[Federal Register Volume 60, Number 76 (Thursday, April 20, 1995)]
[Proposed Rules]
[Pages 19693-19695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9770]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 94-NM-131-AD]


Airworthiness Directives; British Aerospace Model BAe 146-100A, -
200A, and -300A Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to all British Aerospace Model BAe 
146-100A, -200A, and -300A airplanes. This proposal would require 
repetitive inspections for cracking of fuselage frame 29, and repair, 
if necessary. This proposal is prompted by testing that revealed 
fatigue cracking in the web and inboard flange of frame 29. The actions 
specified by the proposed AD are intended to prevent reduced structural 
integrity of the fuselage, due to fatigue cracking in frame 29.

DATES: Comments must be received by May 31, 1995.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 94-NM-131-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 Avro International Aerospace, Inc., 22111 Pacific Blvd., 
Sterling, Virginia 20166. 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-131-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-131-AD, 1601 Lind Avenue SW., Renton, Washington 
98055-4056.

Discussion

    The Civil Aviation Authority (CAA), which is the airworthiness 
authority for the United Kingdom, recently notified the FAA that an 
unsafe condition may exist on all British Aerospace Model BAe 146-100A, 
-200A, and -300A airplanes. The CAA advises that, during fatigue 
testing of the fuselage, cracking was discovered in the web and inboard 
flange of frame 29 between stringers 12 [[Page 19694]] and 18 on the 
left and right side of the fuselage. The cracking emanated from bolt 
holes in these areas. Such fatigue cracking, if not detected and 
corrected in a timely manner, could result in reduced structural 
integrity of the fuselage of the airplane.
    Avro International Aerospace has issued Inspection Service Bulletin 
S.B. 53-130, dated May 10, 1994, which describes procedures for 
repetitive visual inspections of frame 29 between stringers 12 and 18 
on the left and right side of the fuselage. The Avro International 
Aerospace inspection service bulletin also references procedures for 
accomplishing a modification at each affected bolt position that would 
eliminate the need for the repetitive inspections when those 
modifications are installed at the time specified in the service 
bulletin. (Specific procedures for this modification are described in 
Repair Instruction Leaflet HC536H9159.) The CAA classified this 
inspection service bulletin as mandatory.
    This airplane model is manufactured in the United Kingdom and is 
type certificated for operation in the United States under the 
provisions of Sec. 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 require repetitive visual 
inspections to detect cracking of the fuselage at frame 29. The actions 
would be required to be accomplished in accordance with the service 
bulletin described previously.
    The proposed AD would also require that all findings of cracking be 
repaired in accordance with a method approved by the FAA. Additionally, 
the proposed AD would also provide for optional terminating action for 
the repetitive inspections. Terminating action would consist of 
modification of each affected bolt position in accordance with the 
service bulletin described previously, provided that the modification 
is accomplished no later than the applicable time specified in that 
service bulletin.
    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 included in this notice to clarify this long standing requirement.
    The FAA estimates that 43 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 9 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 $23,220, or $540 per airplane, per inspection cycle.
    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 adding the following new 
airworthiness directive:

British Aerospace Regional Aircraft Limited, Avro International 
Aerospace Division (Formerly British Aerospace, PLC, British 
Aerospace Commercial Aircraft Limited) Docket 94-NM-131-AD.

    Applicability: All Model BAe 146-100A, -200A, and -300A 
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 (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 reduced structural integrity of the fuselage 
of the airplane, due to fatigue cracking in frame 29, accomplish the 
following:
    (a) Perform a detailed visual inspection for cracking of frame 
29 between stringers 12 and 18 on the left and right side of the 
fuselage, in accordance with Avro International Aerospace Inspection 
Service Bulletin S.B. 53-130, dated May 10, 1994. If the polymer 
coating on frame 29 prevents a detailed visual inspection, perform a 
surface eddy current inspection for cracking in accordance with the 
service bulletin. Perform the inspections at the time specified in 
paragraph (a)(1), (a)(2), or (a)(3) of this AD, as applicable. 
[[Page 19695]] 
    (1) For Model BAe 146-100A airplanes: Perform the inspection 
within 6 months after the effective date of this AD, or prior to the 
accumulation of 30,000 total landings, whichever occurs later. 
Repeat the inspection thereafter at intervals not to exceed 6,000 
landings.
    (2) For Model BAe 146-200A airplanes, and for Model BAe 146-300A 
airplanes other than those airplanes identified in paragraph (a)(3) 
of this AD: Perform the inspection within 6 months after the 
effective date of this AD, or prior to the accumulation of 24,000 
total landings, whichever occurs later. Repeat the inspection 
thereafter at intervals not to exceed 6,000 landings.
    (3) For Model BAe 146-300A airplanes having serial numbers 
E3207, E3212, E3214, E3216, E3218, E3219, and E3222: Perform the 
inspection within 6 months after the effective date of this AD, or 
prior to the accumulation of 13,000 total landings, whichever occurs 
later. Repeat the inspection thereafter at intervals not to exceed 
4,000 landings.
    (b) If any cracking is found during any inspection required by 
paragraph (a) of this AD, prior to further flight, repair in 
accordance with a method approved by the Manager, Standardization 
Branch, ANM-113, FAA, Transport Airplane Directorate.
    (c) Accomplishment of the modification of each affected bolt 
position in accordance with Avro International Aerospace Inspection 
Service Bulletin S.B. 53-130, dated May 10, 1994, prior to the 
embodiment times shown in Table 'A' of that service bulletin, 
constitutes terminating action for the repetitive inspections 
required by paragraph (a) of this AD.

    Note 2: Repair Instruction Leaflet (RIL) HC536H9159 provides 
detailed instructions for modification of all bolt positions in the 
affected areas of frame 29.

    (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 3: 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 April 14, 1995.
John J. Hickey,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 95-9770 Filed 4-19-95; 8:45 am]
BILLING CODE 4910-13-U