[Federal Register Volume 64, Number 198 (Thursday, October 14, 1999)]
[Proposed Rules]
[Pages 55636-55638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26868]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 64, No. 198 / Thursday, October 14, 1999 / 
Proposed Rules  

[[Page 55636]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-237-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 supersedure of an existing 
airworthiness directive (AD), applicable to certain British Aerospace 
Model BAe 146-100A, -200A, and -300A series airplanes, that currently 
requires either a one-time non-destructive test (NDT) inspection or a 
detailed visual inspection for cracking of the fuselage skin in the 
vicinity of frame 29 between stringers 12 and 13, and repair, if 
necessary. This action would require that the current thresholds for 
these inspections be reduced and that repetitive inspections be 
performed. 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 November 15, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 99-NM-237-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 American Support, 
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 99-NM-237-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. 99-NM-237-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On September 28, 1998, the FAA issued AD 98-21-06, amendment 39-
10814 (63 FR 53550, October 6, 1998), applicable to certain British 
Aerospace Model BAe 146-100A, -200A, and -300A series airplanes, to 
require either a one-time non-destructive test (NDT) inspection 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. That 
action was prompted by issuance of mandatory continuing airworthiness 
information issued by a foreign civil airworthiness authority, which 
reported that, during routine inspections, fatigue cracking was found 
in the specified area. The requirements of that 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.

Information Received Since Issuance of Previous AD

    Since issuance of that AD, the FAA has been advised of new 
metallurgical analysis which necessitates changes to the current 
inspection thresholds and the addition of repetitive inspections.

Explanation of Relevant Service Information

    Since the issuance of AD 98-21-06, British Aerospace has issued 
Service Bulletin SB.53-144, Revision 1, dated May 21, 1999. The 
inspection procedures described in this revision are identical to those 
described in the original service bulletin (which was referenced in AD 
98-21-06). However, Revision 1 reduces the initial inspection 
thresholds.
    The new revision also adds a closing action which advises operators 
to refer to a new Significant Structural Item (SSI) entry 53-20-160. 
The service bulletin and the SSI task recommend the same inspection and 
initial inspection threshold, but the SSI task also includes intervals 
for repetitive inspections. This SSI task is identified in the Model 
BAe 146 Maintenance Review Board (MRB) report.
    The Civil Aviation Authority (CAA), which is the airworthiness 
authority for the United Kingdom, classified Revision 1 of the service 
bulletin as mandatory in

[[Page 55637]]

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 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 supersede AD 98-21-06 to 
require accomplishment of the actions specified in the service bulletin 
described previously, except as discussed below.

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.
    Revision 1 of Service Bulletin SB.53-144 refers to the repetitive 
inspections identified in MRB new entry SSI 53-20-160, but does not 
explicitly require that these inspections be performed. The proposed AD 
would mandate these repetitive inspections directly.

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 visual inspection rather 
than the NDT inspection, 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 visual inspection 
on U.S. operators is estimated to be $360 per airplane, per inspection 
cycle.
    For operators that elect to accomplish the NDT inspection 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 NDT inspection on 
U.S. operators is estimated to be $480 per airplane, per inspection 
cycle.
    The cost impact figures discussed above are 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.

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 removing amendment 39-10814 (63 FR 
53550, November 10, 1998), and 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 99-NM-237-AD. Supersedes AD 98-21-06, Amendment 39-
10814.

    Applicability: Model BAe 146-100, -200, and -300 series 
airplanes; as listed in British Aerospace Service Bulletin SB.53-
144, dated April 27, 1998, or Revision 1, dated May 21, 1999; 
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:

Inspections

    (a) Perform either a non-destructive test (NDT) inspection or a 
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, 
or Revision 1, dated May 21, 1999, at the earlier of the applicable 
times specified in paragraphs (a)(1) and (a)(2).

    Note 2: The actions defined in the original issue and Revision 1 
of the service bulletin are identical. However, the compliance times 
and effectivity groupings are different. Accomplishment of either 
revision level, at the earlier of the applicable compliance times of 
paragraphs (a)(1) and (a)(2) of this AD, is acceptable for 
compliance with the requirements of paragraph (a) of this AD.

    Note 3: For the purposes of this AD, a detailed inspection is 
defined as: ``An

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intensive visual examination of a specific structural area, system, 
installation, or assembly to detect damage, failure, or 
irregularity. Available lighting is normally supplemented with a 
direct source of good lighting at intensity deemed appropriate by 
the inspector. Inspection aids such as mirror, magnifying lenses, 
etc., may be used. Surface cleaning and elaborate access procedures 
may be required.''

    (1) For airplanes identified in the specified paragraph of 
Service Bulletin SB.53-144, dated April 27, 1998:
    (i) Paragraph 1.D.(1)(a): Inspect prior to the accumulation of 
12,000 total flight cycles, or within 1,000 flight cycles after 
November 10, 1998 (the effective date of AD 98-21-06, amendment 39-
10814), whichever occurs later.
    (ii) Paragraph 1.D.(1)(b): Inspect prior to the accumulation of 
16,000 total flight cycles, or within 1,200 flight cycles after 
November 10, 1998, whichever occurs later.
    (iii) Paragraph 1.D.(1)(c): Inspect prior to the accumulation of 
13,500 total flight cycles, or within 1,000 flight cycles after 
November 10, 1998, whichever occurs later.
    (iv) Paragraph 1.D.(1)(d): Inspect prior to the accumulation of 
22,000 total flight cycles, or within 1,400 flight cycles after 
November 10, 1998, whichever occurs later.
    (2) For airplanes in the applicable configuration specified in 
Table 1 of Service Bulletin SB.53-144, Revision 1, dated May 21, 
1999:
    (i) For Model BAe 146-100 airplanes on which Modification 
HCM00020P has not been accomplished: Inspect prior to the 
accumulation of 11,600 total flight cycles, or within 1,000 flight 
cycles after the effective date of this AD, whichever occurs later.
    (ii) For Model BAe 146-100 airplanes on which Modification 
HCM00020P has been accomplished: Inspect prior to the accumulation 
of 14,500 total flight cycles, or within 1,200 flight cycles after 
the effective date of this AD, whichever occurs later.
    (iii) For Model BAe 146-200 airplanes on which Modification 
HCM00021J has not been accomplished: Inspect prior to the 
accumulation of 12,600 total flight cycles, or within 1,000 flight 
cycles after the effective date of this AD, whichever occurs later.
    (iv) For Model BAe 146-200 airplanes on which Modification 
HCM00021J has been accomplished: Inspect prior to the accumulation 
of 11,600 total flight cycles, or within 1,000 flight cycles after 
the effective date of this AD, whichever occurs later.
    (v) For Model BAe 146-300 airplanes on which Modification 
HCM01000B has not been accomplished: Inspect prior to the 
accumulation of 17,200 total flight cycles, or within 1,400 flight 
cycles after the effective date of this AD, whichever occurs later.
    (b) Repeat the inspections required by paragraph (a) of this AD 
at the intervals defined in Significant Structural Item (SSI) Task 
No. 53-20-160 as detailed in Section 6 of the BAe 146 Maintenance 
Review Board Report, Revision 5, dated November 1998.

Corrective Action

    (c) If any cracking is detected during any inspection required 
by paragraph (a) or (b) 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). For a 
repair method to be approved by the Manager, International Branch, 
ANM-116, as required by this paragraph, the manager's approval 
letter must specifically reference this AD.

Alternative Methods of Compliance

    (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 4: 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 5: The subject of this AD is addressed in British 
airworthiness directive 005-04-98.

    Issued in Renton, Washington, on October 7, 1999.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-26868 Filed 10-13-99; 8:45 am]
BILLING CODE 4910-13-P