[Federal Register Volume 63, Number 156 (Thursday, August 13, 1998)]
[Proposed Rules]
[Pages 43331-43333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21659]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-214-AD]
RIN 2120-AA64


Airworthiness Directives; British Aerospace Model BAe 146-100A, -
200A, and -300A Series 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 
BAe 146-100A, -200A, and -300A series airplanes. This proposal would 
require either a one-time non-destructive test (NDT) or a visual 
inspection for cracking of the fuselage skin in the vicinity of frame 
29 between stringers 12 and 13, and repair, if necessary. This proposal 
is prompted by issuance of mandatory continuing airworthiness 
information by a foreign civil airworthiness authority. The actions 
specified by the proposed AD are intended to detect and correct fatigue 
cracking of the fuselage skin in the specified area, which could result 
in reduced structural integrity of the airplane.

DATES: Comments must be received by September 14, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-214-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 AI(R) American Support, Inc., 13850 Mclearen Road, 
Herndon, Virginia 20171. This information may be examined at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington.

FOR FURTHER INFORMATION CONTACT: Norman B. Martenson, Manager, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2110; fax (425) 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 98-NM-214-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-114, Attention: Rules 
Docket No. 98-NM-214-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The Civil Aviation Authority (CAA), which is the airworthiness 
authority for the United Kingdom, notified the FAA that an unsafe 
condition may exist on certain British Aerospace Model BAe 146-100A, -
200A, and -300A series airplanes. The CAA advises that it has received 
reports that, during routine inspections, fatigue cracking was found in 
the vicinity of frame 29 between stringers 12 and 13 of the fuselage 
skin. The exact cause of the cracking in this area has not yet been 
determined. Such fatigue cracking, if not corrected, could result in 
reduced structural integrity of the airplane.

Explanation of Relevant Service Information

    The manufacturer has issued British Aerospace Service Bulletin 
SB.53-144, dated April 27, 1998, which describes procedures for 
performing either a one-time non-destructive test (NDT) or a visual 
inspection for cracking of the fuselage skin in the vicinity of frame 
29 between stringers 12 and 13, and repair, if necessary. The CAA 
classified this service bulletin as mandatory and issued British 
airworthiness directive 005-04-98 in order to assure the continued 
airworthiness of these airplanes in the United Kingdom.

FAA's Conclusions

    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

[[Page 43332]]

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.

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 registered 
in the United States, the proposed AD would require accomplishment of 
the actions specified in the service bulletin described previously, 
except as discussed below.

Interim Action

    This is considered to be interim action until final action is 
identified, at which time the FAA may consider further rulemaking.

Differences Between Proposed Rule and Service Bulletin

    Operators should note that, although the service bulletin specifies 
that the manufacturer may be contacted for disposition of cracking 
conditions, this proposal would require the repair of those conditions 
to be accomplished in accordance with a method approved by either the 
FAA, or the CAA (or its delegated agent). In light of the type of 
repair that would be required to address the identified unsafe 
condition, and in consonance with existing bilateral airworthiness 
agreements, the FAA has determined that, for this proposed AD, a repair 
approved by either the FAA or the CAA would be acceptable for 
compliance with this proposed AD.
    Operators should further note that the service bulletin recommends 
accomplishing the inspection prior to reaching a certain threshold, or 
within a specified grace period, ``whichever occurs earliest.'' 
However, this proposed AD would specify that the actions would be 
required to be accomplished at the later of these two times to prevent 
unnecessary grounding of airplanes.

Cost Impact

    The FAA estimates that 23 airplanes of U.S. registry would be 
affected by this proposed AD.
    For operators that elect to accomplish the proposed visual 
inspection rather than the non-destructive test, it would take 
approximately 6 work hours per airplane to accomplish it, at an average 
labor rate of $60 per work hour. Based on these figures, the cost 
impact of the proposed visual inspection on U.S. operators is estimated 
to be $360 per airplane.
    For operators that elect to accomplish the proposed non-destructive 
test rather than the visual inspection, it would take approximately 8 
work hours per airplane to accomplish it, at an average labor rate of 
$60 per work hour. Based on these figures, the cost impact of the 
proposed non-destructive test on U.S. operators is estimated to be $480 
per airplane.
    The cost impact figures discussed above are 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 Regional Aircraft (Formerly British Aerospace 
Regional Aircraft Limited, Avro International Aerospace Division; 
British Aerospace, PLC; British Aerospace Commercial Aircraft 
Limited): Docket 98-NM-214-AD.

    Applicability: Model BAe 146-100A, -200A, and -300A series 
airplanes, as listed in British Aerospace Service Bulletin SB.53-
144, dated April 27, 1998; 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 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 detect and correct fatigue cracking of the fuselage skin in 
the vicinity of frame 29 between stringers 12 and 13, which could 
result in reduced structural integrity of the airplane, accomplish 
the following:
    (a) Perform either a one-time non-destructive test (NDT) or a 
one-time detailed visual inspection for cracking of the fuselage 
skin in the vicinity of frame 29 between stringers 12 and 13, in 
accordance with British Aerospace Service Bulletin SB.53-144, dated 
April 27, 1998, at the time specified in paragraph (a)(1), (a)(2), 
(a)(3), or (a)(4) of this AD, as appliciable.
    (1) For airplanes identified in paragraph 1.D.(1)(a) of the 
service bulletin: Inspect prior to the accumulation of 12,000 total 
flight cycles, or within 1,000 flight cycles after the effective 
date of this AD, whichever occurs later.
    (2) For airplanes identified in paragraph 1.D.(1)(b) of the 
service bulletin: Inspect prior to the accumulation of 16,000 total 
flight cycles, or within 1,200 flight cycles after the effective 
date of this AD, whichever occurs later.
    (3) For airplanes identified in paragraph 1.D.(1)(c) of the 
service bulletin: Inspect prior to the accumulation of 13,500 total 
flight cycles, or within 1,000 flight cycles after the effective 
date of this AD, whichever occurs later.
    (4) For airplanes identified in paragraph 1.D.(1)(d) of the 
service bulletin: Inspect prior to the accumulation of 22,000 total 
flight cycles, or within 1,400 flight cycles after the effective 
date of this AD, whichever occurs later.

[[Page 43333]]

    (b) If no cracking is detected during the inspection required by 
paragraph (a) of this AD, no further action is required by this AD.
    (c) If any cracking is detected during the inspection required 
by paragraph (a) of this AD, prior to further flight, repair in 
accordance with a method approved by either the Manager, 
International Branch, ANM-116, FAA, Transport Airplane Directorate; 
or the Civil Aviation Authority (or its delegated agent).
    (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, International Branch, ANM-116. 
Operators shall submit their requests through an appropriate FAA 
Principal Maintenance Inspector, who may add comments and then send 
it to the Manager, International Branch, ANM-116.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

    (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.

    Note 3: The subject of this AD is addressed in British 
airworthiness directive 005-04-98.

    Issued in Renton, Washington, on August 6, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-21659 Filed 8-12-98 8:45 am]
BILLING CODE 4910-13-U