[Federal Register Volume 60, Number 74 (Tuesday, April 18, 1995)]
[Rules and Regulations]
[Pages 19344-19346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8825]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 94-NM-152-AD; Amendment 39-9194; AD 95-08-05]


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: Final rule.

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SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD), applicable to certain British Aerospace Model BAe 146-100A, -
200A, and -300A series airplanes, that currently requires repetitive 
inspections of the attachment bolts and nuts in the 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 fuel leaks from bolt positions on the rear spar 
attachment fitting at wing rib 2. This amendment provides for an 
optional terminating modification for the repetitive inspections, and 
expands the applicability of the existing AD to include additional 
airplanes. The actions specified by this AD are intended to prevent 
fuel leaks and a subsequent fire.

DATES: Effective on May 18, 1995. [[Page 19345]] 
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of May 18, 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) by superseding AD 90-08-15, 
amendment 39-6577 (55 FR 13757, April 12, 1990), which is applicable to 
certain British Aerospace Model BAe 146-100A, -200A, and -300A series 
airplanes, was published in the Federal Register on November 29, 1994 
(59 FR 60924). The action proposed to 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 action proposed to provide for an optional 
terminating modification for the repetitive inspections. Additionally, 
the action proposed to expand the applicability of the existing AD to 
include additional airplanes.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.
    One commenter supports the proposed rule.
    One commenter requests that NOTE 1 of the proposal be revised to 
allow carriers with Special Federal Aviation Regulation (SFAR) 36 
authority to make a determination whether a repair modification or 
alteration provides an equivalent level of safety. The FAA does not 
concur. As discussed in the proposal, the referenced note is merely an 
explanation of the legal effect of the applicability statement (i.e., 
all airplanes identified in that statement are subject to the 
requirements of the AD). Since the note is simply informational, it 
cannot be revised to ``allow'' operators to make determinations that 
they are not otherwise allowed to make. The note directs operators 
(that have airplanes with altered or repaired configurations) to the 
provisions of paragraph (d) of the AD, which allows them to obtain 
approval of an alternative method of compliance (AMOC) with the AD. The 
FAA infers that the commenter is actually requesting that operators 
holding SFAR 36 authorizations be allowed, in essence, to approve their 
own AMOC's. The FAA has assigned a task to the Aviation Rulemaking 
Advisory Committee (ARAC) to review the AMOC process and to recommend 
improvements to it. The issue of whether the FAA should delegate its 
authority to approve AMOC's is being addressed in that context. The FAA 
will consider ARAC's recommendations once they are received. Therefore, 
the FAA considers any action on this subject to be premature until ARAC 
has submitted its recommendations.
    The FAA has reviewed the applicability of the proposal and has 
determined that referencing both 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, is 
unnecessary. Revision 3 of the Avro service bulletin includes the same 
airplanes listed in the effectivity listing of the original version of 
that service bulletin, as well as those listed in the British Aerospace 
service bulletin. Therefore, the FAA has revised the applicability 
statement of the final rule to reference only Revision 3 of the Avro 
service bulletin.
    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 11 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 2 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 $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 
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 removing amendment 39-6577 (55 FR 
13757, April 12, 1990), and by adding a new airworthiness directive 
(AD), amendment 39-9194, to read as follows:

95-08-05  British Aerospace Regional Aircraft Limited, Avro 
International Aerospace Division (Formerly British Aerospace, plc; 
British Aerospace Commercial Aircraft Limited): Amendment 39-9194. 
Docket 94-NM-152-AD. Supersedes AD 90-08-15, Amendment 39-6577.

    Applicability: Model British Aerospace Model BAe 146-100A, -
200A, and -300A [[Page 19346]] series airplanes, and Model Avro 146-
RJ70A, -RJ85A, and -RJ100A series airplanes; as listed in 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 defect is 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 defect is 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.
    (f) The actions done in accordance with British Aerospace 
Service Bulletin SB 57-33, dated August 31, 1989, including Appendix 
A; Avro International Aerospace Service Bulletin S.B. 57-33, 
Revision 1, dated October 29, 1993; Avro International Aerospace 
Service Bulletin S.B. 57-33, Revision 2, dated February 16, 1994; or 
Avro International Aerospace Service Bulletin S.B. 57-33, Revision 
3, dated September 16, 1994; as applicable. Revision 3 of Avro 
International Aerospace Service Bulletin S.B. 57-33 contains the 
following list of effective pages:

------------------------------------------------------------------------
                                               Revision                 
                                                level     Date shown on 
                  Page No.                     shown on        page     
                                                 page                   
------------------------------------------------------------------------
1-3-........................................          3  Sept. 16, 1994.
4-6-........................................          2  February 16,   
                                                          1994.         
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    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.
    (g) This amendment becomes effective on May 18, 1995.

    Issued in Renton, Washington, on April 5, 1995.
S.R. Miller,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 95-8825 Filed 4-17-95; 8:45 am]
BILLING CODE 4910-13-U