37022 Federal Register / Vol. 70, No. 123 / Tuesday, June 28, 2005 / Rules and Regulations

Authority: 49 U.S.C. 106(g), 40113, 44701. (2) If any corrosion is outside the limits BT3 9DZ, Northern . To inspect copies specified in the Accomplishment of this service information, go to the FAA, § 39.13 [Amended] Instructions of Service Transport Airplane Directorate, 1601 Lind I 2. Section 39.13 is amended by adding Bulletin SD360–53–45, dated December Avenue, SW., Renton, Washington; or to the the following new airworthiness 2003, before further flight, replace the National Archives and Records Administration (NARA). For information on directive: corroded fitting with a new fitting, in accordance with the Accomplishment the availability of this material at the NARA, 2005–13–31 Short Brothers PLC: Instructions of the service bulletin. call (202) 741–6030, or go to http:// Amendment 39–14168. Docket 2003– (c) If no corrosion is found during the www.archives.gov/federal_register/code_of_ NM–127–AD. inspection required by paragraph (a) or if the federal_regulations/ibr_locations.html. Applicability: All Model SD3–60 airplanes, fitting was replaced with a new fitting in Effective Date certificated in any category. accordance with Short Brothers Service Compliance: Required as indicated, unless Bulletin SD360–53–45, dated December (h) This amendment becomes effective on accomplished previously. 2003, do the actions in paragraphs (c)(1) and August 2, 2005. To detect and correct corrosion in the area (c)(2) of this AD. Issued in Renton, Washington, on June 14, of the main spar web fittings of the vertical (1) Within 24 months after the initial 2005. stabilizer, which could result in reduced inspection required by paragraph (a) of this Kevin M. Mullin, structural integrity of the vertical stabilizer, AD or within 24 months after replacement of Acting Manager, Transport Airplane accomplish the following: the fitting with a new one, whichever occurs later, do a borescope (intrascope) detailed Directorate, Aircraft Certification Service. Inspection and Previous Actions inspection for corrosion, in accordance with [FR Doc. 05–12508 Filed 6–27–05; 8:45 am] (a) Except as provided by paragraphs (a)(1) Part A of the Accomplishment Instructions of BILLING CODE 4910–13–P and (a)(2) of this AD, within 4,800 flight Short Brothers Service Bulletin SD360–53– hours or 90 days after the effective date of 45, dated December 2003. Repeat this this AD, whichever occurs first, do a inspection thereafter at intervals not to DEPARTMENT OF TRANSPORTATION borescope inspection to detect corrosion of exceed 24 months. Do corrective actions in the shear attachment fittings of the vertical accordance with paragraph (b) of this AD. Federal Aviation Administration stabilizer, in accordance with the (2) Thereafter, except as provided in Accomplishment Instructions of Short paragraph (f) of this AD, no alternative 14 CFR Part 39 Brothers Service Bulletin SD360–53–45, borescope inspections may be approved. [Docket No. FAA–2004–18716; Directorate dated December 2003. Previous Repetitive Inspections (1) If an airplane (the shear attachment Identifier 2003–NM–240–AD; Amendment fitting) has been inspected in accordance (d) Borescope (intrascope) detailed 39–14156; AD 2005–13–19] with the Accomplishment Instructions of inspections done before the effective date of RIN 2120–AA64 Short Brothers Service Bulletin SD360–53– this AD in accordance with Bombardier Temporary Revisions (TR) TR360–MPSUPP– 44, Revision 1, dated January 24, 2003, before Airworthiness Directives; BAE the effective date of this AD, and was found 04 and TR360–MPSUPP–03, both dated to have no corrosion on the fittings, then the August 20, 2003, are acceptable for Systems (Operations) Limited Model initial inspection specified in paragraph (a) compliance with the requirements of BAe 146 and 146–RJ Series of this AD is not required. paragraph (c)(1) of this AD. Airplanes (2) If the shear attachment fitting has been Disposition of Repairs for Corroded/ AGENCY: Federal Aviation inspected in accordance with the Oversized Holes Accomplishment Instructions of Short Administration (FAA), Department of Brothers Service Bulletin SD360–53–44, (e) Where Short Brothers Service Bulletin Transportation (DOT). Revision 1, dated January 24, 2003, and was SD360–53–45, dated December 2003, says to ACTION: Final rule. found to have corrosion, but the corroded contact the manufacturer for action on any fitting is not yet replaced, then a review of corroded or oversized hole found during the SUMMARY: The FAA is adopting a new the inspection results is required to inspection required by paragraph (a) or (c) of airworthiness directive (AD) for all BAE determine if the corrosion was within the this AD, before further flight, repair in Systems (Operations) Limited Model acceptable limits specified in Short Brothers accordance with a method approved by BAe 146 and Avro 146–RJ series either the Manager, International Branch, Service Bulletin SD360–53–45, dated airplanes. This AD requires repetitive December 2003. ANM–116, FAA, Transport Airplane Directorate; or the Civil Aviation Authority external eddy current inspections of the Corrective Actions and Repetitive (or its delegated agent). forward fuselage skin to detect cracking Inspections due to fatigue, and repair if necessary. Alternative Methods of Compliance (b) If any corrosion is found during the This AD is prompted by evidence of inspection required by paragraph (a) of this (f) In accordance with 14 CFR 39.19, the cracking due to fatigue along the edges AD, do the applicable actions required by Manager, International Branch, ANM–116, is of the chemi-etched pockets in certain paragraph (b)(1) or (b)(2) of this AD. authorized to approve alternative methods of front fuselage canopy skin panels. We compliance for this AD. (1) If any corrosion is within the limits are issuing this AD to detect and correct specified in the Accomplishment Note 1: The subject of this AD is addressed this cracking, which could result in in British airworthiness directive G–2004– Instructions of Short Brothers Service reduced structural integrity of the Bulletin SD360–53–45, dated December 0005, effective March 16, 2004. 2003, do the actions required by paragraphs airplane fuselage. (b)(1)(i) and (b)(1)(ii) of this AD. Incorporation by Reference DATES: This AD becomes effective (i) Repeat the inspection required by the (g) You must use Short Brothers Service August 2, 2005. service bulletin at intervals not to exceed 6 Bulletin SD360–53–45, dated December The incorporation by reference of a months. 2003, to perform the actions that are required certain publication listed in the AD is (ii) Within 18 months after the initial by this AD, unless the AD specifies approved by the Director of the Federal inspection required by paragraph (a) of this otherwise. The Director of the Federal Register as of August 2, 2005. AD, replace all corroded shear attachment Register approves the incorporation by ADDRESSES: fittings in accordance with the reference of this document in accordance For service information Accomplishment Instructions of the service with 5 U.S.C. 552(a) and 1 CFR part 51. To identified in this AD, contact British bulletin. Accomplishing the replacement get copies of the service information, contact Regional Aircraft American ends the repetitive inspections required by Short Brothers, Airworthiness & Engineering Support, 13850 Mclearen Road, paragraph (b)(1)(i) of this AD. Quality, P.O. Box 241, Airport Road, Herndon, Virginia 20171.

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Docket: The AD docket contains the proposed AD refers to BAE Systems normal maintenance schedules. The proposed AD, comments, and any final (Operations) Limited Inspection Service commenter provides no justification for disposition. You can examine the AD Bulletin ISB.53–167, including the requested change other than for the docket on the Internet at http:// Appendices 2 and 3, all dated June 27, convenience of its maintenance dms.dot.gov, or in person at the Docket 2003, as the applicable source of service program. Management Facility office between 9 information for the actions specified in We do not concur. In developing a a.m. and 5 p.m., Monday through that paragraph. repetitive interval for this AD, we Friday, except Federal holidays. The We concur. We have reviewed BAE considered the manufacturer’s Docket Management Facility office Systems (Operations) Limited recommendation and the action taken (telephone (800) 647–5227) is located on Inspection Service Bulletin ISB.53–167, by the CAA, as well as the degree of the plaza level of the Nassif Building at including Appendix 2, Revision 1. The urgency associated with the subject the U.S. Department of Transportation, instructions in Revision 1 are essentially unsafe condition. In light of these 400 Seventh Street, SW., room PL–401, the same as those in the original issue factors, we find that a 4,000-flight-cycle Washington, DC. This docket number is of the service bulletin, including repetitive interval represents an FAA–2004–18716; the directorate Appendices 2 and 3. Accordingly, we appropriate interval of time for Model identifier for this docket is 2003–NM– have revised this AD to refer to BAE Avro 146-RJ series airplanes to operate 240–AD. Systems (Operations) Limited between inspections without FOR FURTHER INFORMATION CONTACT: Inspection Service Bulletin ISB.53–167, compromising safety. We note that this Todd Thompson, Aerospace Engineer; including Appendix 2, Revision 1, as is consistent with the repetitive interval International Branch, ANM–116, FAA, the applicable source of service specified in the referenced service Transport Airplane Directorate, 1601 information for the actions required by bulletin. However, under the provisions Lind Avenue, SW., Renton, Washington paragraph (f) of this AD. We have also of paragraph (i) of this AD, we may 98055–4056; telephone (425) 227–1175; added a new paragraph (g) (and approve a request to adjust the fax (425) 227–1149. reidentified subsequent paragraphs compliance time if data are submitted to accordingly) to give credit for substantiate that such an adjustment Examining the Docket inspections accomplished before the would provide an acceptable level of The AD docket contains the proposed effective date of this AD in accordance safety. We have not changed the AD in AD, comments, and any final with the original issue of the service this regard. disposition. You can examine the AD bulletin, including Appendices 2 and 3. docket on the Internet at http:// In the proposed AD, we explained Explanation of Editorial Changes dms.dot.gov, or in person at the Docket two differences between the proposed We have revised the statement of Management Facility office between 9 AD and the original issue of the service unsafe condition in the Summary and a.m. and 5 p.m., Monday through bulletin. These differences continue to paragraph (d) of this AD to better clarify Friday, except Federal holidays. The apply between this AD and Revision 1 that this AD is intended to detect and Docket Management Facility office of the service bulletin. For the correct fatigue cracking along the edges (telephone (800) 647–5227) is located on convenience of operators, these of the chemi-etched pockets in certain the plaza level of the Nassif Building at differences are repeated as follows: front fuselage canopy skin panels, the DOT street address stated in the • Although the referenced service which could result in reduced structural ADDRESSES section. bulletin describes procedures for integrity of the airplane fuselage. SUPPLEMENTARY INFORMATION: The FAA submitting Appendix 1 of the service We have also revised paragraphs proposed to amend 14 CFR Part 39 with bulletin with inspection results to the (f)(1)(ii) and (f)(2)(ii) of this AD to an AD for all BAE Systems (Operations) manufacturer, this AD does not require clarify that repair must be accomplished Limited Model BAe 146 and Avro 146– that action. We do not need this before further flight on any area where RJ series airplanes. That action, information from operators. a crack is found. The proposed AD • published in the Federal Register on The service bulletin specifies that implied but did not explicitly state that July 30, 2004 (69 FR 45614), proposed you may perform repairs in accordance a repair must be accomplished before to require repetitive external eddy with the structural repair manual further flight. current inspections of the forward (SRM), or that you may contact the Conclusion fuselage skin to detect cracking due to manufacturer for instructions on how to fatigue, and repair if necessary. repair conditions outside the limits We have carefully reviewed the defined in the SRM, but this AD available data, including the comments Comments requires you to repair those conditions that have been submitted, and We provided the public the using a method that we or the CAA (or determined that air safety and the opportunity to participate in the its delegated agent) approve. In light of public interest require adopting the AD development of this AD. We have the type of repair that would be required with the changes described previously. considered the comments that have to address the unsafe condition, and We have determined that these changes been submitted on the proposed AD. consistent with existing bilateral will neither increase the economic airworthiness agreements, we have burden on any operator nor increase the Request To Refer to Revised Service determined that, for this AD, a repair we scope of the AD. Information or the CAA approve would be Costs of Compliance One commenter requests that we acceptable for compliance with this AD. revise the proposed AD to refer to BAE This AD affects about 54 airplanes of Systems (Operations) Limited Request To Extend Compliance Time U.S. registry. The required actions will Inspection Service Bulletin ISB.53–167, One commenter requests that we take about 40 work hours per airplane, including Appendix 2, Revision 1, dated extend the repetitive interval for Model at an average labor rate of $65 per work May 18, 2004, as the acceptable source Avro 146-RJ series airplanes from 4,000 hour. Based on these figures, the of service information for the actions to 6,000 flight cycles. The commenter estimated cost of this AD for U.S. required by paragraph (f) of the notes that a 6,000-flight-cycle repetitive operators is $140,400, or $2,600 per proposed AD. Paragraph (f) of the interval would be more compatible with airplane, per inspection cycle.

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Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. accordance with a method approved by the Manager, International Branch, ANM–116, or Title 49 of the United States Code § 39.13 [Amended] the CAA (or its delegated agent). No further specifies the FAA’s authority to issue I 2. The FAA amends § 39.13 by adding inspection of any repaired area is required by rules on aviation safety. Subtitle I, the following new airworthiness this AD. Section 106, describes the authority of directive (AD): the FAA Administrator. Subtitle VII, Inspections Accomplished According to Aviation Programs, describes in more 2005–13–19 BAE Systems (Operations) Previous Issue of Service Bulletin Limited (Formerly detail the scope of the Agency’s Regional Aircraft): Amendment 39– (g) Inspections accomplished before the authority. 14156. Docket No. FAA–2004–18716; effective date of this AD in accordance with We are issuing this rulemaking under Directorate Identifier 2003–NM–240–AD. BAE Systems (Operations) Limited the authority described in Subtitle VII, Effective Date Inspection Service Bulletin ISB.53–167, Part A, Subpart III, Section 44701, including Appendices 2 and 3, all dated June ‘‘General requirements.’’ Under that (a) This AD becomes effective August 2, 27, 2003, are considered acceptable for 2005. section, Congress charges the FAA with compliance with the corresponding action promoting safe flight of civil aircraft in Affected ADs specified in paragraph (f) of this AD. air commerce by prescribing regulations (b) None. for practices, methods, and procedures No Reporting Requirement the Administrator finds necessary for Applicability (h) Although the service bulletin safety in air commerce. This regulation (c) This AD applies to all BAE Systems referenced in this AD specifies to submit is within the scope of that authority (Operations) Limited Model BAe 146 and Appendix 1 of the service bulletin with because it addresses an unsafe condition Avro 146-RJ series airplanes, certificated in certain information to the manufacturer, this any category. that is likely to exist or develop on AD does not include that requirement. products identified in this rulemaking Unsafe Condition Alternative Methods of Compliance action. (d) This AD was prompted by evidence of (AMOCs) cracking due to fatigue along the edges of the Regulatory Findings chemi-etched pockets in certain front (i) The Manager, International Branch, We have determined that this AD will fuselage canopy skin panels. We are issuing ANM–116, has the authority to approve not have federalism implications under this AD to detect and correct this cracking, AMOCs for this AD, if requested in Executive Order 13132. This AD will which could result in reduced structural accordance with the procedures found in 14 not have a substantial direct effect on integrity of the airplane fuselage. CFR 39.19. the States, on the relationship between Compliance Related Information the national government and the States, (e) You are responsible for having the (j) British airworthiness directive 007–06– or on the distribution of power and actions required by this AD performed within 2003 also addresses the subject of this AD. responsibilities among the various the compliance times specified, unless the levels of government. actions have already been done. Material Incorporated by Reference For the reasons discussed above, I Inspections and Repair (k) You must use BAE Systems certify that this AD: (Operations) Limited Modification Service (1) Is not a ‘‘significant regulatory (f) Within the applicable compliance time specified in paragraph (f)(1) or (f)(2) of this Bulletin ISB.53–167, including Appendix 2, action’’ under Executive Order 12866; AD, perform an external eddy current Revision 1, dated May 18, 2004, to perform (2) Is not a ‘‘significant rule’’ under inspection of the forward fuselage skin to the actions that are required by this AD, DOT Regulatory Policies and Procedures detect cracking, in accordance with the unless the AD specifies otherwise. The (44 FR 11034, February 26, 1979); and Accomplishment Instructions of BAE Director of the Federal Register approves the (3) Will not have a significant Systems (Operations) Limited Modification incorporation by reference of this document economic impact, positive or negative, Service Bulletin ISB.53–167, including in accordance with 5 U.S.C. 552(a) and 1 CFR on a substantial number of small entities Appendix 2, Revision 1, dated May 18, 2004. part 51. To get copies of the service under the criteria of the Regulatory (1) For Model BAe 146 series airplanes: information, go to British Aerospace Regional Flexibility Act. Inspect before the accumulation of 16,000 Aircraft American Support, 13850 Mclearen total landings, or within 4,000 landings after We prepared a regulatory evaluation Road, Herndon, Virginia 20171. To view the the effective date of this AD, whichever is of the estimated costs to comply with later. AD docket, go to the Docket Management this AD. See the ADDRESSES section for (i) For areas where no crack is found, Facility, U.S. Department of Transportation, a location to examine the regulatory repeat the inspection at intervals not to 400 Seventh Street SW, room PL–401, Nassif evaluation. exceed 8,000 landings. Building, Washington, DC. To review copies (ii) For areas where any crack is found, of the service information, go to the National List of Subjects in 14 CFR Part 39 before further flight, perform repairs in Archives and Records Administration Air transportation, Aircraft, Aviation accordance with a method approved by the (NARA). For information on the availability safety, Incorporation by reference, Manager, International Branch, ANM–116, of this material at the NARA, call (202) 741– Safety. Transport Airplane Directorate, FAA, or the 6030, or go to http://www.archives.gov/ Civil Aviation Authority (CAA) (or its federal_register/code_of_federal_regulations/ Adoption of the Amendment delegated agent). No further inspection of any ibr_locations.html. repaired area is required by this AD. I Accordingly, under the authority (2) For Model Avro 146-RJ series airplanes: Issued in Renton, Washington, on June 14, delegated to me by the Administrator, Inspect before the accumulation of 10,000 2005. the FAA amends 14 CFR part 39 as total landings, or within 2,000 landings after Kevin M. Mullin, follows: the effective date of this AD, whichever is later. Acting Manager, Transport Airplane PART 39—AIRWORTHINESS (i) For areas where no crack is found, Directorate, Aircraft Certification Service. DIRECTIVES repeat the inspection at intervals not to [FR Doc. 05–12511 Filed 6–27–05; 8:45 am] exceed 4,000 landings. BILLING CODE 4910–13–P I 1. The authority citation for part 39 (ii) For areas where any crack is found, continues to read as follows: before further flight, perform repairs in

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