advises that evidence of cracking
due to fatigue has been found along the edges of the chemi-etched
pockets in certain front fuselage canopy skin panels. This condition,
if not corrected, could result in reduced structural integrity of the
airplane fuselage.
Relevant Service Information
BAE Systems (Operations) Limited has issued Inspection Service
Bulletin ISB.53-167, including Appendices 2 and 3, all dated June 27,
2003. The ISB describes procedures for repetitive external eddy current
inspections of certain front fuselage canopy skin
[[Page 45615]]
panels to detect cracking, and repair if necessary. Accomplishing the
actions specified in the service information is intended to adequately
address the unsafe condition. The CAA mandated the service information
and issued British airworthiness directive 007-06-2003 to ensure the
continued airworthiness of these airplanes in the United Kingdom.
FAA's Determination and Requirements of the Proposed AD
These airplane models are manufactured in the United Kingdom and
are type certificated for operation in the United States under the
provisions of section 21.29 of the Federal Aviation Regulations (14 CFR
21.29) and the applicable bilateral airworthiness agreement. Pursuant
to this bilateral airworthiness agreement, the CAA has kept the FAA
informed of the situation described above. We have examined the CAA's
findings, evaluated all pertinent information, and determined that AD
action is necessary for products of this type design that are
certificated for operation in the United States.
Therefore, we are proposing this AD, which would require repetitive
external eddy current inspections of certain front fuselage canopy skin
panels to detect cracking, and repair if necessary. The proposed AD
would require you to use the service information described previously
to perform these actions, except as discussed under ``Differences
Between the Proposed AD and Referenced Service Bulletin.''
Differences Between the Proposed AD and Referenced Service Bulletin
Although the referenced service bulletin describes procedures for
submitting Appendix 1 of the service bulletin with inspection results
to the manufacturer, this proposed AD would not require that action. We
do not need this information from operators.
The service bulletin specifies that you may perform repairs in
accordance with the structural repair manual (SRM), or that you may
contact the manufacturer for instructions on how to repair conditions
outside the limits defined in the SRM, but this proposed AD would
require you to repair those conditions using a method that we or the
CAA (or its delegated agent) approve. In light of the type of repair
that would be required to address the unsafe condition, and consistent
with existing bilateral airworthiness agreements, we have determined
that, for this proposed AD, a repair we or the CAA approve would be
acceptable for compliance with this proposed AD.
Costs of Compliance
This proposed AD would affect about 54 airplanes of U.S. registry.
The proposed actions would take about 40 work hours per airplane, at an
average labor rate of $65 per work hour. Based on these figures, the
estimated cost of the proposed AD for U.S. operators is $140,400, or
$2,600 per airplane, per inspection cycle.
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 proposed AD. 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, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by adding the following new
airworthiness directive (AD):
BAE Systems (Operations) Limited (Formerly British Aerospace
Regional Aircraft): Docket No. FAA-2004-18716; Directorate
Identifier 2003-NM-240-AD.
Comments Due Date
(a) The Federal Aviation Administration must receive comments on
this AD action by August 30, 2004.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all BAE Systems (Operations) Limited
Model BAe 146 and Avro 146-RJ series airplanes, certificated in any
category.
Unsafe Condition
(d) This AD was prompted by evidence of cracking due to fatigue
along the edges of the chemi-etched pockets in certain front
fuselage canopy skin panels. We are issuing this AD to prevent
reduced structural integrity of the airplane fuselage.
Compliance
(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Inspections and Repair
(f) Within the applicable compliance time specified in paragraph
(f)(1) or (f)(2) of this AD, perform an external eddy current
inspection of the forward fuselage skin to detect cracking, in
accordance with the Accomplishment Instructions of BAE Systems
(Operations) Limited Inspection Service Bulletin ISB.53-167,
including Appendices 2 and 3, all dated June 27, 2003.
(1) For Model BAe 146 series airplanes: Inspect before the
accumulation of 16,000 total landings, or within 4,000 landings
after the effective date of this AD, whichever is later.
(i) For areas where no crack is found, repeat the inspection at
intervals not to exceed 8,000 landings.
(ii) For areas where any crack is found, perform repairs in
accordance with a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA, or the Civil
Aviation Authority (CAA) (or its delegated agent). No further
inspection of any repaired area is required by this AD.
(2) For Model Avro 146-RJ series airplanes: Inspect before the
accumulation of 10,000 total landings, or within 2,000 landings
after the effective date of this AD, whichever is later.
(i) For areas where no crack is found, repeat the inspection at
intervals not to exceed 4,000 landings.
(ii) For areas where any crack is found, perform repairs in
accordance with a method approved by the Manager, International
Branch, ANM-116, or the CAA (or its delegated agent). No further
inspection of any repaired area is required by this AD.
No Reporting Requirement
(g) Although the service bulletin referenced in this AD
specifies to submit Appendix 1 of the service bulletin with certain
information to the manufacturer, this AD does not include that
requirement.
Alternative Methods of Compliance (AMOCs)
(h) The Manager, International Branch, ANM-116, has the
authority to approve AMOCs for this AD, if requested in
[[Page 45616]]
accordance with the procedures found in 14 CFR 39.19.
Related Information
(i) British airworthiness directive 007-06-2003 also addresses
the subject of this AD.
Issued in Renton, Washington, on July 21, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-17224 Filed 7-29-04; 8:45 am]
BILLING CODE 4910-13-P