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 supersedes AD 2004-01-07, amendment 39-13421 (69 FR 869, January 7, 2004). The existing AD applies to certain BAE Systems (Operations) Limited Model BAe 146 and Avro 146-RJ airplanes. That NPRM was published in the Federal Register on December 13, 2005 (70 FR 73665). That NPRM proposed to continue to require inspections of certain inner webs and flanges for signs of corrosion (including cracks, blistering, or flaking paint), and corrective action if necessary. That NPRM also proposed to add repetitive inspections, expand the area to be inspected, expand the applicability, and provide an optional action that would extend the proposed repetitive inspection interval.
Comments
We provided the public the opportunity to participate in the development of this AD. We have considered the comment that has been received on the NPRM.
Request To Require Revised Service Information
Air Wisconsin requests that we delay issuing the final rule until the manufacturer revises Inspection Service Bulletin (ISB) ISB.53-182, dated March 16, 2005 (cited in the NPRM). The commenter reports that BAE plans to revise the ISB to extend the inspection area after recent inspection data revealed evidence of corrosion cracking on some frame outer flanges. The commenter states that delaying issuance of the final rule would allow time to determine whether the revised ISB better addresses the identified unsafe condition.The commenter adds that it just makes more sense in regards to cost effectiveness and airworthiness safety for operators to perform the most thorough and up- to-date inspection on their airplanes.
We acknowledge the commenter's concern, but we do not agree to delay the issuance of the final rule. Release of a revised service bulletin is not imminent. To delay this action would be inappropriate because we have determined that an unsafe condition exists. However, we may consider further rulemaking in the future to expand the inspection area if warranted. In light of the identified unsafe condition, however, we consider it appropriate to proceed with this final rule as proposed.
Conclusion
We have carefully reviewed the available data, including the comment that has been submitted, 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.
Estimated Costs
Action
Work hours
Average labor rate per hour
Parts cost
Cost per airplane
Number of U.S.-
registered airplanes
Fleet cost
HFEC inspection, per inspection cycle
5
$65
None
$325
55
$17,875
Detailed inspection, per inspection cycle
3
65
None
195
55
10,725
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 forsafety 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.
Weprepared 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
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.
Sec. 39.13 [Amended]
2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by removing amendment 39-13421 (69 FR 869, January 7, 2004) and by adding the following new airworthiness directive (AD):