[Federal Register Volume 60, Number 98 (Monday, May 22, 1995)]
[Rules and Regulations]
[Pages 27016-27018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11905]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 94-NM-163-AD; Amendment 39-9232; AD 95-10-15]


Airworthiness Directives; British Aerospace Model BAe 146-100A, -
200A, -300A and Model Avro 146-RJ70A, -RJ85A, and -RJ100A Airplanes 
Equipped With Certain Air Cruisers Evacuation Slides

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain British Aerospace Model BAe 146-100A, -200A, -
300A and Model Avro 146-RJ70A, -RJ85A, and -RJ100A airplanes, that 
requires repetitive inspections to verify proper deployment of the 
evacuation slide at each door position, and various follow-on actions 
to correct discrepancies. This amendment is prompted by a report that, 
during operational checks of evacuation slides on in-service airplanes, 
the inflation valves failed to deploy the evacuation slide properly. 
The actions specified by this AD are intended to prevent failure of the 
evacuation slide to deploy automatically on demand, which would 
necessitate the flightcrew to manually deploy the slide; this situation 
could delay or impede the evacuation of passengers during an emergency.

DATES: Effective June 21, 1995.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of June 21, 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; and Air Cruisers Company, P.O. Box 180, 
Belmar, New Jersey 07719-0180. 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 certain British Aerospace Model 
BAe 146-100A, -200A, -300A and Model Avro 146-RJ70A, -RJ85A, and -
RJ100A airplanes was published in the Federal Register on November 7, 
1994 (59 FR 55382). That action proposed to require repetitive 
inspections to verify proper deployment of the evacuation slide at each 
door position, and various follow-on actions to correct discrepancies. 
That action also proposed to require modification of the inflation 
valve of the evacuation slide, which would terminate the repetitive 
inspection requirements.
    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 questions the need for the rule since the major U.S. 
operators of the affected airplanes have accomplished the proposed 
actions. The commenter also states that for over two years there have 
been no reports of in-service deployment or inflation problems in the 
field, since the issuance of Air Cruisers Service Bulletin S.B. 201-25-
17, dated June 4, 1992, referenced in the proposal as the appropriate 
source of service information. However, the commenter notes that, 
during an evacuation demonstration, an isolated incident did occur in 
which the inflation valve did not inflate automatically.
    From these comments, the FAA infers that the commenter is 
requesting that the rule be withdrawn. The FAA does not concur. The FAA 
has received no documentation to indicate that all affected U.S. 
operators have accomplished the actions required by this AD. Even if 
that were the case, issuance of this AD is necessary to ensure that the 
required actions are accomplished on any British Aerospace Model BAe 
146-100A, -200A, -300A and Model Avro 146-RJ70A, -RJ85A, and -RJ100A 
airplanes that may be imported and added to the U.S. Register in the 
future. Although the FAA recognizes that there have been no cases of 
failure of the slides in service, the potential for such failures does 
exist [[Page 27017]] with regard to these airplanes. This AD action 
addresses that potential unsafe condition.
    This same commenter states that the manufacturer of the inflation 
valve, Air Cruisers Company, has not agreed to provide the valves at no 
cost to the operators, as was indicated in the preamble to the notice. 
The commenter states that the improved inflation valves will cost 
approximately $600 each. The FAA has verified with the manufacturer 
that the required parts will cost $600 per valve. The economic impact 
information, below, has been revised to include the price of required 
parts.
    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 long standing 
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 changes previously 
described. The FAA has determined that this change will neither 
significantly increase the economic burden on any operator nor increase 
the scope of the AD.
    The FAA estimates that 41 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 3.5 work hours per 
airplane to accomplish the required actions, and that the average labor 
rate is $60 per work hour. Required parts will cost approximately $600 
per valve (4 valves per airplane). Based on these figures, the total 
cost impact of the AD on U.S. operators is estimated to be $107,010 or 
$2,610 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:

95-10-15  British Aerospace Regional Aircraft Limited, AVRO 
International Aerospace Division (Formerly British Aerospace, plc; 
British Aerospace Commercial Aircraft Limited): Amendment 39-9232. 
Docket 94-NM-163-AD.

    Applicability: Model British Aerospace BAe 146-100A, -200A, -
300A and Model Avro 146-RJ70A, -RJ85A, and -RJ100A airplanes; 
equipped with Air Cruisers Company evacuation slides, as listed in 
British Aerospace Service Bulletin S.B. 25-328, Revision 2, dated 
July 10, 1993; 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 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 failure of the evacuation slide to deploy 
automatically, which necessitates the flight crew to manually deploy 
the slide and subsequently could delay or impede the evacuation of 
passengers during an emergency, accomplish the following:
    (a) Within 3 months after the effective date of this AD, perform 
an inspection to verify proper deployment of the evacuation slide at 
each door position, in accordance with British Aerospace Service 
Bulletin S.B. 25-328, Revision 2, dated July 10, 1993.
    (1) If the slide deploys properly, repeat the inspection 
thereafter at intervals not to exceed 6 months.
    (2) If any slide fails to deploy properly, prior to further 
flight, conduct the actions specified in paragraphs 2.A.3 through 
2.A.6 of the Accomplishment Instructions of the service bulletin.
    (b) Within 8 months after the effective date of this AD, modify 
the inflation valves of the evacuation slide, in accordance with Air 
Cruisers Company Service Bulletin S.B. 201-25-17, dated June 4, 
1992. Accomplishment of this modification constitutes terminating 
action for the repetitive inspection requirements of this AD.
    (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 modification shall be done in accordance with Air 
Cruisers Company Service Bulletin S.B. 201-25-17, dated June 4, 
1992. The inspection shall be done in accordance with British 
Aerospace Service [[Page 27018]] Bulletin S.B. 25-328, Revision 2, 
dated July 10, 1993, which contains the following list of effective 
pages:

------------------------------------------------------------------------
                                         Revision                       
                                           level                        
               Page No.                  shown on    Date shown on page 
                                           page                         
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1.....................................  2.........  July 10, 1993.      
2.....................................  1.........  Sept. 24, 1992.     
3,4...................................  Original..  Aug. 21, 1992.      
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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 Holding, 
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 June 21, 1995.

    Issued in Renton, Washington, on May 9, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 95-11905 Filed 5-19-95; 8:45 am]
BILLING CODE 4910-13-U