[Federal Register Volume 60, Number 166 (Monday, August 28, 1995)]
[Rules and Regulations]
[Pages 44417-44419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20629]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95-NM-135-AD; Amendment 39-9343; AD 95-17-13]


Airworthiness Directives; British Aerospace Model BAe 146 and 
Model Avro 146-RJ Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to certain British Aerospace Model BAe 146 and Model Avro 
146-RJ airplanes. This action requires modification of the left- and 
right-hand elevators to improve water drainage. This amendment is 
prompted by reports that elevator oscillations and resultant airplane 
pitch oscillations have occurred due to the elevator balance changes as 
a result of accumulation of water in the elevators. The actions 
specified in this AD are intended to minimize accumulation of water in 
the elevators, which could lead to elevator and airplane pitch 
oscillations with a subsequent reduction of controllability of the 
airplane and damage to the tail surface structure.

DATES: Effective September 12, 1995.
    -The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of September 12, 1995.
    -Comments for inclusion in the Rules Docket must be received on or 
before October 27, 1995.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 95-NM-135-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056.
    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 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.

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) 227-1149.

SUPPLEMENTARY INFORMATION: 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 certain British Aerospace 
Model BAe 146 and Model Avro 146-RJ airplanes. The CAA advises that it 
received several reports indicating that elevator oscillations have 
occurred, which resulted in airplane pitch oscillations. Investigation 
revealed that, when the airplane had completed steep climb maneuvers, 
water had accumulated in the left- and right-hand elevators. 
Accumulation of water, if not corrected, may upset the balance of the 
elevators, which could result in elevator oscillation and subsequent 
airplane pitch oscillations; this condition could result in reduced 
controllability of the airplane or damage to the tail surface 
structure.
    -British Aerospace Regional Aircraft Limited, Avro International 
Division, has issued Service Bulletin SB.55-13-01490B, dated July 7, 
1995, which describes procedures for modification of the left- and 
right-hand elevators. The modification involves the following actions:
    -1. Drilling, reaming, and deburring new drain holes in the 
underside of the left- and right-elevators;
    -2. Applying protective treatment to the left- and right-hand 
elevators;
    -3. Performing a visual inspection to determine if all of the seams 
on the elevators are sealed, and resealing, if necessary; and
    -4. Plugging (blanking off) certain existing drain holes with a 
grommet (for certain airplanes).
    -Accomplishment of this modification will improve the drainage of 
water from the elevators and minimize the accumulation of water in the 
elevators.
    -The CAA classified the service bulletin as mandatory in order to 
assure the continued airworthiness of these airplanes in the United 
Kingdom.
    -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, this AD is being issued to minimize accumulation 
of water in the elevators, which could lead to elevator oscillations. 
This AD requires modification of the left- and right-hand elevators 
(Mod. No. HCMO1490B). The actions are required to be accomplished, in 
part, in accordance with the service bulletin described previously.
    -In addition, the FAA has received a recommendation from the CAA 
that certain additional procedures be accomplished concurrent with the 
modification. These procedures have been added to this AD.
    This is considered to be interim action until final action is 
identified, at which time the FAA may consider further rulemaking.
    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 

[[Page 44418]]
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 rule to clarify this long-standing requirement.
    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this 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 under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether additional rulemaking action would be 
needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the 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 that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 95-NM-135-AD.'' The postcard will be date stamped and 
returned to the commenter.
    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.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket. 
A copy of it, if filed, 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 USC 106(g), 40101, 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

95-17-13  British Aerospace Regional Aircraft Limited, AVRO 
International Aerospace Division (Formerly British Aerospace, plc; 
British Aerospace Commercial Aircraft Limited): Amendment 39-9343. 
Docket 95-NM-135-AD.

    Applicability: Model British Aerospace BAe 146 and Model Avro 
146-RJ airplanes; as listed in British Aerospace Service Bulletin 
SB.55-13-01490B, dated July 7, 1995; 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) of this AD 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.

    Note 2: This AD references certain portions of a British 
Aerospace service bulletin for applicability and modification 
information. In addition, this AD specifies further detailed 
instructions, and in certain cases, specifies that a different 
sealant be used. Where there are differences between the AD and the 
service bulletin, the AD prevails.

    To minimize accumulation of water in the elevators, which could 
lead to elevator and airplane pitch oscillations with a subsequent 
reduction of controllability of the airplane and tail surface 
structural damage.
    (a) Within 30 days after the effective date of this AD, 
accomplish paragraphs (a)(1) and (a)(2) of this AD, as applicable.
    (1) For all airplanes: Accomplish the following requirements of 
paragraph (a)(1)(i), (a)(2)(ii), (a)(3)(iii) of this AD:
    (i) Drill, ream, and deburr new drain holes in the left- and 
right-elevators in accordance with British Aerospace Service 
Bulletin SB.55-13-01490B, dated July 7, 1995. The following 
procedures shall be accomplished in addition to procedures specified 
in the service bulletin. Identify the drain hole positions to be 
added in accordance with Drawing No. 1 of the service bulletin. 
Where drain holes already exist in the same rib bay within a 
distance of 2 inches of the new drain hole position defined in the 
service bulletin, no additional drain holes shall be added. Drawing 
No. 1 of the service bulletin shows the required number and bay 
locations of drain holes after the accomplishment of this paragraph. 
No drain holes other than those specified in drawing No. 1 shall be 
added.
    (ii) Apply protective treatment in the areas of the new drain 
holes in the left- and right-hand elevators in accordance with the 
service bulletin.
    (iii) Perform a visual inspection to determine if all of the 
seams on the elevator are sealed as specified in Drawing No. 5 of 
the service bulletin. Accomplish the inspection in accordance with 
the service bulletin.
    (A) If all the seams of the elevators are sealed, as specified 
in Drawing No. 5 of the service bulletin, no further action is 
required by this paragraph.
    (B) If any seam is not sealed, as specified in Drawing No. 5 of 
the service bulletin, prior 

[[Page 44419]]
to further flight, seal the seam in accordance with the procedures 
specified in the service bulletin. Only Thiokol sealant PR-1431 Type 
1, PR-1431 Type 2, PR-1431-T, PR-1431-T6, PR-1422B-2NA, or PR-1422B-
4NA shall be used to seal the seam.
    (2) For airplanes on which Modification HCM00912A has been 
accomplished: At the positions shown in Drawing No. 4 of the service 
bulletin, plug (blank off) the drain holes with a grommet, fill the 
inside of each grommet with sealant, and insert it into the drain 
hole to be plugged, in accordance with the procedures specified in 
the service bulletin. Only Thiokol sealant PR-1431 Type 1, PR-1431 
Type 2, PR-1431-T, PR-1431-T6, PR-1422B-2NA or PR-1422B-4NA shall be 
used to fill the inside of each grommet.
    (b) As of the effective date of this AD, no person shall install 
any elevator on any airplane affected by this AD unless that 
elevator has been modified in accordance with 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 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.

    (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 actions shall be done in accordance with British 
Aerospace Service Bulletin SB.55-13-01490B, dated July 7, 1995, 
where specified. 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 September 12, 1995.

    Issued in Renton, Washington, on August 15, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 95-20629 Filed 8-25-95; 8:45 am]
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