[Federal Register Volume 60, Number 201 (Wednesday, October 18, 1995)]
[Rules and Regulations]
[Pages 53853-53855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25450]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 95-NM-189-AD; Amendment 39-9400; AD 95-21-13]


Airworthiness Directives; British Aerospace Model BAe 146 and 
Model Avro 146-RJ Series 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 all British Aerospace Model BAe 146 and Model Avro 
146-RJ series airplanes. This action requires inspection(s) to detect 
damaged and missing surface protective finish, corrosion, and cracking 
on the servo tab brackets and the trim tab drive brackets of the 
aileron, and corrective actions, if necessary. This amendment is 
prompted by a report of corrosion on an aileron tab bracket between the 
two tab drive flanges in the area of the two attachment bolts, which 
resulted in cracking of the flanges at their base. The actions 
specified in this AD are intended to prevent the failure of the servo 
tab brackets and trim tab drive brackets of the aileron due to cracking 
associated with corrosion, which could result in reduced 
controllability of the airplane.

DATES: Effective November 2, 1995.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of November 2, 1995.
    Comments for inclusion in the Rules Docket must be received on or 
before December 18, 1995.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 95-NM-189-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056.
    The service information referenced in this AD may be obtained from 
British Aerospace Holding, 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 all British Aerospace 
Model BAe 146 and Model Avro 146-RJ series airplanes. The CAA advises 
that it has received a 

[[Page 53854]]
report of corrosion on an aileron tab bracket between the two tab drive 
flanges in the area of the two attachment bolts. Such corrosion 
resulted in cracking of the bracket flanges at their base. The effects 
of such corrosion and resultant cracking could lead to the failure of 
the servo tab brackets and the trim tab drive brackets of the aileron. 
This condition, if not corrected, could result in reduced 
controllability of the airplane.
    British Aerospace has issued Service Bulletin S.B. 57-47, dated 
June 15, 1995 (for Model BAe 146 series airplanes), and Service 
Bulletin S.B. 57-48, dated June 30, 1995 (for Model Avro 146-RJ series 
airplanes). These service bulletins describe procedures for detailed 
visual inspection(s) to detect damaged and missing surface protective 
finish, corrosion, and cracking on the servo tab brackets and the trim 
tab drive brackets of the aileron, and corrective actions, if 
necessary. These service bulletins also describe procedures for 
replacement of any cracked servo tab bracket or trim tab bracket with a 
new bracket. The CAA classified these service bulletins 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 prevent the failure of 
the servo tab brackets and the trim tab drive brackets of the aileron 
due to cracking associated with corrosion, which could result in 
reduced controllability of the airplane. This AD requires detailed 
visual inspection(s) to detect damaged and missing surface protective 
finish, corrosion, and cracking on the servo tab brackets and the trim 
tab drive brackets (a total of six brackets) of the aileron, and 
corrective actions, if necessary. This AD also requires replacement of 
any cracked servo tab bracket or trim tab bracket with a new bracket. 
The actions are required to be accomplished in accordance with the 
service bulletins described previously.
    The FAA is considering further rulemaking action to supersede this 
AD to require, for certain airplanes, removal of the servo tab bracket 
and trim tab drive bracket of the aileron, a detailed visual inspection 
to detect damaged or missing surface protective finish, corrosion, or 
cracking, and corrective actions. However, the planned compliance time 
for these actions is sufficiently long so that notice and time for 
public comment would not be impracticable.
    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-189-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:

95-21-13  British Aerospace Regional Aircraft Limited, Avro 
International Aerospace Division (Formerly British Aerospace, plc; 
British Aerospace Commercial Aircraft Limited): Amendment 39-9400. 
Docket 95-NM-189-AD.

    Applicability: All Model BAe 146 series airplanes; and all Model 
Avro 146-RJ series airplanes, all line numbers up to and 

[[Page 53855]]
including line number E3263; 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.
    To prevent the failure of the servo and trim tab drive brackets 
of the aileron due to cracking associated with corrosion, which 
could result in reduced controllability of the airplane, accomplish 
the following:
    (a) Within 14 days after the effective date of this AD, perform 
a detailed visual inspection to detect damaged or missing surface 
protective finish, corrosion, or cracking on the servo tab brackets 
and the trim tab drive brackets of the aileron (total of 6 
brackets), in accordance with British Aerospace Service Bulletin 
S.B. 57-47, dated June 15, 1995 (for Model BAe 146 series 
airplanes), or British Aerospace Service Bulletin S.B. 57-48, dated 
June 30, 1995 (for Model Avro 146-RJ series airplanes), as 
applicable.
    (1) If no discrepancy is found, no further action is required by 
this AD.
    (2) If any discrepancy is found on the surface protection 
finish, but no corrosion or cracking is detected on any servo tab 
bracket or trim tab drive bracket, prior to further flight, reapply 
the intermediate (barrier) coat and the strippable polyurethane 
gloss top coat (aluminum colored), in accordance with the applicable 
service bulletin.
    (3) If any corrosion, but no cracking, is detected on the servo 
tab bracket or trim tab drive bracket, repeat the inspection 
thereafter at intervals not to exceed 50 landings. Prior to the 
accumulation of 500 landings after the initial inspection, remove 
corrosion and reapply the intermediate (barrier) coat and the 
strippable polyurethane gloss top coat (aluminum colored), in 
accordance with the applicable service bulletin.
    (4) If any cracking is detected on the servo tab drive bracket, 
prior to further flight, replace the cracked bracket with a new 
bracket, in accordance with the applicable service bulletin. After 
accomplishing the replacement, no further action is required by this 
AD for that servo tab bracket.
    (5) If any cracking is detected in only one flange of a single 
trim tab drive bracket and no other discrepancy is detected, repeat 
the inspection thereafter at intervals not to exceed 10 landings. 
Prior to the accumulation of 50 landings after the initial 
inspection, replace the cracked trim tab drive bracket with a new 
bracket, in accordance with the applicable service bulletin. After 
accomplishing the replacement, no further action is required by this 
AD for that trim tab drive bracket.
    (6) If any cracking is detected in the trim tab drive bracket 
and the crack has propagated through the flange or cracking exists 
in more than one flange of the bracket, prior to further flight, 
replace the cracked trim tab drive bracket with a new bracket, in 
accordance with the applicable service bulletin. After accomplishing 
the replacement, no further action is required by this AD for that 
trim tab drive bracket.
    (b) 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.

    (c) 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.
    (d) The actions shall be done in accordance with British 
Aerospace Service Bulletin S.B. 57-47, dated June 15, 1995, or 
British Aerospace Service Bulletin S.B. 57-48, dated June 30, 1995, 
as applicable. 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.
    (e) This amendment becomes effective on November 2, 1995.

    Issued in Renton, Washington, on October 6, 1995.
Gary L. Killion,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 95-25450 Filed 10-17-95; 8:45 am]
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