[Federal Register Volume 72, Number 30 (Wednesday, February 14, 2007)]
[Rules and Regulations]
[Pages 6919-6921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-2414]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 72, No. 30 / Wednesday, February 14, 2007 /
Rules and Regulations
[[Page 6919]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-25232; Directorate Identifier 2006-NM-106-AD;
Amendment 39-14935; AD 2007-04-04]
RIN 2120-AA64
Airworthiness Directives; BAE Systems (Operations) Limited Model
BAe 146 and Avro 146-RJ Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain BAE Systems (Operations) Limited Model BAe 146 and Avro 146-RJ
airplanes. This AD requires repetitive inspections of the wing top skin
under the rib 0 joint strap, and related investigative and corrective
actions if necessary. This AD results from a report of a significant
crack in the wing top skin under the rib 0 joint strap. We are issuing
this AD to detect and correct corrosion and cracking in that area,
which could result in reduced structural integrity of the wing.
DATES: This AD becomes effective March 21, 2007.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of March 21,
2007.
ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the Docket Management Facility, U.S.
Department of Transportation, 400 Seventh Street, SW., Nassif Building,
Room PL-401, Washington, DC.
Contact British Aerospace Regional Aircraft American Support, 13850
Mclearen Road, Herndon, Virginia 20171, for service information
identified in this AD.
FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2125; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Examining the Docket
You may examine the airworthiness directive (AD) docket on the
Internet at http://dms.dot.gov or 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 street address stated in the ADDRESSES section.
Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that would apply to certain BAE Systems
(Operations) Limited Model BAe 146 and Avro 146-RJ airplanes. That NPRM
was published in the Federal Register on July 3, 2006 (71 FR 37868).
That NPRM proposed to require repetitive inspections of the wing top
skin under the rib 0 joint strap, and related investigative and
corrective actions if necessary.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the single comment received.
Request for Posting of Service Information
One commenter, the Modification and Replacement Parts Association
(MARPA), requests that we revise our procedures for incorporation by
reference (IBR) of service information in ADs. MARPA states:
``Typically airworthiness directives are based upon service information
originating with the type certificate holder or its suppliers.
Manufacturer service documents are privately authored instruments
generally enjoying copyright protection against duplication and
distribution. When a service document is incorporated by reference
pursuant to 5 U.S.C. 552(a) and 1 CFR part 51 into a public document
such as an airworthiness directive, it loses its private, protected
status and becomes itself a public document. If a service document is
used as a mandatory element of compliance it should not simply be
referenced, but should be incorporated into the regulatory document.
Public laws by definition must be public which means they cannot rely
upon private writings.
``Incorporated by reference service documents should be made
available to the public by publication in the Docket Management System
(DMS) keyed to the action that incorporates them. The stated purpose of
the Federal Register incorporation by reference method is brevity; to
keep from expanding the Federal Register needlessly by publishing
documents already in the hands of the affected individuals.
Traditionally, ``affected individuals'' has meant aircraft owners and
operators who are generally provided service information by the
manufacturer. However, a new class of affected individuals has emerged
since the majority of aircraft maintenance is now performed by
specialty shops instead of aircraft owners and operators. This new
class includes maintenance and repair organizations (MRO), component
servicing and repair shops, parts purveyors and distributors and
organizations manufacturing or servicing alternatively certified parts
under 14 CFR 21.303 (PMA). Further, the concept of brevity is now
nearly archaic as documents exist more frequently in electronic format
than on paper.
``We therefore request that the service documents deemed essential
to the accomplishment of this proposed action be (1) Incorporated by
reference into the regulatory instrument, and (2) published in the
DMS.''
We acknowledge MARPA's requests. The Office of the Federal Register
(OFR) requires that documents that are necessary to accomplish the
requirements of the AD be incorporated by reference during the final
rule phase of rulemaking. This final rule incorporates by reference the
document necessary for the accomplishment of the requirements mandated
by this AD. Further, we point out that while documents that are
incorporated by
[[Page 6920]]
reference do become public information, they do not lose their
copyright protection. For that reason, we advise the public to contact
the manufacturer to obtain copies of the referenced service
information.
In regard to MARPA's request to post service bulletins on the
Department of Transportation's DMS, we are currently in the process of
reviewing issues surrounding the posting of service bulletins on the
DMS as part of an AD docket. Once we have thoroughly examined all
aspects of this issue and have made a final determination, we will
consider whether our current practice needs to be revised. No change to
the final rule is necessary in response to this comment.
Conclusion
We have carefully reviewed the available data, including the
comment received, and determined that air safety and the public
interest require adopting the AD as proposed.
Costs of Compliance
The following table provides the estimated costs for U.S. operators
to comply with this AD, per inspection cycle.
Estimated Costs
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Number of
Average Cost per U.S.- Fleet cost
Action Work hours labor rate Parts airplane registered per
per hour airplanes inspection
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Inspection.................. 6 $80 $0 $480 10 $4,800
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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 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 that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866;
(2) Is not a ``significant rule'' under 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. 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.
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 Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
2007-04-04 BAE Systems (Operations) Limited (Formerly British
Aerospace Regional Aircraft): Amendment 39-14935. Docket No. FAA-
2006-25232; Directorate Identifier 2006-NM-106-AD.
Effective Date
(a) This AD becomes effective March 21, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to BAE Systems (Operations) Limited Model
BAE 146-100A, -200A, and -300A series airplanes; and Avro 146-RJ70A,
146-RJ85A, and 146-RJ100A airplanes; certificated in any category;
as identified in BAE Systems (Operations) Limited Alert Inspection
Service Bulletin ISB.57-a071, dated April 12, 2006.
Unsafe Condition
(d) This AD results from a report of a significant crack in the
wing top skin under the rib 0 joint strap. We are issuing this AD to
detect and correct corrosion and cracking in that area, which could
result in reduced structural integrity of the wing.
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.
Inspection
(f) Inspect the airplane at the applicable time specified in
paragraph 1.D. ``Compliance'' of BAE Systems (Operations) Limited
Alert Inspection Service Bulletin ISB.57-a071, dated April 12, 2006,
except, where the service bulletin specifies a compliance time after
the date on the service bulletin, this AD requires compliance within
the specified compliance time after the effective date of this AD.
The inspection required by this paragraph involves an ultrasonic
inspection for defects, including corrosion and cracking, of the
wing top skin under the rib 0 joint strap at the outer row of
fasteners, by doing all applicable actions specified in the
Accomplishment Instructions of the service bulletin. Do all
applicable related investigative and corrective actions before
further flight in accordance with the service bulletin, except as
required by paragraph (g) of this AD. Repeat the inspection at
intervals not to exceed 4,000 flight cycles or 24 months, whichever
occurs first.
Exceptions to Service Bulletin Specifications
(g) BAE Systems (Operations) Limited Alert Inspection Service
Bulletin ISB.57-a071, dated April 12, 2006, specifies two provisions
not specified in this AD.
(1) No inspection report is required by this AD.
[[Page 6921]]
(2) As an option, the service bulletin allows repairs specified
in an approved BAE Systems repair scheme. This AD instead requires
any repair using this option to be done in accordance with a method
approved by either the Manager, International Branch, ANM-116, FAA;
or the European Aviation Safety Agency (or its delegated agent).
Alternative Methods of Compliance (AMOCs)
(h)(1) The Manager, International Branch, ANM-116, FAA, has the
authority to approve AMOCs for this AD, if requested in accordance
with the procedures found in 14 CFR 39.19.
(2) Before using any AMOC approved in accordance with Sec.
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the FAA Flight Standards
Certificate Holding District Office.
Related Information
(i) The subject of this AD is also addressed in European
Aviation Safety Agency emergency airworthiness directive 2006-0091-
E, dated April 20, 2006.
Material Incorporated by Reference
(j) You must use BAE Systems (Operations) Limited Alert
Inspection Service Bulletin ISB.57-a071, dated April 12, 2006, to
perform the actions that are required by this AD, unless the AD
specifies otherwise. The Director of the Federal Register approved
the incorporation by reference of this document in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. Contact British Aerospace Regional
Aircraft American Support, 13850 Mclearen Road, Herndon, Virginia
20171, for a copy of this service information. You may review copies
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW.,
Renton, Washington; or 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: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Renton, Washington, on February 5, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-2414 Filed 2-13-07; 8:45 am]
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