[Federal Register Volume 60, Number 44 (Tuesday, March 7, 1995)]
[Rules and Regulations]
[Pages 12413-12414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4254]



-----------------------------------------------------------------------


DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 94-NM-157-AD; Amendment 39-9158; AD 95-04-06]


Airworthiness Directives; British Aerospace Model Avro 146-RJ 
Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to all British Aerospace Model Avro 146-RJ series airplanes, 
that requires inspections to detect cracking of the upper main fitting 
of the nose landing gear (NLG), and replacement or repair of cracked 
parts. This amendment is prompted by reports of cracking of the upper 
main fitting of the NLG. The actions specified by this AD are intended 
to prevent failure of the main fitting, which could lead to collapse of 
the NLG during landing.

DATES: Effective on April 6, 1995.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of April 6, 1995.

ADDRESSES: The service information referenced in this AD 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 
Federal Aviation Administration (FAA), Transport Airplane Directorate, 
Rules Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the 
Office of the Federal Register, 800 North Capitol Street, NW., suite 
700, Washington, DC.

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: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to all British Aerospace Model Avro 
146-RJ series airplanes was published in the Federal Register on 
November 7, 1994 (59 FR 55380). That action proposed to require 
repetitive eddy current or ultra high sensitivity penetrant 
inspections, and replacement or repair of cracked parts.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the single comment received.
    The commenter supports the proposed rule.
    As a result of recent communications with the Air Transport 
Association (ATA) of America, the FAA has learned that, in general, 
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. The FAA 
points out that 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 final rule to clarify this requirement.
    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the change previously 
described. The FAA has determined that this change will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.
    The FAA estimates that 3 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 2.5 work hours per 
airplane to accomplish the required actions, and that the average labor 
rate is $60 per work hour. Based on these figures, the total cost 
impact of the AD on U.S. operators is estimated to be $450, or $150 per 
airplane.
    The total cost impact figure discussed above is based on 
assumptions that no operator has yet accomplished any of the 
requirements of this AD action, and that no operator would accomplish 
those actions in the future if this AD were not adopted.
    The regulations adopted herein will 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 final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this action (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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends 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 adding the following new 
airworthiness directive:

95-04-06  British Aerospace Regional Aircraft Limited, Avro 
International Aerospace Division (Formerly British Aerospace, plc; 
British Aerospace Commercial Aircraft, Limited): Amendment 39-9158. 
Docket 94-NM-157-AD.

    Applicability: All Model Avro 146-RJ series airplanes, 
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 (c) 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 
[[Page 12414]] 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 the failure of the main fitting, which could lead to 
collapse of the nose land gear (NLG) during landing, accomplish the 
following:
    (a) For airplanes on which NLG part number 200876001 or 
200876003 has been installed:
    (1) Prior to the accumulation of 4,000 total landings or within 
30 days after the effective date of this AD, whichever occurs later, 
conduct an eddy current or ultra high sensitivity penetrant 
inspection of the NLG, in accordance with British Aerospace Service 
Bulletin S.B. 32-131, Revision 2, dated July 10, 1993. Repeat the 
inspection thereafter at intervals not to exceed 4,000 landings.
    (2) If cracking is detected during any inspection required by 
this paragraph, prior to further flight, replace the currently 
installed NLG with a new or serviceable unit, or repair the crack, 
in accordance with a method approved by the Manager, Standardization 
Branch, ANM-113, FAA, Transport Airplane Directorate. After 
replacement or repair, repeat the inspection at intervals not to 
exceed 4,000 landings.
    (b) For airplanes on which NLG part number 200876002, 200876004, 
or 201138002 has been installed:
    (1) Prior to the accumulation of 16,000 total landings or within 
30 days after the effective date of this AD, whichever occurs later, 
conduct an eddy current or ultra sensitivity penetrant inspection of 
the NLG, in accordance with British Aerospace Service Bulletin S.B. 
32-131, Revision 2, dated July 10, 1993. Repeat the inspection 
thereafter at intervals not to exceed 8,000 landings.
    (2) If cracking is detected during any inspection required by 
this paragraph, prior to further flight, replace the currently 
installed NLG with a new or serviceable unit, or repair the crack, 
in accordance with a method approved by the Manager, Standardization 
Branch, ANM-113, FAA, Transport Airplane Directorate. After 
replacement or repair, repeat the inspection at intervals not to 
exceed 8,000 landings.
    (c) 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.

    (d) 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.
    (e) The inspections shall be done in accordance with British 
Aerospace Service Bulletin S.B. 32-131, Revision 2, dated July 10, 
1993, which contains the following effective pages:

------------------------------------------------------------------------
                                        Revision                        
              Page No.                level shown    Date shown on page 
                                        on page-                        
------------------------------------------------------------------------
1..................................  2............  July 10, 1993.      
2-4-...............................  1............  Nov. 12, 1992.      
Appendix A-1 1-4...................  Original-....  Dec. 6, 1991.       
------------------------------------------------------------------------

The replacement and repair shall be done in accordance with a method 
approved by the Manager, Standardization Branch, ANM-113, FAA, 
Transport Airplane Directorate. This incorporation by reference was 
approved by the Director of the Federal Register in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from 
British Aerospace Holdings, Inc., Avro International Aerospace 
Division, P.O. Box 16039, Dulles International Airport, Washington 
DC 20041-6039. Copies may be inspected at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or 
at the Office of the Federal Register, 800 North Capitol Street, 
NW., suite 700, Washington, DC.
    (f) This amendment becomes effective on April 6, 1995.

    Issued in Renton, Washington, on February 15, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 95-4254 Filed 3-6-95; 8:45 am]
BILLING CODE 4910-13-U