[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