[Federal Register Volume 61, Number 153 (Wednesday, August 7, 1996)]
[Proposed Rules]
[Pages 41037-41039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20073]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95-NM-213-AD]
RIN 2120-AA64


Airworthiness Directives; British Aerospace Model Avro 146-RJ70A, 
-RJ85A, and -RJ100A 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 certain British Aerospace Model 
Avro 146-RJ70A, -RJ85A, and -RJ100A airplanes. This proposal would 
require repetitive inspections for cracking of fuselage frame 29, and 
repair, if necessary. This proposal is prompted by results of fatigue 
testing, which 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 September 16, 1996.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 95-NM-213-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 British Aerospace Regional Aircraft Limited, Avro 
International Aerospace Division, Customer Support, Woodford Aerodrome, 
Woodford, Cheshire SK7 1QR, England. This information may be examined 
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., 
Renton, Washington.

FOR FURTHER INFORMATION CONTACT: Tim Backman, Aerospace Engineer, 
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206) 
227-2797; fax (206) 227-1149.

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 95-NM-213-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. 95-NM-213-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 certain British Aerospace Model Avro 146-
RJ70A,-RJ85A, and-RJ100A 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 and 18 on the left and 
right side of the fuselage. The cracking emanated from the 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.

Explanation of Relevant Service Information

    The manufacturer has issued Avro International Aerospace Inspection 
Service Bulletin S.B. 53-131, dated March 29, 1995, 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 
service bulletin also references procedures for accomplishing a 
modification at each affected bolt position, which would eliminate the 
need for the repetitive inspections when the modification is installed 
at the time specified in the service bulletin. (Specific procedures for 
this modification are described in Repair Instruction Leaflet 
HC536H9168.) The CAA classified this service bulletin as mandatory in 
order to assure the continued airworthiness of these airplanes in the 
United Kingdom.

FAA's Conclusions

    These airplane models are manufactured in the United Kingdom and 
are 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

[[Page 41038]]

determined that AD action is necessary for products of this type design 
that are certificated for operation in the United States.

Explanation of Requirements of Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design, 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. All findings of cracking would be required to be repaired 
in accordance with a method approved by the FAA.
    Additionally, the proposed AD would provide for an optional 
terminating action for the repetitive inspections. Terminating action 
would consist of modifying 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.

Cost Impact

    The FAA estimates that 11 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 
cost impact of the proposed AD on U.S. operators is estimated to be 
$5,940, or $540 per airplane, per inspection cycle.
    The 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.

Regulatory Impact

    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. 106(g), 40113, 44701.


Sec. 39.13  [Amended]

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

British Aerospace: Docket 95-NM-213-AD.

    Applicability: Model Avro 146-RJ70A, -RJ85A, and -RJ100A 
airplanes; as listed in Avro International Aerospace Inspection 
Service Bulletin S.B. 53-131, dated March 29, 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 
otherwise 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 request approval for an 
alternative method of compliance in accordance with paragraph (d) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    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. 53-131, dated March 29, 1995. 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.
    (1) For Model Avro 146-RJ100A airplanes on which British 
Aerospace Modification HCM01411A, HCM01411B, or HCM01411C has not 
been accomplished: Perform the inspection within 6 months after the 
effective date of this AD, or prior to the accumulation of 12,000 
total landings, whichever occurs later. Repeat the inspection 
thereafter at intervals not to exceed 4,000 landings.
    (2) For Model Avro 146-RJ70A and -RJ85A airplanes on which 
British Aerospace Modification HCM01411A or HCM01411C has not been 
accomplished: 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 4,000 landings.
    (3) For Model Avro 146-RJ100A airplanes on which British 
Aerospace Modification HCM01411C has been accomplished, but on which 
British Aerospace Modification HCM01411A or HCM01411B has not been 
accomplished: Perform the inspection within 6 months after the 
effective date of this AD, or prior to the accumulation of 68,000 
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. 53-131, dated March 29, 1995, 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: Avro Repair Instruction Leaflet (RIL) HC536H9168 
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. 
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.


[[Page 41039]]


    Issued in Renton, Washington, on August 1, 1996.
John J. Hickey,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-20073 Filed 8-6-96; 8:45 am]
BILLING CODE 4910-13-U