[Federal Register Volume 59, Number 228 (Tuesday, November 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29316]
[[Page Unknown]]
[Federal Register: November 29, 1994]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 94-NM-152-AD]
Airworthiness Directives; British Aerospace Model BAe 146-100A, -
200A, and -300A, and Model Avro 146-RJ70A, -RJ85A, and -RJ100A Series
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes the supersedure of an existing
airworthiness directive (AD), applicable to certain British Aerospace
Model BAe 146-00A, -200A, and -300A series airplanes, that currently
requires repetitive inspections of the attachment bolts and nuts in the
left- and right-hand rear spar root joint attachment fittings at wing
rib 2 for integrity of nuts, tightness of bolts, and/or fuel leaks; and
repair, if necessary. That AD was prompted by reports of fuel leaks
from bolt positions on the rear spar attachment fitting at wing rib 2.
This action would provide an optional terminating modification for the
repetitive inspections and would expand the applicability of the
existing AD to include additional airplanes. The actions specified by
the proposed AD are intended to prevent fuel leaks and a subsequent
fire.
DATES: Comments must be received by January 10, 1995.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 94-NM-152-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except
Federal holidays.
The service information referenced in the proposed rule may be
obtained from British Aerospace Holdings, Inc., Avro International
Aerospace Division, P.O. Box 16039, Dulles International Airport,
Washington DC 20041-6039. This information may be examined at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington.
FOR FURTHER INFORMATION CONTACT: William Schroeder, Aerospace Engineer,
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206)
227-2148; fax (206) 227-1320.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the making of the
proposed rule by submitting such written data, views, or arguments as
they may desire. Communications shall identify the Rules Docket number
and be submitted in triplicate to the address specified above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this notice may be changed in
light of the comments received.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed rule. All
comments submitted will be available, both before and after the closing
date for comments, in the Rules Docket for examination by interested
persons. A report summarizing each FAA-public contact concerned with
the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this notice must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 94-NM-152-AD.'' The postcard will be date stamped and
returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Transport Airplane Directorate, ANM-103, Attention: Rules
Docket No. 94-NM-152-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
On April 4, 1990, the FAA issued AD 90-08-15, amendment 39-6577 (55
FR 13757, April 12, 1990), applicable to certain British Aerospace
Model BAe 146-00A, -200A, and -300A series airplanes, to require
repetitive inspections of the attachment bolts and nuts in the left-
and right-hand rear spar root joint attachment fittings at wing rib 2
for integrity of nuts, tightness of bolts, and/or fuel leaks; and
repair, if necessary. That action was prompted by reports of fuel leaks
from bolt positions on the rear spar attachment fitting at wing rib 2.
The requirements of that AD are intended to prevent fuel leaks, and
subsequently, the initiation of a fire.
Since the issuance of that AD, Avro International Aerospace (a
division of British Aerospace) has issued Revision 1, dated October 29,
1993; Revision 2, dated February 16, 1994; and Revision 3, dated
September 16, 1994; of Service Bulletin S.B. 57-33. The inspection
procedures described in these revisions are identical to those
described in the original issue of the service bulletin (which was
referenced in AD 90-08-15).
Revision 1 of the service bulletin expands the effectivity listing
to include Model Avro 146-RJ series airplanes that are subject to the
addressed unsafe condition. Revision 2 of the service bulletin changes
the effectivity listing to include the specific airplane constructor
numbers of certain other airplanes. Revision 3 of the service bulletin
extends the interval for the repetitive inspections of the attachment
bolts and nuts of the rear spar root joint attachment fitting at wing
rib 2 from 3,000 to 4,000 landings.
These revisions also describe procedures for a modification that
eliminates the need for the repetitive inspections; this modification
involves the installation of tension bolts at the rear spar root joint
attachment fittings at wing rib 2. Implementation of this modification
will prevent bolt failures and eliminate the unsafe condition
identified as loss of fuel and a subsequent fire. The Civil Aviation
Authority (CAA), which is the airworthiness authority for the United
Kingdom, classified these service bulletins as mandatory.
[Note: Avro International Aerospace Service Bulletin S.B. 57-33,
Revision 1, dated October 29, 1993; Revision 2, dated February 16,
1994; and Revision 3, dated September 16, 1994; refer to Repair
Instruction Leaflets HC536H9043 and HC536H9156 for installation of
tension bolts.]
This airplane model is manufactured in the United Kingdom and is
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. The FAA has examined the
findings of the CAA, reviewed all available information, and determined
that AD action is necessary for products of this type design that are
certificated for operation in the United States.
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design registered
in the United States, the proposed AD would supersede AD 90-08-15 to
continue to require repetitive visual inspections for integrity of
nuts, tightness of bolts, and/or fuel leaks of the outboard vertical
row of fasteners at the left- and right-hand of the rear spar root
joint attachment fittings. The proposed AD would also provide for an
optional terminating modification for the repetitive inspections.
Additionally, the proposed AD would expand the applicability of the
existing AD to include Model Avro 146-RJ series airplanes and would
change the applicability to specify specific airplane constructor
numbers of certain other airplanes The actions would be required to be
accomplished in accordance with the service bulletin described
previously.
[Note: As a result of recent communications with the Air
Transport Association (ATA) of America, the FAA has learned that
some operators may misunderstand the legal effect of AD's on
airplanes that are identified in the applicability provision of the
AD, but that have been altered or repaired in the area addressed by
the AD. Under these circumstances, at least one operator appears to
have incorrectly assumed that its airplane was not subject to the
AD. On the contrary, all airplanes identified in the applicability
provision of an AD are legally subject to the AD. If an airplane has
been altered or repaired in the affected area in such a way as to
affect compliance with the AD, the owner or operator is required to
obtain FAA approval for an alternative method of compliance with the
AD, in accordance with the paragraph of each AD that provides for
such approvals. A note has been added to this notice to clarify this
requirement.]
The FAA estimates that 11 airplanes of U.S. registry would be
affected by this proposed AD, that it would take approximately 2 work
hours per airplane to accomplish the proposed actions, and that the
average labor rate is $60 per work hour. Based on these figures, the
total cost impact of the proposed AD on U.S. operators is estimated to
be $1,320, or $120 per airplane.
The total cost impact figure discussed above is based on
assumptions that no operator has yet accomplished any of the proposed
requirements of this AD action, and that no operator would accomplish
those actions in the future if this AD were not adopted.
The regulations proposed herein would not have substantial direct
effects 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. Therefore, in
accordance with Executive Order 12612, it is determined that this
proposal would not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this 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) if promulgated, 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. A copy of the draft
regulatory evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting the Rules
Docket at the location provided under the caption ``ADDRESSES.''
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
part 39 of the Federal Aviation Regulations (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. App. 1354(a), 1421 and 1423; 49 U.S.C.
106(g); and 14 CFR 11.89.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by removing amendment 39-6577 (55 FR
13757, April 12, 1990), and by adding a new airworthiness directive
(AD), to read as follows:
British Aerospace Regional Aircraft Limited, Avro International
Aerospace Division (Formerly British Aerospace, plc; British
Aerospace Commercial Aircraft Limited): Docket 94-NM-152-AD.
Supersedes AD 90-08-5, Amendment 39-0577.
Applicability: All Model British Aerospace Model BAe 146-100A, -
200A, and -300A, and Model Avro 146-RJ70A, -RJ85A, and -RJ100A
series airplanes; as listed in British Aerospace Service Bulletin SB
57-33, dated August 31, 1989, and Avro International Aerospace
Service Bulletin S.B. 57-33, Revision 3, dated September 16, 1994;
certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must use the authority
provided in paragraph (d) to request approval from the FAA. This
approval may address either no action, if the current configuration
eliminates the unsafe condition; or different actions necessary to
address the unsafe condition described in this AD. Such a request
should include an assessment of the effect of the changed
configuration on the unsafe condition addressed by this AD. In no
case does the presence of any modification, alteration, or repair
remove any airplane from the applicability of this AD.
Compliance: Required as indicated, unless accomplished
previously.
To prevent fuel leaks and a subsequent fire, accomplish the
following:
(a) For airplanes listed in British Aerospace Service Bulletin
SB 57-33, dated August 31, 1989: Within 12 months after May 21, 1990
(the effective date of AD 90-08-15, amendment 39-6577), visually
inspect for integrity of nuts and tightness of bolts, and/or fuel
leaks of the outboard vertical row of fasteners at the left- and
right-hand of the rear spar root joint attachment fittings, in
accordance with British Aerospace Service Bulletin 57-33, dated
August 31, 1989, Revision 1, dated October 29, 1993; Revision 2,
dated February 16, 1994; or Revision 3, dated September 16, 1994.
Repeat the inspection thereafter at intervals not to exceed 4,000
landings.
(1) If no defects are found, prior to further flight, reinstall
the left- and right-hand wing-to-fuselage fairing panels in
accordance with the service bulletin.
(2) If any defects are found, prior to further flight, repair
suspect and leaking fasteners, in accordance with the service
bulletin.
(b) For airplanes listed in Avro International Aerospace Service
Bulletin S.B. 57-33, Revision 3, dated September 16, 1994, and not
subject to paragraph (a) of this AD: Within 12 months after the
effective date of this AD, visually inspect for integrity of nuts
and tightness of bolts, and/or fuel leaks of the outboard vertical
row of fasteners at the left- and right-hand of the rear spar root
joint attachment fittings, in accordance with Avro International
Aerospace Service Bulletin S.B. 57-33, Revision 1, dated October 29,
1993; Revision 2, dated February 16, 1994; or Revision 3, dated
September 16, 1994. Repeat the inspection thereafter at intervals
not to exceed 4,000 landings.
(1) If no defects are found, prior to further flight, reinstall
the left- and right-hand wing-to-fuselage fairing panels in
accordance with the service bulletin.
(2) If any defects are found, prior to further flight, repair
suspect and leaking fasteners in accordance with the service
bulletin.
(c) Modification of the rear spar root joint attachment fittings
at wing rib 2 in accordance with Avro International Aerospace
Service Bulletin S.B. 57-33, Revision 1, dated October 29, 1993;
Revision 2, dated February 16, 1994; or Revision 3, dated September
16, 1994; constitutes terminating action for the repetitive visual
inspections required by this AD.
(d) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Standardization Branch, ANM-113,
FAA, Transport Airplane Directorate. Operators shall submit their
requests through an appropriate FAA Principal Maintenance Inspector,
who may add comments and then send it to the Manager,
Standardization Branch, ANM-113.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Standardization Branch, ANM-113.
(e) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
Issued in Renton, Washington, on November 22, 1994.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 94-29316 Filed 11-28-94; 8:45 am]
BILLING CODE 4910-13-U